Minnesota Legislature
SF 3819
1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
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, section 268.059. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 1998, section 268.059, is 1.8 amended to read: 1.9 268.059 [GARNISHMENT FOR DELINQUENT TAXES AND BENEFIT 1.10 OVERPAYMENTS.] 1.11 (a) The commissioner may give notice to any employer that 1.12 an employee owes delinquent taxes, payments in lieu of taxes, or 1.13 overpaid benefits, including penalties, interest, and costs, and 1.14 that the obligation to the department should be withheld from 1.15 the employee's wages. The commissioner may proceed only if the 1.16 tax, payment in lieu of taxes, or benefit overpayment is 1.17 uncontested or if the time for any appeal has expired. The 1.18 commissioner shall not proceed until 30 calendar days after 1.19 mailing to the debtor employee, at the debtor's last known 1.20 address, a written notice of intent to garnish wages and 1.21 exemption notice. That notice shall list: 1.22 (1) the amount of taxes, payments in lieu of taxes, 1.23 overpaid benefits, interest, penalties, or costs due from the 1.24 debtor; 1.25 (2) demand for immediate payment; and 2.1 (3) the intention to serve a garnishment notice on the 2.2 debtor's employer. 2.3 The notice shall expire 180 calendar days after it has been 2.4 mailed to the debtor provided that the notice may be renewed by 2.5 mailing a new notice that is in accordance with this section. 2.6 The renewed notice shall have the effect of reinstating the 2.7 priority of the original notice. The exemption notice shall be 2.8 in substantially the same form as in section 571.72. The notice 2.9 shall inform the debtor of the right to claim exemptions 2.10 contained in section 550.37, subdivision 14. If no written 2.11 claim of exemption is received by the commissioner within 30 2.12 calendar days after mailing of the notice, the commissioner may 2.13 proceed with the garnishment. The notice to the debtor's 2.14 employer may be served by mail and shall be in substantially the 2.15 same form as in section 571.75. Upon receipt of the garnishment 2.16 notice, the employer shall withhold from the earnings due or to 2.17 become due to the employee, the amount shown on the notice plus 2.18 accrued interest, subject to section 571.922. The employer 2.19 shall continue to withhold each pay period the amount shown on 2.20 the notice plus accrued interest until the garnishment notice is 2.21 released by the commissioner. Upon receipt of notice by the 2.22 employer, the claim of the commissioner shall have priority over 2.23 any subsequent garnishments or wage assignments. The 2.24 commissioner may arrange between the employer and employee for 2.25 withholding a portion of the total amount due the employee each 2.26 pay period, until the total amount shown on the notice plus 2.27 accrued interest has been withheld. 2.28 The "earnings due" any employee is as defined in section 2.29 571.921. The maximum garnishment allowed for any one pay period 2.30 shall be decreased by any amounts payable pursuant to any other 2.31 garnishment action served prior to the garnishment notice, and 2.32 any amounts covered by any irrevocable and previously effective 2.33 assignment of wages; the employer shall give notice to the 2.34 commissioner of the amounts and the facts relating to the 2.35 assignment within ten days after the service of the garnishment 2.36 notice on the form provided by the commissioner. 3.1 (b) If the employee ceases to be employed by the employer 3.2 before the full amount set forth on the garnishment notice plus 3.3 accrued interest has been withheld, the employer shall 3.4 immediately notify the commissioner in writing of the 3.5 termination date of the employee and the total amount withheld. 3.6 No employer may discharge or discipline any employee because the 3.7 commissioner has proceeded under this section. If an employer 3.8 discharges an employee in violation of this section, the 3.9 employee shall have the same remedy as provided in section 3.10 571.927, subdivision 2. 3.11 (c) Within ten calendar days after the expiration of the 3.12 pay period, the employer shall remit to the commissioner, on a 3.13 form and in the manner prescribed by the commissioner, the 3.14 amount withheld during each pay period. 3.15 (d) Paragraphs (a) to (c) shall apply if the employer is 3.16 the state of Minnesota or any political subdivision. 3.17 (e) The commissioner shall refund to the employee any 3.18 excess amounts withheld from the employee. 3.19 (f) An employer that fails or refuses to comply with this 3.20 section shall be liable as provided in section 268.058, 3.21 subdivision32, paragraph(i)(j). 3.22 Sec. 2. [CORRECTION 1.] Minnesota Statutes 1998, section 3.23 349.163, subdivision 9, as added by Laws 2000, chapter 300, 3.24 section 4, is amended to read: 3.25 Sec. 4. Minnesota Statutes 1998, section 349.163, is 3.26 amended by adding a subdivision to read: 3.27 Subd. 9. [SALES REQUIRED.] No licensed manufacturer may 3.28 refuse to sell pull-tab games to a licensed distributor unless: 3.29 (1) a specific game sold on an exclusive basis is at issue; 3.30 (2) the manufacturer does not sellthepull-tab games to 3.31 any distributor in Minnesota; 3.32 (3) a Minnesota statute or rule prohibits the sale; or 3.33 (4) the distributor is delinquent on any payment owed to 3.34 the manufacturer. 3.35 Sec. 3. [CORRECTION 2.] Laws 2000, chapter 296, section 1, 3.36 is amended to read: 4.1 Section 1. [STUDY ON REIMBURSEMENT FOR SPECIAL 4.2 TRANSPORTATION PROVIDERS.] 4.3 The commissioner of human services, in consultation with 4.4 special transportation providers, shall prepare a study on 4.5 appropriate reimbursement for special transportation providers. 4.6 The study shall include, but not be limited to, an analysis of 4.7 the cost characteristics of special transportation services, 4.8 including the differences in costs for services provided to: 4.9 (1) persons who need a wheelchair lift or ramp van; 4.10 (2) persons who need a stretcher-equipped vehicle; 4.11 (3) persons who are ambulatory with assistancemultiple4.12doorthrough multipledoordoors; 4.13 (4) persons who are ambulatory without assistance; 4.14 (5) persons residing in rural areas; and 4.15 (6) persons residing in urban areas. 4.16 The commissioner shall make recommendations for reimbursement 4.17 rates for services to persons in clauses (1) to (6), based 4.18 primarily on the analysis of service cost characteristics, 4.19 capital cost characteristics, and industry growth cost 4.20 characteristics. The commissioner shall present the study to 4.21 the legislature no later than September 15, 2000. 4.22 Sec. 4. [CORRECTION 6.] Laws 2000, chapter 444, article 1, 4.23 section 6, is amended to read: 4.24 Sec. 6. 518.183 [REPLACING CERTAIN ORDERS.] 4.25 Upon request of both parties the court must modify an order 4.26 entered under section 518.17 or 518.175 before the effective 4.27 date of thisactsection by entering a parenting plan that 4.28 complies with section 518.1705, unless the court makes detailed 4.29 findings that entering a parenting plan is not in the best 4.30 interests of the child. If only one party makes the request, 4.31 the court may modify the order by entering a parenting plan that 4.32 complies with section 518.1705. The court must apply the 4.33 standards in section 518.18 when considering a motion to enter a 4.34 parenting plan that would change the child's primary residence. 4.35 The court must apply the standards in section 518.17 when 4.36 considering a motion to enter a parenting plan that would: 5.1 (1) change decision-making responsibilities of the parents; 5.2 or 5.3 (2) change the time each parent spends with the child, but 5.4 not change the child's primary residence. 5.5 Sec. 5. [CORRECTION 7.] 2000 H.F. No. 2891, section 1, if 5.6 enacted, is amended to read: 5.7 Section 1. [APPROPRIATIONS.] 5.8 The sums in the column under "APPROPRIATIONS" are 5.9 appropriated from the general fund, or another named fund, to 5.10 the state agencies or officials indicated, to be spent for the 5.11 purposes indicated, for fiscal year 2001. Unless otherwise 5.12 specified, the appropriations in this act are available until 5.13 spent. 5.14 SUMMARY 5.15 TRANSPORTATION $566,551,000 5.16 METROPOLITAN COUNCIL 20,000,000 5.17 PUBLIC SAFETY 119,000 5.18 TRADE AND ECONOMIC DEVELOPMENT 750,000 5.19 FINANCE 15,100,000 5.20 TOTAL $602,520,000 5.21 Trunk Highway Bond Proceeds Account 100,100,000 5.22 Trunk Highway Fund 102,298,000 5.23 General Fund 400,122,000 5.24 APPROPRIATIONS 5.25 $ 5.26 Sec. 6. [CORRECTION 9.] Laws 1999, chapter 243, article 1, 5.27 section 2, as amended by Laws 2000, chapter 490, article 3, 5.28 section 1, is amended to read: 5.29 Sec. 2. [SALES TAX REBATE.] 5.30 (a) An individual who: 5.31 (1) was eligible for a credit under Laws 1997, chapter 231, 5.32 article 1, section 16, as amended by Laws 1997, First Special 5.33 Session chapter 5, section 35, and Laws 1997, Third Special 5.34 Session chapter 3, section 11, and Laws 1998, chapter 304, and 5.35 Laws 1998, chapter 389, article 1, section 3, and who filed for 5.36 or received that credit on or before June 15, 1999; or 6.1 (2) was a resident of Minnesota for any part of 1997, and 6.2 filed a 1997 Minnesota income tax return on or before June 15, 6.3 1999, and had a tax liability before refundable credits on that 6.4 return of at least $1 but did not file the claim for credit 6.5 authorized under Laws 1997, chapter 231, article 1, section 16, 6.6 as amended, and who was not allowed to be claimed as a dependent 6.7 on a 1997 federal income tax return filed by another person; or 6.8 (3) had the property taxes payable on his or her homestead 6.9 abated to zero under Laws 1997, chapter 231, article 2, section 6.10 64, 6.11 shall receive a sales tax rebate. 6.12 (b) The sales tax rebate for taxpayers who qualify under 6.13 paragraph (a) as married filing joint or head of household must 6.14 be computed according to the following schedule: 6.15 Income Sales Tax Rebate 6.16 less than $2,500 $ 358 6.17 at least $2,500 but less than $5,000 $ 469 6.18 at least $5,000 but less than $10,000 $ 502 6.19 at least $10,000 but less than $15,000 $ 549 6.20 at least $15,000 but less than $20,000 $ 604 6.21 at least $20,000 but less than $25,000 $ 641 6.22 at least $25,000 but less than $30,000 $ 690 6.23 at least $30,000 but less than $35,000 $ 762 6.24 at least $35,000 but less than $40,000 $ 820 6.25 at least $40,000 but less than $45,000 $ 874 6.26 at least $45,000 but less than $50,000 $ 921 6.27 at least $50,000 but less than $60,000 $ 969 6.28 at least $60,000 but less than $70,000 $1,071 6.29 at least $70,000 but less than $80,000 $1,162 6.30 at least $80,000 but less than $90,000 $1,276 6.31 at least $90,000 but less than $100,000 $1,417 6.32 at least $100,000 but less than $120,000 $1,535 6.33 at least $120,000 but less than $140,000 $1,682 6.34 at least $140,000 but less than $160,000 $1,818 6.35 at least $160,000 but less than $180,000 $1,946 6.36 at least $180,000 but less than $200,000 $2,067 7.1 at least $200,000 but less than $400,000 $2,644 7.2 at least $400,000 but less than $600,000 $3,479 7.3 at least $600,000 but less than $800,000 $4,175 7.4 at least $800,000 but less than $1,000,000 $4,785 7.5 $1,000,000 and over $5,000 7.6 (c) The sales tax rebate for individuals who qualify under 7.7 paragraph (a) as single or married filing separately must be 7.8 computed according to the following schedule: 7.9 Income Sales Tax Rebate 7.10 less than $2,500 $ 204 7.11 at least $2,500 but less than $5,000 $ 249 7.12 at least $5,000 but less than $10,000 $ 299 7.13 at least $10,000 but less than $15,000 $ 408 7.14 at least $15,000 but less than $20,000 $ 464 7.15 at least $20,000 but less than $25,000 $ 496 7.16 at least $25,000 but less than $30,000 $ 515 7.17 at least $30,000 but less than $40,000 $ 570 7.18 at least $40,000 but less than $50,000 $ 649 7.19 at least $50,000 but less than $70,000 $ 776 7.20 at least $70,000 but less than $100,000 $ 958 7.21 at least $100,000 but less than $140,000 $1,154 7.22 at least $140,000 but less than $200,000 $1,394 7.23 at least $200,000 but less than $400,000 $1,889 7.24 at least $400,000 but less than $600,000 $2,485 7.25 $600,000 and over $2,500 7.26 (d) Individuals who were not residents of Minnesota for any 7.27 part of 1997 and who paid more than $10 in Minnesota sales tax 7.28 on nonbusiness consumer purchases in that year qualify for a 7.29 rebate under this paragraph only. Qualifying nonresidents must 7.30 file a claim for rebate on a form prescribed by the commissioner 7.31 before the later of June 15, 1999, or 30 days after the date of 7.32 enactment of this act. The claim must include receipts showing 7.33 the Minnesota sales tax paid and the date of the sale. Taxes 7.34 paid on purchases allowed in the computation of federal taxable 7.35 income or reimbursed by an employer are not eligible for the 7.36 rebate. The commissioner shall determine the qualifying taxes 8.1 paid and rebate the lesser of: 8.2 (1) 69.0 percent of that amount; or 8.3 (2) the maximum amount for which the claimant would have 8.4 been eligible as determined under paragraph (b) if the taxpayer 8.5 filed the 1997 federal income tax return as a married taxpayer 8.6 filing jointly or head of household, or as determined under 8.7 paragraph (c) for other taxpayers. 8.8 (e) "Income," for purposes of this section other than 8.9 paragraph (d), is taxable income as defined in section 63 of the 8.10 Internal Revenue Code of 1986, as amended through December 31, 8.11 1996, plus the sum of any additions to federal taxable income 8.12 for the taxpayer under Minnesota Statutes, section 290.01, 8.13 subdivision 19a, and reported on the original 1997 income tax 8.14 return including subsequent adjustments to that return made 8.15 within the time limits specified in paragraph (h). For an 8.16 individual who was a resident of Minnesota for less than the 8.17 entire year, the sales tax rebate equals the sales tax rebate 8.18 calculated under paragraph (b) or (c) multiplied by the 8.19 percentage determined pursuant to Minnesota Statutes, section 8.20 290.06, subdivision 2c, paragraph (e), as calculated on the 8.21 original 1997 income tax return including subsequent adjustments 8.22 to that return made within the time limits specified in 8.23 paragraph (h). For purposes of paragraph (d), "income" is 8.24 taxable income as defined in section 63 of the Internal Revenue 8.25 Code of 1986, as amended through December 31, 1996, and reported 8.26 on the taxpayer's original federal tax return for the first 8.27 taxable year beginning after December 31, 1996. 8.28 (f) An individual who would have been eligible for a rebate 8.29 under paragraph (a), clause (1) or (2), or (d) had the 8.30 individual filed a 1997 Minnesota income tax return or claim 8.31 form by June 15, 1999, who files the return or claim form by 8.32 June 30, 2000, is eligible for the rebate amount under (i) 8.33 paragraph (b) as adjusted by paragraph (h) if the individualis8.34 was a resident of Minnesota for any part of 1997 and filed as 8.35 either marriedfilingjoint or head of householdand the rebate8.36amount under, (ii) paragraph (c) as adjusted by paragraph (h) if 9.1 the individualiswas a resident of Minnesota for any part of 9.2 1997 and filed as either marriedfiling separatelyseparate or 9.3 single, or (iii) paragraph (d) if the individual was a 9.4 nonresident in 1997. 9.5 (g) For a fiscal year taxpayer, the June 15, 1999, dates in 9.6 paragraphs (a) through (d) are extended one month for each month 9.7 in calendar year 1997 that occurred prior to the start of the 9.8 individual's 1997 fiscal tax year. 9.9 (h) Before payment, the commissioner of revenue shall 9.10 adjust the rebate as follows: 9.11 (1) the rebates calculated in paragraphs (b), (c), and (d) 9.12 must be proportionately reduced to account for 1997 income tax 9.13 returns that are filed on or after January 1, 1999, but before 9.14 July 1, 1999, so that the amount of sales tax rebates payable 9.15 under paragraphs (b), (c), and (d) does not exceed 9.16 $1,250,000,000; and 9.17 (2) the commissioner of finance shall certify by July 15, 9.18 1999, preliminary fiscal year 1999 general fund net nondedicated 9.19 revenues. The certification shall exclude the impact of any 9.20 legislation enacted during the 1999 regular session. If 9.21 certified net nondedicated revenues exceed the amount forecast 9.22 in February 1999, up to $50,000,000 of the increase shall be 9.23 added to the total amount rebated. The commissioner of revenue 9.24 shall adjust all rebates proportionally to reflect any 9.25 increases. The total amount of the rebate shall not exceed 9.26 $1,300,000,000. 9.27 The adjustments under this paragraph are not rules subject to 9.28 Minnesota Statutes, chapter 14. 9.29 (i) The commissioner of revenue may begin making sales tax 9.30 rebates by August 1, 1999. Sales tax rebates not paid by 9.31 October 1, 1999, bear interest at the rate specified in 9.32 Minnesota Statutes, section 270.75. Sales tax rebates paid to 9.33 (1) taxpayers who file their original 1997 Minnesota income tax 9.34 return after June 15, 1999, and (2) qualifying nonresidents who 9.35 file a claim for rebate after June 15, 1999, 9.36 bear interest at the rate specified in Minnesota Statutes, 10.1 section 270.75, beginning October 1, 2000. 10.2 (j) A sales tax rebate shall not be adjusted based on 10.3 changes to a 1997 income tax return that are made by order of 10.4 assessment after June 15, 1999, or made by the taxpayer that are 10.5 filed with the commissioner of revenue after June 15, 1999. 10.6 (k) Individuals who filed a joint income tax return for 10.7 1997 shall receive a joint sales tax rebate. After the sales 10.8 tax rebate has been issued, but before the check has been 10.9 cashed, either joint claimant may request a separate check for 10.10 one-half of the joint sales tax rebate. Notwithstanding 10.11 anything in this section to the contrary, if prior to payment, 10.12 the commissioner has been notified that persons who filed a 10.13 joint 1997 income tax return are living at separate addresses, 10.14 as indicated on their 1998 income tax return or otherwise, the 10.15 commissioner may issue separate checks to each person. The 10.16 amount payable to each person is one-half of the total joint 10.17 rebate. If a rebate is received by the estate of a deceased 10.18 individual after the probate estate has been closed, and if the 10.19 original rebate check is returned to the commissioner with a 10.20 copy of the decree of descent or final account of the estate, 10.21 social security numbers, and addresses of the beneficiaries, the 10.22 commissioner may issue separate checks in proportion to their 10.23 share in the residuary estate in the names of the residuary 10.24 beneficiaries of the estate. 10.25 (l) The sales tax rebate is a "Minnesota tax law" for 10.26 purposes of Minnesota Statutes, section 270B.01, subdivision 8. 10.27 (m) The sales tax rebate is "an overpayment of any tax 10.28 collected by the commissioner" for purposes of Minnesota 10.29 Statutes, section 270.07, subdivision 5. For purposes of this 10.30 paragraph, a joint sales tax rebate is payable to each spouse 10.31 equally. 10.32 (n) If the commissioner of revenue cannot locate an 10.33 individual entitled to a sales tax rebate by July 1, 2001, or if 10.34 an individual to whom a sales tax rebate was issued has not 10.35 cashed the check by July 1, 2001, the right to the sales tax 10.36 rebate lapses and the check must be deposited in the general 11.1 fund. 11.2 (o) Individuals entitled to a sales tax rebate pursuant to 11.3 paragraph (a), but who did not receive one, and individuals who 11.4 receive a sales tax rebate that was not correctly computed, must 11.5 file a claim with the commissioner before July 1, 2000, in a 11.6 form prescribed by the commissioner. Taxpayers who file their 11.7 original 1997 Minnesota income tax return after June 15, 1999, 11.8 and qualifying nonresidents who file a claim for rebate after 11.9 June 15, 1999, and who do not receive it or who receive a sales 11.10 tax rebate that was not correctly computed, must file a claim 11.11 with the commissioner before July 1, 2001, in a form prescribed 11.12 by the commissioner. These claims must be treated as if they 11.13 are a claim for refund under Minnesota Statutes, section 11.14 289A.50, subdivisions 4 and 7. 11.15 (p) The sales tax rebate is a refund subject to revenue 11.16 recapture under Minnesota Statutes, chapter 270A. The 11.17 commissioner of revenue shall remit the entire refund to the 11.18 claimant agency, which shall, upon the request of the spouse who 11.19 does not owe the debt, refund one-half of the joint sales tax 11.20 rebate to the spouse who does not owe the debt. 11.21 (q) The rebate is a reduction of fiscal year 1999 sales tax 11.22 revenues. The amount necessary to make the sales tax rebates 11.23 and interest provided in this section is appropriated from the 11.24 general fund to the commissioner of revenue in fiscal year 1999 11.25 and is available until June 30, 2001. 11.26 (r) If a sales tax rebate check is cashed by someone other 11.27 than the payee or payees of the check, and the commissioner of 11.28 revenue determines that the check has been forged or improperly 11.29 endorsed or the commissioner determines that a rebate was 11.30 overstated or erroneously issued, the commissioner may issue an 11.31 order of assessment for the amount of the check or the amount 11.32 the check is overstated against the person or persons cashing 11.33 it. The assessment must be made within two years after the 11.34 check is cashed, but if cashing the check constitutes theft 11.35 under Minnesota Statutes, section 609.52, or forgery under 11.36 Minnesota Statutes, section 609.631, the assessment can be made 12.1 at any time. The assessment may be appealed administratively 12.2 and judicially. The commissioner may take action to collect the 12.3 assessment in the same manner as provided by Minnesota Statutes, 12.4 chapter 289A, for any other order of the commissioner assessing 12.5 tax. 12.6 (s) Notwithstanding Minnesota Statutes, sections 9.031, 12.7 16A.40, 16B.49, 16B.50, and any other law to the contrary, the 12.8 commissioner of revenue may take whatever actions the 12.9 commissioner deems necessary to pay the rebates required by this 12.10 section, and may, in consultation with the commissioner of 12.11 finance and the state treasurer, contract with a private vendor 12.12 or vendors to process, print, and mail the rebate checks or 12.13 warrants required under this section and receive and disburse 12.14 state funds to pay those checks or warrants. 12.15 (t) The commissioner may pay rebates required by this 12.16 section by electronic funds transfer to individuals who 12.17 requested that their 1998 individual income tax refund be paid 12.18 through electronic funds transfer. The commissioner may make 12.19 the electronic funds transfer payments to the same financial 12.20 institution and into the same account as the 1998 individual 12.21 income tax refund. 12.22 Sec. 7. [CORRECTION 9A.] Minnesota Statutes 1999 12.23 Supplement, section 290.01, subdivision 19, as amended by Laws 12.24 2000, chapter 490, article 12, section 2, is amended to read: 12.25 Subd. 19. [NET INCOME.] The term "net income" means the 12.26 federal taxable income, as defined in section 63 of the Internal 12.27 Revenue Code of 1986, as amended through the date named in this 12.28 subdivision, incorporating any elections made by the taxpayer in 12.29 accordance with the Internal Revenue Code in determining federal 12.30 taxable income for federal income tax purposes, and with the 12.31 modifications provided in subdivisions 19a to 19f. 12.32 In the case of a regulated investment company or a fund 12.33 thereof, as defined in section 851(a) or 851(g) of the Internal 12.34 Revenue Code, federal taxable income means investment company 12.35 taxable income as defined in section 852(b)(2) of the Internal 12.36 Revenue Code, except that: 13.1 (1) the exclusion of net capital gain provided in section 13.2 852(b)(2)(A) of the Internal Revenue Code does not apply; 13.3 (2) the deduction for dividends paid under section 13.4 852(b)(2)(D) of the Internal Revenue Code must be applied by 13.5 allowing a deduction for capital gain dividends and 13.6 exempt-interest dividends as defined in sections 852(b)(3)(C) 13.7 and 852(b)(5) of the Internal Revenue Code; and 13.8 (3) the deduction for dividends paid must also be applied 13.9 in the amount of any undistributed capital gains which the 13.10 regulated investment company elects to have treated as provided 13.11 in section 852(b)(3)(D) of the Internal Revenue Code. 13.12 The net income of a real estate investment trust as defined 13.13 and limited by section 856(a), (b), and (c) of the Internal 13.14 Revenue Code means the real estate investment trust taxable 13.15 income as defined in section 857(b)(2) of the Internal Revenue 13.16 Code. 13.17 The net income of a designated settlement fund as defined 13.18 in section 468B(d) of the Internal Revenue Code means the gross 13.19 income as defined in section 468B(b) of the Internal Revenue 13.20 Code. 13.21 The provisions of sections 1113(a), 1117, 1206(a), 1313(a), 13.22 1402(a), 1403(a), 1443, 1450, 1501(a), 1605, 1611(a), 1612, 13.23 1616, 1617, 1704(l), and 1704(m) of the Small Business Job 13.24 Protection Act, Public Law Number 104-188, the provisions of 13.25 Public Law Number 104-117, the provisions of sections 313(a) and 13.26 (b)(1), 602(a), 913(b), 941, 961, 971, 1001(a) and (b), 1002, 13.27 1003, 1012, 1013, 1014, 1061, 1062, 1081, 1084(b), 1086, 1087, 13.28 1111(a), 1131(b) and (c), 1211(b), 1213, 1530(c)(2), 1601(f)(5) 13.29 and (h), and 1604(d)(1) of the Taxpayer Relief Act of 1997, 13.30 Public Law Number 105-34, the provisions of section 6010 of the 13.31 Internal Revenue Service Restructuring and Reform Act of 1998, 13.32 Public Law Number 105-206, and the provisions of section 4003 of 13.33 the Omnibus Consolidated and Emergency Supplemental 13.34 Appropriations Act, 1999, Public Law Number 105-277, shall 13.35 become effective at the time they become effective for federal 13.36 purposes. 14.1 The Internal Revenue Code of 1986, as amended through 14.2 December 31, 1996, shall be in effect for taxable years 14.3 beginning after December 31, 1996. 14.4 The provisions of sections 202(a) and (b), 221(a), 225, 14.5 312, 313, 913(a), 934, 962, 1004, 1005, 1052, 1063, 1084(a) and 14.6 (c), 1089, 1112, 1171, 1204, 1271(a) and (b), 1305(a), 1306, 14.7 1307, 1308, 1309, 1501(b), 1502(b), 1504(a), 1505, 1527, 1528, 14.8 1530, 1601(d), (e), (f), and (i) and 1602(a), (b), (c), and (e) 14.9 of the Taxpayer Relief Act of 1997, Public Law Number 105-34, 14.10 the provisions of sections 6004, 6005, 6012, 6013, 6015, 6016, 14.11 7002, and 7003 of the Internal Revenue Service Restructuring and 14.12 Reform Act of 1998, Public Law Number 105-206, the provisions of 14.13 section 3001 of the Omnibus Consolidated and Emergency 14.14 Supplemental Appropriations Act, 1999, Public Law Number 14.15 105-277, and the provisions of section 3001 of the Miscellaneous 14.16 Trade and Technical Corrections Act of 1999, Public Law Number 14.17 106-36, shall become effective at the time they become effective 14.18 for federal purposes. 14.19 The Internal Revenue Code of 1986, as amended through 14.20 December 31, 1997, shall be in effect for taxable years 14.21 beginning after December 31, 1997. 14.22 The provisions of sections 5002, 6009, 6011, and 7001 of 14.23 the Internal Revenue Service Restructuring and Reform Act of 14.24 1998, Public Law Number 105-206, the provisions of section 9010 14.25 of the Transportation Equity Act for the 21st Century, Public 14.26 Law Number 105-178, the provisions of sections 1004, 4002, and 14.27 5301 of the Omnibus Consolidation and Emergency Supplemental 14.28 Appropriations Act, 1999, Public Law Number 105-277, the 14.29 provision of section 303 of the Ricky Ray Hemophilia Relief Fund 14.30 Act of 1998, Public Law Number 105-369, and the provisions of 14.31 sections 532, 534, 536, 537, and 538 of the Ticket to Work and 14.32 Work Incentives Improvement Act of 1999, Public Law Number 14.33160-170106-170, shall become effective at the time they become 14.34 effective for federal purposes. 14.35 The Internal Revenue Code of 1986, as amended through 14.36 December 31, 1998, shall be in effect for taxable years 15.1 beginning after December 31, 1998. 15.2 The Internal Revenue Code of 1986, as amended through 15.3 December 31, 1999, shall be in effect for taxable years 15.4 beginning after December 31, 1999. 15.5 Except as otherwise provided, references to the Internal 15.6 Revenue Code in subdivisions 19a to 19g mean the code in effect 15.7 for purposes of determining net income for the applicable year. 15.8 Sec. 8. [CORRECTION 9B.] Minnesota Statutes 1999 15.9 Supplement, section 477A.06, subdivision 1, as amended by Laws 15.10 2000, chapter 490, article 6, section 8, is amended to read: 15.11 Subdivision 1. [ELIGIBILITY.] (a) For assessment years 15.12 1999, 2000, 2001, and 2002, for all class 4d property on which 15.13 construction was begun before January 1, 1999, the assessor 15.14 shall determine the difference between the actual net tax 15.15 capacity and the net tax capacity that would be determined for 15.16 the property if the class rates for assessment year 1997 were in 15.17 effect. 15.18 (b) In calendar years 2000, 2001, 2002, and 2003, each city 15.19 shall be eligible for aid equal to (i) the amount by which the 15.20 sum of the differences determined in clause (a) for the 15.21 corresponding assessment year exceeds two percent of the city's 15.22 total taxable net tax capacity for taxes payable in 1998, 15.23 multiplied by (ii) the city government's average local tax rate 15.24 for taxes payable in 1998. 15.25 Sec. 9. [CORRECTION 9C.] Minnesota Statutes 1998, section 15.26 477A.06, subdivision 3, as amended by Laws 2000, chapter 490, 15.27 article 6, section 9, is amended to read: 15.28 Subd. 3. [APPROPRIATION; PAYMENT.] (a) The commissioner 15.29 shall pay each city its qualifying aid amount on or before July 15.30 20 of each year. An amount sufficient to pay the aid authorized 15.31 under this section is appropriated to the commissioner of 15.32 revenue from the property tax reform account in fiscalyears15.33 year 2000and 2001, and from the general fund in fiscal 15.34 years 2001, 2002, 2003, and 2004. 15.35 (b) For fiscal years 2001 through 2004, the amount of aid 15.36 appropriated under this section may not exceed $1,500,000 each 16.1 year. 16.2 (c) If the total amount of aid that would otherwise be 16.3 payable under the formula in this section exceeds the maximum 16.4 allowed under paragraph (b), the amount of aid for each city is 16.5 reduced proportionately to equal the limit. 16.6 Sec. 10. [CORRECTION 10.] Minnesota Statutes, section 16.7 58.135, as added by Laws 2000, chapter 427, section 17, is 16.8 amended by adding a subdivision to read: 16.9 Subd. 3. [APPLICATION.] This section applies to 16.10 residential mortgage loans made on or after August 1, 2001. 16.11 Sec. 11. [CORRECTION 11.] Laws 2000, chapter 461, article 16.12 17, section 14, is amended to read: 16.13 Sec. 14. [EFFECTIVE DATE.] 16.14 (a) Sections 1 to 5 are effective on the day after the date 16.15 on which the Minneapolis city council and the chief clerical 16.16 officer of the city of Minneapolis complete, in a timely manner, 16.17 their compliance with Minnesota Statutes, section 645.021, 16.18 subdivisions 2 and 3. 16.19 (b) Section 6 is effective on the day after the date on 16.20 which the Minneapolis city council and the chief clerical 16.21 officer of the city of Minneapolis complete, in a timely manner, 16.22 their compliance with Minnesota Statutes, section 645.021, 16.23 subdivisions 2 and 3. Section53, if approved, applies 16.24 retroactively to contributions beginning after July 1, 1990. 16.25 (c) Sections 7 to 13 are effective on the day after the 16.26 date on which the Minneapolis city council and the chief 16.27 clerical officer of the city of Minneapolis complete, in a 16.28 timely manner, their compliance with Minnesota Statutes, section 16.29 645.021, subdivisions 2 and 3. Section510, if approved, 16.30 applies retroactively to contributions beginning after July 1, 16.31 1990. 16.32 Sec. 12. [CORRECTION 13.] Minnesota Statutes 1998, section 16.33 161.32, subdivision 7, as added by Laws 2000, chapter 479, 16.34 article 1, section 13, is amended to read: 16.35 Subd. 7. [APPROVAL AND PAYMENT OF SUPPLEMENTAL 16.36 AGREEMENTS.] Notwithstanding any law to the contrary, when goods 17.1 or services are provided to the commissioner under an agreement 17.2 supplemental to a contract for work on a trunk highway, the 17.3 commissioner or designee may approve thesupplemental17.4agreementwork. Payment of valid state obligations must be made 17.5 within 30 days of approval of the work or submission by the 17.6 contractor of an invoice indicating completion of work, 17.7 whichever occurs later. 17.8 Sec. 13. [CORRECTION 14.] Laws 2000, chapter 488, article 17.9 8, section 2, subdivision 4, is amended to read: 17.10 Subd. 4. State-Operated Services 17.11 -0- (1,495,000) 17.12[STATE-OPERATED SERVICES BASE17.13REDUCTION.] The general fund base level17.14appropriation for state operated17.15services programs and activities shall17.16be reduced by $1,495,000 for fiscal17.17year 2001.17.18 The amounts that may be spent from this 17.19 appropriation for each purpose are as 17.20 follows: 17.21 (a) RTC Facilities 17.22 -0- (1,495,000) 17.23 Sec. 14. [CORRECTION 14A.] Laws 2000, chapter 488, article 17.24 8, section 2, subdivision 6, is amended to read: 17.25 Subd. 6. Economic Support Grants 17.26 30,509,000 25,368,000 17.27 The amounts that may be spent from this 17.28 appropriation for each purpose are as 17.29 follows: 17.30 [ASSISTANCE TO FAMILIES GRANTS TANF 17.31 FORECAST ADJUSTMENT.] The federal 17.32 Temporary Assistance to Needy Families 17.33 (TANF) block grant fund appropriated to 17.34 the commissioner of human services in 17.35 Laws 1999, chapter 245, article 1, 17.36 section 2, subdivision 10, for MFIP 17.37 cash grants are reduced by $37,513,000 17.38 in fiscal year 2000 and $30,217,000 in 17.39 fiscal year 2001. 17.40 [FEDERAL TANF FUNDS.] (1) In addition 17.41 to the Federal Temporary Assistance for 17.42 Needy Families (TANF) block grant funds 17.43 appropriated to the commissioner of 17.44 human services in Laws 1999, chapter 17.45 245, article 1, section 2, subdivision 17.46 10, federal TANF funds are appropriated 17.47 to the commissioner in amounts up to 17.48 $20,000,000 in fiscal year 2000 17.49 and$80,440,000$68,394,000 in fiscal 17.50 year 2001. In addition to these funds, 18.1 the commissioner may draw or transfer 18.2 any other appropriations of federal 18.3 TANF funds or transfers of federal TANF 18.4 funds that are enacted into state law. 18.5 (2) Of the amounts in clause (1), 18.6 $19,680,000 in fiscal year 2001 is for 18.7 the local intervention grants program 18.8 under Minnesota Statutes, section 18.9 256J.625 and related grant programs and 18.10 shall be expended as follows: 18.11 (a) $500,000 in fiscal year 2001 is for 18.12 a grant to the Southeast Asian MFIP 18.13 services collaborative to replicate in 18.14 a second location an existing model of 18.15 an intensive intervention transitional 18.16 employment training project which 18.17 serves TANF-eligible recipients and 18.18 which moves refugee and immigrant 18.19 welfare recipients unto unsubsidized 18.20 employment and leads to economic 18.21 self-sufficiency. This is a one-time 18.22 appropriation. 18.23 (b) $500,000 in fiscal year 2001 is for 18.24 nontraditional career assistance and 18.25 training programs under Minnesota 18.26 Statutes, section 256K.30, subdivision 18.27 4. This is a one-time appropriation. 18.28 (c) $18,680,000 is for local 18.29 intervention grants for 18.30 self-sufficiency program under 18.31 Minnesota Statutes, section 256J.625. 18.32 For fiscal years 2002 and 2003 the 18.33 commissioner of finance shall ensure 18.34 that the base level funding for the 18.35 local intervention grants program is 18.36 $27,180,000 each year. 18.37 (3) Of the amounts in clause (2), 18.38 paragraph (c) for local intervention 18.39 grants, $7,000,000 in fiscal year 2001 18.40 shall be transferred to the 18.41 commissioner of health for distribution 18.42 to county boards according to the 18.43 formula in Minnesota Statutes, section 18.44 256J.625, subdivision 3, to be used by 18.45 county public health boards to serve 18.46 families with incomes at or below 200 18.47 percent of the federal poverty 18.48 guidelines, in the manner specified by 18.49 Minnesota Statutes, section 145A.16, 18.50 subdivision 3, clauses (2) through 18.51 (6). Training, evaluation and 18.52 technical assistance shall be provided 18.53 in accordance with Minnesota Statutes, 18.54 section 145A.16, subdivisions 5 to 7. 18.55 For fiscal years 2002 and 2003 the 18.56 commissioner of finance shall ensure 18.57 that the base level funding for this 18.58 activity is $7,000,000 each year. 18.59 (4) Of the amounts in clause (1), 18.60 $250,000 in fiscal year 2001 is 18.61 appropriated to the commissioner to 18.62 contract with the board of trustees of 18.63 the Minnesota state colleges and 18.64 universities to provide tuition waivers 18.65 to employees of health care and human 19.1 services providers located in the state 19.2 that are members of qualifying 19.3 consortia operating under Minnesota 19.4 Statutes, sections 116L.10 to 116L.15. 19.5 This is a one-time appropriation. 19.6 (5) Of the amounts in clause (1), 19.7 $320,000 in fiscal year 2001 is for 19.8 training job counselors about the MFIP 19.9 program. For fiscal years 2002 and 19.10 2003 the commissioner of finance shall 19.11 ensure that the base level funding for 19.12 employment services includes $320,000 19.13 each year for this activity. The 19.14 appropriations in this clause shall not 19.15 become part of the base for the 19.16 2004-2005 biennium. 19.17 (6) Of the amounts in clause (1), 19.18 $1,000,000 in fiscal year 2001 is for 19.19 out-of-wedlock pregnancy prevention 19.20 funds to serve children in 19.21 TANF-eligible families under Minnesota 19.22 Statutes, section 256K.35. For fiscal 19.23 years 2002 and 2003 the commissioner of 19.24 finance shall ensure that the base 19.25 level funding for this program is 19.26 $1,000,000 each year. The 19.27 appropriations in this clause shall not 19.28 become part of the base for the 19.29 2004-2005 biennium. 19.30 (7) Of the amounts in clause (1), 19.31 $1,000,000 in fiscal year 2001 is to 19.32 provide services to TANF-eligible 19.33 families who are participating in the 19.34 supportive housing and managed care 19.35 pilot project under Minnesota Statutes, 19.36 section 256K.25. For fiscal years 2002 19.37 and 2003 the commissioner of finance 19.38 shall ensure that the base level 19.39 funding for this project is $1,000,000 19.40 each year. The appropriations in this 19.41 clause shall not become part of the 19.42 base for this project for the 2004-2005 19.43 biennium. 19.44 [TANF TRANSFER TO CHILD CARE BLOCK 19.45 GRANT.] $651,000 in fiscal year 2001 is 19.46 transferred from the state's federal 19.47 TANF block grant to the state's federal 19.48 child care development fund block 19.49 grant, and is appropriated to the 19.50 commissioner of children, families, and 19.51 learning for the purposes of Minnesota 19.52 Statutes, section 119B.05. 19.53 [TANF TRANSFER TO SOCIAL SERVICES.] 19.54 $7,500,000is transferredfrom the 19.55 state's federal TANF block grant is 19.56 appropriated to the commissioner of 19.57 human services for transfer to the 19.58 state's federal Title XX block grant in 19.59 fiscal year 2001 and in fiscal year 19.60 2002, for purposes of increasing 19.61 services for families with children 19.62 whose incomes are at or below 200 19.63 percent of the federal poverty 19.64 guidelines. Notwithstanding section 6, 19.65 this paragraph expires June 30, 2002. 20.1 [TANF MOE.] (a) In order to meet the 20.2 basic maintenance of effort (MOE) 20.3 requirements of the TANF block grant 20.4 specified under United States Code, 20.5 title 42, section 609(a)(7), the 20.6 commissioner may only report nonfederal 20.7 money expended for allowable activities 20.8 listed in the following clauses as TANF 20.9 MOE expenditures: 20.10 (1) MFIP cash and food assistance 20.11 benefits under Minnesota Statutes, 20.12 chapter 256J; 20.13 (2) the child care assistance programs 20.14 under Minnesota Statutes, sections 20.15 119B.03 and 119B.05, and county child 20.16 care administrative costs under 20.17 Minnesota Statutes, section 119B.15; 20.18 (3) state and county MFIP 20.19 administrative costs under Minnesota 20.20 Statutes, chapters 256J and 256K; 20.21 (4) state, county, and tribal MFIP 20.22 employment services under Minnesota 20.23 Statutes, chapters 256J and 256K; and 20.24 (5) expenditures made on behalf of 20.25 noncitizen MFIP recipients who qualify 20.26 for the medical assistance without 20.27 federal financial participation program 20.28 under Minnesota Statutes, section 20.29 256B.06, subdivision 4, paragraphs (d), 20.30 (e), and (j). 20.31 (b) The commissioner shall ensure that 20.32 sufficient qualified nonfederal 20.33 expenditures are made each year to meet 20.34 the state's TANF MOE requirements. For 20.35 the activities listed in paragraph (a), 20.36 clauses (2) to (6), the commissioner 20.37 may only report expenditures that are 20.38 excluded from the definition of 20.39 assistance under Code of Federal 20.40 Regulations, title 45, section 260.31. 20.41 If nonfederal expenditures for the 20.42 programs and purposes listed in 20.43 paragraph (a) are insufficient to meet 20.44 the state's TANF MOE requirements, the 20.45 commissioner shall recommend additional 20.46 allowable sources of nonfederal 20.47 expenditures to the legislature, if the 20.48 legislature is or will be in session to 20.49 take action to specify additional 20.50 sources of nonfederal expenditures for 20.51 TANF MOE before a federal penalty is 20.52 imposed. The commissioner shall 20.53 otherwise provide notice to the 20.54 legislative commission on planning and 20.55 fiscal policy under paragraph (d). 20.56 (c) If the commissioner uses authority 20.57 granted under Laws 1999, chapter 245, 20.58 article 1, section 10, or similar 20.59 authority granted by a subsequent 20.60 legislature, to meet the state's TANF 20.61 MOE requirements in a reporting period, 20.62 the commissioner shall inform the 20.63 chairs of the appropriate legislative 20.64 committees about all transfers made 21.1 under that authority for this purpose. 21.2 (d) If the commissioner determines that 21.3 nonfederal expenditures for the 21.4 programs under Minnesota Statutes, 21.5 section 256J.025, are insufficient to 21.6 meet TANF MOE expenditure requirements, 21.7 and if the legislature is not or will 21.8 not be in session to take timely action 21.9 to avoid a federal penalty, the 21.10 commissioner may report nonfederal 21.11 expenditures from other allowable 21.12 sources as TANF MOE expenditures after 21.13 the requirements of this paragraph are 21.14 met. 21.15 The commissioner may report nonfederal 21.16 expenditures in addition to those 21.17 specified under paragraph (a) as 21.18 nonfederal TANF MOE expenditures, but 21.19 only ten days after the commissioner of 21.20 finance has first submitted the 21.21 commissioner's recommendations for 21.22 additional allowable sources of 21.23 nonfederal TANF MOE expenditures to the 21.24 members of the legislative commission 21.25 on planning and fiscal policy for their 21.26 review. 21.27 (e) The commissioner of finance shall 21.28 not incorporate any changes in federal 21.29 TANF expenditures or nonfederal 21.30 expenditures for TANF MOE that may 21.31 result from reporting additional 21.32 allowable sources of nonfederal TANF 21.33 MOE expenditures under the interim 21.34 procedures in paragraph (d) into the 21.35 February or November forecasts required 21.36 under Minnesota Statutes, section 21.37 16A.103, unless the commissioner of 21.38 finance has approved the additional 21.39 sources of expenditures under paragraph 21.40 (d). 21.41 (f) The provisions of paragraphs (a) to 21.42 (e) supersede any contrary provisions 21.43 in Laws 1999, chapter 245, article 1, 21.44 section 2, subdivision 10. 21.45 (g) The provisions of Minnesota 21.46 Statutes, section 256.011, subdivision 21.47 3, which require that federal grants or 21.48 aids secured or obtained under that 21.49 subdivision be used to reduce any 21.50 direct appropriations provided by law 21.51 do not apply if the grants or aids are 21.52 federal TANF funds. 21.53 (h) Notwithstanding section 6 of this 21.54 article, paragraphs (a) to (g) expire 21.55 June 30, 2003. 21.56 (i) Paragraphs (a) to (h) are effective 21.57 the day following final enactment. 21.58 (a) Assistance to Families Grants 21.59 9,628,000 (2,305,000) 21.60 (b) Work Grants 22.1 -0- (250,000) 22.2 (c) AFDC and Other Assistance 22.3 20,000,000 30,734,000 22.4 [TRANSFERS TO MINNESOTA HOUSING FINANCE 22.5 AGENCY.] (a) By June 30, 2001, the 22.6 commissioner shall transfer $50,000,000 22.7 of the general funds appropriated under 22.8 this paragraph to the Minnesota housing 22.9 finance agency for transfer to the 22.10 housing development fund. The program 22.11 funded by this transfer shall be known 22.12 as the "Bruce F. Vento Year 2000 22.13 Affordable Housing Program." Up to 22.14$15,000,000$20,000,000 may be 22.15 transferred in fiscal year 2000. 22.16 (b) Of the funds transferred in 22.17 paragraph (a), $5,000,000 in fiscal 22.18 year 2001 and $15,000,000 in fiscal 22.19 year 2002 is for a loan to Habitat for 22.20 Humanity of Minnesota, Inc. The loan 22.21 shall be an interest-free deferred 22.22 loan. The loan shall become due and 22.23 payable in the event and to the extent 22.24 that Habitat for Humanity of Minnesota, 22.25 Inc. does not invest repayments and 22.26 prepayment of mortgage loans financed 22.27 with this appropriation in new 22.28 mortgages for additional homebuyers 22.29 through Habitat for Humanity of 22.30 Minnesota, Inc. To the extent 22.31 practicable, funding must be allocated 22.32 to Habitat for Humanity chapters on the 22.33 basis of the number of MFIP households 22.34 residing within a chapter's service 22.35 area compared to the statewide total of 22.36 MFIP households and on the basis of a 22.37 chapter's capacity. 22.38 (c) Of the funds transferred in 22.39 paragraph (a), $15,000,000 in fiscal 22.40 year 2001 and $15,000,000 in fiscal 22.41 year 2002 is for the affordable rental 22.42 investment fund program under Minnesota 22.43 Statutes, section 462A.21, subdivision 22.44 8b. To the extent practicable, the 22.45 number of units financed with the 22.46 appropriation under this paragraph 22.47 within a city, county, or region shall 22.48 reflect the number of MFIP households 22.49 residing within the city, county, or 22.50 region compared to the statewide total 22.51 of MFIP households. This appropriation 22.52 must be used to finance rental housing 22.53 units that serve families: 22.54 (1) receiving MFIP benefits under 22.55 Minnesota Statutes, section 256J.01, or 22.56 its successor program; and 22.57 (2) who have lost eligibility for MFIP 22.58 due to increased income from employment 22.59 or due to the collection of child or 22.60 spousal support under part D of title 22.61 IV of the Social Security Act. 22.62 Units produced with this appropriation 22.63 must remain affordable for a 30-year 23.1 period. 23.2 In order to coordinate the availability 23.3 of housing developed with the 23.4 appropriation under this paragraph with 23.5 MFIP families in need of affordable 23.6 housing, the commissioner of the 23.7 Minnesota housing finance agency, with 23.8 the assistance of the commissioner of 23.9 human services, shall establish 23.10 cooperative relationships with county 23.11 agencies as defined in Minnesota 23.12 Statutes, section 256J.08, local 23.13 employment and training service 23.14 providers as defined in Minnesota 23.15 Statutes, section 256J.49, local social 23.16 service agencies, or other 23.17 organizations that provide assistance 23.18 to MFIP households. 23.19 The commissioner of the Minnesota 23.20 housing finance agency shall develop 23.21 strategies to promote occupancy of the 23.22 units financed by the appropriation 23.23 under this paragraph by households most 23.24 in need of subsidized housing. The 23.25 strategies shall include provisions 23.26 that encourage households to move into 23.27 homeownership or unsubsidized housing 23.28 as the household secures stable 23.29 employment and achieves 23.30 self-sufficiency. The commissioner of 23.31 the Minnesota housing finance agency 23.32 shall consult with interested parties 23.33 in developing these strategies. 23.34 (d) The commissioner of the Minnesota 23.35 housing finance agency and the 23.36 commissioner of human services shall 23.37 jointly prepare and submit a report to 23.38 the governor and the legislature on the 23.39 results of the funding provided under 23.40 this section. The report shall include: 23.41 (1) information on the number of units 23.42 produced; 23.43 (2) the household size and income of 23.44 the occupants of the units at initial 23.45 occupancy; and 23.46 (3) to the extent the information is 23.47 available, measures related to the 23.48 occupants' attachment to the workforce 23.49 and public assistance usage, and number 23.50 of occupant moves. 23.51 The report must be submitted annually 23.52 beginning January 15, 2003. 23.53 (e) Section 6, sunset of uncodified 23.54 language, does not apply to paragraphs 23.55 (a) to (d). Paragraphs (a) to (d) are 23.56 effective the day following final 23.57 enactment. 23.58 [WORKING FAMILY CREDIT.] (a) On a 23.59 regular basis, the commissioner of 23.60 revenue, with the assistance of the 23.61 commissioner of human services, shall 23.62 calculate the value of the refundable 24.1 portion of the Minnesota working family 24.2 credits provided under Minnesota 24.3 Statutes, section 290.0671, that 24.4 qualifies for federal reimbursement 24.5 from the temporary assistance to needy 24.6 families block grant. The commissioner 24.7 of revenue shall provide the 24.8 commissioner of human services with 24.9 such expenditure records and 24.10 information as are necessary to support 24.11 draws of federal funds. The 24.12 commissioner of human services shall 24.13 reimburse the commissioner of revenue 24.14 for the costs of providing the 24.15 information required by this paragraph. 24.16 (b) Federal TANF funds, as specified in 24.17 this paragraph, are appropriated to the 24.18 commissioner of human services based on 24.19 calculations under paragraph (a) of 24.20 working family tax credit expenditures 24.21 that qualify for reimbursement from the 24.22 TANF block grant for income tax refunds 24.23 payable in federal fiscal years 24.24 beginning October 1, 1999. The draws 24.25 of federal TANF funds shall be made on 24.26 a regular basis based on calculations 24.27 of credit expenditures by the 24.28 commissioner of revenue. Up to the 24.29 following amounts of federal TANF draws 24.30 are appropriated to the commissioner of 24.31 human services to deposit into the 24.32 general fund: in fiscal year 2000, 24.33$30,957,000$20,000,000; and in fiscal 24.34 year 2001,$33,895,000$40,449,000. 24.35 (d) General Assistance 24.36 557,000 (3,134,000) 24.37 (e) Minnesota Supplemental Aid 24.38 324,000 323,000 24.39 Sec. 15. [CORRECTION 14B.] Minnesota Statutes 1999 24.40 Supplement, section 256B.431, subdivision 28, as amended by Laws 24.41 2000, chapter 488, article 9, section 19, is amended to read: 24.42 Subd. 28. [NURSING FACILITY RATE INCREASES BEGINNING JULY 24.43 1, 1999, AND JULY 1, 2000.] (a) For the rate years beginning 24.44 July 1, 1999, and July 1, 2000, the commissioner shall make 24.45 available to each nursing facility reimbursed under this section 24.46 or section 256B.434 an adjustment to the total operating payment 24.47 rate. For nursing facilities reimbursed under this section or 24.48 section 256B.434, the July 1, 2000, operating payment rate 24.49 increases provided in this subdivision shall be applied to each 24.50 facility's June 30, 2000, operating payment rate. For each 24.51 facility, total operating costs shall be separated into costs 24.52 that are compensation related and all other costs. 25.1 Compensation-related costs include salaries, payroll taxes, and 25.2 fringe benefits for all employees except management fees, the 25.3 administrator, and central office staff. 25.4 (b) For the rate year beginning July 1, 1999, the 25.5 commissioner shall make available a rate increase for 25.6 compensation-related costs of 4.843 percent and a rate increase 25.7 for all other operating costs of 3.446 percent. 25.8 (c) For the rate year beginning July 1, 2000, the 25.9 commissioner shall make available: 25.10 (1) a rate increase for compensation-related costs of 3.632 25.11 percent; 25.12 (2) an additional rate increase for each case mix payment 25.13 rate which must be used to increase the per-hour pay rate of all 25.14 employees except management fees, the administrator, and central 25.15 office staff by an equal dollar amount and to pay associated 25.16 costs for FICA, the Medicare tax, workers' compensation 25.17 premiums, and federal and state unemployment insurance, to be 25.18 calculated according to clauses (i) to (iii): 25.19 (i) the commissioner shall calculate the arithmetic mean of 25.20 the eleven June 30, 2000, operating rates for each facility; 25.21 (ii) the commissioner shall construct an array of nursing 25.22 facilities from highest to lowest, according to the arithmetic 25.23 mean calculated in clause (i). A numerical rank shall be 25.24 assigned to each facility in the array. The facility with the 25.25 highest mean shall be assigned a numerical rank of one. The 25.26 facility with the lowest mean shall be assigned a numerical rank 25.27 equal to the total number of nursing facilities in the array. 25.28 All other facilities shall be assigned a numerical rank in 25.29 accordance with their position in the array; 25.30 (iii) the amount of the additional rate increase shall be 25.31 $1 plus an amount equal to $3.13 multiplied by the ratio of the 25.32 facility's numeric rank divided by the number of facilities in 25.33 the array; and 25.34 (3) a rate increase for all other operating costs of 2.585 25.35 percent. 25.36 Money received by a facility as a result of the additional 26.1 rate increase provided under clause (2) shall be used only for 26.2 wage increases implemented on or after July 1, 2000, and shall 26.3 not be used for wage increases implemented prior to that date. 26.4 (d) The payment rate adjustment for each nursing facility 26.5 must be determined under clause (1) or (2): 26.6 (1) for each nursing facility that reports salaries for 26.7 registered nurses, licensed practical nurses, aides, orderlies, 26.8 and attendants separately, the commissioner shall determine the 26.9 payment rate adjustment using the categories specified in 26.10 paragraph (a) multiplied by the rate increases specified in 26.11 paragraph (b) or (c), and then dividing the resulting amount by 26.12 the nursing facility's actual resident days. In determining the 26.13 amount of a payment rate adjustment for a nursing facility 26.14 reimbursed under section 256B.434, the commissioner shall 26.15 determine the proportions of the facility's rates that are 26.16 compensation-related costs and all other operating costs based 26.17 on the facility's most recent cost report; and 26.18 (2) for each nursing facility that does not report salaries 26.19 for registered nurses, licensed practical nurses, aides, 26.20 orderlies, and attendants separately, the payment rate 26.21 adjustment shall be computed using the facility's total 26.22 operating costs, separated into the categories specified in 26.23 paragraph (a) in proportion to the weighted average of all 26.24 facilities determined under clause (1), multiplied by the rate 26.25 increases specified in paragraph (b) or (c), and then dividing 26.26 the resulting amount by the nursing facility's actual resident 26.27 days. 26.28 (e) A nursing facility may apply for the 26.29 compensation-related payment rate adjustment calculated under 26.30 this subdivision. The application must be made to the 26.31 commissioner and contain a plan by which the nursing facility 26.32 will distribute the compensation-related portion of the payment 26.33 rate adjustment to employees of the nursing facility. For 26.34 nursing facilities in which the employees are represented by an 26.35 exclusive bargaining representative, an agreement negotiated and 26.36 agreed to by the employer and the exclusive bargaining 27.1 representative constitutes the plan. For the second rate year, 27.2 a negotiated agreement constitutes the plan only if the 27.3 agreement is finalized after the date of enactment of all rate 27.4 increases for the second rate year. The commissioner shall 27.5 review the plan to ensure that the payment rate adjustment per 27.6 diem is used as provided in paragraphs (a) to (c). To be 27.7 eligible, a facility must submit its plan for the compensation 27.8 distribution by December 31 each year. A facility may amend its 27.9 plan for the second rate year by submitting a revised plan by 27.10 December 31, 2000. If a facility's plan for compensation 27.11 distribution is effective for its employees after July 1 of the 27.12 year that the funds are available, the payment rate adjustment 27.13 per diem shall be effective the same date as its plan. 27.14 (f) A copy of the approved distribution plan must be made 27.15 available to all employees. This must be done by giving each 27.16 employee a copy or by posting it in an area of the nursing 27.17 facility to which all employees have access. If an employee 27.18 does not receive the compensation adjustment described in their 27.19 facility's approved plan and is unable to resolve the problem 27.20 with the facility's management or through the employee's union 27.21 representative, the employee may contact the commissioner at an 27.22 address or phone number provided by the commissioner and 27.23 included in the approved plan. 27.24 (g) If the reimbursement system under section 256B.435 is 27.25 not implemented until July 1, 2001, the salary adjustment per 27.26 diem authorized in subdivision 2i, paragraph (c), shall continue 27.27 until June 30, 2001. 27.28 (h) For the rate year beginning July 1, 1999, the following 27.29 nursing facilities shall be allowed a rate increase equal to 67 27.30 percent of the rate increase that would be allowed if 27.31 subdivision 26, paragraph (a), was not applied: 27.32 (1) a nursing facility in Carver county licensed for 33 27.33 nursing home beds and four boarding care beds; 27.34 (2) a nursing facility in Faribault county licensed for 159 27.35 nursing home beds on September 30, 1998; and 27.36 (3) a nursing facility in Houston county licensed for 68 28.1 nursing home beds on September 30, 1998. 28.2 (i) For the rate year beginning July 1, 1999, the following 28.3 nursing facilities shall be allowed a rate increase equal to 67 28.4 percent of the rate increase that would be allowed if 28.5 subdivision 26, paragraphs (a) and (b), were not applied: 28.6 (1) a nursing facility in Chisago county licensed for 135 28.7 nursing home beds on September 30, 1998; and 28.8 (2) a nursing facility in Murray county licensed for 62 28.9 nursing home beds on September 30, 1998. 28.10 (j) For the rate year beginning July 1, 1999, a nursing 28.11 facility in Hennepin county licensed for 134 beds on September 28.12 30, 1998, shall: 28.13 (1) have the prior year's allowable care-related per diem 28.14 increased by $3.93 and the prior year's other operating cost per 28.15 diem increased by $1.69 before adding the inflation in 28.16 subdivision 26, paragraph (d), clause (2); and 28.17 (2) be allowed a rate increase equal to 67 percent of the 28.18 rate increase that would be allowed if subdivision 26, 28.19 paragraphs (a) and (b), were not applied. 28.20 The increases provided in paragraphs (h), (i), and (j) 28.21 shall be included in the facility's total payment rates for the 28.22 purposes of determining future rates under this section or any 28.23 other section. 28.24 Sec. 16. [CORRECTION 14C.] Minnesota Statutes 1998, 28.25 section 256B.501, subdivision 13, as added by Laws 2000, chapter 28.26 488, article 9, section 23, is amended to read: 28.27 Subd. 13. [ICF/MR RATE INCREASES BEGINNING OCTOBER 1, 28.28 1999, AND OCTOBER 1, 2000.] (a) For the rate years beginning 28.29 October 1, 1999, and October 1, 2000, the commissioner shall 28.30 make available to each facility reimbursed under this section, 28.31 section 256B.5011, and Laws 1993, First Special Session chapter 28.32 1, article 4, section 11, an adjustment to the total operating 28.33 payment rate. For each facility, total operating costs shall be 28.34 separated into costs that are compensation related and all other 28.35 costs. "Compensation-related costs" means the facility's 28.36 allowable program operating cost category employee training 29.1 expenses and the facility's allowable salaries, payroll taxes, 29.2 and fringe benefits. The term does not include these same 29.3 salary-related costs for both administrative or central office 29.4 employees. 29.5 For the purpose of determining the adjustment to be granted 29.6 under this subdivision, the commissioner must use the most 29.7 recent cost report that has been subject to desk audit. 29.8 (b) For the rate year beginning October 1, 1999, the 29.9 commissioner shall make available a rate increase for 29.10 compensation-related costs of 4.6 percent and a rate increase 29.11 for all other operating costs of 3.2 percent. 29.12 (c) For the rate year beginning October 1, 2000, the 29.13 commissioner shall make available: 29.14 (1) a rate increase for compensation related costs of6.529.15 6.6 percent, 45 percent of which shall be used to increase the 29.16 per-hour pay rate of all employees except administrative and 29.17 central office employees by an equal dollar amount and to pay 29.18 associated costs for FICA, the Medicare tax, workers' 29.19 compensation premiums, and federal and state unemployment 29.20 insurance provided that this portion of the compensation-related 29.21 increase shall be used only for wage increases implemented on or 29.22 after October 1, 2000, and shall not be used for wage increases 29.23 implemented prior to that date; and 29.24 (2) a rate increase for all other operating costs of two 29.25 percent. 29.26 (d) For each facility, the commissioner shall determine the 29.27 payment rate adjustment using the categories specified in 29.28 paragraph (a) multiplied by the rate increases specified in 29.29 paragraph (b) or (c), and then dividing the resulting amount by 29.30 the facility's actual resident days. 29.31 (e) Any facility whose payment rates are governed by 29.32 closure agreements, receivership agreements, or Minnesota Rules, 29.33 part 9553.0075, are not eligible for an adjustment otherwise 29.34 granted under this subdivision. 29.35 (f) A facility may apply for the compensation-related 29.36 payment rate adjustment calculated under this subdivision. The 30.1 application must be made to the commissioner and contain a plan 30.2 by which the facility will distribute the compensation-related 30.3 portion of the payment rate adjustment to employees of the 30.4 facility. For facilities in which the employees are represented 30.5 by an exclusive bargaining representative, an agreement 30.6 negotiated and agreed to by the employer and the exclusive 30.7 bargaining representative constitutes the plan. For the second 30.8 rate year, a negotiated agreement may constitute the plan only 30.9 if the agreement is finalized after the date of enactment of all 30.10 rate increases for the second rate year. The commissioner shall 30.11 review the plan to ensure that the payment rate adjustment per 30.12 diem is used as provided in this subdivision. To be eligible, a 30.13 facility must submit its plan for the compensation distribution 30.14 by December 31 each year. A facility may amend its plan for the 30.15 second rate year by submitting a revised plan by December 31, 30.16 2000. If a facility's plan for compensation distribution is 30.17 effective for its employees after October 1 of the year that the 30.18 funds are available, the payment rate adjustment per diem shall 30.19 be effective the same date as its plan. 30.20 (g) A copy of the approved distribution plan must be made 30.21 available to all employees. This must be done by giving each 30.22 employee a copy or by posting it in an area of the facility to 30.23 which all employees have access. If an employee does not 30.24 receive the compensation adjustment described in their 30.25 facility's approved plan and is unable to resolve the problem 30.26 with the facility's management or through the employee's union 30.27 representative, the employee may contact the commissioner at an 30.28 address or telephone number provided by the commissioner and 30.29 included in the approved plan. 30.30 Sec. 17. [CORRECTION 14D.] Laws 1999, chapter 245, article 30.31 1, section 2, subdivision 8, as amended by Laws 2000, chapter 30.32 488, article 9, section 29, is amended to read: 30.33 Subd. 8. Continuing Care and 30.34 Community Support Grants 30.35 General 1,174,195,000 1,259,767,000 30.36 Lottery Prize 1,158,000 1,158,000 31.1 The amounts that may be spent from this 31.2 appropriation for each purpose are as 31.3 follows: 31.4 (a) Community Social Services 31.5 Block Grants 31.6 42,597,000 43,498,000 31.7 [CSSA TRADITIONAL APPROPRIATION.] 31.8 Notwithstanding Minnesota Statutes, 31.9 section 256E.06, subdivisions 1 and 2, 31.10 the appropriations available under that 31.11 section in fiscal years 2000 and 2001 31.12 must be distributed to each county 31.13 proportionately to the aid received by 31.14 the county in calendar year 1998. The 31.15 commissioner, in consultation with 31.16 counties, shall study the formula 31.17 limitations in subdivision 2 of that 31.18 section, and report findings and any 31.19 recommendations for revision of the 31.20 CSSA formula and its formula limitation 31.21 provisions to the legislature by 31.22 January 15, 2000. 31.23 (b) Consumer Support Grants 31.24 1,123,000 1,123,000 31.25 (c) Aging Adult Service Grants 31.26 7,965,000 7,765,000 31.27 [LIVING-AT-HOME/BLOCK NURSE PROGRAM.] 31.28 Of the general fund appropriation, 31.29 $120,000 in fiscal year 2000 and 31.30 $120,000 in fiscal year 2001 is for the 31.31 commissioner to provide funding to six 31.32 additional living-at-home/block nurse 31.33 programs. This appropriation shall 31.34 become part of the base for the 31.35 2002-2003 biennium. 31.36 [MINNESOTA SENIOR SERVICE CORPS.] Of 31.37 this appropriation, $160,000 for the 31.38 biennium is from the general fund to 31.39 the commissioner for the following 31.40 purposes: 31.41 (a) $40,000 in fiscal year 2000 and 31.42 $40,000 in fiscal year 2001 is to 31.43 increase the hourly stipend by ten 31.44 cents per hour in the foster 31.45 grandparent program, the retired and 31.46 senior volunteer program, and the 31.47 senior companion program. 31.48 (b) $40,000 in fiscal year 2000 and 31.49 $40,000 in fiscal year 2001 is for a 31.50 grant to the tri-valley opportunity 31.51 council in Crookston to expand services 31.52 in the ten-county area of northwestern 31.53 Minnesota. 31.54 (c) This appropriation shall become 31.55 part of the base for the 2002-2003 31.56 biennium. 31.57 [HEALTH INSURANCE COUNSELING.] Of this 31.58 appropriation, $100,000 in fiscal year 32.1 2000 and $100,000 in fiscal year 2001 32.2 is from the general fund to the 32.3 commissioner to transfer to the board 32.4 on aging for the purpose of awarding 32.5 health insurance counseling and 32.6 assistance grants to the area agencies 32.7 on aging providing state-funded health 32.8 insurance counseling services. Access 32.9 to health insurance counseling programs 32.10 shall be provided by the senior linkage 32.11 line service of the board on aging and 32.12 the area agencies on aging. The board 32.13 on aging shall explore opportunities 32.14 for obtaining alternative funding from 32.15 nonstate sources, including 32.16 contributions from individuals seeking 32.17 health insurance counseling services. 32.18 This is a one-time appropriation and 32.19 shall not become part of base level 32.20 funding for this activity for the 32.21 2002-2003 biennium. 32.22 (d) Deaf and Hard-of-Hearing 32.23 Services Grants 32.24 1,859,000 1,760,000 32.25 [SERVICES TO DEAF PERSONS WITH MENTAL 32.26 ILLNESS.] Of this appropriation, 32.27 $100,000 each year is to the 32.28 commissioner for a grant to a nonprofit 32.29 agency that currently serves deaf and 32.30 hard-of-hearing adults with mental 32.31 illness through residential programs 32.32 and supported housing outreach. The 32.33 grant must be used to operate a 32.34 community support program for persons 32.35 with mental illness that is 32.36 communicatively accessible for persons 32.37 who are deaf or hard-of-hearing. This 32.38 is a one-time appropriation and shall 32.39 not become part of base level funding 32.40 for this activity for the 2002-2003 32.41 biennium. 32.42 [DEAF-BLIND ORIENTATION AND MOBILITY 32.43 SERVICES.] Of this appropriation, 32.44 $120,000 for the biennium is to the 32.45 commissioner for a grant to DeafBlind 32.46 Services Minnesota to hire an 32.47 orientation, mobility, and deaf-blind 32.48 specialist to work with deaf-blind 32.49 people and for related costs. The 32.50 specialist will provide services to 32.51 deaf-blind Minnesotans, and training to 32.52 teachers and rehabilitation counselors, 32.53 on a statewide basis. This 32.54 appropriation shall become part of base 32.55 level funding for this activity for the 32.56 2002-2003 biennium only and shall not 32.57 be part of the base for the 2004-2005 32.58 biennium. Notwithstanding section 13, 32.59 this paragraph expires on June 30, 2003. 32.60 (e) Mental Health Grants 32.61 General 45,169,000 46,528,000 32.62 Lottery Prize 1,158,000 1,158,000 32.63 [CRISIS HOUSING.] Of the general fund 33.1 appropriation, $126,000 in fiscal year 33.2 2000 and $150,000 in fiscal year 2001 33.3 is to the commissioner for the adult 33.4 mental illness crisis housing 33.5 assistance program under Minnesota 33.6 Statutes, section 245.99. This 33.7 appropriation shall become part of the 33.8 base for the 2002-2003 biennium. 33.9 [ADOLESCENT COMPULSIVE GAMBLING GRANT.] 33.10 $150,000 in fiscal year 2000 and 33.11 $150,000 in fiscal year 2001 is 33.12 appropriated from the lottery prize 33.13 fund created under Minnesota Statutes, 33.14 section 349A.10, subdivision 2, to the 33.15 commissioner for the purposes of a 33.16 grant to a compulsive gambling council 33.17 located in St. Louis county for a 33.18 statewide compulsive gambling 33.19 prevention and education project for 33.20 adolescents. 33.21 (f) Developmental Disabilities 33.22 Community Support Grants 33.23 9,323,000 10,958,000 33.24 [CRISIS INTERVENTION PROJECT.] Of this 33.25 appropriation, $40,000 in fiscal year 33.26 2000 is to the commissioner for the 33.27 action, support, and prevention project 33.28 of southeastern Minnesota. 33.29 [SILS FUNDING.] Of this appropriation, 33.30 $1,000,000 each year is for 33.31 semi-independent living services under 33.32 Minnesota Statutes, section 252.275. 33.33 This appropriation must be added to the 33.34 base level funding for this activity 33.35 for the 2002-2003 biennium. Unexpended 33.36 funds for fiscal year 2000 do not 33.37 cancel but are available to the 33.38 commissioner for this purpose in fiscal 33.39 year 2001. 33.40 [FAMILY SUPPORT GRANTS.] Of this 33.41 appropriation, $1,000,000 in fiscal 33.42 year 2000 and $2,500,000 in fiscal year 33.43 2001 is to increase the availability of 33.44 family support grants under Minnesota 33.45 Statutes, section 252.32. This 33.46 appropriation must be added to the base 33.47 level funding for this activity for the 33.48 2002-2003 biennium. Unexpended funds 33.49 for fiscal year 2000 do not cancel but 33.50 are available to the commissioner for 33.51 this purpose in fiscal year 2001. 33.52 (g) Medical Assistance Long-Term 33.53 Care Waivers and Home Care 33.54 349,052,000 414,240,000 33.55 [PROVIDER RATE INCREASES.] (a) The 33.56 commissioner shall increase 33.57 reimbursement rates by four percent the 33.58 first year of the biennium and by 33.595.9six percent the second year for the 33.60 providers listed in paragraph (b). The 33.61 increases shall be effective for 33.62 services rendered on or after July 1 of 34.1 each year. 34.2 (b) The rate increases described in 34.3 this section shall be provided to home 34.4 and community-based waivered services 34.5 for persons with mental retardation or 34.6 related conditions under Minnesota 34.7 Statutes, section 256B.501; home and 34.8 community-based waivered services for 34.9 the elderly under Minnesota Statutes, 34.10 section 256B.0915; waivered services 34.11 under community alternatives for 34.12 disabled individuals under Minnesota 34.13 Statutes, section 256B.49; community 34.14 alternative care waivered services 34.15 under Minnesota Statutes, section 34.16 256B.49; traumatic brain injury 34.17 waivered services under Minnesota 34.18 Statutes, section 256B.49; nursing 34.19 services and home health services under 34.20 Minnesota Statutes, section 256B.0625, 34.21 subdivision 6a; personal care services 34.22 and nursing supervision of personal 34.23 care services under Minnesota Statutes, 34.24 section 256B.0625, subdivision 19a; 34.25 private-duty nursing services under 34.26 Minnesota Statutes, section 256B.0625, 34.27 subdivision 7; day training and 34.28 habilitation services for adults with 34.29 mental retardation or related 34.30 conditions under Minnesota Statutes, 34.31 sections 252.40 to 252.46; alternative 34.32 care services under Minnesota Statutes, 34.33 section 256B.0913; adult residential 34.34 program grants under Minnesota Rules, 34.35 parts 9535.2000 to 9535.3000; adult and 34.36 family community support grants under 34.37 Minnesota Rules, parts 9535.1700 to 34.38 9535.1760; semi-independent living 34.39 services under Minnesota Statutes, 34.40 section 252.275, including SILS funding 34.41 under county social services grants 34.42 formerly funded under Minnesota 34.43 Statutes, chapter 256I; and community 34.44 support services for deaf and 34.45 hard-of-hearing adults with mental 34.46 illness who use or wish to use sign 34.47 language as their primary means of 34.48 communication. 34.49 (c) The commissioner shall increase 34.50 reimbursement rates by two percent for 34.51 the group residential housing 34.52 supplementary service rate under 34.53 Minnesota Statutes, section 256I.05, 34.54 subdivision 1a, for services rendered 34.55 on or after January 1, 2000. 34.56 (d) Providers that receive a rate 34.57 increase under this section shall use 34.58 at least 80 percent of the additional 34.59 revenue the first year to increase the 34.60 compensation paid to employees other 34.61 than the administrator and central 34.62 office staff. In the second year, 34.63 providers must use the additional 34.64 revenue as follows: 34.65 (1) at least4140 percent to increase 34.66 the compensation paid to employees 34.67 other than the administrator and 35.1 central office staff; 35.2 (2) at least4950 percent to increase 35.3 the per-hour pay rate of all employees 35.4 other than the administrator and 35.5 central office staff by an equal dollar 35.6 amount and to pay associated costs for 35.7 FICA, the Medicare tax, workers' 35.8 compensation premiums, and federal and 35.9 state unemployment insurance. For 35.10 public employees, the portion of this 35.11 increase reserved to increase the 35.12 per-hour pay rate for certain staff by 35.13 an equal dollar amount shall be 35.14 available and pay rates shall be 35.15 increased only to the extent that they 35.16 comply with laws governing public 35.17 employees collective bargaining. Money 35.18 received by a provider as a result of 35.19 the additional rate increase described 35.20 in this clause shall be used only for 35.21 wage increases implemented on or after 35.22 July 1, 2000, and shall not be used for 35.23 wage increases implemented prior to 35.24 that date; and 35.25 (3) up to ten percent for other 35.26 purposes. 35.27 (e) A copy of the provider's plan for 35.28 complying with paragraph (d) must be 35.29 made available to all employees. This 35.30 must be done by giving each employee a 35.31 copy or by posting it in an area of the 35.32 provider's operation to which all 35.33 employees have access. If an employee 35.34 does not receive the salary adjustment 35.35 described in the plan and is unable to 35.36 resolve the problem with the provider, 35.37 the employee may contact the employee's 35.38 union representative. If the employee 35.39 is not covered by a collective 35.40 bargaining agreement, the employee may 35.41 contact the commissioner at a phone 35.42 number provided by the commissioner and 35.43 included in the provider's plan. 35.44 (f) Section 13, sunset of uncodified 35.45 language, does not apply to this 35.46 provision. 35.47 [DEVELOPMENTAL DISABILITIES WAIVER 35.48 SLOTS.] Of this appropriation, 35.49 $1,746,000 in fiscal year 2000 and 35.50 $4,683,000 in fiscal year 2001 is to 35.51 increase the availability of home and 35.52 community-based waiver services for 35.53 persons with mental retardation or 35.54 related conditions. 35.55 (h) Medical Assistance Long-Term 35.56 Care Facilities 35.57 546,228,000 558,349,000 35.58 [MORATORIUM EXCEPTIONS.] Of this 35.59 appropriation, $250,000 in fiscal year 35.60 2000 and $250,000 in fiscal year 2001 35.61 is from the general fund to the 35.62 commissioner for the medical assistance 35.63 costs of moratorium exceptions approved 36.1 by the commissioner of health under 36.2 Minnesota Statutes, section 144A.073. 36.3 Unexpended money appropriated for 36.4 fiscal year 2000 shall not cancel but 36.5 shall be available for fiscal year 2001. 36.6 [NURSING FACILITY OPERATED BY THE RED 36.7 LAKE BAND OF CHIPPEWA INDIANS.] (1) The 36.8 medical assistance payment rates for 36.9 the 47-bed nursing facility operated by 36.10 the Red Lake Band of Chippewa Indians 36.11 must be calculated according to 36.12 allowable reimbursement costs under the 36.13 medical assistance program, as 36.14 specified in Minnesota Statutes, 36.15 section 246.50, and are subject to the 36.16 facility-specific Medicare upper limits. 36.17 (2) In addition, the commissioner shall 36.18 make available an operating payment 36.19 rate adjustment effective July 1, 1999, 36.20 and July 1, 2000, that is equal to the 36.21 adjustment provided under Minnesota 36.22 Statutes, section 256B.431, subdivision 36.23 28. The commissioner must use the 36.24 facility's final 1998 and 1999 Medicare 36.25 cost reports, respectively, to 36.26 calculate the adjustment. The 36.27 adjustment shall be available based on 36.28 a plan submitted and approved according 36.29 to Minnesota Statutes, section 36.30 256B.431, subdivision 28. Section 13, 36.31 sunset of uncodified language, does not 36.32 apply to this paragraph. 36.33 [COSTS RELATED TO FACILITY 36.34 CERTIFICATION.] Of this appropriation, 36.35 $168,000 is for the costs of providing 36.36 one-half the state share of medical 36.37 assistance reimbursement for 36.38 residential and day habilitation 36.39 services under article 3, section 39. 36.40 This amount is available the day 36.41 following final enactment. 36.42 (i) Alternative Care Grants 36.43 General 60,873,000 59,981,000 36.44 [ALTERNATIVE CARE TRANSFER.] Any money 36.45 allocated to the alternative care 36.46 program that is not spent for the 36.47 purposes indicated does not cancel but 36.48 shall be transferred to the medical 36.49 assistance account. 36.50 [PREADMISSION SCREENING AMOUNT.] The 36.51 preadmission screening payment to all 36.52 counties shall continue at the payment 36.53 amount in effect for fiscal year 1999. 36.54 [ALTERNATIVE CARE APPROPRIATION.] The 36.55 commissioner may expend the money 36.56 appropriated for the alternative care 36.57 program for that purpose in either year 36.58 of the biennium. 36.59 (j) Group Residential Housing 36.60 General 66,477,000 70,390,000 37.1 [GROUP RESIDENTIAL FACILITY FOR WOMEN 37.2 IN RAMSEY COUNTY.] (a) Notwithstanding 37.3 Minnesota Statutes 1998, section 37.4 256I.05, subdivision 1d, the new 23-bed 37.5 group residential facility for women in 37.6 Ramsey county, with approval by the 37.7 county agency, may negotiate a 37.8 supplementary service rate in addition 37.9 to the board and lodging rate for 37.10 facilities licensed and registered by 37.11 the Minnesota department of health 37.12 under Minnesota Statutes, section 37.13 15.17. The supplementary service rate 37.14 shall not exceed $564 per person per 37.15 month and the total rate may not exceed 37.16 $1,177 per person per month. 37.17 (b) Of the general fund appropriation, 37.18 $19,000 in fiscal year 2000 and $38,000 37.19 in fiscal year 2001 is to the 37.20 commissioner for the costs associated 37.21 with paragraph (a). This appropriation 37.22 shall become part of the base for the 37.23 2002-2003 biennium. 37.24 (k) Chemical Dependency 37.25 Entitlement Grants 37.26 General 36,751,000 38,847,000 37.27 (l) Chemical Dependency 37.28 Nonentitlement Grants 37.29 General 6,778,000 6,328,000 37.30 [CHEMICAL DEPENDENCY SERVICES.] Of this 37.31 appropriation, $450,000 in fiscal year 37.32 2000 is to the commissioner for 37.33 chemical dependency services to persons 37.34 who qualify under Minnesota Statutes, 37.35 section 254B.04, subdivision 1, 37.36 paragraph (b). 37.37 Sec. 18. [CORRECTION 14E.] Laws 2000, chapter 488, article 37.38 10, section 37, is amended to read: 37.39 Sec. 37. [INCONSISTENT AMENDMENTS.] 37.40 The amendments to Minnesota Statutes, section 256B.501, 37.41 subdivision 13, in section1023 prevail over the amendments to 37.42 that section in 2000 H.F. No. 3557, if enacted. 37.43 Sec. 19. [CORRECTION 15.] Laws 2000, chapter 463, section 37.44 23, subdivision 2, is amended to read: 37.45 Subd. 2. [GAME AND FISH FUND.] (a) $3,591,000 in fiscal 37.46 year 2001 is appropriated from the game and fish fund to the 37.47 commissioner of natural resources for fish and wildlife 37.48 management. At least 87 percent of this appropriation must be 37.49 allocated for field operations. 37.50 (b) $825,000 in fiscal year 2001 is appropriated from the 38.1 game and fish fundisto the commissioner of natural resources 38.2 for enforcement of natural resources laws. 38.3 (c) $12,304,000 in fiscal year 2001 is appropriated from 38.4 the heritage enhancement account in the game and fish fund to 38.5 the commissioner of natural resources for game and fish projects 38.6 on public and private lands. This is a one-time appropriation 38.7 and is from the revenue deposited to the game and fish fund 38.8 under Minnesota Statutes, section 297A.44, subdivision 1, 38.9 paragraph (e), clause (1), and is subject to the restrictions 38.10 contained in paragraph (e). 38.11 Sec. 20. [CORRECTION 16.] Laws 2000, chapter 489, article 38.12 2, section 34, is amended to read: 38.13 Sec. 34. [TRAINING AND EXPERIENCE REPLACEMENT REVENUE.] 38.14 (a) For fiscal year 2001 only, a school district's training 38.15 and experience replacement revenue equals the sum of the 38.16 following: 38.17 (1)the ratio ofthe amount of training and experience 38.18 revenue the district would have received for fiscal year 1999 38.19 calculated using the training and experience index in Minnesota 38.20 Statutes 1996, section 124A.04,to its resident pupil units for38.21that year, times the district's adjusted marginal cost pupil38.22units for fiscal year 2001,times.06.056; plus 38.23 (2) the difference between .47 times the training and 38.24 experience revenue the district would have received for fiscal 38.25 year 1999, calculated using the training and experience index in 38.26 Minnesota Statutes 1996, section 124A.04, and the amount 38.27 calculated in Minnesota Statutes, section 126C.10, subdivision 38.28 5, for fiscal year 2001, but not less than zero. 38.29 (b) This revenue is paid entirely in fiscal year 2001. 38.30 Sec. 21. [CORRECTION 16A.] Minnesota Statutes 1999 38.31 Supplement, section 123B.54, as amended by Laws 2000, chapter 38.32 489, article 5, section 4, is amended to read: 38.33 123B.54 [DEBT SERVICE APPROPRIATION.] 38.34 (a) $33,141,000 in fiscal year 2000, $29,400,000 in fiscal 38.35 year 2001, $26,934,000 in fiscal year 2002, 38.36 and$25,540,000$24,540,000 in fiscal year 2003 and each year 39.1 thereafter is appropriated from the general fund to the 39.2 commissioner of children, families, and learning for payment of 39.3 debt service equalization aid under section 123B.53. 39.4 (b) The appropriations in paragraph (a) must be reduced by 39.5 the amount of any money specifically appropriated for the same 39.6 purpose in any year from any state fund. 39.7 Sec. 22. [CORRECTION 16B.] Laws 1999, chapter 241, article 39.8 2, section 60, subdivision 14, as amended by Laws 2000, chapter 39.9 489, article 3, section 21, is amended to read: 39.10 Subd. 14. [SPECIAL EDUCATION EXCESS COST AID.] For excess 39.11 cost aid: 39.12 $66,032,000 ..... 2000 39.13$89,072,000$89,137,000 ..... 2001 39.14 The 2000 appropriation includes $4,693,000 for 1999 and 39.15 $61,339,000 for 2000. 39.16 The 2001 appropriation includes $6,815,000 for 2000 39.17 and$82,257,000$82,322,000 for 2001. 39.18 Sec. 23. [CORRECTION 16C.] Laws 2000, chapter 489, article 39.19 5, section 28, subdivision 4, is amended to read: 39.20 Subd. 4. [ONE-TIME DEFERRED MAINTENANCE AID.] For one-time 39.21 deferred maintenance aid: 39.22$23,260,000$23,360,000 ..... 2001 39.23 This is a one-time appropriation. 39.24 Sec. 24. [CORRECTION 16D.] Minnesota Statutes 1999 39.25 Supplement, section 125A.76, subdivision 1, as amended by Laws 39.26 2000, chapter 489, article 3, section 11, is amended to read: 39.27 Subdivision 1. [DEFINITIONS.] For the purposes of this 39.28 section, the definitions in this subdivision apply. 39.29 (a) "Base year" for fiscal year 1998 and later fiscal years 39.30 means the second fiscal year preceding the fiscal year for which 39.31 aid will be paid. 39.32 (b) "Basic revenue" has the meaning given it in section 39.33 126C.10, subdivision 2. For the purposes of computing basic 39.34 revenue pursuant to this section, each child with a disability 39.35 shall be counted as prescribed in section 126C.05, subdivision 1. 39.36 (c) "Essential personnel" means teachers, related services, 40.1 and support services staff providing direct services to students. 40.2 (d) "Average daily membership" has the meaning given it in 40.3 section 126C.05. 40.4 (e) "Program growth factor" means 1.08 for fiscal year 40.5 2002, and1.0471.046 for fiscal year 2003 and later. 40.6 Sec. 25. [CORRECTION 17.] Minnesota Statutes 1999 40.7 Supplement, section 245.4871, subdivision 4, as amended by Laws 40.8 2000, chapter 474, section 4, is amended to read: 40.9 Subd. 4. [CASE MANAGEMENT SERVICE PROVIDER.] (a) "Case 40.10 management service provider" means a case manager or case 40.11 manager associate employed by the county or other entity 40.12 authorized by the county board to provide case management 40.13 services specified in subdivision 3 for the child with severe 40.14 emotional disturbance and the child's family. 40.15 (b) A case manager must: 40.16 (1) have experience and training in working with children; 40.17 (2) have at least a bachelor's degree in one of the 40.18 behavioral sciences or a related field including, but not 40.19 limited to, social work, psychology, or nursing from an 40.20 accredited college or university or meet the requirements of 40.21 paragraph (d); 40.22 (3) have experience and training in identifying and 40.23 assessing a wide range of children's needs; 40.24 (4) be knowledgeable about local community resources and 40.25 how to use those resources for the benefit of children and their 40.26 families; and 40.27 (5) meets the supervision and continuing education 40.28 requirements of paragraphs (e), (f), and (g), as applicable. 40.29 (c) A case manager may be a member of any professional 40.30 discipline that is part of the local system of care for children 40.31 established by the county board. 40.32 (d) A case manager without a bachelor's degree must meet 40.33 one of the requirements in clauses (1) to (3): 40.34 (1) have three or four years of experience as a case 40.35 manager associate; 40.36 (2) be a registered nurse without a bachelor's degree who 41.1 has a combination of specialized training in psychiatry and work 41.2 experience consisting of community interaction and involvement 41.3 or community discharge planning in a mental health setting 41.4 totaling three years; or 41.5 (3) be a person who qualified as a case manager under the 41.6 1998 department of human services waiver provision and meets the 41.7 continuing education, supervision, and mentoring requirements in 41.8 this section. 41.9 (e) A case manager with at least 2,000 hours of supervised 41.10 experience in the delivery of mental health services to children 41.11 must receive regular ongoing supervision and clinical 41.12 supervision totaling 38 hours per year, of which at least one 41.13 hour per month must be clinical supervision regarding individual 41.14 service delivery with a case management supervisor. The other 41.15 26 hours of supervision may be provided by a case manager with 41.16 two years of experience. Group supervision may not constitute 41.17 more than one-half of the required supervision hours. 41.18 (f) A case manager without 2,000 hours of supervised 41.19 experience in the delivery of mental health services to children 41.20 with emotional disturbance must: 41.21 (1) begin 40 hours of training approved by the commissioner 41.22 of human services in case management skills and in the 41.23 characteristics and needs of children with severe emotional 41.24 disturbance before beginning to provide case management 41.25 services; and 41.26 (2) receive clinical supervision regarding individual 41.27 service delivery from a mental health professional at least one 41.28 hour each week until the requirement of 2,000 hours of 41.29 experience is met. 41.30 (g) A case manager who is not licensed, registered, or 41.31 certified by a health-related licensing board must receive 30 41.32 hours of continuing education and training in severe emotional 41.33 disturbance and mental health services annually. 41.34 (h) Clinical supervision must be documented in the child's 41.35 record. When the case manager is not a mental health 41.36 professional, the county board must provide or contract for 42.1 needed clinical supervision. 42.2 (i) The county board must ensure that the case manager has 42.3 the freedom to access and coordinate the services within the 42.4 local system of care that are needed by the child. 42.5 (j) A case manager associate (CMA) must: 42.6 (1) work under the direction of a case manager or case 42.7 management supervisor; 42.8 (2) be at least 21 years of age; 42.9 (3) have at least a high school diploma or its equivalent; 42.10 and 42.11 (4) meet one of the following criteria: 42.12 (i) have an associate of arts degree in one of the 42.13 behavioral sciences or human services; 42.14 (ii) be a registered nurse without a bachelor's degree; 42.15 (iii) have three years of life experience as a primary 42.16 caregiver to a child with serious emotional disturbance as 42.17 defined in section 245.4871, subdivision 6, within the previous 42.18 ten years; 42.19 (iv) have 6,000 hours work experience as a nondegreed state 42.20 hospital technician; or 42.21 (v) be a mental health practitioner as defined insection42.22245.462,subdivision 26, clause (2). 42.23 Individuals meeting one of the criteria in items (i) to 42.24 (iv) may qualify as a case manager after four years of 42.25 supervised work experience as a case manager associate. 42.26 Individuals meeting the criteria in item (v) may qualify as a 42.27 case manager after three years of supervised experience as a 42.28 case manager associate. 42.29 (k) Case manager associates must meet the following 42.30 supervision, mentoring, and continuing education requirements; 42.31 (1) have 40 hours of preservice training described under 42.32 paragraph (f), clause (1); 42.33 (2) receive at least 40 hours of continuing education in 42.34 severe emotional disturbance and mental health service annually; 42.35 and 42.36 (3) receive at least five hours of mentoring per week from 43.1 a case management mentor. A "case management mentor" means a 43.2 qualified, practicing case manager or case management supervisor 43.3 who teaches or advises and provides intensive training and 43.4 clinical supervision to one or more case manager associates. 43.5 Mentoring may occur while providing direct services to consumers 43.6 in the office or in the field and may be provided to individuals 43.7 or groups of case manager associates. At least two mentoring 43.8 hours per week must be individual and face-to-face. 43.9 (l) A case management supervisor must meet the criteria for 43.10 a mental health professional as specified in section 245.4871, 43.11 subdivision 27. 43.12 (m) An immigrant who does not have the qualifications 43.13 specified in this subdivision may provide case management 43.14 services to child immigrants with severe emotional disturbance 43.15 of the same ethnic group as the immigrant if the person: 43.16 (1) is currently enrolled in and is actively pursuing 43.17 credits toward the completion of a bachelor's degree in one of 43.18 the behavioral sciences or related fields at an accredited 43.19 college or university; 43.20 (2) completes 40 hours of training as specified in this 43.21 subdivision; and 43.22 (3) receives clinical supervision at least once a week 43.23 until the requirements of obtaining a bachelor's degree and 43.24 2,000 hours of supervised experience are met. 43.25 Sec. 26. [EFFECTIVE DATE.] 43.26 Unless provided otherwise, each section of this act takes 43.27 effect at the time the provision being corrected takes effect.