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Minnesota Legislature

Office of the Revisor of Statutes

SF 3819

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

  1.1                          A bill for an act 
  1.2             relating to legislative enactments; correcting 
  1.3             miscellaneous oversights, inconsistencies, 
  1.4             ambiguities, unintended results, and technical errors; 
  1.5             amending Minnesota Statutes 1998, sections 161.32, 
  1.6             subdivision 7, as added; 256B.501, subdivision 13, as 
  1.7             added; 268.059; 349.163, subdivision 9, as added; 
  1.8             462A.201, subdivision 2; and 477A.06, subdivision 3, 
  1.9             as amended; Minnesota Statutes 1999 Supplement, 
  1.10            sections 123B.54, as amended; 125A.76, subdivision 1, 
  1.11            as amended; 245.4871, subdivision 4, as amended; 
  1.12            256B.431, subdivision 28, as amended; 290.01, 
  1.13            subdivision 19, as amended; and 477A.06, subdivision 
  1.14            1, as amended; Laws 1999, chapter 241, article 2, 
  1.15            section 60, subdivision 14, as amended; chapter 243, 
  1.16            article 1, section 2, as amended; and chapter 245, 
  1.17            article 1, section 2, subdivision 8, as amended; and 
  1.18            Laws 2000, chapter 296, section 1; chapter 429, 
  1.19            section 1; chapter 444, article 1, section 6; chapter 
  1.20            461, article 17, section 14; chapter 463, section 23, 
  1.21            subdivision 2; chapter 479, articles 1, section 2, 
  1.22            subdivision 12; and 2, section 1; chapter 488, 
  1.23            articles 8, section 2, subdivisions 4 and 6; and 10, 
  1.24            section 37; chapter 489, articles 2, section 34; 5, 
  1.25            section 28, subdivision 4; and 6, section 44, 
  1.26            subdivision 1; and chapter 492, article 1, sections 1; 
  1.27            5, subdivisions 4 and 5; 12, subdivision 10; 22, 
  1.28            subdivision 3; 23; 25; and 26, subdivision 1; 
  1.29            Minnesota Statutes, section 58.135, as added; 2000 
  1.30            H.F. No. 2891, section 1, if enacted; repealing Laws 
  1.31            1999, chapter 241, article 1, section 64; and Laws 
  1.32            2000, chapter 492, article 1, section 7, subdivision 
  1.33            31. 
  1.34  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.35     Section 1.  Minnesota Statutes 1998, section 268.059, is 
  1.36  amended to read: 
  1.37     268.059 [GARNISHMENT FOR DELINQUENT TAXES AND BENEFIT 
  1.38  OVERPAYMENTS.] 
  1.39     (a) The commissioner may give notice to any employer that 
  2.1   an employee owes delinquent taxes, payments in lieu of taxes, or 
  2.2   overpaid benefits, including penalties, interest, and costs, and 
  2.3   that the obligation to the department should be withheld from 
  2.4   the employee's wages.  The commissioner may proceed only if the 
  2.5   tax, payment in lieu of taxes, or benefit overpayment is 
  2.6   uncontested or if the time for any appeal has expired.  The 
  2.7   commissioner shall not proceed until 30 calendar days after 
  2.8   mailing to the debtor employee, at the debtor's last known 
  2.9   address, a written notice of intent to garnish wages and 
  2.10  exemption notice.  That notice shall list: 
  2.11     (1) the amount of taxes, payments in lieu of taxes, 
  2.12  overpaid benefits, interest, penalties, or costs due from the 
  2.13  debtor; 
  2.14     (2) demand for immediate payment; and 
  2.15     (3) the intention to serve a garnishment notice on the 
  2.16  debtor's employer. 
  2.17     The notice shall expire 180 calendar days after it has been 
  2.18  mailed to the debtor provided that the notice may be renewed by 
  2.19  mailing a new notice that is in accordance with this section.  
  2.20  The renewed notice shall have the effect of reinstating the 
  2.21  priority of the original notice.  The exemption notice shall be 
  2.22  in substantially the same form as in section 571.72.  The notice 
  2.23  shall inform the debtor of the right to claim exemptions 
  2.24  contained in section 550.37, subdivision 14.  If no written 
  2.25  claim of exemption is received by the commissioner within 30 
  2.26  calendar days after mailing of the notice, the commissioner may 
  2.27  proceed with the garnishment.  The notice to the debtor's 
  2.28  employer may be served by mail and shall be in substantially the 
  2.29  same form as in section 571.75.  Upon receipt of the garnishment 
  2.30  notice, the employer shall withhold from the earnings due or to 
  2.31  become due to the employee, the amount shown on the notice plus 
  2.32  accrued interest, subject to section 571.922.  The employer 
  2.33  shall continue to withhold each pay period the amount shown on 
  2.34  the notice plus accrued interest until the garnishment notice is 
  2.35  released by the commissioner.  Upon receipt of notice by the 
  2.36  employer, the claim of the commissioner shall have priority over 
  3.1   any subsequent garnishments or wage assignments.  The 
  3.2   commissioner may arrange between the employer and employee for 
  3.3   withholding a portion of the total amount due the employee each 
  3.4   pay period, until the total amount shown on the notice plus 
  3.5   accrued interest has been withheld. 
  3.6      The "earnings due" any employee is as defined in section 
  3.7   571.921.  The maximum garnishment allowed for any one pay period 
  3.8   shall be decreased by any amounts payable pursuant to any other 
  3.9   garnishment action served prior to the garnishment notice, and 
  3.10  any amounts covered by any irrevocable and previously effective 
  3.11  assignment of wages; the employer shall give notice to the 
  3.12  commissioner of the amounts and the facts relating to the 
  3.13  assignment within ten days after the service of the garnishment 
  3.14  notice on the form provided by the commissioner. 
  3.15     (b) If the employee ceases to be employed by the employer 
  3.16  before the full amount set forth on the garnishment notice plus 
  3.17  accrued interest has been withheld, the employer shall 
  3.18  immediately notify the commissioner in writing of the 
  3.19  termination date of the employee and the total amount withheld.  
  3.20  No employer may discharge or discipline any employee because the 
  3.21  commissioner has proceeded under this section.  If an employer 
  3.22  discharges an employee in violation of this section, the 
  3.23  employee shall have the same remedy as provided in section 
  3.24  571.927, subdivision 2. 
  3.25     (c) Within ten calendar days after the expiration of the 
  3.26  pay period, the employer shall remit to the commissioner, on a 
  3.27  form and in the manner prescribed by the commissioner, the 
  3.28  amount withheld during each pay period. 
  3.29     (d) Paragraphs (a) to (c) shall apply if the employer is 
  3.30  the state of Minnesota or any political subdivision. 
  3.31     (e) The commissioner shall refund to the employee any 
  3.32  excess amounts withheld from the employee. 
  3.33     (f) An employer that fails or refuses to comply with this 
  3.34  section shall be liable as provided in section 268.058, 
  3.35  subdivision 3 2, paragraph (i) (j). 
  3.36     Sec. 2.  [CORRECTION 1.] Minnesota Statutes 1998, section 
  4.1   349.163, subdivision 9, as added by Laws 2000, chapter 300, 
  4.2   section 4, is amended to read: 
  4.3      Sec. 4.  Minnesota Statutes 1998, section 349.163, is 
  4.4   amended by adding a subdivision to read: 
  4.5      Subd. 9.  [SALES REQUIRED.] No licensed manufacturer may 
  4.6   refuse to sell pull-tab games to a licensed distributor unless: 
  4.7      (1) a specific game sold on an exclusive basis is at issue; 
  4.8      (2) the manufacturer does not sell the pull-tab games to 
  4.9   any distributor in Minnesota; 
  4.10     (3) a Minnesota statute or rule prohibits the sale; or 
  4.11     (4) the distributor is delinquent on any payment owed to 
  4.12  the manufacturer. 
  4.13     Sec. 3.  [CORRECTION 2.] Laws 2000, chapter 296, section 1, 
  4.14  is amended to read: 
  4.15     Section 1.  [STUDY ON REIMBURSEMENT FOR SPECIAL 
  4.16  TRANSPORTATION PROVIDERS.] 
  4.17     The commissioner of human services, in consultation with 
  4.18  special transportation providers, shall prepare a study on 
  4.19  appropriate reimbursement for special transportation providers.  
  4.20  The study shall include, but not be limited to, an analysis of 
  4.21  the cost characteristics of special transportation services, 
  4.22  including the differences in costs for services provided to: 
  4.23     (1) persons who need a wheelchair lift or ramp van; 
  4.24     (2) persons who need a stretcher-equipped vehicle; 
  4.25     (3) persons who are ambulatory with assistance multiple 
  4.26  door through multiple door doors; 
  4.27     (4) persons who are ambulatory without assistance; 
  4.28     (5) persons residing in rural areas; and 
  4.29     (6) persons residing in urban areas. 
  4.30  The commissioner shall make recommendations for reimbursement 
  4.31  rates for services to persons in clauses (1) to (6), based 
  4.32  primarily on the analysis of service cost characteristics, 
  4.33  capital cost characteristics, and industry growth cost 
  4.34  characteristics.  The commissioner shall present the study to 
  4.35  the legislature no later than September 15, 2000. 
  4.36     Sec. 4.  [CORRECTION 6.] Laws 2000, chapter 444, article 1, 
  5.1   section 6, is amended to read: 
  5.2      Sec. 6.  518.183 [REPLACING CERTAIN ORDERS.] 
  5.3      Upon request of both parties the court must modify an order 
  5.4   entered under section 518.17 or 518.175 before the effective 
  5.5   date of this act section by entering a parenting plan that 
  5.6   complies with section 518.1705, unless the court makes detailed 
  5.7   findings that entering a parenting plan is not in the best 
  5.8   interests of the child.  If only one party makes the request, 
  5.9   the court may modify the order by entering a parenting plan that 
  5.10  complies with section 518.1705.  The court must apply the 
  5.11  standards in section 518.18 when considering a motion to enter a 
  5.12  parenting plan that would change the child's primary residence.  
  5.13  The court must apply the standards in section 518.17 when 
  5.14  considering a motion to enter a parenting plan that would: 
  5.15     (1) change decision-making responsibilities of the parents; 
  5.16  or 
  5.17     (2) change the time each parent spends with the child, but 
  5.18  not change the child's primary residence. 
  5.19     Sec. 5.  [CORRECTION 7.] 2000 H.F. No. 2891, section 1, if 
  5.20  enacted, is amended to read: 
  5.21  Section 1.  [APPROPRIATIONS.] 
  5.22     The sums in the column under "APPROPRIATIONS" are 
  5.23  appropriated from the general fund, or another named fund, to 
  5.24  the state agencies or officials indicated, to be spent for the 
  5.25  purposes indicated, for fiscal year 2001.  Unless otherwise 
  5.26  specified, the appropriations in this act are available until 
  5.27  spent. 
  5.28                              SUMMARY 
  5.29  TRANSPORTATION                                     $566,551,000
  5.30  METROPOLITAN COUNCIL                                 20,000,000 
  5.31  PUBLIC SAFETY                                           119,000 
  5.32  TRADE AND ECONOMIC DEVELOPMENT                          750,000 
  5.33  FINANCE                                              15,100,000
  5.34  TOTAL                                              $602,520,000
  5.35  Trunk Highway Bond Proceeds Account                 100,100,000
  5.36  Trunk Highway Fund                                  102,298,000 
  6.1   General Fund                                        400,122,000 
  6.2                                                    APPROPRIATIONS
  6.3                                                    $ 
  6.4      Sec. 6.  [CORRECTION 9.] Laws 1999, chapter 243, article 1, 
  6.5   section 2, as amended by Laws 2000, chapter 490, article 3, 
  6.6   section 1, is amended to read: 
  6.7      Sec. 2.  [SALES TAX REBATE.] 
  6.8      (a) An individual who: 
  6.9      (1) was eligible for a credit under Laws 1997, chapter 231, 
  6.10  article 1, section 16, as amended by Laws 1997, First Special 
  6.11  Session chapter 5, section 35, and Laws 1997, Third Special 
  6.12  Session chapter 3, section 11, and Laws 1998, chapter 304, and 
  6.13  Laws 1998, chapter 389, article 1, section 3, and who filed for 
  6.14  or received that credit on or before June 15, 1999; or 
  6.15     (2) was a resident of Minnesota for any part of 1997, and 
  6.16  filed a 1997 Minnesota income tax return on or before June 15, 
  6.17  1999, and had a tax liability before refundable credits on that 
  6.18  return of at least $1 but did not file the claim for credit 
  6.19  authorized under Laws 1997, chapter 231, article 1, section 16, 
  6.20  as amended, and who was not allowed to be claimed as a dependent 
  6.21  on a 1997 federal income tax return filed by another person; or 
  6.22     (3) had the property taxes payable on his or her homestead 
  6.23  abated to zero under Laws 1997, chapter 231, article 2, section 
  6.24  64, 
  6.25  shall receive a sales tax rebate. 
  6.26     (b) The sales tax rebate for taxpayers who qualify under 
  6.27  paragraph (a) as married filing joint or head of household must 
  6.28  be computed according to the following schedule: 
  6.29       Income                             Sales Tax Rebate
  6.30   less than $2,500                              $  358
  6.31   at least $2,500 but less than $5,000          $  469
  6.32   at least $5,000 but less than $10,000         $  502
  6.33   at least $10,000 but less than $15,000        $  549
  6.34   at least $15,000 but less than $20,000        $  604
  6.35   at least $20,000 but less than $25,000        $  641
  6.36   at least $25,000 but less than $30,000        $  690
  7.1    at least $30,000 but less than $35,000        $  762
  7.2    at least $35,000 but less than $40,000        $  820
  7.3    at least $40,000 but less than $45,000        $  874
  7.4    at least $45,000 but less than $50,000        $  921
  7.5    at least $50,000 but less than $60,000        $  969
  7.6    at least $60,000 but less than $70,000        $1,071
  7.7    at least $70,000 but less than $80,000        $1,162
  7.8    at least $80,000 but less than $90,000        $1,276
  7.9    at least $90,000 but less than $100,000       $1,417
  7.10   at least $100,000 but less than $120,000      $1,535
  7.11   at least $120,000 but less than $140,000      $1,682
  7.12   at least $140,000 but less than $160,000      $1,818
  7.13   at least $160,000 but less than $180,000      $1,946
  7.14   at least $180,000 but less than $200,000      $2,067
  7.15   at least $200,000 but less than $400,000      $2,644
  7.16   at least $400,000 but less than $600,000      $3,479
  7.17   at least $600,000 but less than $800,000      $4,175
  7.18   at least $800,000 but less than $1,000,000    $4,785
  7.19   $1,000,000 and over                           $5,000
  7.20     (c) The sales tax rebate for individuals who qualify under 
  7.21  paragraph (a) as single or married filing separately must be 
  7.22  computed according to the following schedule: 
  7.23        Income                                 Sales Tax Rebate
  7.24   less than $2,500                              $  204
  7.25   at least $2,500 but less than $5,000          $  249
  7.26   at least $5,000 but less than $10,000         $  299
  7.27   at least $10,000 but less than $15,000        $  408
  7.28   at least $15,000 but less than $20,000        $  464
  7.29   at least $20,000 but less than $25,000        $  496
  7.30   at least $25,000 but less than $30,000        $  515
  7.31   at least $30,000 but less than $40,000        $  570
  7.32   at least $40,000 but less than $50,000        $  649
  7.33   at least $50,000 but less than $70,000        $  776
  7.34   at least $70,000 but less than $100,000       $  958
  7.35   at least $100,000 but less than $140,000      $1,154
  7.36   at least $140,000 but less than $200,000      $1,394
  8.1    at least $200,000 but less than $400,000      $1,889
  8.2    at least $400,000 but less than $600,000      $2,485
  8.3    $600,000 and over                             $2,500
  8.4      (d) Individuals who were not residents of Minnesota for any 
  8.5   part of 1997 and who paid more than $10 in Minnesota sales tax 
  8.6   on nonbusiness consumer purchases in that year qualify for a 
  8.7   rebate under this paragraph only.  Qualifying nonresidents must 
  8.8   file a claim for rebate on a form prescribed by the commissioner 
  8.9   before the later of June 15, 1999, or 30 days after the date of 
  8.10  enactment of this act.  The claim must include receipts showing 
  8.11  the Minnesota sales tax paid and the date of the sale.  Taxes 
  8.12  paid on purchases allowed in the computation of federal taxable 
  8.13  income or reimbursed by an employer are not eligible for the 
  8.14  rebate.  The commissioner shall determine the qualifying taxes 
  8.15  paid and rebate the lesser of: 
  8.16     (1) 69.0 percent of that amount; or 
  8.17     (2) the maximum amount for which the claimant would have 
  8.18  been eligible as determined under paragraph (b) if the taxpayer 
  8.19  filed the 1997 federal income tax return as a married taxpayer 
  8.20  filing jointly or head of household, or as determined under 
  8.21  paragraph (c) for other taxpayers. 
  8.22     (e) "Income," for purposes of this section other than 
  8.23  paragraph (d), is taxable income as defined in section 63 of the 
  8.24  Internal Revenue Code of 1986, as amended through December 31, 
  8.25  1996, plus the sum of any additions to federal taxable income 
  8.26  for the taxpayer under Minnesota Statutes, section 290.01, 
  8.27  subdivision 19a, and reported on the original 1997 income tax 
  8.28  return including subsequent adjustments to that return made 
  8.29  within the time limits specified in paragraph (h).  For an 
  8.30  individual who was a resident of Minnesota for less than the 
  8.31  entire year, the sales tax rebate equals the sales tax rebate 
  8.32  calculated under paragraph (b) or (c) multiplied by the 
  8.33  percentage determined pursuant to Minnesota Statutes, section 
  8.34  290.06, subdivision 2c, paragraph (e), as calculated on the 
  8.35  original 1997 income tax return including subsequent adjustments 
  8.36  to that return made within the time limits specified in 
  9.1   paragraph (h).  For purposes of paragraph (d), "income" is 
  9.2   taxable income as defined in section 63 of the Internal Revenue 
  9.3   Code of 1986, as amended through December 31, 1996, and reported 
  9.4   on the taxpayer's original federal tax return for the first 
  9.5   taxable year beginning after December 31, 1996. 
  9.6      (f) An individual who would have been eligible for a rebate 
  9.7   under paragraph (a), clause (1) or (2), or (d) had the 
  9.8   individual filed a 1997 Minnesota income tax return or claim 
  9.9   form by June 15, 1999, who files the return or claim form by 
  9.10  June 30, 2000, is eligible for the rebate amount under (i) 
  9.11  paragraph (b) as adjusted by paragraph (h) if the individual is 
  9.12  was a resident of Minnesota for any part of 1997 and filed as 
  9.13  either married filing joint or head of household and the rebate 
  9.14  amount under, (ii) paragraph (c) as adjusted by paragraph (h) if 
  9.15  the individual is was a resident of Minnesota for any part of 
  9.16  1997 and filed as either married filing separately separate or 
  9.17  single, or (iii) paragraph (d) if the individual was a 
  9.18  nonresident in 1997. 
  9.19     (g) For a fiscal year taxpayer, the June 15, 1999, dates in 
  9.20  paragraphs (a) through (d) are extended one month for each month 
  9.21  in calendar year 1997 that occurred prior to the start of the 
  9.22  individual's 1997 fiscal tax year. 
  9.23     (h) Before payment, the commissioner of revenue shall 
  9.24  adjust the rebate as follows: 
  9.25     (1) the rebates calculated in paragraphs (b), (c), and (d) 
  9.26  must be proportionately reduced to account for 1997 income tax 
  9.27  returns that are filed on or after January 1, 1999, but before 
  9.28  July 1, 1999, so that the amount of sales tax rebates payable 
  9.29  under paragraphs (b), (c), and (d) does not exceed 
  9.30  $1,250,000,000; and 
  9.31     (2) the commissioner of finance shall certify by July 15, 
  9.32  1999, preliminary fiscal year 1999 general fund net nondedicated 
  9.33  revenues.  The certification shall exclude the impact of any 
  9.34  legislation enacted during the 1999 regular session.  If 
  9.35  certified net nondedicated revenues exceed the amount forecast 
  9.36  in February 1999, up to $50,000,000 of the increase shall be 
 10.1   added to the total amount rebated.  The commissioner of revenue 
 10.2   shall adjust all rebates proportionally to reflect any 
 10.3   increases.  The total amount of the rebate shall not exceed 
 10.4   $1,300,000,000. 
 10.5   The adjustments under this paragraph are not rules subject to 
 10.6   Minnesota Statutes, chapter 14. 
 10.7      (i) The commissioner of revenue may begin making sales tax 
 10.8   rebates by August 1, 1999.  Sales tax rebates not paid by 
 10.9   October 1, 1999, bear interest at the rate specified in 
 10.10  Minnesota Statutes, section 270.75.  Sales tax rebates paid to 
 10.11  (1) taxpayers who file their original 1997 Minnesota income tax 
 10.12  return after June 15, 1999, and (2) qualifying nonresidents who 
 10.13  file a claim for rebate after June 15, 1999, 
 10.14  bear interest at the rate specified in Minnesota Statutes, 
 10.15  section 270.75, beginning October 1, 2000. 
 10.16     (j) A sales tax rebate shall not be adjusted based on 
 10.17  changes to a 1997 income tax return that are made by order of 
 10.18  assessment after June 15, 1999, or made by the taxpayer that are 
 10.19  filed with the commissioner of revenue after June 15, 1999. 
 10.20     (k) Individuals who filed a joint income tax return for 
 10.21  1997 shall receive a joint sales tax rebate.  After the sales 
 10.22  tax rebate has been issued, but before the check has been 
 10.23  cashed, either joint claimant may request a separate check for 
 10.24  one-half of the joint sales tax rebate.  Notwithstanding 
 10.25  anything in this section to the contrary, if prior to payment, 
 10.26  the commissioner has been notified that persons who filed a 
 10.27  joint 1997 income tax return are living at separate addresses, 
 10.28  as indicated on their 1998 income tax return or otherwise, the 
 10.29  commissioner may issue separate checks to each person.  The 
 10.30  amount payable to each person is one-half of the total joint 
 10.31  rebate.  If a rebate is received by the estate of a deceased 
 10.32  individual after the probate estate has been closed, and if the 
 10.33  original rebate check is returned to the commissioner with a 
 10.34  copy of the decree of descent or final account of the estate, 
 10.35  social security numbers, and addresses of the beneficiaries, the 
 10.36  commissioner may issue separate checks in proportion to their 
 11.1   share in the residuary estate in the names of the residuary 
 11.2   beneficiaries of the estate. 
 11.3      (l) The sales tax rebate is a "Minnesota tax law" for 
 11.4   purposes of Minnesota Statutes, section 270B.01, subdivision 8. 
 11.5      (m) The sales tax rebate is "an overpayment of any tax 
 11.6   collected by the commissioner" for purposes of Minnesota 
 11.7   Statutes, section 270.07, subdivision 5.  For purposes of this 
 11.8   paragraph, a joint sales tax rebate is payable to each spouse 
 11.9   equally. 
 11.10     (n) If the commissioner of revenue cannot locate an 
 11.11  individual entitled to a sales tax rebate by July 1, 2001, or if 
 11.12  an individual to whom a sales tax rebate was issued has not 
 11.13  cashed the check by July 1, 2001, the right to the sales tax 
 11.14  rebate lapses and the check must be deposited in the general 
 11.15  fund. 
 11.16     (o) Individuals entitled to a sales tax rebate pursuant to 
 11.17  paragraph (a), but who did not receive one, and individuals who 
 11.18  receive a sales tax rebate that was not correctly computed, must 
 11.19  file a claim with the commissioner before July 1, 2000, in a 
 11.20  form prescribed by the commissioner.  Taxpayers who file their 
 11.21  original 1997 Minnesota income tax return after June 15, 1999, 
 11.22  and qualifying nonresidents who file a claim for rebate after 
 11.23  June 15, 1999, and who do not receive it or who receive a sales 
 11.24  tax rebate that was not correctly computed, must file a claim 
 11.25  with the commissioner before July 1, 2001, in a form prescribed 
 11.26  by the commissioner.  These claims must be treated as if they 
 11.27  are a claim for refund under Minnesota Statutes, section 
 11.28  289A.50, subdivisions 4 and 7. 
 11.29     (p) The sales tax rebate is a refund subject to revenue 
 11.30  recapture under Minnesota Statutes, chapter 270A.  The 
 11.31  commissioner of revenue shall remit the entire refund to the 
 11.32  claimant agency, which shall, upon the request of the spouse who 
 11.33  does not owe the debt, refund one-half of the joint sales tax 
 11.34  rebate to the spouse who does not owe the debt. 
 11.35     (q) The rebate is a reduction of fiscal year 1999 sales tax 
 11.36  revenues.  The amount necessary to make the sales tax rebates 
 12.1   and interest provided in this section is appropriated from the 
 12.2   general fund to the commissioner of revenue in fiscal year 1999 
 12.3   and is available until June 30, 2001. 
 12.4      (r) If a sales tax rebate check is cashed by someone other 
 12.5   than the payee or payees of the check, and the commissioner of 
 12.6   revenue determines that the check has been forged or improperly 
 12.7   endorsed or the commissioner determines that a rebate was 
 12.8   overstated or erroneously issued, the commissioner may issue an 
 12.9   order of assessment for the amount of the check or the amount 
 12.10  the check is overstated against the person or persons cashing 
 12.11  it.  The assessment must be made within two years after the 
 12.12  check is cashed, but if cashing the check constitutes theft 
 12.13  under Minnesota Statutes, section 609.52, or forgery under 
 12.14  Minnesota Statutes, section 609.631, the assessment can be made 
 12.15  at any time.  The assessment may be appealed administratively 
 12.16  and judicially.  The commissioner may take action to collect the 
 12.17  assessment in the same manner as provided by Minnesota Statutes, 
 12.18  chapter 289A, for any other order of the commissioner assessing 
 12.19  tax. 
 12.20     (s) Notwithstanding Minnesota Statutes, sections 9.031, 
 12.21  16A.40, 16B.49, 16B.50, and any other law to the contrary, the 
 12.22  commissioner of revenue may take whatever actions the 
 12.23  commissioner deems necessary to pay the rebates required by this 
 12.24  section, and may, in consultation with the commissioner of 
 12.25  finance and the state treasurer, contract with a private vendor 
 12.26  or vendors to process, print, and mail the rebate checks or 
 12.27  warrants required under this section and receive and disburse 
 12.28  state funds to pay those checks or warrants. 
 12.29     (t) The commissioner may pay rebates required by this 
 12.30  section by electronic funds transfer to individuals who 
 12.31  requested that their 1998 individual income tax refund be paid 
 12.32  through electronic funds transfer.  The commissioner may make 
 12.33  the electronic funds transfer payments to the same financial 
 12.34  institution and into the same account as the 1998 individual 
 12.35  income tax refund. 
 12.36     Sec. 7.  [CORRECTION 9A.] Minnesota Statutes 1999 
 13.1   Supplement, section 290.01, subdivision 19, as amended by Laws 
 13.2   2000, chapter 490, article 12, section 2, is amended to read: 
 13.3      Subd. 19.  [NET INCOME.] The term "net income" means the 
 13.4   federal taxable income, as defined in section 63 of the Internal 
 13.5   Revenue Code of 1986, as amended through the date named in this 
 13.6   subdivision, incorporating any elections made by the taxpayer in 
 13.7   accordance with the Internal Revenue Code in determining federal 
 13.8   taxable income for federal income tax purposes, and with the 
 13.9   modifications provided in subdivisions 19a to 19f. 
 13.10     In the case of a regulated investment company or a fund 
 13.11  thereof, as defined in section 851(a) or 851(g) of the Internal 
 13.12  Revenue Code, federal taxable income means investment company 
 13.13  taxable income as defined in section 852(b)(2) of the Internal 
 13.14  Revenue Code, except that:  
 13.15     (1) the exclusion of net capital gain provided in section 
 13.16  852(b)(2)(A) of the Internal Revenue Code does not apply; 
 13.17     (2) the deduction for dividends paid under section 
 13.18  852(b)(2)(D) of the Internal Revenue Code must be applied by 
 13.19  allowing a deduction for capital gain dividends and 
 13.20  exempt-interest dividends as defined in sections 852(b)(3)(C) 
 13.21  and 852(b)(5) of the Internal Revenue Code; and 
 13.22     (3) the deduction for dividends paid must also be applied 
 13.23  in the amount of any undistributed capital gains which the 
 13.24  regulated investment company elects to have treated as provided 
 13.25  in section 852(b)(3)(D) of the Internal Revenue Code.  
 13.26     The net income of a real estate investment trust as defined 
 13.27  and limited by section 856(a), (b), and (c) of the Internal 
 13.28  Revenue Code means the real estate investment trust taxable 
 13.29  income as defined in section 857(b)(2) of the Internal Revenue 
 13.30  Code. 
 13.31     The net income of a designated settlement fund as defined 
 13.32  in section 468B(d) of the Internal Revenue Code means the gross 
 13.33  income as defined in section 468B(b) of the Internal Revenue 
 13.34  Code. 
 13.35     The provisions of sections 1113(a), 1117, 1206(a), 1313(a), 
 13.36  1402(a), 1403(a), 1443, 1450, 1501(a), 1605, 1611(a), 1612, 
 14.1   1616, 1617, 1704(l), and 1704(m) of the Small Business Job 
 14.2   Protection Act, Public Law Number 104-188, the provisions of 
 14.3   Public Law Number 104-117, the provisions of sections 313(a) and 
 14.4   (b)(1), 602(a), 913(b), 941, 961, 971, 1001(a) and (b), 1002, 
 14.5   1003, 1012, 1013, 1014, 1061, 1062, 1081, 1084(b), 1086, 1087, 
 14.6   1111(a), 1131(b) and (c), 1211(b), 1213, 1530(c)(2), 1601(f)(5) 
 14.7   and (h), and 1604(d)(1) of the Taxpayer Relief Act of 1997, 
 14.8   Public Law Number 105-34, the provisions of section 6010 of the 
 14.9   Internal Revenue Service Restructuring and Reform Act of 1998, 
 14.10  Public Law Number 105-206, and the provisions of section 4003 of 
 14.11  the Omnibus Consolidated and Emergency Supplemental 
 14.12  Appropriations Act, 1999, Public Law Number 105-277, shall 
 14.13  become effective at the time they become effective for federal 
 14.14  purposes. 
 14.15     The Internal Revenue Code of 1986, as amended through 
 14.16  December 31, 1996, shall be in effect for taxable years 
 14.17  beginning after December 31, 1996. 
 14.18     The provisions of sections 202(a) and (b), 221(a), 225, 
 14.19  312, 313, 913(a), 934, 962, 1004, 1005, 1052, 1063, 1084(a) and 
 14.20  (c), 1089, 1112, 1171, 1204, 1271(a) and (b), 1305(a), 1306, 
 14.21  1307, 1308, 1309, 1501(b), 1502(b), 1504(a), 1505, 1527, 1528, 
 14.22  1530, 1601(d), (e), (f), and (i) and 1602(a), (b), (c), and (e) 
 14.23  of the Taxpayer Relief Act of 1997, Public Law Number 105-34, 
 14.24  the provisions of sections 6004, 6005, 6012, 6013, 6015, 6016, 
 14.25  7002, and 7003 of the Internal Revenue Service Restructuring and 
 14.26  Reform Act of 1998, Public Law Number 105-206, the provisions of 
 14.27  section 3001 of the Omnibus Consolidated and Emergency 
 14.28  Supplemental Appropriations Act, 1999, Public Law Number 
 14.29  105-277, and the provisions of section 3001 of the Miscellaneous 
 14.30  Trade and Technical Corrections Act of 1999, Public Law Number 
 14.31  106-36, shall become effective at the time they become effective 
 14.32  for federal purposes. 
 14.33     The Internal Revenue Code of 1986, as amended through 
 14.34  December 31, 1997, shall be in effect for taxable years 
 14.35  beginning after December 31, 1997. 
 14.36     The provisions of sections 5002, 6009, 6011, and 7001 of 
 15.1   the Internal Revenue Service Restructuring and Reform Act of 
 15.2   1998, Public Law Number 105-206, the provisions of section 9010 
 15.3   of the Transportation Equity Act for the 21st Century, Public 
 15.4   Law Number 105-178, the provisions of sections 1004, 4002, and 
 15.5   5301 of the Omnibus Consolidation and Emergency Supplemental 
 15.6   Appropriations Act, 1999, Public Law Number 105-277, the 
 15.7   provision of section 303 of the Ricky Ray Hemophilia Relief Fund 
 15.8   Act of 1998, Public Law Number 105-369, and the provisions of 
 15.9   sections 532, 534, 536, 537, and 538 of the Ticket to Work and 
 15.10  Work Incentives Improvement Act of 1999, Public Law Number 
 15.11  160-170 106-170, shall become effective at the time they become 
 15.12  effective for federal purposes. 
 15.13     The Internal Revenue Code of 1986, as amended through 
 15.14  December 31, 1998, shall be in effect for taxable years 
 15.15  beginning after December 31, 1998. 
 15.16     The Internal Revenue Code of 1986, as amended through 
 15.17  December 31, 1999, shall be in effect for taxable years 
 15.18  beginning after December 31, 1999. 
 15.19     Except as otherwise provided, references to the Internal 
 15.20  Revenue Code in subdivisions 19a to 19g mean the code in effect 
 15.21  for purposes of determining net income for the applicable year. 
 15.22     Sec. 8.  [CORRECTION 9B.] Minnesota Statutes 1999 
 15.23  Supplement, section 477A.06, subdivision 1, as amended by Laws 
 15.24  2000, chapter 490, article 6, section 8, is amended to read: 
 15.25     Subdivision 1.  [ELIGIBILITY.] (a) For assessment years 
 15.26  1999, 2000, 2001, and 2002, for all class 4d property on which 
 15.27  construction was begun before January 1, 1999, the assessor 
 15.28  shall determine the difference between the actual net tax 
 15.29  capacity and the net tax capacity that would be determined for 
 15.30  the property if the class rates for assessment year 1997 were in 
 15.31  effect. 
 15.32     (b) In calendar years 2000, 2001, 2002, and 2003, each city 
 15.33  shall be eligible for aid equal to (i) the amount by which the 
 15.34  sum of the differences determined in clause (a) for the 
 15.35  corresponding assessment year exceeds two percent of the city's 
 15.36  total taxable net tax capacity for taxes payable in 1998, 
 16.1   multiplied by (ii) the city government's average local tax rate 
 16.2   for taxes payable in 1998. 
 16.3      Sec. 9.  [CORRECTION 9C.] Minnesota Statutes 1998, section 
 16.4   477A.06, subdivision 3, as amended by Laws 2000, chapter 490, 
 16.5   article 6, section 9, is amended to read: 
 16.6      Subd. 3.  [APPROPRIATION; PAYMENT.] (a) The commissioner 
 16.7   shall pay each city its qualifying aid amount on or before July 
 16.8   20 of each year.  An amount sufficient to pay the aid authorized 
 16.9   under this section is appropriated to the commissioner of 
 16.10  revenue from the property tax reform account in fiscal years 
 16.11  year 2000 and 2001, and from the general fund in fiscal 
 16.12  years 2001, 2002, 2003, and 2004. 
 16.13     (b) For fiscal years 2001 through 2004, the amount of aid 
 16.14  appropriated under this section may not exceed $1,500,000 each 
 16.15  year. 
 16.16     (c) If the total amount of aid that would otherwise be 
 16.17  payable under the formula in this section exceeds the maximum 
 16.18  allowed under paragraph (b), the amount of aid for each city is 
 16.19  reduced proportionately to equal the limit. 
 16.20     Sec. 10.  [CORRECTION 10.] Minnesota Statutes, section 
 16.21  58.135, as added by Laws 2000, chapter 427, section 17, is 
 16.22  amended by adding a subdivision to read: 
 16.23     Subd. 3.  [APPLICATION.] This section applies to 
 16.24  residential mortgage loans made on or after August 1, 2001. 
 16.25     Sec. 11.  [CORRECTION 11.] Laws 2000, chapter 461, article 
 16.26  17, section 14, is amended to read: 
 16.27     Sec. 14.  [EFFECTIVE DATE.] 
 16.28     (a) Sections 1 to 5 are effective on the day after the date 
 16.29  on which the Minneapolis city council and the chief clerical 
 16.30  officer of the city of Minneapolis complete, in a timely manner, 
 16.31  their compliance with Minnesota Statutes, section 645.021, 
 16.32  subdivisions 2 and 3. 
 16.33     (b) Section 6 is effective on the day after the date on 
 16.34  which the Minneapolis city council and the chief clerical 
 16.35  officer of the city of Minneapolis complete, in a timely manner, 
 16.36  their compliance with Minnesota Statutes, section 645.021, 
 17.1   subdivisions 2 and 3.  Section 5 3, if approved, applies 
 17.2   retroactively to contributions beginning after July 1, 1990. 
 17.3      (c) Sections 7 to 13 are effective on the day after the 
 17.4   date on which the Minneapolis city council and the chief 
 17.5   clerical officer of the city of Minneapolis complete, in a 
 17.6   timely manner, their compliance with Minnesota Statutes, section 
 17.7   645.021, subdivisions 2 and 3.  Section 5 10, if approved, 
 17.8   applies retroactively to contributions beginning after July 1, 
 17.9   1990. 
 17.10     Sec. 12.  [CORRECTION 12.] Laws 2000, chapter 492, article 
 17.11  1, section 1, is amended to read: 
 17.12  Section 1.  [CAPITAL IMPROVEMENT APPROPRIATIONS.] 
 17.13     The sums in the column under "APPROPRIATIONS" are 
 17.14  appropriated from the bond proceeds fund, or another named fund, 
 17.15  to the state agencies or officials indicated, to be spent for 
 17.16  public purposes including, but not limited to, acquiring and 
 17.17  bettering public land and buildings and other public 
 17.18  improvements of a capital nature, as specified in this article.  
 17.19  Unless otherwise specified, the appropriations in this article 
 17.20  are available until the project is completed or abandoned. 
 17.21                              SUMMARY 
 17.22  UNIVERSITY OF MINNESOTA                          $  100,213,000 
 17.23  MINNESOTA STATE COLLEGES AND UNIVERSITIES           131,021,000 
 17.24  PERPICH CENTER FOR ARTS EDUCATION                       877,000 
 17.25  CHILDREN, FAMILIES, AND LEARNING                     80,741,000 
 17.26  MINNESOTA STATE ACADEMIES                             3,066,000 
 17.27  NATURAL RESOURCES                                    73,177,000 
 17.28  OFFICE OF ENVIRONMENTAL ASSISTANCE                    2,200,000 
 17.29  BOARD OF WATER AND SOIL RESOURCES                    23,800,000 
 17.30  AGRICULTURE                                          21,700,000 
 17.31  ZOOLOGICAL GARDENS                                    1,000,000 
 17.32  ADMINISTRATION                                       81,450,000 
 17.33  AMATEUR SPORTS COMMISSION                             1,110,000 
 17.34  ARTS                                                  4,500,000 
 17.35  MILITARY AFFAIRS                                      3,625,000 
 17.36  VETERANS AFFAIRS                                         25,000 
 18.1   HUMAN SERVICES                                       12,471,000 
 18.2   HEALTH                                                7,135,000
 18.3   VETERANS HOMES BOARD                                 11,700,000
 18.4   PUBLIC SAFETY                                         2,844,000 
 18.5   CORRECTIONS                                          18,035,000 
 18.6   TRADE AND ECONOMIC DEVELOPMENT                       51,382,000 
 18.7   HOUSING FINANCE AGENCY                                2,000,000 
 18.8   MINNESOTA HISTORICAL SOCIETY                          5,750,000 
 18.9   BOND SALE EXPENSES                                      448,000 
 18.10                                                          449,000 
 18.11  CANCELLATIONS                                       (29,913,000)
 18.12  TOTAL                                            $  610,357,000 
 18.13                                                   $  610,358,000 
 18.14  Bond Proceeds Fund
 18.15  (General Fund Debt Service)                         470,900,000
 18.16                                                      426,871,000
 18.17  Bond Proceeds Fund Cancellations                    (20,902,000)
 18.18  Bond Proceeds Fund  
 18.19  (User Financed Debt Service)                         71,359,000
 18.20  Maximum Effort School Loan Fund                      44,030,000 
 18.21  Bond Proceeds Fund Cancellations                    (20,902,000) 
 18.22  General Fund                                         98,011,000
 18.23  General Fund Cancellations                           (9,011,000)
 18.24                                                   APPROPRIATIONS
 18.25                                                   $ 
 18.26     Sec. 13.  [CORRECTION 12A.] Laws 2000, chapter 492, article 
 18.27  1, section 5, subdivision 4, is amended to read: 
 18.28  Subd. 4.  Pine Point School                           4,100,000
 18.29  This appropriation is from the general 
 18.30  fund. 
 18.31  For a grant to independent school 
 18.32  district No. 25, Pine Point, to 
 18.33  construct a new school facility serving 
 18.34  kindergarten through grade 8. 
 18.35     Sec. 14.  [CORRECTION 12B.] Laws 2000, chapter 492, article 
 18.36  1, section 5, subdivision 5, is amended to read: 
 18.37  Subd. 5.  Maximum Effort Capital                                
 18.38  Loans                                                44,030,000
 18.39  This appropriation is from the maximum 
 18.40  effort school loan fund. 
 18.41  For capital loans to school districts 
 18.42  as provided in Minnesota Statutes, 
 18.43  sections 126C.60 to 126C.72.  Capital 
 19.1   loans to the recipient school districts 
 19.2   are approved in the following amounts: 
 19.3   (a)  Independent School District No. 299,
 19.4   Caledonia                                            14,134,000
 19.5   (b)  Independent School District No. 306,
 19.6   La Porte                                              7,200,000
 19.7   (c)  Independent School District No. 38,
 19.8   Red Lake                                             11,166,000
 19.9   (d)  Independent School District No. 115,
 19.10  Cass Lake                                             7,505,000
 19.11  (e)  Independent School District No. 914,
 19.12  Ulen-Hitterdahl                                       4,025,000
 19.13  The commissioner shall review the 
 19.14  proposed plan and budget of the project 
 19.15  and may reduce the amount of the loan 
 19.16  to ensure that the project will be 
 19.17  economical.  The commissioner may 
 19.18  recover the cost incurred by the 
 19.19  commissioner for any professional 
 19.20  services associated with the final 
 19.21  review and construction by reducing the 
 19.22  proceeds of the loan paid by the 
 19.23  district.  The commissioner shall 
 19.24  report to the legislature any 
 19.25  reductions to the appropriations in 
 19.26  this subdivision by January 10, 2001.  
 19.27  The commissioner must study how the 
 19.28  maximum effort loan program should be 
 19.29  restructured to allow more school 
 19.30  districts to qualify for capital 
 19.31  financing under the current debt 
 19.32  service equalization aid program 
 19.33  without needing to turn to the maximum 
 19.34  effort loan program.  The commissioner 
 19.35  must report to the capital investment 
 19.36  and K-12 education finance committees 
 19.37  of the house and the education finance 
 19.38  committee and the K-12 education budget 
 19.39  division of the senate.  The department 
 19.40  must not accept any applications for 
 19.41  the maximum effort loan program until 
 19.42  after the end of the 2001 legislative 
 19.43  session. 
 19.44     Sec. 15.  [CORRECTION 12C.] Laws 2000, chapter 492, article 
 19.45  1, section 22, subdivision 3, is amended to read: 
 19.46  Subd. 3.  Wastewater Infrastructure                            
 19.47  Funding Program                                      18,319,000 
 19.48  $10,409,000 $6,309,000 of this 
 19.49  appropriation is from the general fund 
 19.50  of which $319,000 is to administer the 
 19.51  wastewater infrastructure fund program. 
 19.52  To the public facilities authority for 
 19.53  grants to eligible municipalities under 
 19.54  the wastewater infrastructure program 
 19.55  established in Minnesota Statutes, 
 19.56  section 446A.072. 
 19.57  To the greatest extent practical, the 
 19.58  authority should use the grants for 
 20.1   projects on the 2000 intended use plan 
 20.2   in priority order to qualified 
 20.3   applicants that submit plans and 
 20.4   specifications to the pollution control 
 20.5   agency or receive a funding commitment 
 20.6   from USDA rural development before 
 20.7   December 1, 2001. In determining 
 20.8   whether the penalty factor under 
 20.9   Minnesota Rules, part 7077.0196, should 
 20.10  be applied to a project, the pollution 
 20.11  control agency shall, beginning with 
 20.12  the 2001 Intended Use Plan and Project 
 20.13  Priority list, first assess the impact 
 20.14  of the new or expanded discharge 
 20.15  compared to the impact of the 
 20.16  preexisting conditions and to the 
 20.17  impact of alternative discharge 
 20.18  locations.  If the agency determines 
 20.19  that the new or expanded discharge is 
 20.20  to a less environmentally sensitive 
 20.21  area or that it is the preferable 
 20.22  location for the discharge compared to 
 20.23  the alternatives, the agency shall not 
 20.24  apply the penalty factor to the project.
 20.25  The pollution control agency shall 
 20.26  include as a factor in prioritizing 
 20.27  projects whether a project is a 
 20.28  multijurisdictional project connecting 
 20.29  areas with failing onsite treatment 
 20.30  systems with an existing or regional 
 20.31  wastewater treatment system. 
 20.32  The authority shall set aside up to 
 20.33  $400,000 for the Innovative Technology 
 20.34  Grants Program to provide 50 percent 
 20.35  reimbursement for the cost of equipment 
 20.36  and installation into an existing 
 20.37  municipal wastewater treatment system.  
 20.38  The project must be approved by the 
 20.39  pollution control agency and 
 20.40  demonstrate the application of existing 
 20.41  technology that has not been used 
 20.42  before in the treatment of municipal 
 20.43  wastewater, but has the potential to 
 20.44  improve the treatment of wastewater or 
 20.45  make the treatment process more cost 
 20.46  effective. 
 20.47  Beginning with the 2001 intended use 
 20.48  plan, the pollution control agency 
 20.49  shall include whether a community has a 
 20.50  moratorium on development as a factor 
 20.51  in prioritizing projects.  The agency 
 20.52  shall adopt rules implementing the 
 20.53  provisions of this paragraph under 
 20.54  Minnesota Statutes, section 14.389. 
 20.55     Sec. 16.  [CORRECTION 12D.] Laws 2000, chapter 492, article 
 20.56  1, section 23, is amended to read: 
 20.57  Sec. 23.  HOUSING FINANCE AGENCY                      2,000,000
 20.58  This appropriation is from the general 
 20.59  fund. 
 20.60  To the commissioner of the housing 
 20.61  finance agency for transfer to the 
 20.62  housing development fund to make loans 
 20.63  for transitional housing under 
 20.64  Minnesota Statutes, section 462A.202 
 21.1   462A.201, subdivision 2. 
 21.2      Sec. 17.  [CORRECTION 12E.] Laws 2000, chapter 492, article 
 21.3   1, section 25, is amended to read: 
 21.4   Sec. 25.  BOND SALE EXPENSES                            448,000
 21.5                                                           449,000
 21.6   To the commissioner of finance for bond 
 21.7   sale expenses under Minnesota Statutes, 
 21.8   section 16A.641, subdivision 8.  This 
 21.9   appropriation is from the bond proceeds 
 21.10  fund. 
 21.11     Sec. 18.  [CORRECTION 12F.] Laws 2000, chapter 492, article 
 21.12  1, section 26, subdivision 1, is amended to read: 
 21.13     Sec. 26.  [BOND SALE AUTHORIZATION.] 
 21.14     Subdivision 1.  [BOND PROCEEDS FUND.] To provide the money 
 21.15  appropriated in this act from the bond proceeds fund, the 
 21.16  commissioner of finance shall sell and issue bonds of the state 
 21.17  in an amount up to $426,870,000 $498,230,000 in the manner, upon 
 21.18  the terms, and with the effect prescribed by Minnesota Statutes, 
 21.19  sections 16A.631 to 16A.675, and by the Minnesota Constitution, 
 21.20  article XI, sections 4 to 7. 
 21.21     Sec. 19.  [CORRECTION 12G.] Minnesota Statutes 1998, 
 21.22  section 462A.201, subdivision 2, is amended to read: 
 21.23     Subd. 2.  [LOW-INCOME HOUSING.] (a) The agency may, in 
 21.24  consultation with the advisory committee, use money from the 
 21.25  housing trust fund account to provide loans or grants for 
 21.26  projects for the development, construction, acquisition, 
 21.27  preservation, and rehabilitation of low-income rental and 
 21.28  limited equity cooperative housing units, including temporary 
 21.29  and transitional housing, and homes for ownership.  For purposes 
 21.30  of this section, "transitional housing" means housing that is 
 21.31  provided for a limited duration not exceeding 24 months, except 
 21.32  that up to one-third of the residents may live in the housing 
 21.33  for up to 36 months.  Loans or grants for residential housing 
 21.34  for migrant farmworkers may be made under this section.  No more 
 21.35  than 20 percent of available funds may be used for home 
 21.36  ownership projects.  
 21.37     (b) A rental or limited equity cooperative permanent 
 21.38  housing project must meet one of the following income tests: 
 22.1      (1) at least 75 percent of the rental and cooperative units 
 22.2   must be rented to or cooperatively owned by persons and families 
 22.3   whose income does not exceed 30 percent of the median family 
 22.4   income for the metropolitan area as defined in section 473.121, 
 22.5   subdivision 2; or 
 22.6      (2) all of the units funded by the housing trust fund 
 22.7   account must be used for the benefit of persons and families 
 22.8   whose income does not exceed 30 percent of the median family 
 22.9   income for the metropolitan area as defined in section 473.121, 
 22.10  subdivision 2. 
 22.11     The median family income may be adjusted for families of 
 22.12  five or more. 
 22.13     (c) Homes for ownership must be owned or purchased by 
 22.14  persons and families whose income does not exceed 50 percent of 
 22.15  the metropolitan area median income, adjusted for family size. 
 22.16     (d) In making the grants, the agency shall determine the 
 22.17  terms and conditions of repayment and the appropriate security, 
 22.18  if any, should repayment be required.  To promote the geographic 
 22.19  distribution of grants and loans, the agency may designate a 
 22.20  portion of the grant or loan awards to be set aside for projects 
 22.21  located in specified congressional districts or other 
 22.22  geographical regions specified by the agency.  The agency may 
 22.23  adopt rules for awarding grants and loans under this subdivision.
 22.24     Sec. 20.  [CORRECTION 13.] Minnesota Statutes 1998, section 
 22.25  161.32, subdivision 7, as added by Laws 2000, chapter 479, 
 22.26  article 1, section 13, is amended to read: 
 22.27     Subd. 7.  [APPROVAL AND PAYMENT OF SUPPLEMENTAL 
 22.28  AGREEMENTS.] Notwithstanding any law to the contrary, when goods 
 22.29  or services are provided to the commissioner under an agreement 
 22.30  supplemental to a contract for work on a trunk highway, the 
 22.31  commissioner or designee may approve the supplemental 
 22.32  agreement work.  Payment of valid state obligations must be made 
 22.33  within 30 days of approval of the work or submission by the 
 22.34  contractor of an invoice indicating completion of work, 
 22.35  whichever occurs later. 
 22.36     Sec. 21.  [CORRECTION 14.] Laws 2000, chapter 488, article 
 23.1   8, section 2, subdivision 4, is amended to read: 
 23.2   Subd. 4.  State-Operated Services
 23.3         -0-          (1,495,000)
 23.4   [STATE-OPERATED SERVICES BASE 
 23.5   REDUCTION.] The general fund base level 
 23.6   appropriation for state operated 
 23.7   services programs and activities shall 
 23.8   be reduced by $1,495,000 for fiscal 
 23.9   year 2001.  
 23.10  The amounts that may be spent from this 
 23.11  appropriation for each purpose are as 
 23.12  follows: 
 23.13  (a) RTC Facilities
 23.14        -0-            (1,495,000)
 23.15     Sec. 22.  [CORRECTION 14A.] Laws 2000, chapter 488, article 
 23.16  8, section 2, subdivision 6, is amended to read: 
 23.17  Subd. 6.  Economic Support Grants
 23.18      30,509,000     25,368,000                 
 23.19  The amounts that may be spent from this 
 23.20  appropriation for each purpose are as 
 23.21  follows: 
 23.22  [ASSISTANCE TO FAMILIES GRANTS TANF 
 23.23  FORECAST ADJUSTMENT.] The federal 
 23.24  Temporary Assistance to Needy Families 
 23.25  (TANF) block grant fund appropriated to 
 23.26  the commissioner of human services in 
 23.27  Laws 1999, chapter 245, article 1, 
 23.28  section 2, subdivision 10, for MFIP 
 23.29  cash grants are reduced by $37,513,000 
 23.30  in fiscal year 2000 and $30,217,000 in 
 23.31  fiscal year 2001. 
 23.32  [FEDERAL TANF FUNDS.] (1) In addition 
 23.33  to the Federal Temporary Assistance for 
 23.34  Needy Families (TANF) block grant funds 
 23.35  appropriated to the commissioner of 
 23.36  human services in Laws 1999, chapter 
 23.37  245, article 1, section 2, subdivision 
 23.38  10, federal TANF funds are appropriated 
 23.39  to the commissioner in amounts up to 
 23.40  $20,000,000 in fiscal year 2000 
 23.41  and $80,440,000 $68,394,000 in fiscal 
 23.42  year 2001.  In addition to these funds, 
 23.43  the commissioner may draw or transfer 
 23.44  any other appropriations of federal 
 23.45  TANF funds or transfers of federal TANF 
 23.46  funds that are enacted into state law. 
 23.47  (2) Of the amounts in clause (1), 
 23.48  $19,680,000 in fiscal year 2001 is for 
 23.49  the local intervention grants program 
 23.50  under Minnesota Statutes, section 
 23.51  256J.625 and related grant programs and 
 23.52  shall be expended as follows: 
 23.53  (a) $500,000 in fiscal year 2001 is for 
 23.54  a grant to the Southeast Asian MFIP 
 23.55  services collaborative to replicate in 
 23.56  a second location an existing model of 
 24.1   an intensive intervention transitional 
 24.2   employment training project which 
 24.3   serves TANF-eligible recipients and 
 24.4   which moves refugee and immigrant 
 24.5   welfare recipients unto unsubsidized 
 24.6   employment and leads to economic 
 24.7   self-sufficiency.  This is a one-time 
 24.8   appropriation. 
 24.9   (b) $500,000 in fiscal year 2001 is for 
 24.10  nontraditional career assistance and 
 24.11  training programs under Minnesota 
 24.12  Statutes, section 256K.30, subdivision 
 24.13  4.  This is a one-time appropriation. 
 24.14  (c) $18,680,000 is for local 
 24.15  intervention grants for 
 24.16  self-sufficiency program under 
 24.17  Minnesota Statutes, section 256J.625.  
 24.18  For fiscal years 2002 and 2003 the 
 24.19  commissioner of finance shall ensure 
 24.20  that the base level funding for the 
 24.21  local intervention grants program is 
 24.22  $27,180,000 each year. 
 24.23  (3) Of the amounts in clause (2), 
 24.24  paragraph (c) for local intervention 
 24.25  grants, $7,000,000 in fiscal year 2001 
 24.26  shall be transferred to the 
 24.27  commissioner of health for distribution 
 24.28  to county boards according to the 
 24.29  formula in Minnesota Statutes, section 
 24.30  256J.625, subdivision 3, to be used by 
 24.31  county public health boards to serve 
 24.32  families with incomes at or below 200 
 24.33  percent of the federal poverty 
 24.34  guidelines, in the manner specified by 
 24.35  Minnesota Statutes, section 145A.16, 
 24.36  subdivision 3, clauses (2) through 
 24.37  (6).  Training, evaluation and 
 24.38  technical assistance shall be provided 
 24.39  in accordance with Minnesota Statutes, 
 24.40  section 145A.16, subdivisions 5 to 7.  
 24.41  For fiscal years 2002 and 2003 the 
 24.42  commissioner of finance shall ensure 
 24.43  that the base level funding for this 
 24.44  activity is $7,000,000 each year. 
 24.45  (4) Of the amounts in clause (1), 
 24.46  $250,000 in fiscal year 2001 is 
 24.47  appropriated to the commissioner to 
 24.48  contract with the board of trustees of 
 24.49  the Minnesota state colleges and 
 24.50  universities to provide tuition waivers 
 24.51  to employees of health care and human 
 24.52  services providers located in the state 
 24.53  that are members of qualifying 
 24.54  consortia operating under Minnesota 
 24.55  Statutes, sections 116L.10 to 116L.15.  
 24.56  This is a one-time appropriation. 
 24.57  (5) Of the amounts in clause (1), 
 24.58  $320,000 in fiscal year 2001 is for 
 24.59  training job counselors about the MFIP 
 24.60  program.  For fiscal years 2002 and 
 24.61  2003 the commissioner of finance shall 
 24.62  ensure that the base level funding for 
 24.63  employment services includes $320,000 
 24.64  each year for this activity.  The 
 24.65  appropriations in this clause shall not 
 24.66  become part of the base for the 
 25.1   2004-2005 biennium. 
 25.2   (6) Of the amounts in clause (1), 
 25.3   $1,000,000 in fiscal year 2001 is for 
 25.4   out-of-wedlock pregnancy prevention 
 25.5   funds to serve children in 
 25.6   TANF-eligible families under Minnesota 
 25.7   Statutes, section 256K.35. For fiscal 
 25.8   years 2002 and 2003 the commissioner of 
 25.9   finance shall ensure that the base 
 25.10  level funding for this program is 
 25.11  $1,000,000 each year.  The 
 25.12  appropriations in this clause shall not 
 25.13  become part of the base for the 
 25.14  2004-2005 biennium. 
 25.15  (7) Of the amounts in clause (1), 
 25.16  $1,000,000 in fiscal year 2001 is to 
 25.17  provide services to TANF-eligible 
 25.18  families who are participating in the 
 25.19  supportive housing and managed care 
 25.20  pilot project under Minnesota Statutes, 
 25.21  section 256K.25.  For fiscal years 2002 
 25.22  and 2003 the commissioner of finance 
 25.23  shall ensure that the base level 
 25.24  funding for this project is $1,000,000 
 25.25  each year.  The appropriations in this 
 25.26  clause shall not become part of the 
 25.27  base for this project for the 2004-2005 
 25.28  biennium. 
 25.29  [TANF TRANSFER TO CHILD CARE BLOCK 
 25.30  GRANT.] $651,000 in fiscal year 2001 is 
 25.31  transferred from the state's federal 
 25.32  TANF block grant to the state's federal 
 25.33  child care development fund block 
 25.34  grant, and is appropriated to the 
 25.35  commissioner of children, families, and 
 25.36  learning for the purposes of Minnesota 
 25.37  Statutes, section 119B.05. 
 25.38  [TANF TRANSFER TO SOCIAL SERVICES.] 
 25.39  $7,500,000 is transferred from the 
 25.40  state's federal TANF block grant is 
 25.41  appropriated to the commissioner of 
 25.42  human services for transfer to the 
 25.43  state's federal Title XX block grant in 
 25.44  fiscal year 2001 and in fiscal year 
 25.45  2002, for purposes of increasing 
 25.46  services for families with children 
 25.47  whose incomes are at or below 200 
 25.48  percent of the federal poverty 
 25.49  guidelines.  Notwithstanding section 6, 
 25.50  this paragraph expires June 30, 2002. 
 25.51  [TANF MOE.] (a) In order to meet the 
 25.52  basic maintenance of effort (MOE) 
 25.53  requirements of the TANF block grant 
 25.54  specified under United States Code, 
 25.55  title 42, section 609(a)(7), the 
 25.56  commissioner may only report nonfederal 
 25.57  money expended for allowable activities 
 25.58  listed in the following clauses as TANF 
 25.59  MOE expenditures: 
 25.60  (1) MFIP cash and food assistance 
 25.61  benefits under Minnesota Statutes, 
 25.62  chapter 256J; 
 25.63  (2) the child care assistance programs 
 25.64  under Minnesota Statutes, sections 
 26.1   119B.03 and 119B.05, and county child 
 26.2   care administrative costs under 
 26.3   Minnesota Statutes, section 119B.15; 
 26.4   (3) state and county MFIP 
 26.5   administrative costs under Minnesota 
 26.6   Statutes, chapters 256J and 256K; 
 26.7   (4) state, county, and tribal MFIP 
 26.8   employment services under Minnesota 
 26.9   Statutes, chapters 256J and 256K; and 
 26.10  (5) expenditures made on behalf of 
 26.11  noncitizen MFIP recipients who qualify 
 26.12  for the medical assistance without 
 26.13  federal financial participation program 
 26.14  under Minnesota Statutes, section 
 26.15  256B.06, subdivision 4, paragraphs (d), 
 26.16  (e), and (j). 
 26.17  (b) The commissioner shall ensure that 
 26.18  sufficient qualified nonfederal 
 26.19  expenditures are made each year to meet 
 26.20  the state's TANF MOE requirements.  For 
 26.21  the activities listed in paragraph (a), 
 26.22  clauses (2) to (6), the commissioner 
 26.23  may only report expenditures that are 
 26.24  excluded from the definition of 
 26.25  assistance under Code of Federal 
 26.26  Regulations, title 45, section 260.31.  
 26.27  If nonfederal expenditures for the 
 26.28  programs and purposes listed in 
 26.29  paragraph (a) are insufficient to meet 
 26.30  the state's TANF MOE requirements, the 
 26.31  commissioner shall recommend additional 
 26.32  allowable sources of nonfederal 
 26.33  expenditures to the legislature, if the 
 26.34  legislature is or will be in session to 
 26.35  take action to specify additional 
 26.36  sources of nonfederal expenditures for 
 26.37  TANF MOE before a federal penalty is 
 26.38  imposed.  The commissioner shall 
 26.39  otherwise provide notice to the 
 26.40  legislative commission on planning and 
 26.41  fiscal policy under paragraph (d). 
 26.42  (c) If the commissioner uses authority 
 26.43  granted under Laws 1999, chapter 245, 
 26.44  article 1, section 10, or similar 
 26.45  authority granted by a subsequent 
 26.46  legislature, to meet the state's TANF 
 26.47  MOE requirements in a reporting period, 
 26.48  the commissioner shall inform the 
 26.49  chairs of the appropriate legislative 
 26.50  committees about all transfers made 
 26.51  under that authority for this purpose. 
 26.52  (d) If the commissioner determines that 
 26.53  nonfederal expenditures for the 
 26.54  programs under Minnesota Statutes, 
 26.55  section 256J.025, are insufficient to 
 26.56  meet TANF MOE expenditure requirements, 
 26.57  and if the legislature is not or will 
 26.58  not be in session to take timely action 
 26.59  to avoid a federal penalty, the 
 26.60  commissioner may report nonfederal 
 26.61  expenditures from other allowable 
 26.62  sources as TANF MOE expenditures after 
 26.63  the requirements of this paragraph are 
 26.64  met. 
 27.1   The commissioner may report nonfederal 
 27.2   expenditures in addition to those 
 27.3   specified under paragraph (a) as 
 27.4   nonfederal TANF MOE expenditures, but 
 27.5   only ten days after the commissioner of 
 27.6   finance has first submitted the 
 27.7   commissioner's recommendations for 
 27.8   additional allowable sources of 
 27.9   nonfederal TANF MOE expenditures to the 
 27.10  members of the legislative commission 
 27.11  on planning and fiscal policy for their 
 27.12  review. 
 27.13  (e) The commissioner of finance shall 
 27.14  not incorporate any changes in federal 
 27.15  TANF expenditures or nonfederal 
 27.16  expenditures for TANF MOE that may 
 27.17  result from reporting additional 
 27.18  allowable sources of nonfederal TANF 
 27.19  MOE expenditures under the interim 
 27.20  procedures in paragraph (d) into the 
 27.21  February or November forecasts required 
 27.22  under Minnesota Statutes, section 
 27.23  16A.103, unless the commissioner of 
 27.24  finance has approved the additional 
 27.25  sources of expenditures under paragraph 
 27.26  (d). 
 27.27  (f) The provisions of paragraphs (a) to 
 27.28  (e) supersede any contrary provisions 
 27.29  in Laws 1999, chapter 245, article 1, 
 27.30  section 2, subdivision 10. 
 27.31  (g) The provisions of Minnesota 
 27.32  Statutes, section 256.011, subdivision 
 27.33  3, which require that federal grants or 
 27.34  aids secured or obtained under that 
 27.35  subdivision be used to reduce any 
 27.36  direct appropriations provided by law 
 27.37  do not apply if the grants or aids are 
 27.38  federal TANF funds. 
 27.39  (h) Notwithstanding section 6 of this 
 27.40  article, paragraphs (a) to (g) expire 
 27.41  June 30, 2003. 
 27.42  (i) Paragraphs (a) to (h) are effective 
 27.43  the day following final enactment. 
 27.44  (a) Assistance to Families Grants
 27.45       9,628,000     (2,305,000)                
 27.46  (b) Work Grants
 27.47          -0-          (250,000)
 27.48  (c) AFDC and Other Assistance
 27.49      20,000,000     30,734,000 
 27.50  [TRANSFERS TO MINNESOTA HOUSING FINANCE 
 27.51  AGENCY.] (a) By June 30, 2001, the 
 27.52  commissioner shall transfer $50,000,000 
 27.53  of the general funds appropriated under 
 27.54  this paragraph to the Minnesota housing 
 27.55  finance agency for transfer to the 
 27.56  housing development fund.  The program 
 27.57  funded by this transfer shall be known 
 27.58  as the "Bruce F. Vento Year 2000 
 27.59  Affordable Housing Program." Up to 
 28.1   $15,000,000 $20,000,000 may be 
 28.2   transferred in fiscal year 2000. 
 28.3   (b) Of the funds transferred in 
 28.4   paragraph (a), $5,000,000 in fiscal 
 28.5   year 2001 and $15,000,000 in fiscal 
 28.6   year 2002 is for a loan to Habitat for 
 28.7   Humanity of Minnesota, Inc.  The loan 
 28.8   shall be an interest-free deferred 
 28.9   loan.  The loan shall become due and 
 28.10  payable in the event and to the extent 
 28.11  that Habitat for Humanity of Minnesota, 
 28.12  Inc. does not invest repayments and 
 28.13  prepayment of mortgage loans financed 
 28.14  with this appropriation in new 
 28.15  mortgages for additional homebuyers 
 28.16  through Habitat for Humanity of 
 28.17  Minnesota, Inc.  To the extent 
 28.18  practicable, funding must be allocated 
 28.19  to Habitat for Humanity chapters on the 
 28.20  basis of the number of MFIP households 
 28.21  residing within a chapter's service 
 28.22  area compared to the statewide total of 
 28.23  MFIP households and on the basis of a 
 28.24  chapter's capacity. 
 28.25  (c) Of the funds transferred in 
 28.26  paragraph (a), $15,000,000 in fiscal 
 28.27  year 2001 and $15,000,000 in fiscal 
 28.28  year 2002 is for the affordable rental 
 28.29  investment fund program under Minnesota 
 28.30  Statutes, section 462A.21, subdivision 
 28.31  8b.  To the extent practicable, the 
 28.32  number of units financed with the 
 28.33  appropriation under this paragraph 
 28.34  within a city, county, or region shall 
 28.35  reflect the number of MFIP households 
 28.36  residing within the city, county, or 
 28.37  region compared to the statewide total 
 28.38  of MFIP households.  This appropriation 
 28.39  must be used to finance rental housing 
 28.40  units that serve families: 
 28.41  (1) receiving MFIP benefits under 
 28.42  Minnesota Statutes, section 256J.01, or 
 28.43  its successor program; and 
 28.44  (2) who have lost eligibility for MFIP 
 28.45  due to increased income from employment 
 28.46  or due to the collection of child or 
 28.47  spousal support under part D of title 
 28.48  IV of the Social Security Act. 
 28.49  Units produced with this appropriation 
 28.50  must remain affordable for a 30-year 
 28.51  period. 
 28.52  In order to coordinate the availability 
 28.53  of housing developed with the 
 28.54  appropriation under this paragraph with 
 28.55  MFIP families in need of affordable 
 28.56  housing, the commissioner of the 
 28.57  Minnesota housing finance agency, with 
 28.58  the assistance of the commissioner of 
 28.59  human services, shall establish 
 28.60  cooperative relationships with county 
 28.61  agencies as defined in Minnesota 
 28.62  Statutes, section 256J.08, local 
 28.63  employment and training service 
 28.64  providers as defined in Minnesota 
 28.65  Statutes, section 256J.49, local social 
 29.1   service agencies, or other 
 29.2   organizations that provide assistance 
 29.3   to MFIP households.  
 29.4   The commissioner of the Minnesota 
 29.5   housing finance agency shall develop 
 29.6   strategies to promote occupancy of the 
 29.7   units financed by the appropriation 
 29.8   under this paragraph by households most 
 29.9   in need of subsidized housing.  The 
 29.10  strategies shall include provisions 
 29.11  that encourage households to move into 
 29.12  homeownership or unsubsidized housing 
 29.13  as the household secures stable 
 29.14  employment and achieves 
 29.15  self-sufficiency.  The commissioner of 
 29.16  the Minnesota housing finance agency 
 29.17  shall consult with interested parties 
 29.18  in developing these strategies.  
 29.19  (d) The commissioner of the Minnesota 
 29.20  housing finance agency and the 
 29.21  commissioner of human services shall 
 29.22  jointly prepare and submit a report to 
 29.23  the governor and the legislature on the 
 29.24  results of the funding provided under 
 29.25  this section.  The report shall include:
 29.26  (1) information on the number of units 
 29.27  produced; 
 29.28  (2) the household size and income of 
 29.29  the occupants of the units at initial 
 29.30  occupancy; and 
 29.31  (3) to the extent the information is 
 29.32  available, measures related to the 
 29.33  occupants' attachment to the workforce 
 29.34  and public assistance usage, and number 
 29.35  of occupant moves. 
 29.36  The report must be submitted annually 
 29.37  beginning January 15, 2003. 
 29.38  (e) Section 6, sunset of uncodified 
 29.39  language, does not apply to paragraphs 
 29.40  (a) to (d).  Paragraphs (a) to (d) are 
 29.41  effective the day following final 
 29.42  enactment. 
 29.43  [WORKING FAMILY CREDIT.] (a) On a 
 29.44  regular basis, the commissioner of 
 29.45  revenue, with the assistance of the 
 29.46  commissioner of human services, shall 
 29.47  calculate the value of the refundable 
 29.48  portion of the Minnesota working family 
 29.49  credits provided under Minnesota 
 29.50  Statutes, section 290.0671, that 
 29.51  qualifies for federal reimbursement 
 29.52  from the temporary assistance to needy 
 29.53  families block grant.  The commissioner 
 29.54  of revenue shall provide the 
 29.55  commissioner of human services with 
 29.56  such expenditure records and 
 29.57  information as are necessary to support 
 29.58  draws of federal funds.  The 
 29.59  commissioner of human services shall 
 29.60  reimburse the commissioner of revenue 
 29.61  for the costs of providing the 
 29.62  information required by this paragraph. 
 30.1   (b) Federal TANF funds, as specified in 
 30.2   this paragraph, are appropriated to the 
 30.3   commissioner of human services based on 
 30.4   calculations under paragraph (a) of 
 30.5   working family tax credit expenditures 
 30.6   that qualify for reimbursement from the 
 30.7   TANF block grant for income tax refunds 
 30.8   payable in federal fiscal years 
 30.9   beginning October 1, 1999.  The draws 
 30.10  of federal TANF funds shall be made on 
 30.11  a regular basis based on calculations 
 30.12  of credit expenditures by the 
 30.13  commissioner of revenue.  Up to the 
 30.14  following amounts of federal TANF draws 
 30.15  are appropriated to the commissioner of 
 30.16  human services to deposit into the 
 30.17  general fund:  in fiscal year 2000, 
 30.18  $30,957,000 $20,000,000; and in fiscal 
 30.19  year 2001, $33,895,000 $40,449,000. 
 30.20  (d) General Assistance
 30.21          557,000    (3,134,000)
 30.22  (e) Minnesota Supplemental Aid
 30.23          324,000       323,000 
 30.24     Sec. 23.  [CORRECTION 14B.] Minnesota Statutes 1999 
 30.25  Supplement, section 256B.431, subdivision 28, as amended by Laws 
 30.26  2000, chapter 488, article 9, section 19, is amended to read: 
 30.27     Subd. 28.  [NURSING FACILITY RATE INCREASES BEGINNING JULY 
 30.28  1, 1999, AND JULY 1, 2000.] (a) For the rate years beginning 
 30.29  July 1, 1999, and July 1, 2000, the commissioner shall make 
 30.30  available to each nursing facility reimbursed under this section 
 30.31  or section 256B.434 an adjustment to the total operating payment 
 30.32  rate.  For nursing facilities reimbursed under this section or 
 30.33  section 256B.434, the July 1, 2000, operating payment rate 
 30.34  increases provided in this subdivision shall be applied to each 
 30.35  facility's June 30, 2000, operating payment rate.  For each 
 30.36  facility, total operating costs shall be separated into costs 
 30.37  that are compensation related and all other costs.  
 30.38  Compensation-related costs include salaries, payroll taxes, and 
 30.39  fringe benefits for all employees except management fees, the 
 30.40  administrator, and central office staff. 
 30.41     (b) For the rate year beginning July 1, 1999, the 
 30.42  commissioner shall make available a rate increase for 
 30.43  compensation-related costs of 4.843 percent and a rate increase 
 30.44  for all other operating costs of 3.446 percent. 
 30.45     (c) For the rate year beginning July 1, 2000, the 
 31.1   commissioner shall make available: 
 31.2      (1) a rate increase for compensation-related costs of 3.632 
 31.3   percent; 
 31.4      (2) an additional rate increase for each case mix payment 
 31.5   rate which must be used to increase the per-hour pay rate of all 
 31.6   employees except management fees, the administrator, and central 
 31.7   office staff by an equal dollar amount and to pay associated 
 31.8   costs for FICA, the Medicare tax, workers' compensation 
 31.9   premiums, and federal and state unemployment insurance, to be 
 31.10  calculated according to clauses (i) to (iii): 
 31.11     (i) the commissioner shall calculate the arithmetic mean of 
 31.12  the eleven June 30, 2000, operating rates for each facility; 
 31.13     (ii) the commissioner shall construct an array of nursing 
 31.14  facilities from highest to lowest, according to the arithmetic 
 31.15  mean calculated in clause (i).  A numerical rank shall be 
 31.16  assigned to each facility in the array.  The facility with the 
 31.17  highest mean shall be assigned a numerical rank of one.  The 
 31.18  facility with the lowest mean shall be assigned a numerical rank 
 31.19  equal to the total number of nursing facilities in the array.  
 31.20  All other facilities shall be assigned a numerical rank in 
 31.21  accordance with their position in the array; 
 31.22     (iii) the amount of the additional rate increase shall be 
 31.23  $1 plus an amount equal to $3.13 multiplied by the ratio of the 
 31.24  facility's numeric rank divided by the number of facilities in 
 31.25  the array; and 
 31.26     (3) a rate increase for all other operating costs of 2.585 
 31.27  percent.  
 31.28     Money received by a facility as a result of the additional 
 31.29  rate increase provided under clause (2) shall be used only for 
 31.30  wage increases implemented on or after July 1, 2000, and shall 
 31.31  not be used for wage increases implemented prior to that date. 
 31.32     (d) The payment rate adjustment for each nursing facility 
 31.33  must be determined under clause (1) or (2): 
 31.34     (1) for each nursing facility that reports salaries for 
 31.35  registered nurses, licensed practical nurses, aides, orderlies, 
 31.36  and attendants separately, the commissioner shall determine the 
 32.1   payment rate adjustment using the categories specified in 
 32.2   paragraph (a) multiplied by the rate increases specified in 
 32.3   paragraph (b) or (c), and then dividing the resulting amount by 
 32.4   the nursing facility's actual resident days.  In determining the 
 32.5   amount of a payment rate adjustment for a nursing facility 
 32.6   reimbursed under section 256B.434, the commissioner shall 
 32.7   determine the proportions of the facility's rates that are 
 32.8   compensation-related costs and all other operating costs based 
 32.9   on the facility's most recent cost report; and 
 32.10     (2) for each nursing facility that does not report salaries 
 32.11  for registered nurses, licensed practical nurses, aides, 
 32.12  orderlies, and attendants separately, the payment rate 
 32.13  adjustment shall be computed using the facility's total 
 32.14  operating costs, separated into the categories specified in 
 32.15  paragraph (a) in proportion to the weighted average of all 
 32.16  facilities determined under clause (1), multiplied by the rate 
 32.17  increases specified in paragraph (b) or (c), and then dividing 
 32.18  the resulting amount by the nursing facility's actual resident 
 32.19  days. 
 32.20     (e) A nursing facility may apply for the 
 32.21  compensation-related payment rate adjustment calculated under 
 32.22  this subdivision.  The application must be made to the 
 32.23  commissioner and contain a plan by which the nursing facility 
 32.24  will distribute the compensation-related portion of the payment 
 32.25  rate adjustment to employees of the nursing facility.  For 
 32.26  nursing facilities in which the employees are represented by an 
 32.27  exclusive bargaining representative, an agreement negotiated and 
 32.28  agreed to by the employer and the exclusive bargaining 
 32.29  representative constitutes the plan.  For the second rate year, 
 32.30  a negotiated agreement constitutes the plan only if the 
 32.31  agreement is finalized after the date of enactment of all rate 
 32.32  increases for the second rate year.  The commissioner shall 
 32.33  review the plan to ensure that the payment rate adjustment per 
 32.34  diem is used as provided in paragraphs (a) to (c).  To be 
 32.35  eligible, a facility must submit its plan for the compensation 
 32.36  distribution by December 31 each year.  A facility may amend its 
 33.1   plan for the second rate year by submitting a revised plan by 
 33.2   December 31, 2000.  If a facility's plan for compensation 
 33.3   distribution is effective for its employees after July 1 of the 
 33.4   year that the funds are available, the payment rate adjustment 
 33.5   per diem shall be effective the same date as its plan. 
 33.6      (f) A copy of the approved distribution plan must be made 
 33.7   available to all employees.  This must be done by giving each 
 33.8   employee a copy or by posting it in an area of the nursing 
 33.9   facility to which all employees have access.  If an employee 
 33.10  does not receive the compensation adjustment described in their 
 33.11  facility's approved plan and is unable to resolve the problem 
 33.12  with the facility's management or through the employee's union 
 33.13  representative, the employee may contact the commissioner at an 
 33.14  address or phone number provided by the commissioner and 
 33.15  included in the approved plan.  
 33.16     (g) If the reimbursement system under section 256B.435 is 
 33.17  not implemented until July 1, 2001, the salary adjustment per 
 33.18  diem authorized in subdivision 2i, paragraph (c), shall continue 
 33.19  until June 30, 2001.  
 33.20     (h) For the rate year beginning July 1, 1999, the following 
 33.21  nursing facilities shall be allowed a rate increase equal to 67 
 33.22  percent of the rate increase that would be allowed if 
 33.23  subdivision 26, paragraph (a), was not applied: 
 33.24     (1) a nursing facility in Carver county licensed for 33 
 33.25  nursing home beds and four boarding care beds; 
 33.26     (2) a nursing facility in Faribault county licensed for 159 
 33.27  nursing home beds on September 30, 1998; and 
 33.28     (3) a nursing facility in Houston county licensed for 68 
 33.29  nursing home beds on September 30, 1998. 
 33.30     (i) For the rate year beginning July 1, 1999, the following 
 33.31  nursing facilities shall be allowed a rate increase equal to 67 
 33.32  percent of the rate increase that would be allowed if 
 33.33  subdivision 26, paragraphs (a) and (b), were not applied: 
 33.34     (1) a nursing facility in Chisago county licensed for 135 
 33.35  nursing home beds on September 30, 1998; and 
 33.36     (2) a nursing facility in Murray county licensed for 62 
 34.1   nursing home beds on September 30, 1998. 
 34.2      (j) For the rate year beginning July 1, 1999, a nursing 
 34.3   facility in Hennepin county licensed for 134 beds on September 
 34.4   30, 1998, shall: 
 34.5      (1) have the prior year's allowable care-related per diem 
 34.6   increased by $3.93 and the prior year's other operating cost per 
 34.7   diem increased by $1.69 before adding the inflation in 
 34.8   subdivision 26, paragraph (d), clause (2); and 
 34.9      (2) be allowed a rate increase equal to 67 percent of the 
 34.10  rate increase that would be allowed if subdivision 26, 
 34.11  paragraphs (a) and (b), were not applied. 
 34.12     The increases provided in paragraphs (h), (i), and (j) 
 34.13  shall be included in the facility's total payment rates for the 
 34.14  purposes of determining future rates under this section or any 
 34.15  other section. 
 34.16     Sec. 24.  [CORRECTION 14C.] Minnesota Statutes 1998, 
 34.17  section 256B.501, subdivision 13, as added by Laws 2000, chapter 
 34.18  488, article 9, section 23, is amended to read: 
 34.19     Subd. 13.  [ICF/MR RATE INCREASES BEGINNING OCTOBER 1, 
 34.20  1999, AND OCTOBER 1, 2000.] (a) For the rate years beginning 
 34.21  October 1, 1999, and October 1, 2000, the commissioner shall 
 34.22  make available to each facility reimbursed under this section, 
 34.23  section 256B.5011, and Laws 1993, First Special Session chapter 
 34.24  1, article 4, section 11, an adjustment to the total operating 
 34.25  payment rate.  For each facility, total operating costs shall be 
 34.26  separated into costs that are compensation related and all other 
 34.27  costs.  "Compensation-related costs" means the facility's 
 34.28  allowable program operating cost category employee training 
 34.29  expenses and the facility's allowable salaries, payroll taxes, 
 34.30  and fringe benefits.  The term does not include these same 
 34.31  salary-related costs for both administrative or central office 
 34.32  employees. 
 34.33     For the purpose of determining the adjustment to be granted 
 34.34  under this subdivision, the commissioner must use the most 
 34.35  recent cost report that has been subject to desk audit. 
 34.36     (b) For the rate year beginning October 1, 1999, the 
 35.1   commissioner shall make available a rate increase for 
 35.2   compensation-related costs of 4.6 percent and a rate increase 
 35.3   for all other operating costs of 3.2 percent. 
 35.4      (c) For the rate year beginning October 1, 2000, the 
 35.5   commissioner shall make available: 
 35.6      (1) a rate increase for compensation related costs of 6.5 
 35.7   6.6 percent, 45 percent of which shall be used to increase the 
 35.8   per-hour pay rate of all employees except administrative and 
 35.9   central office employees by an equal dollar amount and to pay 
 35.10  associated costs for FICA, the Medicare tax, workers' 
 35.11  compensation premiums, and federal and state unemployment 
 35.12  insurance provided that this portion of the compensation-related 
 35.13  increase shall be used only for wage increases implemented on or 
 35.14  after October 1, 2000, and shall not be used for wage increases 
 35.15  implemented prior to that date; and 
 35.16     (2) a rate increase for all other operating costs of two 
 35.17  percent. 
 35.18     (d) For each facility, the commissioner shall determine the 
 35.19  payment rate adjustment using the categories specified in 
 35.20  paragraph (a) multiplied by the rate increases specified in 
 35.21  paragraph (b) or (c), and then dividing the resulting amount by 
 35.22  the facility's actual resident days.  
 35.23     (e) Any facility whose payment rates are governed by 
 35.24  closure agreements, receivership agreements, or Minnesota Rules, 
 35.25  part 9553.0075, are not eligible for an adjustment otherwise 
 35.26  granted under this subdivision.  
 35.27     (f) A facility may apply for the compensation-related 
 35.28  payment rate adjustment calculated under this subdivision.  The 
 35.29  application must be made to the commissioner and contain a plan 
 35.30  by which the facility will distribute the compensation-related 
 35.31  portion of the payment rate adjustment to employees of the 
 35.32  facility.  For facilities in which the employees are represented 
 35.33  by an exclusive bargaining representative, an agreement 
 35.34  negotiated and agreed to by the employer and the exclusive 
 35.35  bargaining representative constitutes the plan.  For the second 
 35.36  rate year, a negotiated agreement may constitute the plan only 
 36.1   if the agreement is finalized after the date of enactment of all 
 36.2   rate increases for the second rate year.  The commissioner shall 
 36.3   review the plan to ensure that the payment rate adjustment per 
 36.4   diem is used as provided in this subdivision.  To be eligible, a 
 36.5   facility must submit its plan for the compensation distribution 
 36.6   by December 31 each year.  A facility may amend its plan for the 
 36.7   second rate year by submitting a revised plan by December 31, 
 36.8   2000.  If a facility's plan for compensation distribution is 
 36.9   effective for its employees after October 1 of the year that the 
 36.10  funds are available, the payment rate adjustment per diem shall 
 36.11  be effective the same date as its plan. 
 36.12     (g) A copy of the approved distribution plan must be made 
 36.13  available to all employees.  This must be done by giving each 
 36.14  employee a copy or by posting it in an area of the facility to 
 36.15  which all employees have access.  If an employee does not 
 36.16  receive the compensation adjustment described in their 
 36.17  facility's approved plan and is unable to resolve the problem 
 36.18  with the facility's management or through the employee's union 
 36.19  representative, the employee may contact the commissioner at an 
 36.20  address or telephone number provided by the commissioner and 
 36.21  included in the approved plan.  
 36.22     Sec. 25.  [CORRECTION 14D.] Laws 1999, chapter 245, article 
 36.23  1, section 2, subdivision 8, as amended by Laws 2000, chapter 
 36.24  488, article 9, section 29, is amended to read: 
 36.25  Subd. 8.  Continuing Care and 
 36.26  Community Support Grants
 36.27  General           1,174,195,000 1,259,767,000
 36.28  Lottery Prize         1,158,000     1,158,000
 36.29  The amounts that may be spent from this 
 36.30  appropriation for each purpose are as 
 36.31  follows: 
 36.32  (a) Community Social Services
 36.33  Block Grants
 36.34      42,597,000     43,498,000 
 36.35  [CSSA TRADITIONAL APPROPRIATION.] 
 36.36  Notwithstanding Minnesota Statutes, 
 36.37  section 256E.06, subdivisions 1 and 2, 
 36.38  the appropriations available under that 
 36.39  section in fiscal years 2000 and 2001 
 36.40  must be distributed to each county 
 36.41  proportionately to the aid received by 
 37.1   the county in calendar year 1998.  The 
 37.2   commissioner, in consultation with 
 37.3   counties, shall study the formula 
 37.4   limitations in subdivision 2 of that 
 37.5   section, and report findings and any 
 37.6   recommendations for revision of the 
 37.7   CSSA formula and its formula limitation 
 37.8   provisions to the legislature by 
 37.9   January 15, 2000. 
 37.10  (b) Consumer Support Grants
 37.11       1,123,000      1,123,000 
 37.12  (c) Aging Adult Service Grants
 37.13       7,965,000      7,765,000 
 37.14  [LIVING-AT-HOME/BLOCK NURSE PROGRAM.] 
 37.15  Of the general fund appropriation, 
 37.16  $120,000 in fiscal year 2000 and 
 37.17  $120,000 in fiscal year 2001 is for the 
 37.18  commissioner to provide funding to six 
 37.19  additional living-at-home/block nurse 
 37.20  programs.  This appropriation shall 
 37.21  become part of the base for the 
 37.22  2002-2003 biennium. 
 37.23  [MINNESOTA SENIOR SERVICE CORPS.] Of 
 37.24  this appropriation, $160,000 for the 
 37.25  biennium is from the general fund to 
 37.26  the commissioner for the following 
 37.27  purposes: 
 37.28  (a) $40,000 in fiscal year 2000 and 
 37.29  $40,000 in fiscal year 2001 is to 
 37.30  increase the hourly stipend by ten 
 37.31  cents per hour in the foster 
 37.32  grandparent program, the retired and 
 37.33  senior volunteer program, and the 
 37.34  senior companion program. 
 37.35  (b) $40,000 in fiscal year 2000 and 
 37.36  $40,000 in fiscal year 2001 is for a 
 37.37  grant to the tri-valley opportunity 
 37.38  council in Crookston to expand services 
 37.39  in the ten-county area of northwestern 
 37.40  Minnesota. 
 37.41  (c) This appropriation shall become 
 37.42  part of the base for the 2002-2003 
 37.43  biennium.
 37.44  [HEALTH INSURANCE COUNSELING.] Of this 
 37.45  appropriation, $100,000 in fiscal year 
 37.46  2000 and $100,000 in fiscal year 2001 
 37.47  is from the general fund to the 
 37.48  commissioner to transfer to the board 
 37.49  on aging for the purpose of awarding 
 37.50  health insurance counseling and 
 37.51  assistance grants to the area agencies 
 37.52  on aging providing state-funded health 
 37.53  insurance counseling services.  Access 
 37.54  to health insurance counseling programs 
 37.55  shall be provided by the senior linkage 
 37.56  line service of the board on aging and 
 37.57  the area agencies on aging. The board 
 37.58  on aging shall explore opportunities 
 37.59  for obtaining alternative funding from 
 37.60  nonstate sources, including 
 37.61  contributions from individuals seeking 
 38.1   health insurance counseling services.  
 38.2   This is a one-time appropriation and 
 38.3   shall not become part of base level 
 38.4   funding for this activity for the 
 38.5   2002-2003 biennium. 
 38.6   (d) Deaf and Hard-of-Hearing 
 38.7   Services Grants
 38.8        1,859,000      1,760,000 
 38.9   [SERVICES TO DEAF PERSONS WITH MENTAL 
 38.10  ILLNESS.] Of this appropriation, 
 38.11  $100,000 each year is to the 
 38.12  commissioner for a grant to a nonprofit 
 38.13  agency that currently serves deaf and 
 38.14  hard-of-hearing adults with mental 
 38.15  illness through residential programs 
 38.16  and supported housing outreach.  The 
 38.17  grant must be used to operate a 
 38.18  community support program for persons 
 38.19  with mental illness that is 
 38.20  communicatively accessible for persons 
 38.21  who are deaf or hard-of-hearing.  This 
 38.22  is a one-time appropriation and shall 
 38.23  not become part of base level funding 
 38.24  for this activity for the 2002-2003 
 38.25  biennium. 
 38.26  [DEAF-BLIND ORIENTATION AND MOBILITY 
 38.27  SERVICES.] Of this appropriation, 
 38.28  $120,000 for the biennium is to the 
 38.29  commissioner for a grant to DeafBlind 
 38.30  Services Minnesota to hire an 
 38.31  orientation, mobility, and deaf-blind 
 38.32  specialist to work with deaf-blind 
 38.33  people and for related costs.  The 
 38.34  specialist will provide services to 
 38.35  deaf-blind Minnesotans, and training to 
 38.36  teachers and rehabilitation counselors, 
 38.37  on a statewide basis.  This 
 38.38  appropriation shall become part of base 
 38.39  level funding for this activity for the 
 38.40  2002-2003 biennium only and shall not 
 38.41  be part of the base for the 2004-2005 
 38.42  biennium.  Notwithstanding section 13, 
 38.43  this paragraph expires on June 30, 2003.
 38.44  (e) Mental Health Grants
 38.45  General          45,169,000     46,528,000 
 38.46  Lottery Prize     1,158,000      1,158,000 
 38.47  [CRISIS HOUSING.] Of the general fund 
 38.48  appropriation, $126,000 in fiscal year 
 38.49  2000 and $150,000 in fiscal year 2001 
 38.50  is to the commissioner for the adult 
 38.51  mental illness crisis housing 
 38.52  assistance program under Minnesota 
 38.53  Statutes, section 245.99.  This 
 38.54  appropriation shall become part of the 
 38.55  base for the 2002-2003 biennium. 
 38.56  [ADOLESCENT COMPULSIVE GAMBLING GRANT.] 
 38.57  $150,000 in fiscal year 2000 and 
 38.58  $150,000 in fiscal year 2001 is 
 38.59  appropriated from the lottery prize 
 38.60  fund created under Minnesota Statutes, 
 38.61  section 349A.10, subdivision 2, to the 
 38.62  commissioner for the purposes of a 
 39.1   grant to a compulsive gambling council 
 39.2   located in St. Louis county for a 
 39.3   statewide compulsive gambling 
 39.4   prevention and education project for 
 39.5   adolescents. 
 39.6   (f) Developmental Disabilities
 39.7   Community Support Grants
 39.8      9,323,000     10,958,000 
 39.9   [CRISIS INTERVENTION PROJECT.] Of this 
 39.10  appropriation, $40,000 in fiscal year 
 39.11  2000 is to the commissioner for the 
 39.12  action, support, and prevention project 
 39.13  of southeastern Minnesota. 
 39.14  [SILS FUNDING.] Of this appropriation, 
 39.15  $1,000,000 each year is for 
 39.16  semi-independent living services under 
 39.17  Minnesota Statutes, section 252.275. 
 39.18  This appropriation must be added to the 
 39.19  base level funding for this activity 
 39.20  for the 2002-2003 biennium.  Unexpended 
 39.21  funds for fiscal year 2000 do not 
 39.22  cancel but are available to the 
 39.23  commissioner for this purpose in fiscal 
 39.24  year 2001. 
 39.25  [FAMILY SUPPORT GRANTS.] Of this 
 39.26  appropriation, $1,000,000 in fiscal 
 39.27  year 2000 and $2,500,000 in fiscal year 
 39.28  2001 is to increase the availability of 
 39.29  family support grants under Minnesota 
 39.30  Statutes, section 252.32.  This 
 39.31  appropriation must be added to the base 
 39.32  level funding for this activity for the 
 39.33  2002-2003 biennium.  Unexpended funds 
 39.34  for fiscal year 2000 do not cancel but 
 39.35  are available to the commissioner for 
 39.36  this purpose in fiscal year 2001. 
 39.37  (g) Medical Assistance Long-Term 
 39.38  Care Waivers and Home Care
 39.39     349,052,000    414,240,000 
 39.40  [PROVIDER RATE INCREASES.] (a) The 
 39.41  commissioner shall increase 
 39.42  reimbursement rates by four percent the 
 39.43  first year of the biennium and by 
 39.44  5.9 six percent the second year for the 
 39.45  providers listed in paragraph (b).  The 
 39.46  increases shall be effective for 
 39.47  services rendered on or after July 1 of 
 39.48  each year. 
 39.49  (b) The rate increases described in 
 39.50  this section shall be provided to home 
 39.51  and community-based waivered services 
 39.52  for persons with mental retardation or 
 39.53  related conditions under Minnesota 
 39.54  Statutes, section 256B.501; home and 
 39.55  community-based waivered services for 
 39.56  the elderly under Minnesota Statutes, 
 39.57  section 256B.0915; waivered services 
 39.58  under community alternatives for 
 39.59  disabled individuals under Minnesota 
 39.60  Statutes, section 256B.49; community 
 39.61  alternative care waivered services 
 39.62  under Minnesota Statutes, section 
 40.1   256B.49; traumatic brain injury 
 40.2   waivered services under Minnesota 
 40.3   Statutes, section 256B.49; nursing 
 40.4   services and home health services under 
 40.5   Minnesota Statutes, section 256B.0625, 
 40.6   subdivision 6a; personal care services 
 40.7   and nursing supervision of personal 
 40.8   care services under Minnesota Statutes, 
 40.9   section 256B.0625, subdivision 19a; 
 40.10  private-duty nursing services under 
 40.11  Minnesota Statutes, section 256B.0625, 
 40.12  subdivision 7; day training and 
 40.13  habilitation services for adults with 
 40.14  mental retardation or related 
 40.15  conditions under Minnesota Statutes, 
 40.16  sections 252.40 to 252.46; alternative 
 40.17  care services under Minnesota Statutes, 
 40.18  section 256B.0913; adult residential 
 40.19  program grants under Minnesota Rules, 
 40.20  parts 9535.2000 to 9535.3000; adult and 
 40.21  family community support grants under 
 40.22  Minnesota Rules, parts 9535.1700 to 
 40.23  9535.1760; semi-independent living 
 40.24  services under Minnesota Statutes, 
 40.25  section 252.275, including SILS funding 
 40.26  under county social services grants 
 40.27  formerly funded under Minnesota 
 40.28  Statutes, chapter 256I; and community 
 40.29  support services for deaf and 
 40.30  hard-of-hearing adults with mental 
 40.31  illness who use or wish to use sign 
 40.32  language as their primary means of 
 40.33  communication. 
 40.34  (c) The commissioner shall increase 
 40.35  reimbursement rates by two percent for 
 40.36  the group residential housing 
 40.37  supplementary service rate under 
 40.38  Minnesota Statutes, section 256I.05, 
 40.39  subdivision 1a, for services rendered 
 40.40  on or after January 1, 2000. 
 40.41  (d) Providers that receive a rate 
 40.42  increase under this section shall use 
 40.43  at least 80 percent of the additional 
 40.44  revenue the first year to increase the 
 40.45  compensation paid to employees other 
 40.46  than the administrator and central 
 40.47  office staff.  In the second year, 
 40.48  providers must use the additional 
 40.49  revenue as follows: 
 40.50  (1) at least 41 40 percent to increase 
 40.51  the compensation paid to employees 
 40.52  other than the administrator and 
 40.53  central office staff; 
 40.54  (2) at least 49 50 percent to increase 
 40.55  the per-hour pay rate of all employees 
 40.56  other than the administrator and 
 40.57  central office staff by an equal dollar 
 40.58  amount and to pay associated costs for 
 40.59  FICA, the Medicare tax, workers' 
 40.60  compensation premiums, and federal and 
 40.61  state unemployment insurance.  For 
 40.62  public employees, the portion of this 
 40.63  increase reserved to increase the 
 40.64  per-hour pay rate for certain staff by 
 40.65  an equal dollar amount shall be 
 40.66  available and pay rates shall be 
 40.67  increased only to the extent that they 
 41.1   comply with laws governing public 
 41.2   employees collective bargaining.  Money 
 41.3   received by a provider as a result of 
 41.4   the additional rate increase described 
 41.5   in this clause shall be used only for 
 41.6   wage increases implemented on or after 
 41.7   July 1, 2000, and shall not be used for 
 41.8   wage increases implemented prior to 
 41.9   that date; and 
 41.10  (3) up to ten percent for other 
 41.11  purposes. 
 41.12  (e) A copy of the provider's plan for 
 41.13  complying with paragraph (d) must be 
 41.14  made available to all employees.  This 
 41.15  must be done by giving each employee a 
 41.16  copy or by posting it in an area of the 
 41.17  provider's operation to which all 
 41.18  employees have access.  If an employee 
 41.19  does not receive the salary adjustment 
 41.20  described in the plan and is unable to 
 41.21  resolve the problem with the provider, 
 41.22  the employee may contact the employee's 
 41.23  union representative.  If the employee 
 41.24  is not covered by a collective 
 41.25  bargaining agreement, the employee may 
 41.26  contact the commissioner at a phone 
 41.27  number provided by the commissioner and 
 41.28  included in the provider's plan. 
 41.29  (f) Section 13, sunset of uncodified 
 41.30  language, does not apply to this 
 41.31  provision. 
 41.32  [DEVELOPMENTAL DISABILITIES WAIVER 
 41.33  SLOTS.] Of this appropriation, 
 41.34  $1,746,000 in fiscal year 2000 and 
 41.35  $4,683,000 in fiscal year 2001 is to 
 41.36  increase the availability of home and 
 41.37  community-based waiver services for 
 41.38  persons with mental retardation or 
 41.39  related conditions.  
 41.40  (h) Medical Assistance Long-Term
 41.41  Care Facilities
 41.42     546,228,000    558,349,000 
 41.43  [MORATORIUM EXCEPTIONS.] Of this 
 41.44  appropriation, $250,000 in fiscal year 
 41.45  2000 and $250,000 in fiscal year 2001 
 41.46  is from the general fund to the 
 41.47  commissioner for the medical assistance 
 41.48  costs of moratorium exceptions approved 
 41.49  by the commissioner of health under 
 41.50  Minnesota Statutes, section 144A.073.  
 41.51  Unexpended money appropriated for 
 41.52  fiscal year 2000 shall not cancel but 
 41.53  shall be available for fiscal year 2001.
 41.54  [NURSING FACILITY OPERATED BY THE RED 
 41.55  LAKE BAND OF CHIPPEWA INDIANS.] (1) The 
 41.56  medical assistance payment rates for 
 41.57  the 47-bed nursing facility operated by 
 41.58  the Red Lake Band of Chippewa Indians 
 41.59  must be calculated according to 
 41.60  allowable reimbursement costs under the 
 41.61  medical assistance program, as 
 41.62  specified in Minnesota Statutes, 
 41.63  section 246.50, and are subject to the 
 42.1   facility-specific Medicare upper limits.
 42.2   (2) In addition, the commissioner shall 
 42.3   make available an operating payment 
 42.4   rate adjustment effective July 1, 1999, 
 42.5   and July 1, 2000, that is equal to the 
 42.6   adjustment provided under Minnesota 
 42.7   Statutes, section 256B.431, subdivision 
 42.8   28.  The commissioner must use the 
 42.9   facility's final 1998 and 1999 Medicare 
 42.10  cost reports, respectively, to 
 42.11  calculate the adjustment.  The 
 42.12  adjustment shall be available based on 
 42.13  a plan submitted and approved according 
 42.14  to Minnesota Statutes, section 
 42.15  256B.431, subdivision 28.  Section 13, 
 42.16  sunset of uncodified language, does not 
 42.17  apply to this paragraph. 
 42.18  [COSTS RELATED TO FACILITY 
 42.19  CERTIFICATION.] Of this appropriation, 
 42.20  $168,000 is for the costs of providing 
 42.21  one-half the state share of medical 
 42.22  assistance reimbursement for 
 42.23  residential and day habilitation 
 42.24  services under article 3, section 39.  
 42.25  This amount is available the day 
 42.26  following final enactment. 
 42.27  (i) Alternative Care Grants  
 42.28  General              60,873,000    59,981,000
 42.29  [ALTERNATIVE CARE TRANSFER.] Any money 
 42.30  allocated to the alternative care 
 42.31  program that is not spent for the 
 42.32  purposes indicated does not cancel but 
 42.33  shall be transferred to the medical 
 42.34  assistance account. 
 42.35  [PREADMISSION SCREENING AMOUNT.] The 
 42.36  preadmission screening payment to all 
 42.37  counties shall continue at the payment 
 42.38  amount in effect for fiscal year 1999. 
 42.39  [ALTERNATIVE CARE APPROPRIATION.] The 
 42.40  commissioner may expend the money 
 42.41  appropriated for the alternative care 
 42.42  program for that purpose in either year 
 42.43  of the biennium. 
 42.44  (j) Group Residential Housing
 42.45  General              66,477,000    70,390,000
 42.46  [GROUP RESIDENTIAL FACILITY FOR WOMEN 
 42.47  IN RAMSEY COUNTY.] (a) Notwithstanding 
 42.48  Minnesota Statutes 1998, section 
 42.49  256I.05, subdivision 1d, the new 23-bed 
 42.50  group residential facility for women in 
 42.51  Ramsey county, with approval by the 
 42.52  county agency, may negotiate a 
 42.53  supplementary service rate in addition 
 42.54  to the board and lodging rate for 
 42.55  facilities licensed and registered by 
 42.56  the Minnesota department of health 
 42.57  under Minnesota Statutes, section 
 42.58  15.17.  The supplementary service rate 
 42.59  shall not exceed $564 per person per 
 42.60  month and the total rate may not exceed 
 42.61  $1,177 per person per month. 
 43.1   (b) Of the general fund appropriation, 
 43.2   $19,000 in fiscal year 2000 and $38,000 
 43.3   in fiscal year 2001 is to the 
 43.4   commissioner for the costs associated 
 43.5   with paragraph (a).  This appropriation 
 43.6   shall become part of the base for the 
 43.7   2002-2003 biennium. 
 43.8   (k) Chemical Dependency
 43.9   Entitlement Grants
 43.10  General              36,751,000    38,847,000
 43.11  (l) Chemical Dependency 
 43.12  Nonentitlement Grants
 43.13  General               6,778,000     6,328,000
 43.14  [CHEMICAL DEPENDENCY SERVICES.] Of this 
 43.15  appropriation, $450,000 in fiscal year 
 43.16  2000 is to the commissioner for 
 43.17  chemical dependency services to persons 
 43.18  who qualify under Minnesota Statutes, 
 43.19  section 254B.04, subdivision 1, 
 43.20  paragraph (b). 
 43.21     Sec. 26.  [CORRECTION 14E.] Laws 2000, chapter 488, article 
 43.22  10, section 37, is amended to read: 
 43.23     Sec. 37.  [INCONSISTENT AMENDMENTS.] 
 43.24     The amendments to Minnesota Statutes, section 256B.501, 
 43.25  subdivision 13, in section 10 23 prevail over the amendments to 
 43.26  that section in 2000 H.F. No. 3557, if enacted. 
 43.27     Sec. 27.  [CORRECTION 15.] Laws 2000, chapter 463, section 
 43.28  23, subdivision 2, is amended to read:  
 43.29     Subd. 2.  [GAME AND FISH FUND.] (a) $3,591,000 in fiscal 
 43.30  year 2001 is appropriated from the game and fish fund to the 
 43.31  commissioner of natural resources for fish and wildlife 
 43.32  management.  At least 87 percent of this appropriation must be 
 43.33  allocated for field operations. 
 43.34     (b) $825,000 in fiscal year 2001 is appropriated from the 
 43.35  game and fish fund is to the commissioner of natural resources 
 43.36  for enforcement of natural resources laws. 
 43.37     (c) $12,304,000 in fiscal year 2001 is appropriated from 
 43.38  the heritage enhancement account in the game and fish fund to 
 43.39  the commissioner of natural resources for game and fish projects 
 43.40  on public and private lands.  This is a one-time appropriation 
 43.41  and is from the revenue deposited to the game and fish fund 
 43.42  under Minnesota Statutes, section 297A.44, subdivision 1, 
 43.43  paragraph (e), clause (1), and is subject to the restrictions 
 44.1   contained in paragraph (e). 
 44.2      Sec. 28.  [CORRECTION 16.] Laws 2000, chapter 489, article 
 44.3   2, section 34, is amended to read:  
 44.4      Sec. 34.  [TRAINING AND EXPERIENCE REPLACEMENT REVENUE.] 
 44.5      (a) For fiscal year 2001 only, a school district's training 
 44.6   and experience replacement revenue equals the sum of the 
 44.7   following: 
 44.8      (1) the ratio of the amount of training and experience 
 44.9   revenue the district would have received for fiscal year 1999 
 44.10  calculated using the training and experience index in Minnesota 
 44.11  Statutes 1996, section 124A.04, to its resident pupil units for 
 44.12  that year, times the district's adjusted marginal cost pupil 
 44.13  units for fiscal year 2001, times .06 .056; plus 
 44.14     (2) the difference between .47 times the training and 
 44.15  experience revenue the district would have received for fiscal 
 44.16  year 1999, calculated using the training and experience index in 
 44.17  Minnesota Statutes 1996, section 124A.04, and the amount 
 44.18  calculated in Minnesota Statutes, section 126C.10, subdivision 
 44.19  5, for fiscal year 2001, but not less than zero. 
 44.20     (b) This revenue is paid entirely in fiscal year 2001. 
 44.21     Sec. 29.  [CORRECTION 16A.] Minnesota Statutes 1999 
 44.22  Supplement, section 123B.54, as amended by Laws 2000, chapter 
 44.23  489, article 5, section 4, is amended to read: 
 44.24     123B.54 [DEBT SERVICE APPROPRIATION.] 
 44.25     (a) $33,141,000 in fiscal year 2000, $29,400,000 in fiscal 
 44.26  year 2001, $26,934,000 in fiscal year 2002, 
 44.27  and $25,540,000 $24,540,000 in fiscal year 2003 and each year 
 44.28  thereafter is appropriated from the general fund to the 
 44.29  commissioner of children, families, and learning for payment of 
 44.30  debt service equalization aid under section 123B.53.  
 44.31     (b) The appropriations in paragraph (a) must be reduced by 
 44.32  the amount of any money specifically appropriated for the same 
 44.33  purpose in any year from any state fund. 
 44.34     Sec. 30.  [CORRECTION 16B.] Laws 1999, chapter 241, article 
 44.35  2, section 60, subdivision 14, as amended by Laws 2000, chapter 
 44.36  489, article 3, section 21, is amended to read: 
 45.1      Subd. 14.  [SPECIAL EDUCATION EXCESS COST AID.] For excess 
 45.2   cost aid: 
 45.3                    $66,032,000   .....     2000 
 45.4                    $89,072,000 $89,137,000  .....     2001 
 45.5      The 2000 appropriation includes $4,693,000 for 1999 and 
 45.6   $61,339,000 for 2000.  
 45.7      The 2001 appropriation includes $6,815,000 for 2000 
 45.8   and $82,257,000 $82,322,000 for 2001. 
 45.9      Sec. 31.  [CORRECTION 16C.] Laws 2000, chapter 489, article 
 45.10  5, section 28, subdivision 4, is amended to read: 
 45.11     Subd. 4.  [ONE-TIME DEFERRED MAINTENANCE AID.] For one-time 
 45.12  deferred maintenance aid: 
 45.13       $23,260,000 $23,360,000    .....     2001
 45.14     This is a one-time appropriation. 
 45.15     Sec. 32.  [CORRECTION 16D.] Minnesota Statutes 1999 
 45.16  Supplement, section 125A.76, subdivision 1, as amended by Laws 
 45.17  2000, chapter 489, article 3, section 11, is amended to read: 
 45.18     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 45.19  section, the definitions in this subdivision apply. 
 45.20     (a) "Base year" for fiscal year 1998 and later fiscal years 
 45.21  means the second fiscal year preceding the fiscal year for which 
 45.22  aid will be paid. 
 45.23     (b) "Basic revenue" has the meaning given it in section 
 45.24  126C.10, subdivision 2.  For the purposes of computing basic 
 45.25  revenue pursuant to this section, each child with a disability 
 45.26  shall be counted as prescribed in section 126C.05, subdivision 1.
 45.27     (c) "Essential personnel" means teachers, related services, 
 45.28  and support services staff providing direct services to students.
 45.29     (d) "Average daily membership" has the meaning given it in 
 45.30  section 126C.05. 
 45.31     (e) "Program growth factor" means 1.08 for fiscal year 
 45.32  2002, and 1.047 1.046 for fiscal year 2003 and later. 
 45.33     Sec. 33.  [CORRECTION 17.] Minnesota Statutes 1999 
 45.34  Supplement, section 245.4871, subdivision 4, as amended by Laws 
 45.35  2000, chapter 474, section 4, is amended to read: 
 45.36     Subd. 4.  [CASE MANAGEMENT SERVICE PROVIDER.] (a) "Case 
 46.1   management service provider" means a case manager or case 
 46.2   manager associate employed by the county or other entity 
 46.3   authorized by the county board to provide case management 
 46.4   services specified in subdivision 3 for the child with severe 
 46.5   emotional disturbance and the child's family.  
 46.6      (b) A case manager must: 
 46.7      (1) have experience and training in working with children; 
 46.8      (2) have at least a bachelor's degree in one of the 
 46.9   behavioral sciences or a related field including, but not 
 46.10  limited to, social work, psychology, or nursing from an 
 46.11  accredited college or university or meet the requirements of 
 46.12  paragraph (d); 
 46.13     (3) have experience and training in identifying and 
 46.14  assessing a wide range of children's needs; 
 46.15     (4) be knowledgeable about local community resources and 
 46.16  how to use those resources for the benefit of children and their 
 46.17  families; and 
 46.18     (5) meets the supervision and continuing education 
 46.19  requirements of paragraphs (e), (f), and (g), as applicable. 
 46.20     (c) A case manager may be a member of any professional 
 46.21  discipline that is part of the local system of care for children 
 46.22  established by the county board. 
 46.23     (d) A case manager without a bachelor's degree must meet 
 46.24  one of the requirements in clauses (1) to (3):  
 46.25     (1) have three or four years of experience as a case 
 46.26  manager associate; 
 46.27     (2) be a registered nurse without a bachelor's degree who 
 46.28  has a combination of specialized training in psychiatry and work 
 46.29  experience consisting of community interaction and involvement 
 46.30  or community discharge planning in a mental health setting 
 46.31  totaling three years; or 
 46.32     (3) be a person who qualified as a case manager under the 
 46.33  1998 department of human services waiver provision and meets the 
 46.34  continuing education, supervision, and mentoring requirements in 
 46.35  this section. 
 46.36     (e) A case manager with at least 2,000 hours of supervised 
 47.1   experience in the delivery of mental health services to children 
 47.2   must receive regular ongoing supervision and clinical 
 47.3   supervision totaling 38 hours per year, of which at least one 
 47.4   hour per month must be clinical supervision regarding individual 
 47.5   service delivery with a case management supervisor.  The other 
 47.6   26 hours of supervision may be provided by a case manager with 
 47.7   two years of experience.  Group supervision may not constitute 
 47.8   more than one-half of the required supervision hours. 
 47.9      (f) A case manager without 2,000 hours of supervised 
 47.10  experience in the delivery of mental health services to children 
 47.11  with emotional disturbance must: 
 47.12     (1) begin 40 hours of training approved by the commissioner 
 47.13  of human services in case management skills and in the 
 47.14  characteristics and needs of children with severe emotional 
 47.15  disturbance before beginning to provide case management 
 47.16  services; and 
 47.17     (2) receive clinical supervision regarding individual 
 47.18  service delivery from a mental health professional at least one 
 47.19  hour each week until the requirement of 2,000 hours of 
 47.20  experience is met. 
 47.21     (g) A case manager who is not licensed, registered, or 
 47.22  certified by a health-related licensing board must receive 30 
 47.23  hours of continuing education and training in severe emotional 
 47.24  disturbance and mental health services annually.  
 47.25     (h) Clinical supervision must be documented in the child's 
 47.26  record.  When the case manager is not a mental health 
 47.27  professional, the county board must provide or contract for 
 47.28  needed clinical supervision. 
 47.29     (i) The county board must ensure that the case manager has 
 47.30  the freedom to access and coordinate the services within the 
 47.31  local system of care that are needed by the child. 
 47.32     (j) A case manager associate (CMA) must: 
 47.33     (1) work under the direction of a case manager or case 
 47.34  management supervisor; 
 47.35     (2) be at least 21 years of age; 
 47.36     (3) have at least a high school diploma or its equivalent; 
 48.1   and 
 48.2      (4) meet one of the following criteria: 
 48.3      (i) have an associate of arts degree in one of the 
 48.4   behavioral sciences or human services; 
 48.5      (ii) be a registered nurse without a bachelor's degree; 
 48.6      (iii) have three years of life experience as a primary 
 48.7   caregiver to a child with serious emotional disturbance as 
 48.8   defined in section 245.4871, subdivision 6, within the previous 
 48.9   ten years; 
 48.10     (iv) have 6,000 hours work experience as a nondegreed state 
 48.11  hospital technician; or 
 48.12     (v) be a mental health practitioner as defined in section 
 48.13  245.462, subdivision 26, clause (2). 
 48.14     Individuals meeting one of the criteria in items (i) to 
 48.15  (iv) may qualify as a case manager after four years of 
 48.16  supervised work experience as a case manager associate.  
 48.17  Individuals meeting the criteria in item (v) may qualify as a 
 48.18  case manager after three years of supervised experience as a 
 48.19  case manager associate. 
 48.20     (k) Case manager associates must meet the following 
 48.21  supervision, mentoring, and continuing education requirements; 
 48.22     (1) have 40 hours of preservice training described under 
 48.23  paragraph (f), clause (1); 
 48.24     (2) receive at least 40 hours of continuing education in 
 48.25  severe emotional disturbance and mental health service annually; 
 48.26  and 
 48.27     (3) receive at least five hours of mentoring per week from 
 48.28  a case management mentor.  A "case management mentor" means a 
 48.29  qualified, practicing case manager or case management supervisor 
 48.30  who teaches or advises and provides intensive training and 
 48.31  clinical supervision to one or more case manager associates.  
 48.32  Mentoring may occur while providing direct services to consumers 
 48.33  in the office or in the field and may be provided to individuals 
 48.34  or groups of case manager associates.  At least two mentoring 
 48.35  hours per week must be individual and face-to-face. 
 48.36     (l) A case management supervisor must meet the criteria for 
 49.1   a mental health professional as specified in section 245.4871, 
 49.2   subdivision 27. 
 49.3      (m) An immigrant who does not have the qualifications 
 49.4   specified in this subdivision may provide case management 
 49.5   services to child immigrants with severe emotional disturbance 
 49.6   of the same ethnic group as the immigrant if the person:  
 49.7      (1) is currently enrolled in and is actively pursuing 
 49.8   credits toward the completion of a bachelor's degree in one of 
 49.9   the behavioral sciences or related fields at an accredited 
 49.10  college or university; 
 49.11     (2) completes 40 hours of training as specified in this 
 49.12  subdivision; and 
 49.13     (3) receives clinical supervision at least once a week 
 49.14  until the requirements of obtaining a bachelor's degree and 
 49.15  2,000 hours of supervised experience are met. 
 49.16     Sec. 34.  [CORRECTION 18.] 
 49.17     Laws 2000, chapter 492, article 1, section 7, subdivision 
 49.18  31, is repealed. 
 49.19     Sec. 35.  [CORRECTION 19.] Laws 2000, chapter 429, section 
 49.20  1, is amended to read: 
 49.21     Section 1.  [INCOME EXCLUSION OR DISREGARD.] 
 49.22     (a) The earned income that a temporary census employee for 
 49.23  the 2000 census receives from the United States Census Bureau is 
 49.24  excluded from income under Minnesota Statutes, sections 
 49.25  256B.056, subdivision 4 1a; 256D.03, subdivision 3; 256J.21, 
 49.26  subdivision 2; and 256L.01, subdivision 5, and disregarded as 
 49.27  income under Minnesota Statutes, sections 256D.06, subdivision 
 49.28  1; and 256D.435, subdivision 5. 
 49.29     (b) An income exclusion or disregard under paragraph (a) 
 49.30  applies to a person receiving benefits on or before March 1, 
 49.31  2000, under Minnesota Statutes, chapter 256B, 256J, or 256L, or 
 49.32  sections 256D.03, subdivision 3, 256D.06, or 256D.33 to 256D.54. 
 49.33     Sec. 36.  [CORRECTION 21.] Laws 2000, chapter 489, article 
 49.34  6, section 44, subdivision 1, is amended to read: 
 49.35     Subdivision 1.  [LABOR DAY START.] Notwithstanding 
 49.36  Minnesota Statutes, section 120A.40, paragraph (a), for the 
 50.1   2000-2001 school year only, a district must not begin the 
 50.2   elementary or secondary school year prior to Labor Day. 
 50.3      Sec. 37.  [CORRECTION 24.] Laws 2000, chapter 492, article 
 50.4   1, section 12, subdivision 10, is amended to read: 
 50.5   Subd. 10.  Capitol Building Predesign                   300,000
 50.6   To predesign the phased restoration of 
 50.7   remaining areas in the capitol building.
 50.8   The commissioner of administration 
 50.9   shall appoint a restoration advisory 
 50.10  committee, which must include any 
 50.11  members or employees of the senate 
 50.12  named by the chair of the committee on 
 50.13  rules and administration, and any 
 50.14  members or employees of the house named 
 50.15  by the speaker of the house, to advise 
 50.16  the commissioner on the expenditure of 
 50.17  this appropriation. 
 50.18     Sec. 38.  [CORRECTION 25.] [REPEALER.] 
 50.19     Laws 1999, chapter 241, article 1, section 64, is repealed 
 50.20  effective the day following final enactment. 
 50.21     Sec. 39.  [CORRECTION 26.] Laws 2000, chapter 488, article 
 50.22  8, section 2, subdivision 6, is amended to read: 
 50.23  Subd. 6.  Economic Support Grants
 50.24      30,509,000     25,368,000                 
 50.25  The amounts that may be spent from this 
 50.26  appropriation for each purpose are as 
 50.27  follows: 
 50.28  [ASSISTANCE TO FAMILIES GRANTS TANF 
 50.29  FORECAST ADJUSTMENT.] The federal 
 50.30  Temporary Assistance to Needy Families 
 50.31  (TANF) block grant fund appropriated to 
 50.32  the commissioner of human services in 
 50.33  Laws 1999, chapter 245, article 1, 
 50.34  section 2, subdivision 10, for MFIP 
 50.35  cash grants are reduced by $37,513,000 
 50.36  in fiscal year 2000 and $30,217,000 in 
 50.37  fiscal year 2001. 
 50.38  [FEDERAL TANF FUNDS.] (1) In addition 
 50.39  to the Federal Temporary Assistance for 
 50.40  Needy Families (TANF) block grant funds 
 50.41  appropriated to the commissioner of 
 50.42  human services in Laws 1999, chapter 
 50.43  245, article 1, section 2, subdivision 
 50.44  10, federal TANF funds are appropriated 
 50.45  to the commissioner in amounts up to 
 50.46  $20,000,000 in fiscal year 2000 and 
 50.47  $80,440,000 in fiscal year 2001.  In 
 50.48  addition to these funds, the 
 50.49  commissioner may draw or transfer any 
 50.50  other appropriations of federal TANF 
 50.51  funds or transfers of federal TANF 
 50.52  funds that are enacted into state law. 
 50.53  (2) Of the amounts in clause (1), 
 50.54  $19,680,000 in fiscal year 2001 is for 
 51.1   the local intervention grants program 
 51.2   under Minnesota Statutes, section 
 51.3   256J.625 and related grant programs and 
 51.4   shall be expended as follows: 
 51.5   (a) $500,000 in fiscal year 2001 is for 
 51.6   a grant to the Southeast Asian MFIP 
 51.7   services collaborative to replicate in 
 51.8   a second location an existing model of 
 51.9   an intensive intervention transitional 
 51.10  employment training project which 
 51.11  serves TANF-eligible recipients and 
 51.12  which moves refugee and immigrant 
 51.13  welfare recipients unto unsubsidized 
 51.14  employment and leads to economic 
 51.15  self-sufficiency.  This is a one-time 
 51.16  appropriation. 
 51.17  (b) $500,000 in fiscal year 2001 is for 
 51.18  nontraditional career assistance and 
 51.19  training programs under Minnesota 
 51.20  Statutes, section 256K.30, subdivision 
 51.21  4.  This is a one-time appropriation. 
 51.22  (c) $18,680,000 is for local 
 51.23  intervention grants for 
 51.24  self-sufficiency program under 
 51.25  Minnesota Statutes, section 256J.625.  
 51.26  For fiscal years 2002 and 2003 the 
 51.27  commissioner of finance shall ensure 
 51.28  that the base level funding for the 
 51.29  local intervention grants program is 
 51.30  $27,180,000 each year. 
 51.31  (3) Of the amounts in clause (2), 
 51.32  paragraph (c) for local intervention 
 51.33  grants, $7,000,000 in fiscal year 2001 
 51.34  shall be transferred to the 
 51.35  commissioner of health for distribution 
 51.36  to county boards according to the 
 51.37  formula in Minnesota Statutes, section 
 51.38  256J.625, subdivision 3, to be used by 
 51.39  county public health boards to serve 
 51.40  families with incomes at or below 200 
 51.41  percent of the federal poverty 
 51.42  guidelines, in the manner specified by 
 51.43  Minnesota Statutes, section 145A.16, 
 51.44  subdivision 3, clauses (2) through 
 51.45  (6).  Training, evaluation and 
 51.46  technical assistance shall be provided 
 51.47  in accordance with Minnesota Statutes, 
 51.48  section 145A.16, subdivisions 5 to 7.  
 51.49  For fiscal years 2002 and 2003 the 
 51.50  commissioner of finance shall ensure 
 51.51  that the base level funding for this 
 51.52  activity is $7,000,000 each year. 
 51.53  (4) Of the amounts in clause (1), 
 51.54  $250,000 in fiscal year 2001 is 
 51.55  appropriated to the commissioner to 
 51.56  contract with the board of trustees of 
 51.57  the Minnesota state colleges and 
 51.58  universities to provide tuition waivers 
 51.59  to employees of health care and human 
 51.60  services providers located in the state 
 51.61  that are members of qualifying 
 51.62  consortia operating under Minnesota 
 51.63  Statutes, sections 116L.10 to 116L.15.  
 51.64  (5) Of the amounts in clause (1), 
 51.65  $320,000 in fiscal year 2001 is for 
 52.1   training job counselors about the MFIP 
 52.2   program.  For fiscal years 2002 and 
 52.3   2003 the commissioner of finance shall 
 52.4   ensure that the base level funding for 
 52.5   employment services includes $320,000 
 52.6   each year for this activity.  The 
 52.7   appropriations in this clause shall not 
 52.8   become part of the base for the 
 52.9   2004-2005 biennium. 
 52.10  (6) Of the amounts in clause (1), 
 52.11  $1,000,000 in fiscal year 2001 is for 
 52.12  out-of-wedlock pregnancy prevention 
 52.13  funds to serve children in 
 52.14  TANF-eligible families under Minnesota 
 52.15  Statutes, section 256K.35. For fiscal 
 52.16  years 2002 and 2003 the commissioner of 
 52.17  finance shall ensure that the base 
 52.18  level funding for this program is 
 52.19  $1,000,000 each year.  The 
 52.20  appropriations in this clause shall not 
 52.21  become part of the base for the 
 52.22  2004-2005 biennium. 
 52.23  (7) Of the amounts in clause (1), 
 52.24  $1,000,000 in fiscal year 2001 is to 
 52.25  provide services to TANF-eligible 
 52.26  families who are participating in the 
 52.27  supportive housing and managed care 
 52.28  pilot project under Minnesota Statutes, 
 52.29  section 256K.25.  For fiscal years 2002 
 52.30  and 2003 the commissioner of finance 
 52.31  shall ensure that the base level 
 52.32  funding for this project is $1,000,000 
 52.33  each year.  The appropriations in this 
 52.34  clause shall not become part of the 
 52.35  base for this project for the 2004-2005 
 52.36  biennium. 
 52.37  [TANF TRANSFER TO SOCIAL SERVICES.] 
 52.38  $7,500,000 is transferred from the 
 52.39  state's federal TANF block grant to the 
 52.40  state's federal Title XX block grant in 
 52.41  fiscal year 2001 and in fiscal year 
 52.42  2002, for purposes of increasing 
 52.43  services for families with children 
 52.44  whose incomes are at or below 200 
 52.45  percent of the federal poverty 
 52.46  guidelines.  Notwithstanding section 6, 
 52.47  this paragraph expires June 30, 2002. 
 52.48  [TANF MOE.] (a) In order to meet the 
 52.49  basic maintenance of effort (MOE) 
 52.50  requirements of the TANF block grant 
 52.51  specified under United States Code, 
 52.52  title 42, section 609(a)(7), the 
 52.53  commissioner may only report nonfederal 
 52.54  money expended for allowable activities 
 52.55  listed in the following clauses as TANF 
 52.56  MOE expenditures: 
 52.57  (1) MFIP cash and food assistance 
 52.58  benefits under Minnesota Statutes, 
 52.59  chapter 256J; 
 52.60  (2) the child care assistance programs 
 52.61  under Minnesota Statutes, sections 
 52.62  119B.03 and 119B.05, and county child 
 52.63  care administrative costs under 
 52.64  Minnesota Statutes, section 119B.15; 
 53.1   (3) state and county MFIP 
 53.2   administrative costs under Minnesota 
 53.3   Statutes, chapters 256J and 256K; 
 53.4   (4) state, county, and tribal MFIP 
 53.5   employment services under Minnesota 
 53.6   Statutes, chapters 256J and 256K; and 
 53.7   (5) expenditures made on behalf of 
 53.8   noncitizen MFIP recipients who qualify 
 53.9   for the medical assistance without 
 53.10  federal financial participation program 
 53.11  under Minnesota Statutes, section 
 53.12  256B.06, subdivision 4, paragraphs (d), 
 53.13  (e), and (j). 
 53.14  (b) The commissioner shall ensure that 
 53.15  sufficient qualified nonfederal 
 53.16  expenditures are made each year to meet 
 53.17  the state's TANF MOE requirements.  For 
 53.18  the activities listed in paragraph (a), 
 53.19  clauses (2) to (6), the commissioner 
 53.20  may only report expenditures that are 
 53.21  excluded from the definition of 
 53.22  assistance under Code of Federal 
 53.23  Regulations, title 45, section 260.31.  
 53.24  If nonfederal expenditures for the 
 53.25  programs and purposes listed in 
 53.26  paragraph (a) are insufficient to meet 
 53.27  the state's TANF MOE requirements, the 
 53.28  commissioner shall recommend additional 
 53.29  allowable sources of nonfederal 
 53.30  expenditures to the legislature, if the 
 53.31  legislature is or will be in session to 
 53.32  take action to specify additional 
 53.33  sources of nonfederal expenditures for 
 53.34  TANF MOE before a federal penalty is 
 53.35  imposed.  The commissioner shall 
 53.36  otherwise provide notice to the 
 53.37  legislative commission on planning and 
 53.38  fiscal policy under paragraph (d). 
 53.39  (c) If the commissioner uses authority 
 53.40  granted under Laws 1999, chapter 245, 
 53.41  article 1, section 10, or similar 
 53.42  authority granted by a subsequent 
 53.43  legislature, to meet the state's TANF 
 53.44  MOE requirements in a reporting period, 
 53.45  the commissioner shall inform the 
 53.46  chairs of the appropriate legislative 
 53.47  committees about all transfers made 
 53.48  under that authority for this purpose. 
 53.49  (d) If the commissioner determines that 
 53.50  nonfederal expenditures for the 
 53.51  programs under Minnesota Statutes, 
 53.52  section 256J.025, are insufficient to 
 53.53  meet TANF MOE expenditure requirements, 
 53.54  and if the legislature is not or will 
 53.55  not be in session to take timely action 
 53.56  to avoid a federal penalty, the 
 53.57  commissioner may report nonfederal 
 53.58  expenditures from other allowable 
 53.59  sources as TANF MOE expenditures after 
 53.60  the requirements of this paragraph are 
 53.61  met. 
 53.62  The commissioner may report nonfederal 
 53.63  expenditures in addition to those 
 53.64  specified under paragraph (a) as 
 53.65  nonfederal TANF MOE expenditures, but 
 54.1   only ten days after the commissioner of 
 54.2   finance has first submitted the 
 54.3   commissioner's recommendations for 
 54.4   additional allowable sources of 
 54.5   nonfederal TANF MOE expenditures to the 
 54.6   members of the legislative commission 
 54.7   on planning and fiscal policy for their 
 54.8   review. 
 54.9   (e) The commissioner of finance shall 
 54.10  not incorporate any changes in federal 
 54.11  TANF expenditures or nonfederal 
 54.12  expenditures for TANF MOE that may 
 54.13  result from reporting additional 
 54.14  allowable sources of nonfederal TANF 
 54.15  MOE expenditures under the interim 
 54.16  procedures in paragraph (d) into the 
 54.17  February or November forecasts required 
 54.18  under Minnesota Statutes, section 
 54.19  16A.103, unless the commissioner of 
 54.20  finance has approved the additional 
 54.21  sources of expenditures under paragraph 
 54.22  (d). 
 54.23  (f) The provisions of paragraphs (a) to 
 54.24  (e) supersede any contrary provisions 
 54.25  in Laws 1999, chapter 245, article 1, 
 54.26  section 2, subdivision 10. 
 54.27  (g) The provisions of Minnesota 
 54.28  Statutes, section 256.011, subdivision 
 54.29  3, which require that federal grants or 
 54.30  aids secured or obtained under that 
 54.31  subdivision be used to reduce any 
 54.32  direct appropriations provided by law 
 54.33  do not apply if the grants or aids are 
 54.34  federal TANF funds. 
 54.35  (h) Notwithstanding section 6 of this 
 54.36  article, paragraphs (a) to (g) expire 
 54.37  June 30, 2003. 
 54.38  (i) Paragraphs (a) to (h) are effective 
 54.39  the day following final enactment. 
 54.40  (a) Assistance to Families Grants
 54.41       9,628,000     (2,305,000)                
 54.42  (b) Work Grants
 54.43          -0-          (250,000)
 54.44  (c) AFDC and Other Assistance
 54.45      20,000,000     30,734,000 
 54.46  [TRANSFERS TO MINNESOTA HOUSING FINANCE 
 54.47  AGENCY.] (a) By June 30, 2001, the 
 54.48  commissioner shall transfer $50,000,000 
 54.49  of the general funds appropriated under 
 54.50  this paragraph to the Minnesota housing 
 54.51  finance agency for transfer to the 
 54.52  housing development fund.  The program 
 54.53  funded by this transfer shall be known 
 54.54  as the "Bruce F. Vento Year 2000 
 54.55  Affordable Housing Program." Up to 
 54.56  $15,000,000 may be transferred in 
 54.57  fiscal year 2000. 
 54.58  (b) Of the funds transferred in 
 55.1   paragraph (a), $5,000,000 in fiscal 
 55.2   year 2001 and $15,000,000 in fiscal 
 55.3   year 2002 is for a loan to Habitat for 
 55.4   Humanity of Minnesota, Inc.  The loan 
 55.5   shall be an interest-free deferred 
 55.6   loan.  The loan shall become due and 
 55.7   payable in the event and to the extent 
 55.8   that Habitat for Humanity of Minnesota, 
 55.9   Inc. does not invest repayments and 
 55.10  prepayment of mortgage loans financed 
 55.11  with this appropriation in new 
 55.12  mortgages for additional homebuyers 
 55.13  through Habitat for Humanity of 
 55.14  Minnesota, Inc.  To the extent 
 55.15  practicable, funding must be allocated 
 55.16  to Habitat for Humanity chapters on the 
 55.17  basis of the number of MFIP households 
 55.18  residing within a chapter's service 
 55.19  area compared to the statewide total of 
 55.20  MFIP households and on the basis of a 
 55.21  chapter's capacity. 
 55.22  (c) Of the funds transferred in 
 55.23  paragraph (a), $15,000,000 in fiscal 
 55.24  year 2001 and $15,000,000 in fiscal 
 55.25  year 2002 is for the affordable rental 
 55.26  investment fund program under Minnesota 
 55.27  Statutes, section 462A.21, subdivision 
 55.28  8b.  To the extent practicable, the 
 55.29  number of units financed with the 
 55.30  appropriation under this paragraph 
 55.31  within a city, county, or region shall 
 55.32  reflect the number of MFIP households 
 55.33  residing within the city, county, or 
 55.34  region compared to the statewide total 
 55.35  of MFIP households.  This appropriation 
 55.36  must be used to finance rental housing 
 55.37  units that serve families: 
 55.38  (1) receiving MFIP benefits under 
 55.39  Minnesota Statutes, section 256J.01, or 
 55.40  its successor program; and or 
 55.41  (2) who have lost eligibility for MFIP 
 55.42  due to increased income from employment 
 55.43  or due to the collection of child or 
 55.44  spousal support under part D of title 
 55.45  IV of the Social Security Act. 
 55.46  Units produced with this appropriation 
 55.47  must remain affordable for a 30-year 
 55.48  period. 
 55.49  In order to coordinate the availability 
 55.50  of housing developed with the 
 55.51  appropriation under this paragraph with 
 55.52  MFIP families in need of affordable 
 55.53  housing, the commissioner of the 
 55.54  Minnesota housing finance agency, with 
 55.55  the assistance of the commissioner of 
 55.56  human services, shall establish 
 55.57  cooperative relationships with county 
 55.58  agencies as defined in Minnesota 
 55.59  Statutes, section 256J.08, local 
 55.60  employment and training service 
 55.61  providers as defined in Minnesota 
 55.62  Statutes, section 256J.49, local social 
 55.63  service agencies, or other 
 55.64  organizations that provide assistance 
 55.65  to MFIP households.  
 56.1   The commissioner of the Minnesota 
 56.2   housing finance agency shall develop 
 56.3   strategies to promote occupancy of the 
 56.4   units financed by the appropriation 
 56.5   under this paragraph by households most 
 56.6   in need of subsidized housing.  The 
 56.7   strategies shall include provisions 
 56.8   that encourage households to move into 
 56.9   homeownership or unsubsidized housing 
 56.10  as the household secures stable 
 56.11  employment and achieves 
 56.12  self-sufficiency.  The commissioner of 
 56.13  the Minnesota housing finance agency 
 56.14  shall consult with interested parties 
 56.15  in developing these strategies.  
 56.16  (d) The commissioner of the Minnesota 
 56.17  housing finance agency and the 
 56.18  commissioner of human services shall 
 56.19  jointly prepare and submit a report to 
 56.20  the governor and the legislature on the 
 56.21  results of the funding provided under 
 56.22  this section.  The report shall include:
 56.23  (1) information on the number of units 
 56.24  produced; 
 56.25  (2) the household size and income of 
 56.26  the occupants of the units at initial 
 56.27  occupancy; and 
 56.28  (3) to the extent the information is 
 56.29  available, measures related to the 
 56.30  occupants' attachment to the workforce 
 56.31  and public assistance usage, and number 
 56.32  of occupant moves. 
 56.33  The report must be submitted annually 
 56.34  beginning January 15, 2003. 
 56.35  (e) Section 6, sunset of uncodified 
 56.36  language, does not apply to paragraphs 
 56.37  (a) to (d).  Paragraphs (a) to (d) are 
 56.38  effective the day following final 
 56.39  enactment. 
 56.40  [WORKING FAMILY CREDIT.] (a) On a 
 56.41  regular basis, the commissioner of 
 56.42  revenue, with the assistance of the 
 56.43  commissioner of human services, shall 
 56.44  calculate the value of the refundable 
 56.45  portion of the Minnesota working family 
 56.46  credits provided under Minnesota 
 56.47  Statutes, section 290.0671, that 
 56.48  qualifies for federal reimbursement 
 56.49  from the temporary assistance to needy 
 56.50  families block grant.  The commissioner 
 56.51  of revenue shall provide the 
 56.52  commissioner of human services with 
 56.53  such expenditure records and 
 56.54  information as are necessary to support 
 56.55  draws of federal funds.  The 
 56.56  commissioner of human services shall 
 56.57  reimburse the commissioner of revenue 
 56.58  for the costs of providing the 
 56.59  information required by this paragraph. 
 56.60  (b) Federal TANF funds, as specified in 
 56.61  this paragraph, are appropriated to the 
 56.62  commissioner of human services based on 
 56.63  calculations under paragraph (a) of 
 57.1   working family tax credit expenditures 
 57.2   that qualify for reimbursement from the 
 57.3   TANF block grant for income tax refunds 
 57.4   payable in federal fiscal years 
 57.5   beginning October 1, 1999.  The draws 
 57.6   of federal TANF funds shall be made on 
 57.7   a regular basis based on calculations 
 57.8   of credit expenditures by the 
 57.9   commissioner of revenue.  Up to the 
 57.10  following amounts of federal TANF draws 
 57.11  are appropriated to the commissioner of 
 57.12  human services to deposit into the 
 57.13  general fund:  in fiscal year 2000, 
 57.14  $30,957,000; and in fiscal year 2001, 
 57.15  $33,895,000. 
 57.16  (d) General Assistance
 57.17          557,000    (3,134,000)
 57.18  (e) Minnesota Supplemental Aid
 57.19          324,000       323,000 
 57.20     Sec. 40.  [CORRECTION 27.] Laws 2000, chapter 479, article 
 57.21  1, section 2, subdivision 12, is amended to read: 
 57.22  Subd. 12. Sales Tax                                   4,800,000 
 57.23  For payment of sales tax that may not 
 57.24  be paid from the trunk highway 
 57.25  fund.  This appropriation is one-time 
 57.26  only. 
 57.27     Sec. 41.  [CORRECTION 27A.] Laws 2000, chapter 479, article 
 57.28  2, section 1, is amended to read: 
 57.29     Section 1.  [PROHIBITION AGAINST APPROPRIATIONS FROM TRUNK 
 57.30  HIGHWAY FUND.] 
 57.31     To ensure compliance with the Minnesota Constitution, 
 57.32  article XIV, sections 2, 5, and 6, the commissioner of finance, 
 57.33  agency directors, and legislative commission personnel may not 
 57.34  include in the biennial budget for fiscal years 2002 and 2003, 
 57.35  or in any budget thereafter, expenditures from the trunk highway 
 57.36  fund for a nonhighway purpose as jointly determined by the 
 57.37  commissioner of finance and the attorney general.  For purposes 
 57.38  of this section, an expenditure for a nonhighway purpose is any 
 57.39  expenditure not for construction, improvement, or maintenance of 
 57.40  highways.  At the time of submission of the biennial budget 
 57.41  proposal to the legislature, the commissioner of finance and the 
 57.42  attorney general shall report to the senate and house of 
 57.43  representatives transportation committees concerning any 
 57.44  expenditure that is proposed to be appropriated from the trunk 
 58.1   highway fund, if that expenditure is similar to those reduced or 
 58.2   eliminated in sections 5 to 20.  The report must explain the 
 58.3   highway purpose of, and recommend a fund to be charged for, the 
 58.4   proposed expenditure. 
 58.5      Sec. 42.  [CORRECTION 27B.] [CLARIFICATION OF CERTAIN 
 58.6   APPROPRIATIONS FROM THE TRUNK HIGHWAY FUND TO THE GENERAL FUND.] 
 58.7      Subject to the findings of the report required in Laws 
 58.8   2000, chapter 479, article 2, section 1, the appropriations 
 58.9   changed in sections 7, 10, 13, 14, 15, 17, and 20, from the 
 58.10  trunk highway fund to the general fund are one-time only. 
 58.11     Sec. 43.  [EFFECTIVE DATE.] 
 58.12     Unless provided otherwise, each section of this act takes 
 58.13  effect at the time the provision being corrected takes effect.