SF 2368

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; requiring authorization before implementing,
relocating, or closing an enterprise activity; providing for the payment of costs;
amending Minnesota Statutes 2006, sections 246.0136, subdivision 1; 246.18,
subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 246.0136, subdivision 1, is amended to
read:

Subdivision 1.

Planning for enterprise activities.

new text begin (a) new text end The commissioner of
human services is directed to study and make recommendations to the legislature on
establishing new text begin , relocating, or closing new text end enterprise activities within state-operated services.
Before implementing new text begin , relocating, or closing new text end an enterprise activity, the commissioner
must obtain statutory authorization for its implementation, new text begin relocation, or closing new text end except
that the commissioner has authority to implement enterprise activities for adult mental
health, adolescent services, and to establish a public group practice without statutory
authorization.

new text begin (b) new text end Enterprise activities are defined as the range of services, which are delivered
by state employees, needed by people with disabilities and are fully funded by public
or private third-party health insurance or other revenue sources available to clients
that provide reimbursement for the services provided. Enterprise activities within
state-operated services shall specialize in caring for vulnerable people for whom no other
providers are available or for whom state-operated services may be the provider selected
by the payer.

new text begin (c) new text end In subsequent biennia after an enterprise activity is established within a
state-operated service, the base state appropriation for that state-operated service shall be
reduced proportionate to the size of the enterprise activity.

new text begin (d) Any funds in a revolving account dedicated to any enterprise activity under
section 246.18, subdivision 6, are available to the commissioner to pay costs incurred by
the commissioner in relocating or closing that or any other enterprise activity.
new text end

Sec. 2.

Minnesota Statutes 2006, section 246.18, subdivision 6, is amended to read:

Subd. 6.

Collections dedicated.

Except for state-operated programs funded
through a direct appropriation from the legislature, any state-operated program or service
established and operated as an enterprise activity shall retain the revenues earned in an
interest-bearing account.

When the commissioner determines the intent to transition from a direct
appropriation to enterprise activity for which the commissioner has authority, all
collections for the targeted state-operated service shall be retained and deposited into an
interest-bearing account. At the end of the fiscal year, prior to establishing the enterprise
activity, collections up to the amount of the appropriation for the targeted service shall
be deposited to the general fund. All funds in excess of the amount of the appropriation
deleted text begin will deleted text end new text begin must new text end be retained and used new text begin (1) new text end by the enterprise activity for cash flow purposes new text begin , or
(2) by the commissioner to pay any costs incurred by the commissioner in relocating or
closing an enterprise activity under section 246.0136, subdivision 1 paragraph (d) new text end .

These funds must be deposited in the state treasury in a revolving account and funds
in the revolving account are appropriated to the commissioner to operate the services new text begin or
pay the costs new text end authorized, and any unexpended balances do not cancel but are available
until spent.