2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 04/20/2000 | |
1st Engrossment | Posted on 05/22/2000 | |
2nd Engrossment | Posted on 05/22/2000 |
1.1 A bill for an act 1.2 relating to legislative enactments; correcting 1.3 miscellaneous oversights, inconsistencies, 1.4 ambiguities, unintended results, and technical errors; 1.5 amending Minnesota Statutes 1998, sections 161.32, 1.6 subdivision 7, as added; 256B.501, subdivision 13, as 1.7 added; 268.059; 349.163, subdivision 9, as added; 1.8 462A.201, subdivision 2; and 477A.06, subdivision 3, 1.9 as amended; Minnesota Statutes 1999 Supplement, 1.10 sections 123B.54, as amended; 125A.76, subdivision 1, 1.11 as amended; 245.4871, subdivision 4, as amended; 1.12 256B.431, subdivision 28, as amended; 290.01, 1.13 subdivision 19, as amended; and 477A.06, subdivision 1.14 1, as amended; Laws 1999, chapter 241, article 2, 1.15 section 60, subdivision 14, as amended; chapter 243, 1.16 article 1, section 2, as amended; and chapter 245, 1.17 article 1, section 2, subdivision 8, as amended; and 1.18 Laws 2000, chapter 296, section 1; chapter 429, 1.19 section 1; chapter 444, article 1, section 6; chapter 1.20 461, article 17, section 14; chapter 463, section 23, 1.21 subdivision 2; chapter 479, articles 1, section 2, 1.22 subdivision 12; and 2, section 1; chapter 488, 1.23 articles 8, section 2, subdivisions 4 and 6; and 10, 1.24 section 37; chapter 489, articles 2, section 34; 5, 1.25 section 28, subdivision 4; and 6, section 44, 1.26 subdivision 1; and chapter 492, article 1, sections 1; 1.27 5, subdivisions 4 and 5; 12, subdivision 10; 22, 1.28 subdivision 3; 23; 25; and 26, subdivision 1; 1.29 Minnesota Statutes, section 58.135, as added; 2000 1.30 H.F. No. 2891, section 1, if enacted; repealing Laws 1.31 1999, chapter 241, article 1, section 64; and Laws 1.32 2000, chapter 492, article 1, section 7, subdivision 1.33 31. 1.34 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.35 Section 1. Minnesota Statutes 1998, section 268.059, is 1.36 amended to read: 1.37 268.059 [GARNISHMENT FOR DELINQUENT TAXES AND BENEFIT 1.38 OVERPAYMENTS.] 1.39 (a) The commissioner may give notice to any employer that 2.1 an employee owes delinquent taxes, payments in lieu of taxes, or 2.2 overpaid benefits, including penalties, interest, and costs, and 2.3 that the obligation to the department should be withheld from 2.4 the employee's wages. The commissioner may proceed only if the 2.5 tax, payment in lieu of taxes, or benefit overpayment is 2.6 uncontested or if the time for any appeal has expired. The 2.7 commissioner shall not proceed until 30 calendar days after 2.8 mailing to the debtor employee, at the debtor's last known 2.9 address, a written notice of intent to garnish wages and 2.10 exemption notice. That notice shall list: 2.11 (1) the amount of taxes, payments in lieu of taxes, 2.12 overpaid benefits, interest, penalties, or costs due from the 2.13 debtor; 2.14 (2) demand for immediate payment; and 2.15 (3) the intention to serve a garnishment notice on the 2.16 debtor's employer. 2.17 The notice shall expire 180 calendar days after it has been 2.18 mailed to the debtor provided that the notice may be renewed by 2.19 mailing a new notice that is in accordance with this section. 2.20 The renewed notice shall have the effect of reinstating the 2.21 priority of the original notice. The exemption notice shall be 2.22 in substantially the same form as in section 571.72. The notice 2.23 shall inform the debtor of the right to claim exemptions 2.24 contained in section 550.37, subdivision 14. If no written 2.25 claim of exemption is received by the commissioner within 30 2.26 calendar days after mailing of the notice, the commissioner may 2.27 proceed with the garnishment. The notice to the debtor's 2.28 employer may be served by mail and shall be in substantially the 2.29 same form as in section 571.75. Upon receipt of the garnishment 2.30 notice, the employer shall withhold from the earnings due or to 2.31 become due to the employee, the amount shown on the notice plus 2.32 accrued interest, subject to section 571.922. The employer 2.33 shall continue to withhold each pay period the amount shown on 2.34 the notice plus accrued interest until the garnishment notice is 2.35 released by the commissioner. Upon receipt of notice by the 2.36 employer, the claim of the commissioner shall have priority over 3.1 any subsequent garnishments or wage assignments. The 3.2 commissioner may arrange between the employer and employee for 3.3 withholding a portion of the total amount due the employee each 3.4 pay period, until the total amount shown on the notice plus 3.5 accrued interest has been withheld. 3.6 The "earnings due" any employee is as defined in section 3.7 571.921. The maximum garnishment allowed for any one pay period 3.8 shall be decreased by any amounts payable pursuant to any other 3.9 garnishment action served prior to the garnishment notice, and 3.10 any amounts covered by any irrevocable and previously effective 3.11 assignment of wages; the employer shall give notice to the 3.12 commissioner of the amounts and the facts relating to the 3.13 assignment within ten days after the service of the garnishment 3.14 notice on the form provided by the commissioner. 3.15 (b) If the employee ceases to be employed by the employer 3.16 before the full amount set forth on the garnishment notice plus 3.17 accrued interest has been withheld, the employer shall 3.18 immediately notify the commissioner in writing of the 3.19 termination date of the employee and the total amount withheld. 3.20 No employer may discharge or discipline any employee because the 3.21 commissioner has proceeded under this section. If an employer 3.22 discharges an employee in violation of this section, the 3.23 employee shall have the same remedy as provided in section 3.24 571.927, subdivision 2. 3.25 (c) Within ten calendar days after the expiration of the 3.26 pay period, the employer shall remit to the commissioner, on a 3.27 form and in the manner prescribed by the commissioner, the 3.28 amount withheld during each pay period. 3.29 (d) Paragraphs (a) to (c) shall apply if the employer is 3.30 the state of Minnesota or any political subdivision. 3.31 (e) The commissioner shall refund to the employee any 3.32 excess amounts withheld from the employee. 3.33 (f) An employer that fails or refuses to comply with this 3.34 section shall be liable as provided in section 268.058, 3.35 subdivision32, paragraph(i)(j). 3.36 Sec. 2. [CORRECTION 1.] Minnesota Statutes 1998, section 4.1 349.163, subdivision 9, as added by Laws 2000, chapter 300, 4.2 section 4, is amended to read: 4.3 Sec. 4. Minnesota Statutes 1998, section 349.163, is 4.4 amended by adding a subdivision to read: 4.5 Subd. 9. [SALES REQUIRED.] No licensed manufacturer may 4.6 refuse to sell pull-tab games to a licensed distributor unless: 4.7 (1) a specific game sold on an exclusive basis is at issue; 4.8 (2) the manufacturer does not sellthepull-tab games to 4.9 any distributor in Minnesota; 4.10 (3) a Minnesota statute or rule prohibits the sale; or 4.11 (4) the distributor is delinquent on any payment owed to 4.12 the manufacturer. 4.13 Sec. 3. [CORRECTION 2.] Laws 2000, chapter 296, section 1, 4.14 is amended to read: 4.15 Section 1. [STUDY ON REIMBURSEMENT FOR SPECIAL 4.16 TRANSPORTATION PROVIDERS.] 4.17 The commissioner of human services, in consultation with 4.18 special transportation providers, shall prepare a study on 4.19 appropriate reimbursement for special transportation providers. 4.20 The study shall include, but not be limited to, an analysis of 4.21 the cost characteristics of special transportation services, 4.22 including the differences in costs for services provided to: 4.23 (1) persons who need a wheelchair lift or ramp van; 4.24 (2) persons who need a stretcher-equipped vehicle; 4.25 (3) persons who are ambulatory with assistancemultiple4.26doorthrough multipledoordoors; 4.27 (4) persons who are ambulatory without assistance; 4.28 (5) persons residing in rural areas; and 4.29 (6) persons residing in urban areas. 4.30 The commissioner shall make recommendations for reimbursement 4.31 rates for services to persons in clauses (1) to (6), based 4.32 primarily on the analysis of service cost characteristics, 4.33 capital cost characteristics, and industry growth cost 4.34 characteristics. The commissioner shall present the study to 4.35 the legislature no later than September 15, 2000. 4.36 Sec. 4. [CORRECTION 6.] Laws 2000, chapter 444, article 1, 5.1 section 6, is amended to read: 5.2 Sec. 6. 518.183 [REPLACING CERTAIN ORDERS.] 5.3 Upon request of both parties the court must modify an order 5.4 entered under section 518.17 or 518.175 before the effective 5.5 date of thisactsection by entering a parenting plan that 5.6 complies with section 518.1705, unless the court makes detailed 5.7 findings that entering a parenting plan is not in the best 5.8 interests of the child. If only one party makes the request, 5.9 the court may modify the order by entering a parenting plan that 5.10 complies with section 518.1705. The court must apply the 5.11 standards in section 518.18 when considering a motion to enter a 5.12 parenting plan that would change the child's primary residence. 5.13 The court must apply the standards in section 518.17 when 5.14 considering a motion to enter a parenting plan that would: 5.15 (1) change decision-making responsibilities of the parents; 5.16 or 5.17 (2) change the time each parent spends with the child, but 5.18 not change the child's primary residence. 5.19 Sec. 5. [CORRECTION 7.] 2000 H.F. No. 2891, section 1, if 5.20 enacted, is amended to read: 5.21 Section 1. [APPROPRIATIONS.] 5.22 The sums in the column under "APPROPRIATIONS" are 5.23 appropriated from the general fund, or another named fund, to 5.24 the state agencies or officials indicated, to be spent for the 5.25 purposes indicated, for fiscal year 2001. Unless otherwise 5.26 specified, the appropriations in this act are available until 5.27 spent. 5.28 SUMMARY 5.29 TRANSPORTATION $566,551,000 5.30 METROPOLITAN COUNCIL 20,000,000 5.31 PUBLIC SAFETY 119,000 5.32 TRADE AND ECONOMIC DEVELOPMENT 750,000 5.33 FINANCE 15,100,000 5.34 TOTAL $602,520,000 5.35 Trunk Highway Bond Proceeds Account 100,100,000 5.36 Trunk Highway Fund 102,298,000 6.1 General Fund 400,122,000 6.2 APPROPRIATIONS 6.3 $ 6.4 Sec. 6. [CORRECTION 9.] Laws 1999, chapter 243, article 1, 6.5 section 2, as amended by Laws 2000, chapter 490, article 3, 6.6 section 1, is amended to read: 6.7 Sec. 2. [SALES TAX REBATE.] 6.8 (a) An individual who: 6.9 (1) was eligible for a credit under Laws 1997, chapter 231, 6.10 article 1, section 16, as amended by Laws 1997, First Special 6.11 Session chapter 5, section 35, and Laws 1997, Third Special 6.12 Session chapter 3, section 11, and Laws 1998, chapter 304, and 6.13 Laws 1998, chapter 389, article 1, section 3, and who filed for 6.14 or received that credit on or before June 15, 1999; or 6.15 (2) was a resident of Minnesota for any part of 1997, and 6.16 filed a 1997 Minnesota income tax return on or before June 15, 6.17 1999, and had a tax liability before refundable credits on that 6.18 return of at least $1 but did not file the claim for credit 6.19 authorized under Laws 1997, chapter 231, article 1, section 16, 6.20 as amended, and who was not allowed to be claimed as a dependent 6.21 on a 1997 federal income tax return filed by another person; or 6.22 (3) had the property taxes payable on his or her homestead 6.23 abated to zero under Laws 1997, chapter 231, article 2, section 6.24 64, 6.25 shall receive a sales tax rebate. 6.26 (b) The sales tax rebate for taxpayers who qualify under 6.27 paragraph (a) as married filing joint or head of household must 6.28 be computed according to the following schedule: 6.29 Income Sales Tax Rebate 6.30 less than $2,500 $ 358 6.31 at least $2,500 but less than $5,000 $ 469 6.32 at least $5,000 but less than $10,000 $ 502 6.33 at least $10,000 but less than $15,000 $ 549 6.34 at least $15,000 but less than $20,000 $ 604 6.35 at least $20,000 but less than $25,000 $ 641 6.36 at least $25,000 but less than $30,000 $ 690 7.1 at least $30,000 but less than $35,000 $ 762 7.2 at least $35,000 but less than $40,000 $ 820 7.3 at least $40,000 but less than $45,000 $ 874 7.4 at least $45,000 but less than $50,000 $ 921 7.5 at least $50,000 but less than $60,000 $ 969 7.6 at least $60,000 but less than $70,000 $1,071 7.7 at least $70,000 but less than $80,000 $1,162 7.8 at least $80,000 but less than $90,000 $1,276 7.9 at least $90,000 but less than $100,000 $1,417 7.10 at least $100,000 but less than $120,000 $1,535 7.11 at least $120,000 but less than $140,000 $1,682 7.12 at least $140,000 but less than $160,000 $1,818 7.13 at least $160,000 but less than $180,000 $1,946 7.14 at least $180,000 but less than $200,000 $2,067 7.15 at least $200,000 but less than $400,000 $2,644 7.16 at least $400,000 but less than $600,000 $3,479 7.17 at least $600,000 but less than $800,000 $4,175 7.18 at least $800,000 but less than $1,000,000 $4,785 7.19 $1,000,000 and over $5,000 7.20 (c) The sales tax rebate for individuals who qualify under 7.21 paragraph (a) as single or married filing separately must be 7.22 computed according to the following schedule: 7.23 Income Sales Tax Rebate 7.24 less than $2,500 $ 204 7.25 at least $2,500 but less than $5,000 $ 249 7.26 at least $5,000 but less than $10,000 $ 299 7.27 at least $10,000 but less than $15,000 $ 408 7.28 at least $15,000 but less than $20,000 $ 464 7.29 at least $20,000 but less than $25,000 $ 496 7.30 at least $25,000 but less than $30,000 $ 515 7.31 at least $30,000 but less than $40,000 $ 570 7.32 at least $40,000 but less than $50,000 $ 649 7.33 at least $50,000 but less than $70,000 $ 776 7.34 at least $70,000 but less than $100,000 $ 958 7.35 at least $100,000 but less than $140,000 $1,154 7.36 at least $140,000 but less than $200,000 $1,394 8.1 at least $200,000 but less than $400,000 $1,889 8.2 at least $400,000 but less than $600,000 $2,485 8.3 $600,000 and over $2,500 8.4 (d) Individuals who were not residents of Minnesota for any 8.5 part of 1997 and who paid more than $10 in Minnesota sales tax 8.6 on nonbusiness consumer purchases in that year qualify for a 8.7 rebate under this paragraph only. Qualifying nonresidents must 8.8 file a claim for rebate on a form prescribed by the commissioner 8.9 before the later of June 15, 1999, or 30 days after the date of 8.10 enactment of this act. The claim must include receipts showing 8.11 the Minnesota sales tax paid and the date of the sale. Taxes 8.12 paid on purchases allowed in the computation of federal taxable 8.13 income or reimbursed by an employer are not eligible for the 8.14 rebate. The commissioner shall determine the qualifying taxes 8.15 paid and rebate the lesser of: 8.16 (1) 69.0 percent of that amount; or 8.17 (2) the maximum amount for which the claimant would have 8.18 been eligible as determined under paragraph (b) if the taxpayer 8.19 filed the 1997 federal income tax return as a married taxpayer 8.20 filing jointly or head of household, or as determined under 8.21 paragraph (c) for other taxpayers. 8.22 (e) "Income," for purposes of this section other than 8.23 paragraph (d), is taxable income as defined in section 63 of the 8.24 Internal Revenue Code of 1986, as amended through December 31, 8.25 1996, plus the sum of any additions to federal taxable income 8.26 for the taxpayer under Minnesota Statutes, section 290.01, 8.27 subdivision 19a, and reported on the original 1997 income tax 8.28 return including subsequent adjustments to that return made 8.29 within the time limits specified in paragraph (h). For an 8.30 individual who was a resident of Minnesota for less than the 8.31 entire year, the sales tax rebate equals the sales tax rebate 8.32 calculated under paragraph (b) or (c) multiplied by the 8.33 percentage determined pursuant to Minnesota Statutes, section 8.34 290.06, subdivision 2c, paragraph (e), as calculated on the 8.35 original 1997 income tax return including subsequent adjustments 8.36 to that return made within the time limits specified in 9.1 paragraph (h). For purposes of paragraph (d), "income" is 9.2 taxable income as defined in section 63 of the Internal Revenue 9.3 Code of 1986, as amended through December 31, 1996, and reported 9.4 on the taxpayer's original federal tax return for the first 9.5 taxable year beginning after December 31, 1996. 9.6 (f) An individual who would have been eligible for a rebate 9.7 under paragraph (a), clause (1) or (2), or (d) had the 9.8 individual filed a 1997 Minnesota income tax return or claim 9.9 form by June 15, 1999, who files the return or claim form by 9.10 June 30, 2000, is eligible for the rebate amount under (i) 9.11 paragraph (b) as adjusted by paragraph (h) if the individualis9.12 was a resident of Minnesota for any part of 1997 and filed as 9.13 either marriedfilingjoint or head of householdand the rebate9.14amount under, (ii) paragraph (c) as adjusted by paragraph (h) if 9.15 the individualiswas a resident of Minnesota for any part of 9.16 1997 and filed as either marriedfiling separatelyseparate or 9.17 single, or (iii) paragraph (d) if the individual was a 9.18 nonresident in 1997. 9.19 (g) For a fiscal year taxpayer, the June 15, 1999, dates in 9.20 paragraphs (a) through (d) are extended one month for each month 9.21 in calendar year 1997 that occurred prior to the start of the 9.22 individual's 1997 fiscal tax year. 9.23 (h) Before payment, the commissioner of revenue shall 9.24 adjust the rebate as follows: 9.25 (1) the rebates calculated in paragraphs (b), (c), and (d) 9.26 must be proportionately reduced to account for 1997 income tax 9.27 returns that are filed on or after January 1, 1999, but before 9.28 July 1, 1999, so that the amount of sales tax rebates payable 9.29 under paragraphs (b), (c), and (d) does not exceed 9.30 $1,250,000,000; and 9.31 (2) the commissioner of finance shall certify by July 15, 9.32 1999, preliminary fiscal year 1999 general fund net nondedicated 9.33 revenues. The certification shall exclude the impact of any 9.34 legislation enacted during the 1999 regular session. If 9.35 certified net nondedicated revenues exceed the amount forecast 9.36 in February 1999, up to $50,000,000 of the increase shall be 10.1 added to the total amount rebated. The commissioner of revenue 10.2 shall adjust all rebates proportionally to reflect any 10.3 increases. The total amount of the rebate shall not exceed 10.4 $1,300,000,000. 10.5 The adjustments under this paragraph are not rules subject to 10.6 Minnesota Statutes, chapter 14. 10.7 (i) The commissioner of revenue may begin making sales tax 10.8 rebates by August 1, 1999. Sales tax rebates not paid by 10.9 October 1, 1999, bear interest at the rate specified in 10.10 Minnesota Statutes, section 270.75. Sales tax rebates paid to 10.11 (1) taxpayers who file their original 1997 Minnesota income tax 10.12 return after June 15, 1999, and (2) qualifying nonresidents who 10.13 file a claim for rebate after June 15, 1999, 10.14 bear interest at the rate specified in Minnesota Statutes, 10.15 section 270.75, beginning October 1, 2000. 10.16 (j) A sales tax rebate shall not be adjusted based on 10.17 changes to a 1997 income tax return that are made by order of 10.18 assessment after June 15, 1999, or made by the taxpayer that are 10.19 filed with the commissioner of revenue after June 15, 1999. 10.20 (k) Individuals who filed a joint income tax return for 10.21 1997 shall receive a joint sales tax rebate. After the sales 10.22 tax rebate has been issued, but before the check has been 10.23 cashed, either joint claimant may request a separate check for 10.24 one-half of the joint sales tax rebate. Notwithstanding 10.25 anything in this section to the contrary, if prior to payment, 10.26 the commissioner has been notified that persons who filed a 10.27 joint 1997 income tax return are living at separate addresses, 10.28 as indicated on their 1998 income tax return or otherwise, the 10.29 commissioner may issue separate checks to each person. The 10.30 amount payable to each person is one-half of the total joint 10.31 rebate. If a rebate is received by the estate of a deceased 10.32 individual after the probate estate has been closed, and if the 10.33 original rebate check is returned to the commissioner with a 10.34 copy of the decree of descent or final account of the estate, 10.35 social security numbers, and addresses of the beneficiaries, the 10.36 commissioner may issue separate checks in proportion to their 11.1 share in the residuary estate in the names of the residuary 11.2 beneficiaries of the estate. 11.3 (l) The sales tax rebate is a "Minnesota tax law" for 11.4 purposes of Minnesota Statutes, section 270B.01, subdivision 8. 11.5 (m) The sales tax rebate is "an overpayment of any tax 11.6 collected by the commissioner" for purposes of Minnesota 11.7 Statutes, section 270.07, subdivision 5. For purposes of this 11.8 paragraph, a joint sales tax rebate is payable to each spouse 11.9 equally. 11.10 (n) If the commissioner of revenue cannot locate an 11.11 individual entitled to a sales tax rebate by July 1, 2001, or if 11.12 an individual to whom a sales tax rebate was issued has not 11.13 cashed the check by July 1, 2001, the right to the sales tax 11.14 rebate lapses and the check must be deposited in the general 11.15 fund. 11.16 (o) Individuals entitled to a sales tax rebate pursuant to 11.17 paragraph (a), but who did not receive one, and individuals who 11.18 receive a sales tax rebate that was not correctly computed, must 11.19 file a claim with the commissioner before July 1, 2000, in a 11.20 form prescribed by the commissioner. Taxpayers who file their 11.21 original 1997 Minnesota income tax return after June 15, 1999, 11.22 and qualifying nonresidents who file a claim for rebate after 11.23 June 15, 1999, and who do not receive it or who receive a sales 11.24 tax rebate that was not correctly computed, must file a claim 11.25 with the commissioner before July 1, 2001, in a form prescribed 11.26 by the commissioner. These claims must be treated as if they 11.27 are a claim for refund under Minnesota Statutes, section 11.28 289A.50, subdivisions 4 and 7. 11.29 (p) The sales tax rebate is a refund subject to revenue 11.30 recapture under Minnesota Statutes, chapter 270A. The 11.31 commissioner of revenue shall remit the entire refund to the 11.32 claimant agency, which shall, upon the request of the spouse who 11.33 does not owe the debt, refund one-half of the joint sales tax 11.34 rebate to the spouse who does not owe the debt. 11.35 (q) The rebate is a reduction of fiscal year 1999 sales tax 11.36 revenues. The amount necessary to make the sales tax rebates 12.1 and interest provided in this section is appropriated from the 12.2 general fund to the commissioner of revenue in fiscal year 1999 12.3 and is available until June 30, 2001. 12.4 (r) If a sales tax rebate check is cashed by someone other 12.5 than the payee or payees of the check, and the commissioner of 12.6 revenue determines that the check has been forged or improperly 12.7 endorsed or the commissioner determines that a rebate was 12.8 overstated or erroneously issued, the commissioner may issue an 12.9 order of assessment for the amount of the check or the amount 12.10 the check is overstated against the person or persons cashing 12.11 it. The assessment must be made within two years after the 12.12 check is cashed, but if cashing the check constitutes theft 12.13 under Minnesota Statutes, section 609.52, or forgery under 12.14 Minnesota Statutes, section 609.631, the assessment can be made 12.15 at any time. The assessment may be appealed administratively 12.16 and judicially. The commissioner may take action to collect the 12.17 assessment in the same manner as provided by Minnesota Statutes, 12.18 chapter 289A, for any other order of the commissioner assessing 12.19 tax. 12.20 (s) Notwithstanding Minnesota Statutes, sections 9.031, 12.21 16A.40, 16B.49, 16B.50, and any other law to the contrary, the 12.22 commissioner of revenue may take whatever actions the 12.23 commissioner deems necessary to pay the rebates required by this 12.24 section, and may, in consultation with the commissioner of 12.25 finance and the state treasurer, contract with a private vendor 12.26 or vendors to process, print, and mail the rebate checks or 12.27 warrants required under this section and receive and disburse 12.28 state funds to pay those checks or warrants. 12.29 (t) The commissioner may pay rebates required by this 12.30 section by electronic funds transfer to individuals who 12.31 requested that their 1998 individual income tax refund be paid 12.32 through electronic funds transfer. The commissioner may make 12.33 the electronic funds transfer payments to the same financial 12.34 institution and into the same account as the 1998 individual 12.35 income tax refund. 12.36 Sec. 7. [CORRECTION 9A.] Minnesota Statutes 1999 13.1 Supplement, section 290.01, subdivision 19, as amended by Laws 13.2 2000, chapter 490, article 12, section 2, is amended to read: 13.3 Subd. 19. [NET INCOME.] The term "net income" means the 13.4 federal taxable income, as defined in section 63 of the Internal 13.5 Revenue Code of 1986, as amended through the date named in this 13.6 subdivision, incorporating any elections made by the taxpayer in 13.7 accordance with the Internal Revenue Code in determining federal 13.8 taxable income for federal income tax purposes, and with the 13.9 modifications provided in subdivisions 19a to 19f. 13.10 In the case of a regulated investment company or a fund 13.11 thereof, as defined in section 851(a) or 851(g) of the Internal 13.12 Revenue Code, federal taxable income means investment company 13.13 taxable income as defined in section 852(b)(2) of the Internal 13.14 Revenue Code, except that: 13.15 (1) the exclusion of net capital gain provided in section 13.16 852(b)(2)(A) of the Internal Revenue Code does not apply; 13.17 (2) the deduction for dividends paid under section 13.18 852(b)(2)(D) of the Internal Revenue Code must be applied by 13.19 allowing a deduction for capital gain dividends and 13.20 exempt-interest dividends as defined in sections 852(b)(3)(C) 13.21 and 852(b)(5) of the Internal Revenue Code; and 13.22 (3) the deduction for dividends paid must also be applied 13.23 in the amount of any undistributed capital gains which the 13.24 regulated investment company elects to have treated as provided 13.25 in section 852(b)(3)(D) of the Internal Revenue Code. 13.26 The net income of a real estate investment trust as defined 13.27 and limited by section 856(a), (b), and (c) of the Internal 13.28 Revenue Code means the real estate investment trust taxable 13.29 income as defined in section 857(b)(2) of the Internal Revenue 13.30 Code. 13.31 The net income of a designated settlement fund as defined 13.32 in section 468B(d) of the Internal Revenue Code means the gross 13.33 income as defined in section 468B(b) of the Internal Revenue 13.34 Code. 13.35 The provisions of sections 1113(a), 1117, 1206(a), 1313(a), 13.36 1402(a), 1403(a), 1443, 1450, 1501(a), 1605, 1611(a), 1612, 14.1 1616, 1617, 1704(l), and 1704(m) of the Small Business Job 14.2 Protection Act, Public Law Number 104-188, the provisions of 14.3 Public Law Number 104-117, the provisions of sections 313(a) and 14.4 (b)(1), 602(a), 913(b), 941, 961, 971, 1001(a) and (b), 1002, 14.5 1003, 1012, 1013, 1014, 1061, 1062, 1081, 1084(b), 1086, 1087, 14.6 1111(a), 1131(b) and (c), 1211(b), 1213, 1530(c)(2), 1601(f)(5) 14.7 and (h), and 1604(d)(1) of the Taxpayer Relief Act of 1997, 14.8 Public Law Number 105-34, the provisions of section 6010 of the 14.9 Internal Revenue Service Restructuring and Reform Act of 1998, 14.10 Public Law Number 105-206, and the provisions of section 4003 of 14.11 the Omnibus Consolidated and Emergency Supplemental 14.12 Appropriations Act, 1999, Public Law Number 105-277, shall 14.13 become effective at the time they become effective for federal 14.14 purposes. 14.15 The Internal Revenue Code of 1986, as amended through 14.16 December 31, 1996, shall be in effect for taxable years 14.17 beginning after December 31, 1996. 14.18 The provisions of sections 202(a) and (b), 221(a), 225, 14.19 312, 313, 913(a), 934, 962, 1004, 1005, 1052, 1063, 1084(a) and 14.20 (c), 1089, 1112, 1171, 1204, 1271(a) and (b), 1305(a), 1306, 14.21 1307, 1308, 1309, 1501(b), 1502(b), 1504(a), 1505, 1527, 1528, 14.22 1530, 1601(d), (e), (f), and (i) and 1602(a), (b), (c), and (e) 14.23 of the Taxpayer Relief Act of 1997, Public Law Number 105-34, 14.24 the provisions of sections 6004, 6005, 6012, 6013, 6015, 6016, 14.25 7002, and 7003 of the Internal Revenue Service Restructuring and 14.26 Reform Act of 1998, Public Law Number 105-206, the provisions of 14.27 section 3001 of the Omnibus Consolidated and Emergency 14.28 Supplemental Appropriations Act, 1999, Public Law Number 14.29 105-277, and the provisions of section 3001 of the Miscellaneous 14.30 Trade and Technical Corrections Act of 1999, Public Law Number 14.31 106-36, shall become effective at the time they become effective 14.32 for federal purposes. 14.33 The Internal Revenue Code of 1986, as amended through 14.34 December 31, 1997, shall be in effect for taxable years 14.35 beginning after December 31, 1997. 14.36 The provisions of sections 5002, 6009, 6011, and 7001 of 15.1 the Internal Revenue Service Restructuring and Reform Act of 15.2 1998, Public Law Number 105-206, the provisions of section 9010 15.3 of the Transportation Equity Act for the 21st Century, Public 15.4 Law Number 105-178, the provisions of sections 1004, 4002, and 15.5 5301 of the Omnibus Consolidation and Emergency Supplemental 15.6 Appropriations Act, 1999, Public Law Number 105-277, the 15.7 provision of section 303 of the Ricky Ray Hemophilia Relief Fund 15.8 Act of 1998, Public Law Number 105-369, and the provisions of 15.9 sections 532, 534, 536, 537, and 538 of the Ticket to Work and 15.10 Work Incentives Improvement Act of 1999, Public Law Number 15.11160-170106-170, shall become effective at the time they become 15.12 effective for federal purposes. 15.13 The Internal Revenue Code of 1986, as amended through 15.14 December 31, 1998, shall be in effect for taxable years 15.15 beginning after December 31, 1998. 15.16 The Internal Revenue Code of 1986, as amended through 15.17 December 31, 1999, shall be in effect for taxable years 15.18 beginning after December 31, 1999. 15.19 Except as otherwise provided, references to the Internal 15.20 Revenue Code in subdivisions 19a to 19g mean the code in effect 15.21 for purposes of determining net income for the applicable year. 15.22 Sec. 8. [CORRECTION 9B.] Minnesota Statutes 1999 15.23 Supplement, section 477A.06, subdivision 1, as amended by Laws 15.24 2000, chapter 490, article 6, section 8, is amended to read: 15.25 Subdivision 1. [ELIGIBILITY.] (a) For assessment years 15.26 1999, 2000, 2001, and 2002, for all class 4d property on which 15.27 construction was begun before January 1, 1999, the assessor 15.28 shall determine the difference between the actual net tax 15.29 capacity and the net tax capacity that would be determined for 15.30 the property if the class rates for assessment year 1997 were in 15.31 effect. 15.32 (b) In calendar years 2000, 2001, 2002, and 2003, each city 15.33 shall be eligible for aid equal to (i) the amount by which the 15.34 sum of the differences determined in clause (a) for the 15.35 corresponding assessment year exceeds two percent of the city's 15.36 total taxable net tax capacity for taxes payable in 1998, 16.1 multiplied by (ii) the city government's average local tax rate 16.2 for taxes payable in 1998. 16.3 Sec. 9. [CORRECTION 9C.] Minnesota Statutes 1998, section 16.4 477A.06, subdivision 3, as amended by Laws 2000, chapter 490, 16.5 article 6, section 9, is amended to read: 16.6 Subd. 3. [APPROPRIATION; PAYMENT.] (a) The commissioner 16.7 shall pay each city its qualifying aid amount on or before July 16.8 20 of each year. An amount sufficient to pay the aid authorized 16.9 under this section is appropriated to the commissioner of 16.10 revenue from the property tax reform account in fiscalyears16.11 year 2000and 2001, and from the general fund in fiscal 16.12 years 2001, 2002, 2003, and 2004. 16.13 (b) For fiscal years 2001 through 2004, the amount of aid 16.14 appropriated under this section may not exceed $1,500,000 each 16.15 year. 16.16 (c) If the total amount of aid that would otherwise be 16.17 payable under the formula in this section exceeds the maximum 16.18 allowed under paragraph (b), the amount of aid for each city is 16.19 reduced proportionately to equal the limit. 16.20 Sec. 10. [CORRECTION 10.] Minnesota Statutes, section 16.21 58.135, as added by Laws 2000, chapter 427, section 17, is 16.22 amended by adding a subdivision to read: 16.23 Subd. 3. [APPLICATION.] This section applies to 16.24 residential mortgage loans made on or after August 1, 2001. 16.25 Sec. 11. [CORRECTION 11.] Laws 2000, chapter 461, article 16.26 17, section 14, is amended to read: 16.27 Sec. 14. [EFFECTIVE DATE.] 16.28 (a) Sections 1 to 5 are effective on the day after the date 16.29 on which the Minneapolis city council and the chief clerical 16.30 officer of the city of Minneapolis complete, in a timely manner, 16.31 their compliance with Minnesota Statutes, section 645.021, 16.32 subdivisions 2 and 3. 16.33 (b) Section 6 is effective on the day after the date on 16.34 which the Minneapolis city council and the chief clerical 16.35 officer of the city of Minneapolis complete, in a timely manner, 16.36 their compliance with Minnesota Statutes, section 645.021, 17.1 subdivisions 2 and 3. Section53, if approved, applies 17.2 retroactively to contributions beginning after July 1, 1990. 17.3 (c) Sections 7 to 13 are effective on the day after the 17.4 date on which the Minneapolis city council and the chief 17.5 clerical officer of the city of Minneapolis complete, in a 17.6 timely manner, their compliance with Minnesota Statutes, section 17.7 645.021, subdivisions 2 and 3. Section510, if approved, 17.8 applies retroactively to contributions beginning after July 1, 17.9 1990. 17.10 Sec. 12. [CORRECTION 12.] Laws 2000, chapter 492, article 17.11 1, section 1, is amended to read: 17.12 Section 1. [CAPITAL IMPROVEMENT APPROPRIATIONS.] 17.13 The sums in the column under "APPROPRIATIONS" are 17.14 appropriated from the bond proceeds fund, or another named fund, 17.15 to the state agencies or officials indicated, to be spent for 17.16 public purposes including, but not limited to, acquiring and 17.17 bettering public land and buildings and other public 17.18 improvements of a capital nature, as specified in this article. 17.19 Unless otherwise specified, the appropriations in this article 17.20 are available until the project is completed or abandoned. 17.21 SUMMARY 17.22 UNIVERSITY OF MINNESOTA $ 100,213,000 17.23 MINNESOTA STATE COLLEGES AND UNIVERSITIES 131,021,000 17.24 PERPICH CENTER FOR ARTS EDUCATION 877,000 17.25 CHILDREN, FAMILIES, AND LEARNING 80,741,000 17.26 MINNESOTA STATE ACADEMIES 3,066,000 17.27 NATURAL RESOURCES 73,177,000 17.28 OFFICE OF ENVIRONMENTAL ASSISTANCE 2,200,000 17.29 BOARD OF WATER AND SOIL RESOURCES 23,800,000 17.30 AGRICULTURE 21,700,000 17.31 ZOOLOGICAL GARDENS 1,000,000 17.32 ADMINISTRATION 81,450,000 17.33 AMATEUR SPORTS COMMISSION 1,110,000 17.34 ARTS 4,500,000 17.35 MILITARY AFFAIRS 3,625,000 17.36 VETERANS AFFAIRS 25,000 18.1 HUMAN SERVICES 12,471,000 18.2 HEALTH 7,135,000 18.3 VETERANS HOMES BOARD 11,700,000 18.4 PUBLIC SAFETY 2,844,000 18.5 CORRECTIONS 18,035,000 18.6 TRADE AND ECONOMIC DEVELOPMENT 51,382,000 18.7 HOUSING FINANCE AGENCY 2,000,000 18.8 MINNESOTA HISTORICAL SOCIETY 5,750,000 18.9 BOND SALE EXPENSES448,00018.10 449,000 18.11 CANCELLATIONS (29,913,000) 18.12 TOTAL$ 610,357,00018.13 $ 610,358,000 18.14 Bond Proceeds Fund 18.15 (General Fund Debt Service)470,900,00018.16 426,871,000 18.17Bond Proceeds Fund Cancellations(20,902,000)18.18 Bond Proceeds Fund 18.19 (User Financed Debt Service) 71,359,000 18.20 Maximum Effort School Loan Fund 44,030,000 18.21 Bond Proceeds Fund Cancellations (20,902,000) 18.22 General Fund 98,011,000 18.23 General Fund Cancellations (9,011,000) 18.24 APPROPRIATIONS 18.25 $ 18.26 Sec. 13. [CORRECTION 12A.] Laws 2000, chapter 492, article 18.27 1, section 5, subdivision 4, is amended to read: 18.28 Subd. 4. Pine Point School 4,100,000 18.29 This appropriation is from the general 18.30 fund. 18.31 For a grant to independent school 18.32 district No. 25, Pine Point, to 18.33 construct a new school facility serving 18.34 kindergarten through grade 8. 18.35 Sec. 14. [CORRECTION 12B.] Laws 2000, chapter 492, article 18.36 1, section 5, subdivision 5, is amended to read: 18.37 Subd. 5. Maximum Effort Capital 18.38 Loans 44,030,000 18.39 This appropriation is from the maximum 18.40 effort school loan fund. 18.41 For capital loans to school districts 18.42 as provided in Minnesota Statutes, 18.43 sections 126C.60 to 126C.72. Capital 19.1 loans to the recipient school districts 19.2 are approved in the following amounts: 19.3 (a) Independent School District No. 299, 19.4 Caledonia 14,134,000 19.5 (b) Independent School District No. 306, 19.6 La Porte 7,200,000 19.7 (c) Independent School District No. 38, 19.8 Red Lake 11,166,000 19.9 (d) Independent School District No. 115, 19.10 Cass Lake 7,505,000 19.11 (e) Independent School District No. 914, 19.12 Ulen-Hitterdahl 4,025,000 19.13 The commissioner shall review the 19.14 proposed plan and budget of the project 19.15 and may reduce the amount of the loan 19.16 to ensure that the project will be 19.17 economical. The commissioner may 19.18 recover the cost incurred by the 19.19 commissioner for any professional 19.20 services associated with the final 19.21 review and construction by reducing the 19.22 proceeds of the loan paid by the 19.23 district. The commissioner shall 19.24 report to the legislature any 19.25 reductions to the appropriations in 19.26 this subdivision by January 10, 2001. 19.27 The commissioner must study how the 19.28 maximum effort loan program should be 19.29 restructured to allow more school 19.30 districts to qualify for capital 19.31 financing under the current debt 19.32 service equalization aid program 19.33 without needing to turn to the maximum 19.34 effort loan program. The commissioner 19.35 must report to the capital investment 19.36 and K-12 education finance committees 19.37 of the house and the education finance 19.38 committee and the K-12 education budget 19.39 division of the senate. The department 19.40 must not accept any applications for 19.41 the maximum effort loan program until 19.42 after the end of the 2001 legislative 19.43 session. 19.44 Sec. 15. [CORRECTION 12C.] Laws 2000, chapter 492, article 19.45 1, section 22, subdivision 3, is amended to read: 19.46 Subd. 3. Wastewater Infrastructure 19.47 Funding Program 18,319,000 19.48$10,409,000$6,309,000 of this 19.49 appropriation is from the general fund 19.50 of which $319,000 is to administer the 19.51 wastewater infrastructure fund program. 19.52 To the public facilities authority for 19.53 grants to eligible municipalities under 19.54 the wastewater infrastructure program 19.55 established in Minnesota Statutes, 19.56 section 446A.072. 19.57 To the greatest extent practical, the 19.58 authority should use the grants for 20.1 projects on the 2000 intended use plan 20.2 in priority order to qualified 20.3 applicants that submit plans and 20.4 specifications to the pollution control 20.5 agency or receive a funding commitment 20.6 from USDA rural development before 20.7 December 1, 2001. In determining 20.8 whether the penalty factor under 20.9 Minnesota Rules, part 7077.0196, should 20.10 be applied to a project, the pollution 20.11 control agency shall, beginning with 20.12 the 2001 Intended Use Plan and Project 20.13 Priority list, first assess the impact 20.14 of the new or expanded discharge 20.15 compared to the impact of the 20.16 preexisting conditions and to the 20.17 impact of alternative discharge 20.18 locations. If the agency determines 20.19 that the new or expanded discharge is 20.20 to a less environmentally sensitive 20.21 area or that it is the preferable 20.22 location for the discharge compared to 20.23 the alternatives, the agency shall not 20.24 apply the penalty factor to the project. 20.25 The pollution control agency shall 20.26 include as a factor in prioritizing 20.27 projects whether a project is a 20.28 multijurisdictional project connecting 20.29 areas with failing onsite treatment 20.30 systems with an existing or regional 20.31 wastewater treatment system. 20.32 The authority shall set aside up to 20.33 $400,000 for the Innovative Technology 20.34 Grants Program to provide 50 percent 20.35 reimbursement for the cost of equipment 20.36 and installation into an existing 20.37 municipal wastewater treatment system. 20.38 The project must be approved by the 20.39 pollution control agency and 20.40 demonstrate the application of existing 20.41 technology that has not been used 20.42 before in the treatment of municipal 20.43 wastewater, but has the potential to 20.44 improve the treatment of wastewater or 20.45 make the treatment process more cost 20.46 effective. 20.47 Beginning with the 2001 intended use 20.48 plan, the pollution control agency 20.49 shall include whether a community has a 20.50 moratorium on development as a factor 20.51 in prioritizing projects. The agency 20.52 shall adopt rules implementing the 20.53 provisions of this paragraph under 20.54 Minnesota Statutes, section 14.389. 20.55 Sec. 16. [CORRECTION 12D.] Laws 2000, chapter 492, article 20.56 1, section 23, is amended to read: 20.57 Sec. 23. HOUSING FINANCE AGENCY 2,000,000 20.58 This appropriation is from the general 20.59 fund. 20.60 To the commissioner of the housing 20.61 finance agency for transfer to the 20.62 housing development fund to make loans 20.63 for transitional housing under 20.64 Minnesota Statutes, section462A.20221.1 462A.201, subdivision 2. 21.2 Sec. 17. [CORRECTION 12E.] Laws 2000, chapter 492, article 21.3 1, section 25, is amended to read: 21.4 Sec. 25. BOND SALE EXPENSES448,00021.5 449,000 21.6 To the commissioner of finance for bond 21.7 sale expenses under Minnesota Statutes, 21.8 section 16A.641, subdivision 8. This 21.9 appropriation is from the bond proceeds 21.10 fund. 21.11 Sec. 18. [CORRECTION 12F.] Laws 2000, chapter 492, article 21.12 1, section 26, subdivision 1, is amended to read: 21.13 Sec. 26. [BOND SALE AUTHORIZATION.] 21.14 Subdivision 1. [BOND PROCEEDS FUND.] To provide the money 21.15 appropriated in this act from the bond proceeds fund, the 21.16 commissioner of finance shall sell and issue bonds of the state 21.17 in an amount up to$426,870,000$498,230,000 in the manner, upon 21.18 the terms, and with the effect prescribed by Minnesota Statutes, 21.19 sections 16A.631 to 16A.675, and by the Minnesota Constitution, 21.20 article XI, sections 4 to 7. 21.21 Sec. 19. [CORRECTION 12G.] Minnesota Statutes 1998, 21.22 section 462A.201, subdivision 2, is amended to read: 21.23 Subd. 2. [LOW-INCOME HOUSING.] (a) The agency may, in 21.24 consultation with the advisory committee, use money from the 21.25 housing trust fund account to provide loans or grants for 21.26 projects for the development, construction, acquisition, 21.27 preservation, and rehabilitation of low-income rental and 21.28 limited equity cooperative housing units, including temporary 21.29 and transitional housing, and homes for ownership. For purposes 21.30 of this section, "transitional housing" means housing that is 21.31 provided for a limited duration not exceeding 24 months, except 21.32 that up to one-third of the residents may live in the housing 21.33 for up to 36 months. Loans or grants for residential housing 21.34 for migrant farmworkers may be made under this section. No more 21.35 than 20 percent of available funds may be used for home 21.36 ownership projects. 21.37 (b) A rental or limited equity cooperative permanent 21.38 housing project must meet one of the following income tests: 22.1 (1) at least 75 percent of the rental and cooperative units 22.2 must be rented to or cooperatively owned by persons and families 22.3 whose income does not exceed 30 percent of the median family 22.4 income for the metropolitan area as defined in section 473.121, 22.5 subdivision 2; or 22.6 (2) all of the units funded by the housing trust fund 22.7 account must be used for the benefit of persons and families 22.8 whose income does not exceed 30 percent of the median family 22.9 income for the metropolitan area as defined in section 473.121, 22.10 subdivision 2. 22.11 The median family income may be adjusted for families of 22.12 five or more. 22.13 (c) Homes for ownership must be owned or purchased by 22.14 persons and families whose income does not exceed 50 percent of 22.15 the metropolitan area median income, adjusted for family size. 22.16 (d) In making the grants, the agency shall determine the 22.17 terms and conditions of repayment and the appropriate security, 22.18 if any, should repayment be required. To promote the geographic 22.19 distribution of grants and loans, the agency may designate a 22.20 portion of the grant or loan awards to be set aside for projects 22.21 located in specified congressional districts or other 22.22 geographical regions specified by the agency. The agency may 22.23 adopt rules for awarding grants and loans under this subdivision. 22.24 Sec. 20. [CORRECTION 13.] Minnesota Statutes 1998, section 22.25 161.32, subdivision 7, as added by Laws 2000, chapter 479, 22.26 article 1, section 13, is amended to read: 22.27 Subd. 7. [APPROVAL AND PAYMENT OF SUPPLEMENTAL 22.28 AGREEMENTS.] Notwithstanding any law to the contrary, when goods 22.29 or services are provided to the commissioner under an agreement 22.30 supplemental to a contract for work on a trunk highway, the 22.31 commissioner or designee may approve thesupplemental22.32agreementwork. Payment of valid state obligations must be made 22.33 within 30 days of approval of the work or submission by the 22.34 contractor of an invoice indicating completion of work, 22.35 whichever occurs later. 22.36 Sec. 21. [CORRECTION 14.] Laws 2000, chapter 488, article 23.1 8, section 2, subdivision 4, is amended to read: 23.2 Subd. 4. State-Operated Services 23.3 -0- (1,495,000) 23.4[STATE-OPERATED SERVICES BASE23.5REDUCTION.] The general fund base level23.6appropriation for state operated23.7services programs and activities shall23.8be reduced by $1,495,000 for fiscal23.9year 2001.23.10 The amounts that may be spent from this 23.11 appropriation for each purpose are as 23.12 follows: 23.13 (a) RTC Facilities 23.14 -0- (1,495,000) 23.15 Sec. 22. [CORRECTION 14A.] Laws 2000, chapter 488, article 23.16 8, section 2, subdivision 6, is amended to read: 23.17 Subd. 6. Economic Support Grants 23.18 30,509,000 25,368,000 23.19 The amounts that may be spent from this 23.20 appropriation for each purpose are as 23.21 follows: 23.22 [ASSISTANCE TO FAMILIES GRANTS TANF 23.23 FORECAST ADJUSTMENT.] The federal 23.24 Temporary Assistance to Needy Families 23.25 (TANF) block grant fund appropriated to 23.26 the commissioner of human services in 23.27 Laws 1999, chapter 245, article 1, 23.28 section 2, subdivision 10, for MFIP 23.29 cash grants are reduced by $37,513,000 23.30 in fiscal year 2000 and $30,217,000 in 23.31 fiscal year 2001. 23.32 [FEDERAL TANF FUNDS.] (1) In addition 23.33 to the Federal Temporary Assistance for 23.34 Needy Families (TANF) block grant funds 23.35 appropriated to the commissioner of 23.36 human services in Laws 1999, chapter 23.37 245, article 1, section 2, subdivision 23.38 10, federal TANF funds are appropriated 23.39 to the commissioner in amounts up to 23.40 $20,000,000 in fiscal year 2000 23.41 and$80,440,000$68,394,000 in fiscal 23.42 year 2001. In addition to these funds, 23.43 the commissioner may draw or transfer 23.44 any other appropriations of federal 23.45 TANF funds or transfers of federal TANF 23.46 funds that are enacted into state law. 23.47 (2) Of the amounts in clause (1), 23.48 $19,680,000 in fiscal year 2001 is for 23.49 the local intervention grants program 23.50 under Minnesota Statutes, section 23.51 256J.625 and related grant programs and 23.52 shall be expended as follows: 23.53 (a) $500,000 in fiscal year 2001 is for 23.54 a grant to the Southeast Asian MFIP 23.55 services collaborative to replicate in 23.56 a second location an existing model of 24.1 an intensive intervention transitional 24.2 employment training project which 24.3 serves TANF-eligible recipients and 24.4 which moves refugee and immigrant 24.5 welfare recipients unto unsubsidized 24.6 employment and leads to economic 24.7 self-sufficiency. This is a one-time 24.8 appropriation. 24.9 (b) $500,000 in fiscal year 2001 is for 24.10 nontraditional career assistance and 24.11 training programs under Minnesota 24.12 Statutes, section 256K.30, subdivision 24.13 4. This is a one-time appropriation. 24.14 (c) $18,680,000 is for local 24.15 intervention grants for 24.16 self-sufficiency program under 24.17 Minnesota Statutes, section 256J.625. 24.18 For fiscal years 2002 and 2003 the 24.19 commissioner of finance shall ensure 24.20 that the base level funding for the 24.21 local intervention grants program is 24.22 $27,180,000 each year. 24.23 (3) Of the amounts in clause (2), 24.24 paragraph (c) for local intervention 24.25 grants, $7,000,000 in fiscal year 2001 24.26 shall be transferred to the 24.27 commissioner of health for distribution 24.28 to county boards according to the 24.29 formula in Minnesota Statutes, section 24.30 256J.625, subdivision 3, to be used by 24.31 county public health boards to serve 24.32 families with incomes at or below 200 24.33 percent of the federal poverty 24.34 guidelines, in the manner specified by 24.35 Minnesota Statutes, section 145A.16, 24.36 subdivision 3, clauses (2) through 24.37 (6). Training, evaluation and 24.38 technical assistance shall be provided 24.39 in accordance with Minnesota Statutes, 24.40 section 145A.16, subdivisions 5 to 7. 24.41 For fiscal years 2002 and 2003 the 24.42 commissioner of finance shall ensure 24.43 that the base level funding for this 24.44 activity is $7,000,000 each year. 24.45 (4) Of the amounts in clause (1), 24.46 $250,000 in fiscal year 2001 is 24.47 appropriated to the commissioner to 24.48 contract with the board of trustees of 24.49 the Minnesota state colleges and 24.50 universities to provide tuition waivers 24.51 to employees of health care and human 24.52 services providers located in the state 24.53 that are members of qualifying 24.54 consortia operating under Minnesota 24.55 Statutes, sections 116L.10 to 116L.15. 24.56 This is a one-time appropriation. 24.57 (5) Of the amounts in clause (1), 24.58 $320,000 in fiscal year 2001 is for 24.59 training job counselors about the MFIP 24.60 program. For fiscal years 2002 and 24.61 2003 the commissioner of finance shall 24.62 ensure that the base level funding for 24.63 employment services includes $320,000 24.64 each year for this activity. The 24.65 appropriations in this clause shall not 24.66 become part of the base for the 25.1 2004-2005 biennium. 25.2 (6) Of the amounts in clause (1), 25.3 $1,000,000 in fiscal year 2001 is for 25.4 out-of-wedlock pregnancy prevention 25.5 funds to serve children in 25.6 TANF-eligible families under Minnesota 25.7 Statutes, section 256K.35. For fiscal 25.8 years 2002 and 2003 the commissioner of 25.9 finance shall ensure that the base 25.10 level funding for this program is 25.11 $1,000,000 each year. The 25.12 appropriations in this clause shall not 25.13 become part of the base for the 25.14 2004-2005 biennium. 25.15 (7) Of the amounts in clause (1), 25.16 $1,000,000 in fiscal year 2001 is to 25.17 provide services to TANF-eligible 25.18 families who are participating in the 25.19 supportive housing and managed care 25.20 pilot project under Minnesota Statutes, 25.21 section 256K.25. For fiscal years 2002 25.22 and 2003 the commissioner of finance 25.23 shall ensure that the base level 25.24 funding for this project is $1,000,000 25.25 each year. The appropriations in this 25.26 clause shall not become part of the 25.27 base for this project for the 2004-2005 25.28 biennium. 25.29 [TANF TRANSFER TO CHILD CARE BLOCK 25.30 GRANT.] $651,000 in fiscal year 2001 is 25.31 transferred from the state's federal 25.32 TANF block grant to the state's federal 25.33 child care development fund block 25.34 grant, and is appropriated to the 25.35 commissioner of children, families, and 25.36 learning for the purposes of Minnesota 25.37 Statutes, section 119B.05. 25.38 [TANF TRANSFER TO SOCIAL SERVICES.] 25.39 $7,500,000is transferredfrom the 25.40 state's federal TANF block grant is 25.41 appropriated to the commissioner of 25.42 human services for transfer to the 25.43 state's federal Title XX block grant in 25.44 fiscal year 2001 and in fiscal year 25.45 2002, for purposes of increasing 25.46 services for families with children 25.47 whose incomes are at or below 200 25.48 percent of the federal poverty 25.49 guidelines. Notwithstanding section 6, 25.50 this paragraph expires June 30, 2002. 25.51 [TANF MOE.] (a) In order to meet the 25.52 basic maintenance of effort (MOE) 25.53 requirements of the TANF block grant 25.54 specified under United States Code, 25.55 title 42, section 609(a)(7), the 25.56 commissioner may only report nonfederal 25.57 money expended for allowable activities 25.58 listed in the following clauses as TANF 25.59 MOE expenditures: 25.60 (1) MFIP cash and food assistance 25.61 benefits under Minnesota Statutes, 25.62 chapter 256J; 25.63 (2) the child care assistance programs 25.64 under Minnesota Statutes, sections 26.1 119B.03 and 119B.05, and county child 26.2 care administrative costs under 26.3 Minnesota Statutes, section 119B.15; 26.4 (3) state and county MFIP 26.5 administrative costs under Minnesota 26.6 Statutes, chapters 256J and 256K; 26.7 (4) state, county, and tribal MFIP 26.8 employment services under Minnesota 26.9 Statutes, chapters 256J and 256K; and 26.10 (5) expenditures made on behalf of 26.11 noncitizen MFIP recipients who qualify 26.12 for the medical assistance without 26.13 federal financial participation program 26.14 under Minnesota Statutes, section 26.15 256B.06, subdivision 4, paragraphs (d), 26.16 (e), and (j). 26.17 (b) The commissioner shall ensure that 26.18 sufficient qualified nonfederal 26.19 expenditures are made each year to meet 26.20 the state's TANF MOE requirements. For 26.21 the activities listed in paragraph (a), 26.22 clauses (2) to (6), the commissioner 26.23 may only report expenditures that are 26.24 excluded from the definition of 26.25 assistance under Code of Federal 26.26 Regulations, title 45, section 260.31. 26.27 If nonfederal expenditures for the 26.28 programs and purposes listed in 26.29 paragraph (a) are insufficient to meet 26.30 the state's TANF MOE requirements, the 26.31 commissioner shall recommend additional 26.32 allowable sources of nonfederal 26.33 expenditures to the legislature, if the 26.34 legislature is or will be in session to 26.35 take action to specify additional 26.36 sources of nonfederal expenditures for 26.37 TANF MOE before a federal penalty is 26.38 imposed. The commissioner shall 26.39 otherwise provide notice to the 26.40 legislative commission on planning and 26.41 fiscal policy under paragraph (d). 26.42 (c) If the commissioner uses authority 26.43 granted under Laws 1999, chapter 245, 26.44 article 1, section 10, or similar 26.45 authority granted by a subsequent 26.46 legislature, to meet the state's TANF 26.47 MOE requirements in a reporting period, 26.48 the commissioner shall inform the 26.49 chairs of the appropriate legislative 26.50 committees about all transfers made 26.51 under that authority for this purpose. 26.52 (d) If the commissioner determines that 26.53 nonfederal expenditures for the 26.54 programs under Minnesota Statutes, 26.55 section 256J.025, are insufficient to 26.56 meet TANF MOE expenditure requirements, 26.57 and if the legislature is not or will 26.58 not be in session to take timely action 26.59 to avoid a federal penalty, the 26.60 commissioner may report nonfederal 26.61 expenditures from other allowable 26.62 sources as TANF MOE expenditures after 26.63 the requirements of this paragraph are 26.64 met. 27.1 The commissioner may report nonfederal 27.2 expenditures in addition to those 27.3 specified under paragraph (a) as 27.4 nonfederal TANF MOE expenditures, but 27.5 only ten days after the commissioner of 27.6 finance has first submitted the 27.7 commissioner's recommendations for 27.8 additional allowable sources of 27.9 nonfederal TANF MOE expenditures to the 27.10 members of the legislative commission 27.11 on planning and fiscal policy for their 27.12 review. 27.13 (e) The commissioner of finance shall 27.14 not incorporate any changes in federal 27.15 TANF expenditures or nonfederal 27.16 expenditures for TANF MOE that may 27.17 result from reporting additional 27.18 allowable sources of nonfederal TANF 27.19 MOE expenditures under the interim 27.20 procedures in paragraph (d) into the 27.21 February or November forecasts required 27.22 under Minnesota Statutes, section 27.23 16A.103, unless the commissioner of 27.24 finance has approved the additional 27.25 sources of expenditures under paragraph 27.26 (d). 27.27 (f) The provisions of paragraphs (a) to 27.28 (e) supersede any contrary provisions 27.29 in Laws 1999, chapter 245, article 1, 27.30 section 2, subdivision 10. 27.31 (g) The provisions of Minnesota 27.32 Statutes, section 256.011, subdivision 27.33 3, which require that federal grants or 27.34 aids secured or obtained under that 27.35 subdivision be used to reduce any 27.36 direct appropriations provided by law 27.37 do not apply if the grants or aids are 27.38 federal TANF funds. 27.39 (h) Notwithstanding section 6 of this 27.40 article, paragraphs (a) to (g) expire 27.41 June 30, 2003. 27.42 (i) Paragraphs (a) to (h) are effective 27.43 the day following final enactment. 27.44 (a) Assistance to Families Grants 27.45 9,628,000 (2,305,000) 27.46 (b) Work Grants 27.47 -0- (250,000) 27.48 (c) AFDC and Other Assistance 27.49 20,000,000 30,734,000 27.50 [TRANSFERS TO MINNESOTA HOUSING FINANCE 27.51 AGENCY.] (a) By June 30, 2001, the 27.52 commissioner shall transfer $50,000,000 27.53 of the general funds appropriated under 27.54 this paragraph to the Minnesota housing 27.55 finance agency for transfer to the 27.56 housing development fund. The program 27.57 funded by this transfer shall be known 27.58 as the "Bruce F. Vento Year 2000 27.59 Affordable Housing Program." Up to 28.1$15,000,000$20,000,000 may be 28.2 transferred in fiscal year 2000. 28.3 (b) Of the funds transferred in 28.4 paragraph (a), $5,000,000 in fiscal 28.5 year 2001 and $15,000,000 in fiscal 28.6 year 2002 is for a loan to Habitat for 28.7 Humanity of Minnesota, Inc. The loan 28.8 shall be an interest-free deferred 28.9 loan. The loan shall become due and 28.10 payable in the event and to the extent 28.11 that Habitat for Humanity of Minnesota, 28.12 Inc. does not invest repayments and 28.13 prepayment of mortgage loans financed 28.14 with this appropriation in new 28.15 mortgages for additional homebuyers 28.16 through Habitat for Humanity of 28.17 Minnesota, Inc. To the extent 28.18 practicable, funding must be allocated 28.19 to Habitat for Humanity chapters on the 28.20 basis of the number of MFIP households 28.21 residing within a chapter's service 28.22 area compared to the statewide total of 28.23 MFIP households and on the basis of a 28.24 chapter's capacity. 28.25 (c) Of the funds transferred in 28.26 paragraph (a), $15,000,000 in fiscal 28.27 year 2001 and $15,000,000 in fiscal 28.28 year 2002 is for the affordable rental 28.29 investment fund program under Minnesota 28.30 Statutes, section 462A.21, subdivision 28.31 8b. To the extent practicable, the 28.32 number of units financed with the 28.33 appropriation under this paragraph 28.34 within a city, county, or region shall 28.35 reflect the number of MFIP households 28.36 residing within the city, county, or 28.37 region compared to the statewide total 28.38 of MFIP households. This appropriation 28.39 must be used to finance rental housing 28.40 units that serve families: 28.41 (1) receiving MFIP benefits under 28.42 Minnesota Statutes, section 256J.01, or 28.43 its successor program; and 28.44 (2) who have lost eligibility for MFIP 28.45 due to increased income from employment 28.46 or due to the collection of child or 28.47 spousal support under part D of title 28.48 IV of the Social Security Act. 28.49 Units produced with this appropriation 28.50 must remain affordable for a 30-year 28.51 period. 28.52 In order to coordinate the availability 28.53 of housing developed with the 28.54 appropriation under this paragraph with 28.55 MFIP families in need of affordable 28.56 housing, the commissioner of the 28.57 Minnesota housing finance agency, with 28.58 the assistance of the commissioner of 28.59 human services, shall establish 28.60 cooperative relationships with county 28.61 agencies as defined in Minnesota 28.62 Statutes, section 256J.08, local 28.63 employment and training service 28.64 providers as defined in Minnesota 28.65 Statutes, section 256J.49, local social 29.1 service agencies, or other 29.2 organizations that provide assistance 29.3 to MFIP households. 29.4 The commissioner of the Minnesota 29.5 housing finance agency shall develop 29.6 strategies to promote occupancy of the 29.7 units financed by the appropriation 29.8 under this paragraph by households most 29.9 in need of subsidized housing. The 29.10 strategies shall include provisions 29.11 that encourage households to move into 29.12 homeownership or unsubsidized housing 29.13 as the household secures stable 29.14 employment and achieves 29.15 self-sufficiency. The commissioner of 29.16 the Minnesota housing finance agency 29.17 shall consult with interested parties 29.18 in developing these strategies. 29.19 (d) The commissioner of the Minnesota 29.20 housing finance agency and the 29.21 commissioner of human services shall 29.22 jointly prepare and submit a report to 29.23 the governor and the legislature on the 29.24 results of the funding provided under 29.25 this section. The report shall include: 29.26 (1) information on the number of units 29.27 produced; 29.28 (2) the household size and income of 29.29 the occupants of the units at initial 29.30 occupancy; and 29.31 (3) to the extent the information is 29.32 available, measures related to the 29.33 occupants' attachment to the workforce 29.34 and public assistance usage, and number 29.35 of occupant moves. 29.36 The report must be submitted annually 29.37 beginning January 15, 2003. 29.38 (e) Section 6, sunset of uncodified 29.39 language, does not apply to paragraphs 29.40 (a) to (d). Paragraphs (a) to (d) are 29.41 effective the day following final 29.42 enactment. 29.43 [WORKING FAMILY CREDIT.] (a) On a 29.44 regular basis, the commissioner of 29.45 revenue, with the assistance of the 29.46 commissioner of human services, shall 29.47 calculate the value of the refundable 29.48 portion of the Minnesota working family 29.49 credits provided under Minnesota 29.50 Statutes, section 290.0671, that 29.51 qualifies for federal reimbursement 29.52 from the temporary assistance to needy 29.53 families block grant. The commissioner 29.54 of revenue shall provide the 29.55 commissioner of human services with 29.56 such expenditure records and 29.57 information as are necessary to support 29.58 draws of federal funds. The 29.59 commissioner of human services shall 29.60 reimburse the commissioner of revenue 29.61 for the costs of providing the 29.62 information required by this paragraph. 30.1 (b) Federal TANF funds, as specified in 30.2 this paragraph, are appropriated to the 30.3 commissioner of human services based on 30.4 calculations under paragraph (a) of 30.5 working family tax credit expenditures 30.6 that qualify for reimbursement from the 30.7 TANF block grant for income tax refunds 30.8 payable in federal fiscal years 30.9 beginning October 1, 1999. The draws 30.10 of federal TANF funds shall be made on 30.11 a regular basis based on calculations 30.12 of credit expenditures by the 30.13 commissioner of revenue. Up to the 30.14 following amounts of federal TANF draws 30.15 are appropriated to the commissioner of 30.16 human services to deposit into the 30.17 general fund: in fiscal year 2000, 30.18$30,957,000$20,000,000; and in fiscal 30.19 year 2001,$33,895,000$40,449,000. 30.20 (d) General Assistance 30.21 557,000 (3,134,000) 30.22 (e) Minnesota Supplemental Aid 30.23 324,000 323,000 30.24 Sec. 23. [CORRECTION 14B.] Minnesota Statutes 1999 30.25 Supplement, section 256B.431, subdivision 28, as amended by Laws 30.26 2000, chapter 488, article 9, section 19, is amended to read: 30.27 Subd. 28. [NURSING FACILITY RATE INCREASES BEGINNING JULY 30.28 1, 1999, AND JULY 1, 2000.] (a) For the rate years beginning 30.29 July 1, 1999, and July 1, 2000, the commissioner shall make 30.30 available to each nursing facility reimbursed under this section 30.31 or section 256B.434 an adjustment to the total operating payment 30.32 rate. For nursing facilities reimbursed under this section or 30.33 section 256B.434, the July 1, 2000, operating payment rate 30.34 increases provided in this subdivision shall be applied to each 30.35 facility's June 30, 2000, operating payment rate. For each 30.36 facility, total operating costs shall be separated into costs 30.37 that are compensation related and all other costs. 30.38 Compensation-related costs include salaries, payroll taxes, and 30.39 fringe benefits for all employees except management fees, the 30.40 administrator, and central office staff. 30.41 (b) For the rate year beginning July 1, 1999, the 30.42 commissioner shall make available a rate increase for 30.43 compensation-related costs of 4.843 percent and a rate increase 30.44 for all other operating costs of 3.446 percent. 30.45 (c) For the rate year beginning July 1, 2000, the 31.1 commissioner shall make available: 31.2 (1) a rate increase for compensation-related costs of 3.632 31.3 percent; 31.4 (2) an additional rate increase for each case mix payment 31.5 rate which must be used to increase the per-hour pay rate of all 31.6 employees except management fees, the administrator, and central 31.7 office staff by an equal dollar amount and to pay associated 31.8 costs for FICA, the Medicare tax, workers' compensation 31.9 premiums, and federal and state unemployment insurance, to be 31.10 calculated according to clauses (i) to (iii): 31.11 (i) the commissioner shall calculate the arithmetic mean of 31.12 the eleven June 30, 2000, operating rates for each facility; 31.13 (ii) the commissioner shall construct an array of nursing 31.14 facilities from highest to lowest, according to the arithmetic 31.15 mean calculated in clause (i). A numerical rank shall be 31.16 assigned to each facility in the array. The facility with the 31.17 highest mean shall be assigned a numerical rank of one. The 31.18 facility with the lowest mean shall be assigned a numerical rank 31.19 equal to the total number of nursing facilities in the array. 31.20 All other facilities shall be assigned a numerical rank in 31.21 accordance with their position in the array; 31.22 (iii) the amount of the additional rate increase shall be 31.23 $1 plus an amount equal to $3.13 multiplied by the ratio of the 31.24 facility's numeric rank divided by the number of facilities in 31.25 the array; and 31.26 (3) a rate increase for all other operating costs of 2.585 31.27 percent. 31.28 Money received by a facility as a result of the additional 31.29 rate increase provided under clause (2) shall be used only for 31.30 wage increases implemented on or after July 1, 2000, and shall 31.31 not be used for wage increases implemented prior to that date. 31.32 (d) The payment rate adjustment for each nursing facility 31.33 must be determined under clause (1) or (2): 31.34 (1) for each nursing facility that reports salaries for 31.35 registered nurses, licensed practical nurses, aides, orderlies, 31.36 and attendants separately, the commissioner shall determine the 32.1 payment rate adjustment using the categories specified in 32.2 paragraph (a) multiplied by the rate increases specified in 32.3 paragraph (b) or (c), and then dividing the resulting amount by 32.4 the nursing facility's actual resident days. In determining the 32.5 amount of a payment rate adjustment for a nursing facility 32.6 reimbursed under section 256B.434, the commissioner shall 32.7 determine the proportions of the facility's rates that are 32.8 compensation-related costs and all other operating costs based 32.9 on the facility's most recent cost report; and 32.10 (2) for each nursing facility that does not report salaries 32.11 for registered nurses, licensed practical nurses, aides, 32.12 orderlies, and attendants separately, the payment rate 32.13 adjustment shall be computed using the facility's total 32.14 operating costs, separated into the categories specified in 32.15 paragraph (a) in proportion to the weighted average of all 32.16 facilities determined under clause (1), multiplied by the rate 32.17 increases specified in paragraph (b) or (c), and then dividing 32.18 the resulting amount by the nursing facility's actual resident 32.19 days. 32.20 (e) A nursing facility may apply for the 32.21 compensation-related payment rate adjustment calculated under 32.22 this subdivision. The application must be made to the 32.23 commissioner and contain a plan by which the nursing facility 32.24 will distribute the compensation-related portion of the payment 32.25 rate adjustment to employees of the nursing facility. For 32.26 nursing facilities in which the employees are represented by an 32.27 exclusive bargaining representative, an agreement negotiated and 32.28 agreed to by the employer and the exclusive bargaining 32.29 representative constitutes the plan. For the second rate year, 32.30 a negotiated agreement constitutes the plan only if the 32.31 agreement is finalized after the date of enactment of all rate 32.32 increases for the second rate year. The commissioner shall 32.33 review the plan to ensure that the payment rate adjustment per 32.34 diem is used as provided in paragraphs (a) to (c). To be 32.35 eligible, a facility must submit its plan for the compensation 32.36 distribution by December 31 each year. A facility may amend its 33.1 plan for the second rate year by submitting a revised plan by 33.2 December 31, 2000. If a facility's plan for compensation 33.3 distribution is effective for its employees after July 1 of the 33.4 year that the funds are available, the payment rate adjustment 33.5 per diem shall be effective the same date as its plan. 33.6 (f) A copy of the approved distribution plan must be made 33.7 available to all employees. This must be done by giving each 33.8 employee a copy or by posting it in an area of the nursing 33.9 facility to which all employees have access. If an employee 33.10 does not receive the compensation adjustment described in their 33.11 facility's approved plan and is unable to resolve the problem 33.12 with the facility's management or through the employee's union 33.13 representative, the employee may contact the commissioner at an 33.14 address or phone number provided by the commissioner and 33.15 included in the approved plan. 33.16 (g) If the reimbursement system under section 256B.435 is 33.17 not implemented until July 1, 2001, the salary adjustment per 33.18 diem authorized in subdivision 2i, paragraph (c), shall continue 33.19 until June 30, 2001. 33.20 (h) For the rate year beginning July 1, 1999, the following 33.21 nursing facilities shall be allowed a rate increase equal to 67 33.22 percent of the rate increase that would be allowed if 33.23 subdivision 26, paragraph (a), was not applied: 33.24 (1) a nursing facility in Carver county licensed for 33 33.25 nursing home beds and four boarding care beds; 33.26 (2) a nursing facility in Faribault county licensed for 159 33.27 nursing home beds on September 30, 1998; and 33.28 (3) a nursing facility in Houston county licensed for 68 33.29 nursing home beds on September 30, 1998. 33.30 (i) For the rate year beginning July 1, 1999, the following 33.31 nursing facilities shall be allowed a rate increase equal to 67 33.32 percent of the rate increase that would be allowed if 33.33 subdivision 26, paragraphs (a) and (b), were not applied: 33.34 (1) a nursing facility in Chisago county licensed for 135 33.35 nursing home beds on September 30, 1998; and 33.36 (2) a nursing facility in Murray county licensed for 62 34.1 nursing home beds on September 30, 1998. 34.2 (j) For the rate year beginning July 1, 1999, a nursing 34.3 facility in Hennepin county licensed for 134 beds on September 34.4 30, 1998, shall: 34.5 (1) have the prior year's allowable care-related per diem 34.6 increased by $3.93 and the prior year's other operating cost per 34.7 diem increased by $1.69 before adding the inflation in 34.8 subdivision 26, paragraph (d), clause (2); and 34.9 (2) be allowed a rate increase equal to 67 percent of the 34.10 rate increase that would be allowed if subdivision 26, 34.11 paragraphs (a) and (b), were not applied. 34.12 The increases provided in paragraphs (h), (i), and (j) 34.13 shall be included in the facility's total payment rates for the 34.14 purposes of determining future rates under this section or any 34.15 other section. 34.16 Sec. 24. [CORRECTION 14C.] Minnesota Statutes 1998, 34.17 section 256B.501, subdivision 13, as added by Laws 2000, chapter 34.18 488, article 9, section 23, is amended to read: 34.19 Subd. 13. [ICF/MR RATE INCREASES BEGINNING OCTOBER 1, 34.20 1999, AND OCTOBER 1, 2000.] (a) For the rate years beginning 34.21 October 1, 1999, and October 1, 2000, the commissioner shall 34.22 make available to each facility reimbursed under this section, 34.23 section 256B.5011, and Laws 1993, First Special Session chapter 34.24 1, article 4, section 11, an adjustment to the total operating 34.25 payment rate. For each facility, total operating costs shall be 34.26 separated into costs that are compensation related and all other 34.27 costs. "Compensation-related costs" means the facility's 34.28 allowable program operating cost category employee training 34.29 expenses and the facility's allowable salaries, payroll taxes, 34.30 and fringe benefits. The term does not include these same 34.31 salary-related costs for both administrative or central office 34.32 employees. 34.33 For the purpose of determining the adjustment to be granted 34.34 under this subdivision, the commissioner must use the most 34.35 recent cost report that has been subject to desk audit. 34.36 (b) For the rate year beginning October 1, 1999, the 35.1 commissioner shall make available a rate increase for 35.2 compensation-related costs of 4.6 percent and a rate increase 35.3 for all other operating costs of 3.2 percent. 35.4 (c) For the rate year beginning October 1, 2000, the 35.5 commissioner shall make available: 35.6 (1) a rate increase for compensation related costs of6.535.7 6.6 percent, 45 percent of which shall be used to increase the 35.8 per-hour pay rate of all employees except administrative and 35.9 central office employees by an equal dollar amount and to pay 35.10 associated costs for FICA, the Medicare tax, workers' 35.11 compensation premiums, and federal and state unemployment 35.12 insurance provided that this portion of the compensation-related 35.13 increase shall be used only for wage increases implemented on or 35.14 after October 1, 2000, and shall not be used for wage increases 35.15 implemented prior to that date; and 35.16 (2) a rate increase for all other operating costs of two 35.17 percent. 35.18 (d) For each facility, the commissioner shall determine the 35.19 payment rate adjustment using the categories specified in 35.20 paragraph (a) multiplied by the rate increases specified in 35.21 paragraph (b) or (c), and then dividing the resulting amount by 35.22 the facility's actual resident days. 35.23 (e) Any facility whose payment rates are governed by 35.24 closure agreements, receivership agreements, or Minnesota Rules, 35.25 part 9553.0075, are not eligible for an adjustment otherwise 35.26 granted under this subdivision. 35.27 (f) A facility may apply for the compensation-related 35.28 payment rate adjustment calculated under this subdivision. The 35.29 application must be made to the commissioner and contain a plan 35.30 by which the facility will distribute the compensation-related 35.31 portion of the payment rate adjustment to employees of the 35.32 facility. For facilities in which the employees are represented 35.33 by an exclusive bargaining representative, an agreement 35.34 negotiated and agreed to by the employer and the exclusive 35.35 bargaining representative constitutes the plan. For the second 35.36 rate year, a negotiated agreement may constitute the plan only 36.1 if the agreement is finalized after the date of enactment of all 36.2 rate increases for the second rate year. The commissioner shall 36.3 review the plan to ensure that the payment rate adjustment per 36.4 diem is used as provided in this subdivision. To be eligible, a 36.5 facility must submit its plan for the compensation distribution 36.6 by December 31 each year. A facility may amend its plan for the 36.7 second rate year by submitting a revised plan by December 31, 36.8 2000. If a facility's plan for compensation distribution is 36.9 effective for its employees after October 1 of the year that the 36.10 funds are available, the payment rate adjustment per diem shall 36.11 be effective the same date as its plan. 36.12 (g) A copy of the approved distribution plan must be made 36.13 available to all employees. This must be done by giving each 36.14 employee a copy or by posting it in an area of the facility to 36.15 which all employees have access. If an employee does not 36.16 receive the compensation adjustment described in their 36.17 facility's approved plan and is unable to resolve the problem 36.18 with the facility's management or through the employee's union 36.19 representative, the employee may contact the commissioner at an 36.20 address or telephone number provided by the commissioner and 36.21 included in the approved plan. 36.22 Sec. 25. [CORRECTION 14D.] Laws 1999, chapter 245, article 36.23 1, section 2, subdivision 8, as amended by Laws 2000, chapter 36.24 488, article 9, section 29, is amended to read: 36.25 Subd. 8. Continuing Care and 36.26 Community Support Grants 36.27 General 1,174,195,000 1,259,767,000 36.28 Lottery Prize 1,158,000 1,158,000 36.29 The amounts that may be spent from this 36.30 appropriation for each purpose are as 36.31 follows: 36.32 (a) Community Social Services 36.33 Block Grants 36.34 42,597,000 43,498,000 36.35 [CSSA TRADITIONAL APPROPRIATION.] 36.36 Notwithstanding Minnesota Statutes, 36.37 section 256E.06, subdivisions 1 and 2, 36.38 the appropriations available under that 36.39 section in fiscal years 2000 and 2001 36.40 must be distributed to each county 36.41 proportionately to the aid received by 37.1 the county in calendar year 1998. The 37.2 commissioner, in consultation with 37.3 counties, shall study the formula 37.4 limitations in subdivision 2 of that 37.5 section, and report findings and any 37.6 recommendations for revision of the 37.7 CSSA formula and its formula limitation 37.8 provisions to the legislature by 37.9 January 15, 2000. 37.10 (b) Consumer Support Grants 37.11 1,123,000 1,123,000 37.12 (c) Aging Adult Service Grants 37.13 7,965,000 7,765,000 37.14 [LIVING-AT-HOME/BLOCK NURSE PROGRAM.] 37.15 Of the general fund appropriation, 37.16 $120,000 in fiscal year 2000 and 37.17 $120,000 in fiscal year 2001 is for the 37.18 commissioner to provide funding to six 37.19 additional living-at-home/block nurse 37.20 programs. This appropriation shall 37.21 become part of the base for the 37.22 2002-2003 biennium. 37.23 [MINNESOTA SENIOR SERVICE CORPS.] Of 37.24 this appropriation, $160,000 for the 37.25 biennium is from the general fund to 37.26 the commissioner for the following 37.27 purposes: 37.28 (a) $40,000 in fiscal year 2000 and 37.29 $40,000 in fiscal year 2001 is to 37.30 increase the hourly stipend by ten 37.31 cents per hour in the foster 37.32 grandparent program, the retired and 37.33 senior volunteer program, and the 37.34 senior companion program. 37.35 (b) $40,000 in fiscal year 2000 and 37.36 $40,000 in fiscal year 2001 is for a 37.37 grant to the tri-valley opportunity 37.38 council in Crookston to expand services 37.39 in the ten-county area of northwestern 37.40 Minnesota. 37.41 (c) This appropriation shall become 37.42 part of the base for the 2002-2003 37.43 biennium. 37.44 [HEALTH INSURANCE COUNSELING.] Of this 37.45 appropriation, $100,000 in fiscal year 37.46 2000 and $100,000 in fiscal year 2001 37.47 is from the general fund to the 37.48 commissioner to transfer to the board 37.49 on aging for the purpose of awarding 37.50 health insurance counseling and 37.51 assistance grants to the area agencies 37.52 on aging providing state-funded health 37.53 insurance counseling services. Access 37.54 to health insurance counseling programs 37.55 shall be provided by the senior linkage 37.56 line service of the board on aging and 37.57 the area agencies on aging. The board 37.58 on aging shall explore opportunities 37.59 for obtaining alternative funding from 37.60 nonstate sources, including 37.61 contributions from individuals seeking 38.1 health insurance counseling services. 38.2 This is a one-time appropriation and 38.3 shall not become part of base level 38.4 funding for this activity for the 38.5 2002-2003 biennium. 38.6 (d) Deaf and Hard-of-Hearing 38.7 Services Grants 38.8 1,859,000 1,760,000 38.9 [SERVICES TO DEAF PERSONS WITH MENTAL 38.10 ILLNESS.] Of this appropriation, 38.11 $100,000 each year is to the 38.12 commissioner for a grant to a nonprofit 38.13 agency that currently serves deaf and 38.14 hard-of-hearing adults with mental 38.15 illness through residential programs 38.16 and supported housing outreach. The 38.17 grant must be used to operate a 38.18 community support program for persons 38.19 with mental illness that is 38.20 communicatively accessible for persons 38.21 who are deaf or hard-of-hearing. This 38.22 is a one-time appropriation and shall 38.23 not become part of base level funding 38.24 for this activity for the 2002-2003 38.25 biennium. 38.26 [DEAF-BLIND ORIENTATION AND MOBILITY 38.27 SERVICES.] Of this appropriation, 38.28 $120,000 for the biennium is to the 38.29 commissioner for a grant to DeafBlind 38.30 Services Minnesota to hire an 38.31 orientation, mobility, and deaf-blind 38.32 specialist to work with deaf-blind 38.33 people and for related costs. The 38.34 specialist will provide services to 38.35 deaf-blind Minnesotans, and training to 38.36 teachers and rehabilitation counselors, 38.37 on a statewide basis. This 38.38 appropriation shall become part of base 38.39 level funding for this activity for the 38.40 2002-2003 biennium only and shall not 38.41 be part of the base for the 2004-2005 38.42 biennium. Notwithstanding section 13, 38.43 this paragraph expires on June 30, 2003. 38.44 (e) Mental Health Grants 38.45 General 45,169,000 46,528,000 38.46 Lottery Prize 1,158,000 1,158,000 38.47 [CRISIS HOUSING.] Of the general fund 38.48 appropriation, $126,000 in fiscal year 38.49 2000 and $150,000 in fiscal year 2001 38.50 is to the commissioner for the adult 38.51 mental illness crisis housing 38.52 assistance program under Minnesota 38.53 Statutes, section 245.99. This 38.54 appropriation shall become part of the 38.55 base for the 2002-2003 biennium. 38.56 [ADOLESCENT COMPULSIVE GAMBLING GRANT.] 38.57 $150,000 in fiscal year 2000 and 38.58 $150,000 in fiscal year 2001 is 38.59 appropriated from the lottery prize 38.60 fund created under Minnesota Statutes, 38.61 section 349A.10, subdivision 2, to the 38.62 commissioner for the purposes of a 39.1 grant to a compulsive gambling council 39.2 located in St. Louis county for a 39.3 statewide compulsive gambling 39.4 prevention and education project for 39.5 adolescents. 39.6 (f) Developmental Disabilities 39.7 Community Support Grants 39.8 9,323,000 10,958,000 39.9 [CRISIS INTERVENTION PROJECT.] Of this 39.10 appropriation, $40,000 in fiscal year 39.11 2000 is to the commissioner for the 39.12 action, support, and prevention project 39.13 of southeastern Minnesota. 39.14 [SILS FUNDING.] Of this appropriation, 39.15 $1,000,000 each year is for 39.16 semi-independent living services under 39.17 Minnesota Statutes, section 252.275. 39.18 This appropriation must be added to the 39.19 base level funding for this activity 39.20 for the 2002-2003 biennium. Unexpended 39.21 funds for fiscal year 2000 do not 39.22 cancel but are available to the 39.23 commissioner for this purpose in fiscal 39.24 year 2001. 39.25 [FAMILY SUPPORT GRANTS.] Of this 39.26 appropriation, $1,000,000 in fiscal 39.27 year 2000 and $2,500,000 in fiscal year 39.28 2001 is to increase the availability of 39.29 family support grants under Minnesota 39.30 Statutes, section 252.32. This 39.31 appropriation must be added to the base 39.32 level funding for this activity for the 39.33 2002-2003 biennium. Unexpended funds 39.34 for fiscal year 2000 do not cancel but 39.35 are available to the commissioner for 39.36 this purpose in fiscal year 2001. 39.37 (g) Medical Assistance Long-Term 39.38 Care Waivers and Home Care 39.39 349,052,000 414,240,000 39.40 [PROVIDER RATE INCREASES.] (a) The 39.41 commissioner shall increase 39.42 reimbursement rates by four percent the 39.43 first year of the biennium and by 39.445.9six percent the second year for the 39.45 providers listed in paragraph (b). The 39.46 increases shall be effective for 39.47 services rendered on or after July 1 of 39.48 each year. 39.49 (b) The rate increases described in 39.50 this section shall be provided to home 39.51 and community-based waivered services 39.52 for persons with mental retardation or 39.53 related conditions under Minnesota 39.54 Statutes, section 256B.501; home and 39.55 community-based waivered services for 39.56 the elderly under Minnesota Statutes, 39.57 section 256B.0915; waivered services 39.58 under community alternatives for 39.59 disabled individuals under Minnesota 39.60 Statutes, section 256B.49; community 39.61 alternative care waivered services 39.62 under Minnesota Statutes, section 40.1 256B.49; traumatic brain injury 40.2 waivered services under Minnesota 40.3 Statutes, section 256B.49; nursing 40.4 services and home health services under 40.5 Minnesota Statutes, section 256B.0625, 40.6 subdivision 6a; personal care services 40.7 and nursing supervision of personal 40.8 care services under Minnesota Statutes, 40.9 section 256B.0625, subdivision 19a; 40.10 private-duty nursing services under 40.11 Minnesota Statutes, section 256B.0625, 40.12 subdivision 7; day training and 40.13 habilitation services for adults with 40.14 mental retardation or related 40.15 conditions under Minnesota Statutes, 40.16 sections 252.40 to 252.46; alternative 40.17 care services under Minnesota Statutes, 40.18 section 256B.0913; adult residential 40.19 program grants under Minnesota Rules, 40.20 parts 9535.2000 to 9535.3000; adult and 40.21 family community support grants under 40.22 Minnesota Rules, parts 9535.1700 to 40.23 9535.1760; semi-independent living 40.24 services under Minnesota Statutes, 40.25 section 252.275, including SILS funding 40.26 under county social services grants 40.27 formerly funded under Minnesota 40.28 Statutes, chapter 256I; and community 40.29 support services for deaf and 40.30 hard-of-hearing adults with mental 40.31 illness who use or wish to use sign 40.32 language as their primary means of 40.33 communication. 40.34 (c) The commissioner shall increase 40.35 reimbursement rates by two percent for 40.36 the group residential housing 40.37 supplementary service rate under 40.38 Minnesota Statutes, section 256I.05, 40.39 subdivision 1a, for services rendered 40.40 on or after January 1, 2000. 40.41 (d) Providers that receive a rate 40.42 increase under this section shall use 40.43 at least 80 percent of the additional 40.44 revenue the first year to increase the 40.45 compensation paid to employees other 40.46 than the administrator and central 40.47 office staff. In the second year, 40.48 providers must use the additional 40.49 revenue as follows: 40.50 (1) at least4140 percent to increase 40.51 the compensation paid to employees 40.52 other than the administrator and 40.53 central office staff; 40.54 (2) at least4950 percent to increase 40.55 the per-hour pay rate of all employees 40.56 other than the administrator and 40.57 central office staff by an equal dollar 40.58 amount and to pay associated costs for 40.59 FICA, the Medicare tax, workers' 40.60 compensation premiums, and federal and 40.61 state unemployment insurance. For 40.62 public employees, the portion of this 40.63 increase reserved to increase the 40.64 per-hour pay rate for certain staff by 40.65 an equal dollar amount shall be 40.66 available and pay rates shall be 40.67 increased only to the extent that they 41.1 comply with laws governing public 41.2 employees collective bargaining. Money 41.3 received by a provider as a result of 41.4 the additional rate increase described 41.5 in this clause shall be used only for 41.6 wage increases implemented on or after 41.7 July 1, 2000, and shall not be used for 41.8 wage increases implemented prior to 41.9 that date; and 41.10 (3) up to ten percent for other 41.11 purposes. 41.12 (e) A copy of the provider's plan for 41.13 complying with paragraph (d) must be 41.14 made available to all employees. This 41.15 must be done by giving each employee a 41.16 copy or by posting it in an area of the 41.17 provider's operation to which all 41.18 employees have access. If an employee 41.19 does not receive the salary adjustment 41.20 described in the plan and is unable to 41.21 resolve the problem with the provider, 41.22 the employee may contact the employee's 41.23 union representative. If the employee 41.24 is not covered by a collective 41.25 bargaining agreement, the employee may 41.26 contact the commissioner at a phone 41.27 number provided by the commissioner and 41.28 included in the provider's plan. 41.29 (f) Section 13, sunset of uncodified 41.30 language, does not apply to this 41.31 provision. 41.32 [DEVELOPMENTAL DISABILITIES WAIVER 41.33 SLOTS.] Of this appropriation, 41.34 $1,746,000 in fiscal year 2000 and 41.35 $4,683,000 in fiscal year 2001 is to 41.36 increase the availability of home and 41.37 community-based waiver services for 41.38 persons with mental retardation or 41.39 related conditions. 41.40 (h) Medical Assistance Long-Term 41.41 Care Facilities 41.42 546,228,000 558,349,000 41.43 [MORATORIUM EXCEPTIONS.] Of this 41.44 appropriation, $250,000 in fiscal year 41.45 2000 and $250,000 in fiscal year 2001 41.46 is from the general fund to the 41.47 commissioner for the medical assistance 41.48 costs of moratorium exceptions approved 41.49 by the commissioner of health under 41.50 Minnesota Statutes, section 144A.073. 41.51 Unexpended money appropriated for 41.52 fiscal year 2000 shall not cancel but 41.53 shall be available for fiscal year 2001. 41.54 [NURSING FACILITY OPERATED BY THE RED 41.55 LAKE BAND OF CHIPPEWA INDIANS.] (1) The 41.56 medical assistance payment rates for 41.57 the 47-bed nursing facility operated by 41.58 the Red Lake Band of Chippewa Indians 41.59 must be calculated according to 41.60 allowable reimbursement costs under the 41.61 medical assistance program, as 41.62 specified in Minnesota Statutes, 41.63 section 246.50, and are subject to the 42.1 facility-specific Medicare upper limits. 42.2 (2) In addition, the commissioner shall 42.3 make available an operating payment 42.4 rate adjustment effective July 1, 1999, 42.5 and July 1, 2000, that is equal to the 42.6 adjustment provided under Minnesota 42.7 Statutes, section 256B.431, subdivision 42.8 28. The commissioner must use the 42.9 facility's final 1998 and 1999 Medicare 42.10 cost reports, respectively, to 42.11 calculate the adjustment. The 42.12 adjustment shall be available based on 42.13 a plan submitted and approved according 42.14 to Minnesota Statutes, section 42.15 256B.431, subdivision 28. Section 13, 42.16 sunset of uncodified language, does not 42.17 apply to this paragraph. 42.18 [COSTS RELATED TO FACILITY 42.19 CERTIFICATION.] Of this appropriation, 42.20 $168,000 is for the costs of providing 42.21 one-half the state share of medical 42.22 assistance reimbursement for 42.23 residential and day habilitation 42.24 services under article 3, section 39. 42.25 This amount is available the day 42.26 following final enactment. 42.27 (i) Alternative Care Grants 42.28 General 60,873,000 59,981,000 42.29 [ALTERNATIVE CARE TRANSFER.] Any money 42.30 allocated to the alternative care 42.31 program that is not spent for the 42.32 purposes indicated does not cancel but 42.33 shall be transferred to the medical 42.34 assistance account. 42.35 [PREADMISSION SCREENING AMOUNT.] The 42.36 preadmission screening payment to all 42.37 counties shall continue at the payment 42.38 amount in effect for fiscal year 1999. 42.39 [ALTERNATIVE CARE APPROPRIATION.] The 42.40 commissioner may expend the money 42.41 appropriated for the alternative care 42.42 program for that purpose in either year 42.43 of the biennium. 42.44 (j) Group Residential Housing 42.45 General 66,477,000 70,390,000 42.46 [GROUP RESIDENTIAL FACILITY FOR WOMEN 42.47 IN RAMSEY COUNTY.] (a) Notwithstanding 42.48 Minnesota Statutes 1998, section 42.49 256I.05, subdivision 1d, the new 23-bed 42.50 group residential facility for women in 42.51 Ramsey county, with approval by the 42.52 county agency, may negotiate a 42.53 supplementary service rate in addition 42.54 to the board and lodging rate for 42.55 facilities licensed and registered by 42.56 the Minnesota department of health 42.57 under Minnesota Statutes, section 42.58 15.17. The supplementary service rate 42.59 shall not exceed $564 per person per 42.60 month and the total rate may not exceed 42.61 $1,177 per person per month. 43.1 (b) Of the general fund appropriation, 43.2 $19,000 in fiscal year 2000 and $38,000 43.3 in fiscal year 2001 is to the 43.4 commissioner for the costs associated 43.5 with paragraph (a). This appropriation 43.6 shall become part of the base for the 43.7 2002-2003 biennium. 43.8 (k) Chemical Dependency 43.9 Entitlement Grants 43.10 General 36,751,000 38,847,000 43.11 (l) Chemical Dependency 43.12 Nonentitlement Grants 43.13 General 6,778,000 6,328,000 43.14 [CHEMICAL DEPENDENCY SERVICES.] Of this 43.15 appropriation, $450,000 in fiscal year 43.16 2000 is to the commissioner for 43.17 chemical dependency services to persons 43.18 who qualify under Minnesota Statutes, 43.19 section 254B.04, subdivision 1, 43.20 paragraph (b). 43.21 Sec. 26. [CORRECTION 14E.] Laws 2000, chapter 488, article 43.22 10, section 37, is amended to read: 43.23 Sec. 37. [INCONSISTENT AMENDMENTS.] 43.24 The amendments to Minnesota Statutes, section 256B.501, 43.25 subdivision 13, in section1023 prevail over the amendments to 43.26 that section in 2000 H.F. No. 3557, if enacted. 43.27 Sec. 27. [CORRECTION 15.] Laws 2000, chapter 463, section 43.28 23, subdivision 2, is amended to read: 43.29 Subd. 2. [GAME AND FISH FUND.] (a) $3,591,000 in fiscal 43.30 year 2001 is appropriated from the game and fish fund to the 43.31 commissioner of natural resources for fish and wildlife 43.32 management. At least 87 percent of this appropriation must be 43.33 allocated for field operations. 43.34 (b) $825,000 in fiscal year 2001 is appropriated from the 43.35 game and fish fundisto the commissioner of natural resources 43.36 for enforcement of natural resources laws. 43.37 (c) $12,304,000 in fiscal year 2001 is appropriated from 43.38 the heritage enhancement account in the game and fish fund to 43.39 the commissioner of natural resources for game and fish projects 43.40 on public and private lands. This is a one-time appropriation 43.41 and is from the revenue deposited to the game and fish fund 43.42 under Minnesota Statutes, section 297A.44, subdivision 1, 43.43 paragraph (e), clause (1), and is subject to the restrictions 44.1 contained in paragraph (e). 44.2 Sec. 28. [CORRECTION 16.] Laws 2000, chapter 489, article 44.3 2, section 34, is amended to read: 44.4 Sec. 34. [TRAINING AND EXPERIENCE REPLACEMENT REVENUE.] 44.5 (a) For fiscal year 2001 only, a school district's training 44.6 and experience replacement revenue equals the sum of the 44.7 following: 44.8 (1)the ratio ofthe amount of training and experience 44.9 revenue the district would have received for fiscal year 1999 44.10 calculated using the training and experience index in Minnesota 44.11 Statutes 1996, section 124A.04,to its resident pupil units for44.12that year, times the district's adjusted marginal cost pupil44.13units for fiscal year 2001,times.06.056; plus 44.14 (2) the difference between .47 times the training and 44.15 experience revenue the district would have received for fiscal 44.16 year 1999, calculated using the training and experience index in 44.17 Minnesota Statutes 1996, section 124A.04, and the amount 44.18 calculated in Minnesota Statutes, section 126C.10, subdivision 44.19 5, for fiscal year 2001, but not less than zero. 44.20 (b) This revenue is paid entirely in fiscal year 2001. 44.21 Sec. 29. [CORRECTION 16A.] Minnesota Statutes 1999 44.22 Supplement, section 123B.54, as amended by Laws 2000, chapter 44.23 489, article 5, section 4, is amended to read: 44.24 123B.54 [DEBT SERVICE APPROPRIATION.] 44.25 (a) $33,141,000 in fiscal year 2000, $29,400,000 in fiscal 44.26 year 2001, $26,934,000 in fiscal year 2002, 44.27 and$25,540,000$24,540,000 in fiscal year 2003 and each year 44.28 thereafter is appropriated from the general fund to the 44.29 commissioner of children, families, and learning for payment of 44.30 debt service equalization aid under section 123B.53. 44.31 (b) The appropriations in paragraph (a) must be reduced by 44.32 the amount of any money specifically appropriated for the same 44.33 purpose in any year from any state fund. 44.34 Sec. 30. [CORRECTION 16B.] Laws 1999, chapter 241, article 44.35 2, section 60, subdivision 14, as amended by Laws 2000, chapter 44.36 489, article 3, section 21, is amended to read: 45.1 Subd. 14. [SPECIAL EDUCATION EXCESS COST AID.] For excess 45.2 cost aid: 45.3 $66,032,000 ..... 2000 45.4$89,072,000$89,137,000 ..... 2001 45.5 The 2000 appropriation includes $4,693,000 for 1999 and 45.6 $61,339,000 for 2000. 45.7 The 2001 appropriation includes $6,815,000 for 2000 45.8 and$82,257,000$82,322,000 for 2001. 45.9 Sec. 31. [CORRECTION 16C.] Laws 2000, chapter 489, article 45.10 5, section 28, subdivision 4, is amended to read: 45.11 Subd. 4. [ONE-TIME DEFERRED MAINTENANCE AID.] For one-time 45.12 deferred maintenance aid: 45.13$23,260,000$23,360,000 ..... 2001 45.14 This is a one-time appropriation. 45.15 Sec. 32. [CORRECTION 16D.] Minnesota Statutes 1999 45.16 Supplement, section 125A.76, subdivision 1, as amended by Laws 45.17 2000, chapter 489, article 3, section 11, is amended to read: 45.18 Subdivision 1. [DEFINITIONS.] For the purposes of this 45.19 section, the definitions in this subdivision apply. 45.20 (a) "Base year" for fiscal year 1998 and later fiscal years 45.21 means the second fiscal year preceding the fiscal year for which 45.22 aid will be paid. 45.23 (b) "Basic revenue" has the meaning given it in section 45.24 126C.10, subdivision 2. For the purposes of computing basic 45.25 revenue pursuant to this section, each child with a disability 45.26 shall be counted as prescribed in section 126C.05, subdivision 1. 45.27 (c) "Essential personnel" means teachers, related services, 45.28 and support services staff providing direct services to students. 45.29 (d) "Average daily membership" has the meaning given it in 45.30 section 126C.05. 45.31 (e) "Program growth factor" means 1.08 for fiscal year 45.32 2002, and1.0471.046 for fiscal year 2003 and later. 45.33 Sec. 33. [CORRECTION 17.] Minnesota Statutes 1999 45.34 Supplement, section 245.4871, subdivision 4, as amended by Laws 45.35 2000, chapter 474, section 4, is amended to read: 45.36 Subd. 4. [CASE MANAGEMENT SERVICE PROVIDER.] (a) "Case 46.1 management service provider" means a case manager or case 46.2 manager associate employed by the county or other entity 46.3 authorized by the county board to provide case management 46.4 services specified in subdivision 3 for the child with severe 46.5 emotional disturbance and the child's family. 46.6 (b) A case manager must: 46.7 (1) have experience and training in working with children; 46.8 (2) have at least a bachelor's degree in one of the 46.9 behavioral sciences or a related field including, but not 46.10 limited to, social work, psychology, or nursing from an 46.11 accredited college or university or meet the requirements of 46.12 paragraph (d); 46.13 (3) have experience and training in identifying and 46.14 assessing a wide range of children's needs; 46.15 (4) be knowledgeable about local community resources and 46.16 how to use those resources for the benefit of children and their 46.17 families; and 46.18 (5) meets the supervision and continuing education 46.19 requirements of paragraphs (e), (f), and (g), as applicable. 46.20 (c) A case manager may be a member of any professional 46.21 discipline that is part of the local system of care for children 46.22 established by the county board. 46.23 (d) A case manager without a bachelor's degree must meet 46.24 one of the requirements in clauses (1) to (3): 46.25 (1) have three or four years of experience as a case 46.26 manager associate; 46.27 (2) be a registered nurse without a bachelor's degree who 46.28 has a combination of specialized training in psychiatry and work 46.29 experience consisting of community interaction and involvement 46.30 or community discharge planning in a mental health setting 46.31 totaling three years; or 46.32 (3) be a person who qualified as a case manager under the 46.33 1998 department of human services waiver provision and meets the 46.34 continuing education, supervision, and mentoring requirements in 46.35 this section. 46.36 (e) A case manager with at least 2,000 hours of supervised 47.1 experience in the delivery of mental health services to children 47.2 must receive regular ongoing supervision and clinical 47.3 supervision totaling 38 hours per year, of which at least one 47.4 hour per month must be clinical supervision regarding individual 47.5 service delivery with a case management supervisor. The other 47.6 26 hours of supervision may be provided by a case manager with 47.7 two years of experience. Group supervision may not constitute 47.8 more than one-half of the required supervision hours. 47.9 (f) A case manager without 2,000 hours of supervised 47.10 experience in the delivery of mental health services to children 47.11 with emotional disturbance must: 47.12 (1) begin 40 hours of training approved by the commissioner 47.13 of human services in case management skills and in the 47.14 characteristics and needs of children with severe emotional 47.15 disturbance before beginning to provide case management 47.16 services; and 47.17 (2) receive clinical supervision regarding individual 47.18 service delivery from a mental health professional at least one 47.19 hour each week until the requirement of 2,000 hours of 47.20 experience is met. 47.21 (g) A case manager who is not licensed, registered, or 47.22 certified by a health-related licensing board must receive 30 47.23 hours of continuing education and training in severe emotional 47.24 disturbance and mental health services annually. 47.25 (h) Clinical supervision must be documented in the child's 47.26 record. When the case manager is not a mental health 47.27 professional, the county board must provide or contract for 47.28 needed clinical supervision. 47.29 (i) The county board must ensure that the case manager has 47.30 the freedom to access and coordinate the services within the 47.31 local system of care that are needed by the child. 47.32 (j) A case manager associate (CMA) must: 47.33 (1) work under the direction of a case manager or case 47.34 management supervisor; 47.35 (2) be at least 21 years of age; 47.36 (3) have at least a high school diploma or its equivalent; 48.1 and 48.2 (4) meet one of the following criteria: 48.3 (i) have an associate of arts degree in one of the 48.4 behavioral sciences or human services; 48.5 (ii) be a registered nurse without a bachelor's degree; 48.6 (iii) have three years of life experience as a primary 48.7 caregiver to a child with serious emotional disturbance as 48.8 defined in section 245.4871, subdivision 6, within the previous 48.9 ten years; 48.10 (iv) have 6,000 hours work experience as a nondegreed state 48.11 hospital technician; or 48.12 (v) be a mental health practitioner as defined insection48.13245.462,subdivision 26, clause (2). 48.14 Individuals meeting one of the criteria in items (i) to 48.15 (iv) may qualify as a case manager after four years of 48.16 supervised work experience as a case manager associate. 48.17 Individuals meeting the criteria in item (v) may qualify as a 48.18 case manager after three years of supervised experience as a 48.19 case manager associate. 48.20 (k) Case manager associates must meet the following 48.21 supervision, mentoring, and continuing education requirements; 48.22 (1) have 40 hours of preservice training described under 48.23 paragraph (f), clause (1); 48.24 (2) receive at least 40 hours of continuing education in 48.25 severe emotional disturbance and mental health service annually; 48.26 and 48.27 (3) receive at least five hours of mentoring per week from 48.28 a case management mentor. A "case management mentor" means a 48.29 qualified, practicing case manager or case management supervisor 48.30 who teaches or advises and provides intensive training and 48.31 clinical supervision to one or more case manager associates. 48.32 Mentoring may occur while providing direct services to consumers 48.33 in the office or in the field and may be provided to individuals 48.34 or groups of case manager associates. At least two mentoring 48.35 hours per week must be individual and face-to-face. 48.36 (l) A case management supervisor must meet the criteria for 49.1 a mental health professional as specified in section 245.4871, 49.2 subdivision 27. 49.3 (m) An immigrant who does not have the qualifications 49.4 specified in this subdivision may provide case management 49.5 services to child immigrants with severe emotional disturbance 49.6 of the same ethnic group as the immigrant if the person: 49.7 (1) is currently enrolled in and is actively pursuing 49.8 credits toward the completion of a bachelor's degree in one of 49.9 the behavioral sciences or related fields at an accredited 49.10 college or university; 49.11 (2) completes 40 hours of training as specified in this 49.12 subdivision; and 49.13 (3) receives clinical supervision at least once a week 49.14 until the requirements of obtaining a bachelor's degree and 49.15 2,000 hours of supervised experience are met. 49.16 Sec. 34. [CORRECTION 18.] 49.17 Laws 2000, chapter 492, article 1, section 7, subdivision 49.18 31, is repealed. 49.19 Sec. 35. [CORRECTION 19.] Laws 2000, chapter 429, section 49.20 1, is amended to read: 49.21 Section 1. [INCOME EXCLUSION OR DISREGARD.] 49.22 (a) The earned income that a temporary census employee for 49.23 the 2000 census receives from the United States Census Bureau is 49.24 excluded from income under Minnesota Statutes, sections 49.25 256B.056, subdivision41a; 256D.03, subdivision 3; 256J.21, 49.26 subdivision 2; and 256L.01, subdivision 5, and disregarded as 49.27 income under Minnesota Statutes, sections 256D.06, subdivision 49.28 1; and 256D.435, subdivision 5. 49.29 (b) An income exclusion or disregard under paragraph (a) 49.30 applies to a person receiving benefits on or before March 1, 49.31 2000, under Minnesota Statutes, chapter 256B, 256J, or 256L, or 49.32 sections 256D.03, subdivision 3, 256D.06, or 256D.33 to 256D.54. 49.33 Sec. 36. [CORRECTION 21.] Laws 2000, chapter 489, article 49.34 6, section 44, subdivision 1, is amended to read: 49.35 Subdivision 1. [LABOR DAY START.] Notwithstanding 49.36 Minnesota Statutes, section 120A.40, paragraph (a), for the 50.1 2000-2001 school year only, a district must not begin the 50.2 elementary or secondary school year prior to Labor Day. 50.3 Sec. 37. [CORRECTION 24.] Laws 2000, chapter 492, article 50.4 1, section 12, subdivision 10, is amended to read: 50.5 Subd. 10. Capitol Building Predesign 300,000 50.6 To predesign the phased restoration of 50.7 remaining areas in the capitol building. 50.8 The commissioner of administration 50.9 shall appoint a restoration advisory 50.10 committee, which must include any 50.11 members or employees of the senate 50.12 named by the chair of the committee on 50.13 rules and administration, and any 50.14 members or employees of the house named 50.15 by the speaker of the house, to advise 50.16 the commissioner on the expenditure of 50.17 this appropriation. 50.18 Sec. 38. [CORRECTION 25.] [REPEALER.] 50.19 Laws 1999, chapter 241, article 1, section 64, is repealed 50.20 effective the day following final enactment. 50.21 Sec. 39. [CORRECTION 26.] Laws 2000, chapter 488, article 50.22 8, section 2, subdivision 6, is amended to read: 50.23 Subd. 6. Economic Support Grants 50.24 30,509,000 25,368,000 50.25 The amounts that may be spent from this 50.26 appropriation for each purpose are as 50.27 follows: 50.28 [ASSISTANCE TO FAMILIES GRANTS TANF 50.29 FORECAST ADJUSTMENT.] The federal 50.30 Temporary Assistance to Needy Families 50.31 (TANF) block grant fund appropriated to 50.32 the commissioner of human services in 50.33 Laws 1999, chapter 245, article 1, 50.34 section 2, subdivision 10, for MFIP 50.35 cash grants are reduced by $37,513,000 50.36 in fiscal year 2000 and $30,217,000 in 50.37 fiscal year 2001. 50.38 [FEDERAL TANF FUNDS.] (1) In addition 50.39 to the Federal Temporary Assistance for 50.40 Needy Families (TANF) block grant funds 50.41 appropriated to the commissioner of 50.42 human services in Laws 1999, chapter 50.43 245, article 1, section 2, subdivision 50.44 10, federal TANF funds are appropriated 50.45 to the commissioner in amounts up to 50.46 $20,000,000 in fiscal year 2000 and 50.47 $80,440,000 in fiscal year 2001. In 50.48 addition to these funds, the 50.49 commissioner may draw or transfer any 50.50 other appropriations of federal TANF 50.51 funds or transfers of federal TANF 50.52 funds that are enacted into state law. 50.53 (2) Of the amounts in clause (1), 50.54 $19,680,000 in fiscal year 2001 is for 51.1 the local intervention grants program 51.2 under Minnesota Statutes, section 51.3 256J.625 and related grant programs and 51.4 shall be expended as follows: 51.5 (a) $500,000 in fiscal year 2001 is for 51.6 a grant to the Southeast Asian MFIP 51.7 services collaborative to replicate in 51.8 a second location an existing model of 51.9 an intensive intervention transitional 51.10 employment training project which 51.11 serves TANF-eligible recipients and 51.12 which moves refugee and immigrant 51.13 welfare recipients unto unsubsidized 51.14 employment and leads to economic 51.15 self-sufficiency. This is a one-time 51.16 appropriation. 51.17 (b) $500,000 in fiscal year 2001 is for 51.18 nontraditional career assistance and 51.19 training programs under Minnesota 51.20 Statutes, section 256K.30, subdivision 51.21 4. This is a one-time appropriation. 51.22 (c) $18,680,000 is for local 51.23 intervention grants for 51.24 self-sufficiency program under 51.25 Minnesota Statutes, section 256J.625. 51.26 For fiscal years 2002 and 2003 the 51.27 commissioner of finance shall ensure 51.28 that the base level funding for the 51.29 local intervention grants program is 51.30 $27,180,000 each year. 51.31 (3) Of the amounts in clause (2), 51.32 paragraph (c) for local intervention 51.33 grants, $7,000,000 in fiscal year 2001 51.34 shall be transferred to the 51.35 commissioner of health for distribution 51.36 to county boards according to the 51.37 formula in Minnesota Statutes, section 51.38 256J.625, subdivision 3, to be used by 51.39 county public health boards to serve 51.40 families with incomes at or below 200 51.41 percent of the federal poverty 51.42 guidelines, in the manner specified by 51.43 Minnesota Statutes, section 145A.16, 51.44 subdivision 3, clauses (2) through 51.45 (6). Training, evaluation and 51.46 technical assistance shall be provided 51.47 in accordance with Minnesota Statutes, 51.48 section 145A.16, subdivisions 5 to 7. 51.49 For fiscal years 2002 and 2003 the 51.50 commissioner of finance shall ensure 51.51 that the base level funding for this 51.52 activity is $7,000,000 each year. 51.53 (4) Of the amounts in clause (1), 51.54 $250,000 in fiscal year 2001 is 51.55 appropriated to the commissioner to 51.56 contract with the board of trustees of 51.57 the Minnesota state colleges and 51.58 universities to provide tuition waivers 51.59 to employees of health care and human 51.60 services providers located in the state 51.61 that are members of qualifying 51.62 consortia operating under Minnesota 51.63 Statutes, sections 116L.10 to 116L.15. 51.64 (5) Of the amounts in clause (1), 51.65 $320,000 in fiscal year 2001 is for 52.1 training job counselors about the MFIP 52.2 program. For fiscal years 2002 and 52.3 2003 the commissioner of finance shall 52.4 ensure that the base level funding for 52.5 employment services includes $320,000 52.6 each year for this activity. The 52.7 appropriations in this clause shall not 52.8 become part of the base for the 52.9 2004-2005 biennium. 52.10 (6) Of the amounts in clause (1), 52.11 $1,000,000 in fiscal year 2001 is for 52.12 out-of-wedlock pregnancy prevention 52.13 funds to serve children in 52.14 TANF-eligible families under Minnesota 52.15 Statutes, section 256K.35. For fiscal 52.16 years 2002 and 2003 the commissioner of 52.17 finance shall ensure that the base 52.18 level funding for this program is 52.19 $1,000,000 each year. The 52.20 appropriations in this clause shall not 52.21 become part of the base for the 52.22 2004-2005 biennium. 52.23 (7) Of the amounts in clause (1), 52.24 $1,000,000 in fiscal year 2001 is to 52.25 provide services to TANF-eligible 52.26 families who are participating in the 52.27 supportive housing and managed care 52.28 pilot project under Minnesota Statutes, 52.29 section 256K.25. For fiscal years 2002 52.30 and 2003 the commissioner of finance 52.31 shall ensure that the base level 52.32 funding for this project is $1,000,000 52.33 each year. The appropriations in this 52.34 clause shall not become part of the 52.35 base for this project for the 2004-2005 52.36 biennium. 52.37 [TANF TRANSFER TO SOCIAL SERVICES.] 52.38 $7,500,000 is transferred from the 52.39 state's federal TANF block grant to the 52.40 state's federal Title XX block grant in 52.41 fiscal year 2001 and in fiscal year 52.42 2002, for purposes of increasing 52.43 services for families with children 52.44 whose incomes are at or below 200 52.45 percent of the federal poverty 52.46 guidelines. Notwithstanding section 6, 52.47 this paragraph expires June 30, 2002. 52.48 [TANF MOE.] (a) In order to meet the 52.49 basic maintenance of effort (MOE) 52.50 requirements of the TANF block grant 52.51 specified under United States Code, 52.52 title 42, section 609(a)(7), the 52.53 commissioner may only report nonfederal 52.54 money expended for allowable activities 52.55 listed in the following clauses as TANF 52.56 MOE expenditures: 52.57 (1) MFIP cash and food assistance 52.58 benefits under Minnesota Statutes, 52.59 chapter 256J; 52.60 (2) the child care assistance programs 52.61 under Minnesota Statutes, sections 52.62 119B.03 and 119B.05, and county child 52.63 care administrative costs under 52.64 Minnesota Statutes, section 119B.15; 53.1 (3) state and county MFIP 53.2 administrative costs under Minnesota 53.3 Statutes, chapters 256J and 256K; 53.4 (4) state, county, and tribal MFIP 53.5 employment services under Minnesota 53.6 Statutes, chapters 256J and 256K; and 53.7 (5) expenditures made on behalf of 53.8 noncitizen MFIP recipients who qualify 53.9 for the medical assistance without 53.10 federal financial participation program 53.11 under Minnesota Statutes, section 53.12 256B.06, subdivision 4, paragraphs (d), 53.13 (e), and (j). 53.14 (b) The commissioner shall ensure that 53.15 sufficient qualified nonfederal 53.16 expenditures are made each year to meet 53.17 the state's TANF MOE requirements. For 53.18 the activities listed in paragraph (a), 53.19 clauses (2) to (6), the commissioner 53.20 may only report expenditures that are 53.21 excluded from the definition of 53.22 assistance under Code of Federal 53.23 Regulations, title 45, section 260.31. 53.24 If nonfederal expenditures for the 53.25 programs and purposes listed in 53.26 paragraph (a) are insufficient to meet 53.27 the state's TANF MOE requirements, the 53.28 commissioner shall recommend additional 53.29 allowable sources of nonfederal 53.30 expenditures to the legislature, if the 53.31 legislature is or will be in session to 53.32 take action to specify additional 53.33 sources of nonfederal expenditures for 53.34 TANF MOE before a federal penalty is 53.35 imposed. The commissioner shall 53.36 otherwise provide notice to the 53.37 legislative commission on planning and 53.38 fiscal policy under paragraph (d). 53.39 (c) If the commissioner uses authority 53.40 granted under Laws 1999, chapter 245, 53.41 article 1, section 10, or similar 53.42 authority granted by a subsequent 53.43 legislature, to meet the state's TANF 53.44 MOE requirements in a reporting period, 53.45 the commissioner shall inform the 53.46 chairs of the appropriate legislative 53.47 committees about all transfers made 53.48 under that authority for this purpose. 53.49 (d) If the commissioner determines that 53.50 nonfederal expenditures for the 53.51 programs under Minnesota Statutes, 53.52 section 256J.025, are insufficient to 53.53 meet TANF MOE expenditure requirements, 53.54 and if the legislature is not or will 53.55 not be in session to take timely action 53.56 to avoid a federal penalty, the 53.57 commissioner may report nonfederal 53.58 expenditures from other allowable 53.59 sources as TANF MOE expenditures after 53.60 the requirements of this paragraph are 53.61 met. 53.62 The commissioner may report nonfederal 53.63 expenditures in addition to those 53.64 specified under paragraph (a) as 53.65 nonfederal TANF MOE expenditures, but 54.1 only ten days after the commissioner of 54.2 finance has first submitted the 54.3 commissioner's recommendations for 54.4 additional allowable sources of 54.5 nonfederal TANF MOE expenditures to the 54.6 members of the legislative commission 54.7 on planning and fiscal policy for their 54.8 review. 54.9 (e) The commissioner of finance shall 54.10 not incorporate any changes in federal 54.11 TANF expenditures or nonfederal 54.12 expenditures for TANF MOE that may 54.13 result from reporting additional 54.14 allowable sources of nonfederal TANF 54.15 MOE expenditures under the interim 54.16 procedures in paragraph (d) into the 54.17 February or November forecasts required 54.18 under Minnesota Statutes, section 54.19 16A.103, unless the commissioner of 54.20 finance has approved the additional 54.21 sources of expenditures under paragraph 54.22 (d). 54.23 (f) The provisions of paragraphs (a) to 54.24 (e) supersede any contrary provisions 54.25 in Laws 1999, chapter 245, article 1, 54.26 section 2, subdivision 10. 54.27 (g) The provisions of Minnesota 54.28 Statutes, section 256.011, subdivision 54.29 3, which require that federal grants or 54.30 aids secured or obtained under that 54.31 subdivision be used to reduce any 54.32 direct appropriations provided by law 54.33 do not apply if the grants or aids are 54.34 federal TANF funds. 54.35 (h) Notwithstanding section 6 of this 54.36 article, paragraphs (a) to (g) expire 54.37 June 30, 2003. 54.38 (i) Paragraphs (a) to (h) are effective 54.39 the day following final enactment. 54.40 (a) Assistance to Families Grants 54.41 9,628,000 (2,305,000) 54.42 (b) Work Grants 54.43 -0- (250,000) 54.44 (c) AFDC and Other Assistance 54.45 20,000,000 30,734,000 54.46 [TRANSFERS TO MINNESOTA HOUSING FINANCE 54.47 AGENCY.] (a) By June 30, 2001, the 54.48 commissioner shall transfer $50,000,000 54.49 of the general funds appropriated under 54.50 this paragraph to the Minnesota housing 54.51 finance agency for transfer to the 54.52 housing development fund. The program 54.53 funded by this transfer shall be known 54.54 as the "Bruce F. Vento Year 2000 54.55 Affordable Housing Program." Up to 54.56 $15,000,000 may be transferred in 54.57 fiscal year 2000. 54.58 (b) Of the funds transferred in 55.1 paragraph (a), $5,000,000 in fiscal 55.2 year 2001 and $15,000,000 in fiscal 55.3 year 2002 is for a loan to Habitat for 55.4 Humanity of Minnesota, Inc. The loan 55.5 shall be an interest-free deferred 55.6 loan. The loan shall become due and 55.7 payable in the event and to the extent 55.8 that Habitat for Humanity of Minnesota, 55.9 Inc. does not invest repayments and 55.10 prepayment of mortgage loans financed 55.11 with this appropriation in new 55.12 mortgages for additional homebuyers 55.13 through Habitat for Humanity of 55.14 Minnesota, Inc. To the extent 55.15 practicable, funding must be allocated 55.16 to Habitat for Humanity chapters on the 55.17 basis of the number of MFIP households 55.18 residing within a chapter's service 55.19 area compared to the statewide total of 55.20 MFIP households and on the basis of a 55.21 chapter's capacity. 55.22 (c) Of the funds transferred in 55.23 paragraph (a), $15,000,000 in fiscal 55.24 year 2001 and $15,000,000 in fiscal 55.25 year 2002 is for the affordable rental 55.26 investment fund program under Minnesota 55.27 Statutes, section 462A.21, subdivision 55.28 8b. To the extent practicable, the 55.29 number of units financed with the 55.30 appropriation under this paragraph 55.31 within a city, county, or region shall 55.32 reflect the number of MFIP households 55.33 residing within the city, county, or 55.34 region compared to the statewide total 55.35 of MFIP households. This appropriation 55.36 must be used to finance rental housing 55.37 units that serve families: 55.38 (1) receiving MFIP benefits under 55.39 Minnesota Statutes, section 256J.01, or 55.40 its successor program;andor 55.41 (2) who have lost eligibility for MFIP 55.42 due to increased income from employment 55.43 or due to the collection of child or 55.44 spousal support under part D of title 55.45 IV of the Social Security Act. 55.46 Units produced with this appropriation 55.47 must remain affordable for a 30-year 55.48 period. 55.49 In order to coordinate the availability 55.50 of housing developed with the 55.51 appropriation under this paragraph with 55.52 MFIP families in need of affordable 55.53 housing, the commissioner of the 55.54 Minnesota housing finance agency, with 55.55 the assistance of the commissioner of 55.56 human services, shall establish 55.57 cooperative relationships with county 55.58 agencies as defined in Minnesota 55.59 Statutes, section 256J.08, local 55.60 employment and training service 55.61 providers as defined in Minnesota 55.62 Statutes, section 256J.49, local social 55.63 service agencies, or other 55.64 organizations that provide assistance 55.65 to MFIP households. 56.1 The commissioner of the Minnesota 56.2 housing finance agency shall develop 56.3 strategies to promote occupancy of the 56.4 units financed by the appropriation 56.5 under this paragraph by households most 56.6 in need of subsidized housing. The 56.7 strategies shall include provisions 56.8 that encourage households to move into 56.9 homeownership or unsubsidized housing 56.10 as the household secures stable 56.11 employment and achieves 56.12 self-sufficiency. The commissioner of 56.13 the Minnesota housing finance agency 56.14 shall consult with interested parties 56.15 in developing these strategies. 56.16 (d) The commissioner of the Minnesota 56.17 housing finance agency and the 56.18 commissioner of human services shall 56.19 jointly prepare and submit a report to 56.20 the governor and the legislature on the 56.21 results of the funding provided under 56.22 this section. The report shall include: 56.23 (1) information on the number of units 56.24 produced; 56.25 (2) the household size and income of 56.26 the occupants of the units at initial 56.27 occupancy; and 56.28 (3) to the extent the information is 56.29 available, measures related to the 56.30 occupants' attachment to the workforce 56.31 and public assistance usage, and number 56.32 of occupant moves. 56.33 The report must be submitted annually 56.34 beginning January 15, 2003. 56.35 (e) Section 6, sunset of uncodified 56.36 language, does not apply to paragraphs 56.37 (a) to (d). Paragraphs (a) to (d) are 56.38 effective the day following final 56.39 enactment. 56.40 [WORKING FAMILY CREDIT.] (a) On a 56.41 regular basis, the commissioner of 56.42 revenue, with the assistance of the 56.43 commissioner of human services, shall 56.44 calculate the value of the refundable 56.45 portion of the Minnesota working family 56.46 credits provided under Minnesota 56.47 Statutes, section 290.0671, that 56.48 qualifies for federal reimbursement 56.49 from the temporary assistance to needy 56.50 families block grant. The commissioner 56.51 of revenue shall provide the 56.52 commissioner of human services with 56.53 such expenditure records and 56.54 information as are necessary to support 56.55 draws of federal funds. The 56.56 commissioner of human services shall 56.57 reimburse the commissioner of revenue 56.58 for the costs of providing the 56.59 information required by this paragraph. 56.60 (b) Federal TANF funds, as specified in 56.61 this paragraph, are appropriated to the 56.62 commissioner of human services based on 56.63 calculations under paragraph (a) of 57.1 working family tax credit expenditures 57.2 that qualify for reimbursement from the 57.3 TANF block grant for income tax refunds 57.4 payable in federal fiscal years 57.5 beginning October 1, 1999. The draws 57.6 of federal TANF funds shall be made on 57.7 a regular basis based on calculations 57.8 of credit expenditures by the 57.9 commissioner of revenue. Up to the 57.10 following amounts of federal TANF draws 57.11 are appropriated to the commissioner of 57.12 human services to deposit into the 57.13 general fund: in fiscal year 2000, 57.14 $30,957,000; and in fiscal year 2001, 57.15 $33,895,000. 57.16 (d) General Assistance 57.17 557,000 (3,134,000) 57.18 (e) Minnesota Supplemental Aid 57.19 324,000 323,000 57.20 Sec. 40. [CORRECTION 27.] Laws 2000, chapter 479, article 57.21 1, section 2, subdivision 12, is amended to read: 57.22 Subd. 12. Sales Tax 4,800,000 57.23 For payment of sales tax that may not 57.24 be paid from the trunk highway 57.25 fund. This appropriation is one-time 57.26 only. 57.27 Sec. 41. [CORRECTION 27A.] Laws 2000, chapter 479, article 57.28 2, section 1, is amended to read: 57.29 Section 1. [PROHIBITION AGAINST APPROPRIATIONS FROM TRUNK 57.30 HIGHWAY FUND.] 57.31 To ensure compliance with the Minnesota Constitution, 57.32 article XIV, sections 2, 5, and 6, the commissioner of finance, 57.33 agency directors, and legislative commission personnel may not 57.34 include in the biennial budget for fiscal years 2002 and 2003, 57.35 or in any budget thereafter, expenditures from the trunk highway 57.36 fund for a nonhighway purpose as jointly determined by the 57.37 commissioner of finance and the attorney general. For purposes 57.38 of this section, an expenditure for a nonhighway purpose is any 57.39 expenditure not for construction, improvement, or maintenance of 57.40 highways. At the time of submission of the biennial budget 57.41 proposal to the legislature, the commissioner of finance and the 57.42 attorney general shall report to the senate and house of 57.43 representatives transportation committees concerning any 57.44 expenditure that is proposed to be appropriated from the trunk 58.1 highway fund, if that expenditure is similar to those reduced or 58.2 eliminated in sections 5 to 20. The report must explain the 58.3 highway purpose of, and recommend a fund to be charged for, the 58.4 proposed expenditure. 58.5 Sec. 42. [CORRECTION 27B.] [CLARIFICATION OF CERTAIN 58.6 APPROPRIATIONS FROM THE TRUNK HIGHWAY FUND TO THE GENERAL FUND.] 58.7 Subject to the findings of the report required in Laws 58.8 2000, chapter 479, article 2, section 1, the appropriations 58.9 changed in sections 7, 10, 13, 14, 15, 17, and 20, from the 58.10 trunk highway fund to the general fund are one-time only. 58.11 Sec. 43. [EFFECTIVE DATE.] 58.12 Unless provided otherwise, each section of this act takes 58.13 effect at the time the provision being corrected takes effect.