Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1998, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 3-S.F.No. 8
An act relating to legislative enactments; correcting
miscellaneous noncontroversial oversights,
inconsistencies, ambiguities, unintended results, and
technical errors; amending 1998 H.F. No. 2874, article
1, sections 44, subdivision 2; and 52; article 4,
section 16; and article 5, section 54, subdivisions 4
and 6; 1998 H.F. No. 3840, article 8, section 48;
article 12, sections 7, subdivision 2; and 9,
subdivision 4; article 15, section 22; 1998 H.F. No.
3843, sections 2, subdivision 8; 5, subdivision 3; 7,
subdivisions 9 and 33, 15, subdivision 5; 23,
subdivision 4; and 25, subdivision 9; 1998 S.F. No.
2407, section 31; 1998 S.F. No. 3346, article 1,
section 2, subdivision 3; article 3, section 23; and
article 6, section 119; Minnesota Statutes 1996,
sections 124A.22, subdivision 14, as amended; and
124A.29, subdivision 1, as amended; Minnesota Statutes
1997 Supplement, sections 124A.28, subdivision 1a, as
amended; 297A.25, subdivision 11, as amended; and
626.556, subdivision 10f, as amended.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [CORRECTION 101.] 1998 H.F. No. 3840, article
15, section 22, if enacted, is amended to read:
Sec. 22. [PROPERTY EXEMPT FROM TAXATION.]
Any properties, real or personal, owned, leased,
controlled, used, or occupied by the sanitary sewer board for
any purpose under this article are declared to be acquired,
owned, leased, controlled, used, and occupied for public,
governmental, and municipal purposes, and are exempt from
taxation by the state or any political subdivision of the state,
provided that such properties are subject to special assessments
levied by a political subdivision for a local improvement in
amounts proportionate to and not exceeding the special benefit
received by the properties from such improvement. No possible
use of any such properties in any manner different from their
use as part of the disposal system at the time shall be
considered in determining the special benefit received by such
properties. All such assessments shall be subject to final
approval by the board, whose determination of the benefits shall
be conclusive upon the political subdivision levying the
assessment. All bonds, certificates of indebtedness, or other
obligations of the board, and the interest thereon, are exempt
from taxation by the state or any political subdivision of the
state.
Sec. 2. [CORRECTION 101A.] Minnesota Statutes 1997
Supplement, section 297A.25, subdivision 11, as amended by 1998
H.F. No. 3840, article 8, section 10, if enacted, is amended to
read:
Subd. 11. [SALES TO GOVERNMENT.] The gross receipts from
all sales, including sales in which title is retained by a
seller or a vendor or is assigned to a third party under an
installment sale or lease purchase agreement under section
465.71, of tangible personal property to, and all storage, use
or consumption of such property by, the United States and its
agencies and instrumentalities, the University of Minnesota,
state universities, community colleges, technical colleges,
state academies, the Lola and Rudy Perpich Minnesota center for
arts education, an instrumentality of a political subdivision
that is accredited as an optional/special function school by the
North Central Association of Colleges and Schools, school
districts, public libraries, public library systems,
multicounty, multitype library systems as defined in section
134.001, county law libraries under chapter 134A, the state
library under section 480.09, and the legislative reference
library are exempt.
As used in this subdivision, "school districts" means
public school entities and districts of every kind and nature
organized under the laws of the state of Minnesota, including,
without limitation, school districts, intermediate school
districts, education districts, service cooperatives, secondary
vocational cooperative centers, special education cooperatives,
joint purchasing cooperatives, telecommunication cooperatives,
regional management information centers, and any instrumentality
of a school district, as defined in section 471.59.
Sales exempted by this subdivision include sales under
section 297A.01, subdivision 3, paragraph (f).
Sales to hospitals and nursing homes owned and operated by
political subdivisions of the state are exempt under this
subdivision.
Sales of supplies and equipment used in the operation of an
ambulance service owned and operated by a political subdivision
of the state are exempt under this subdivision provided that the
supplies and equipment are used in the course of providing
medical care. Sales to a political subdivision of repair and
replacement parts for emergency rescue vehicles and fire trucks
and apparatus are exempt under this subdivision.
Sales to a political subdivision of machinery and
equipment, except for motor vehicles, used directly for mixed
municipal solid waste management services at a solid waste
disposal facility as defined in section 115A.03, subdivision 10,
are exempt under this subdivision.
Sales to political subdivisions of chore and homemaking
services to be provided to elderly or disabled individuals are
exempt.
Sales to a town of gravel and of machinery, equipment, and
accessories, except motor vehicles, used exclusively for road
and bridge maintenance, and leases of motor vehicles exempt from
tax under section 297B.03, clause (10), are exempt.
Sales of telephone services to the department of
administration that are used to provide telecommunications
services through the intertechnologies revolving fund are exempt
under this subdivision.
This exemption shall not apply to building, construction or
reconstruction materials purchased by a contractor or a
subcontractor as a part of a lump-sum contract or similar type
of contract with a guaranteed maximum price covering both labor
and materials for use in the construction, alteration, or repair
of a building or facility. This exemption does not apply to
construction materials purchased by tax exempt entities or their
contractors to be used in constructing buildings or facilities
which will not be used principally by the tax exempt entities.
This exemption does not apply to the leasing of a motor
vehicle as defined in section 297B.01, subdivision 5, except for
leases entered into by the United States or its agencies or
instrumentalities.
The tax imposed on sales to political subdivisions of the
state under this section applies to all political subdivisions
other than those explicitly exempted under this subdivision,
notwithstanding section 115A.69, subdivision 6, 116A.25,
360.035, 458A.09, 458A.30, 458D.23, 469.101, subdivision 2,
469.127, 473.448, 473.545, or 473.608 or any other law to the
contrary enacted before 1992.
Sales exempted by this subdivision include sales made to
other states or political subdivisions of other states, if the
sale would be exempt from taxation if it occurred in that state,
but do not include sales under section 297A.01, subdivision 3,
paragraphs (c) and (e).
Sec. 3. [CORRECTION 101B.] 1998 H.F. No. 3840, article 8,
section 48, if enacted, is amended to read:
Sec. 48. [EFFECTIVE DATE.]
Sections 1, 3, 8, 9, 19, and 21 are effective for sales and
purchases made after June 30, 1998. Sections 2 and 47 are
effective for sales made after June 30, 2000. Sections 5, 13,
and 17 are effective for sales made after June 30, 1998.
Sections 6 and 7 are effective for rentals after June 30, 1998.
Section 10 is effective for purchases made after June 30, 1998.
Sections 8, 12, 14, 15, and 34 are effective the day following
final enactment. Section 16 is effective for purchases made
after December 1, 1997. Section 18 is effective for purchases
made after June 30, 1998, and before July 1, 2003. Section 20
is effective for local laws enacted after June 30, 1998.
Sections 22 and 23 are effective July 1, 1998. Section 24 is
effective December 31, 1997. Sections 25 to 27 are effective
upon approval by the governing body of the city of Duluth and
compliance with Minnesota Statutes, section 645.021, subdivision
3. Section 28 is effective upon approval by the governing body
of the city of Mankato and compliance with Minnesota Statutes,
section 645.021, subdivision 3. Section 29 is effective upon
approval by the governing body of the city of Rochester and
compliance with Minnesota Statutes, section 645.021, subdivision
3. Sections 30 to 32, 36, and 37 are effective the day after
the governing body of the city of St. Paul complies with
Minnesota Statutes, section 645.021. Section 35 is effective
for transfers after November 30, 1997, and before January 1,
1999.
Sec. 4. [CORRECTION 101C.] 1998 H.F. No. 3840, article 12,
section 7, subdivision 2, if enacted, is amended to read:
Subd. 2. [BORDER CITY ZONE CREDIT.] (a) A corporation may
claim a credit against the tax imposed by sections 290.02,
290.0921, and 290.0922, subdivision 1, paragraph (a). The
commissioner of revenue shall prescribe the method in which the
credit may be claimed. This may include allowing the credit
only as a separately processed claim for refund. The allowable
credit is based on the tax liability attributable to business
conducted within a zone, and may be equal to all or a portion of
that liability, as determined by the city.
(b) "Tax liability" means the tax liability under sections
290.02, 290.0921, and 290.0922, subdivision 1, paragraph (a),
after any other credits.
(c) The tax liability attributable to business conducted
within a zone means the taxpayer's tax liability multiplied by a
fraction:
(1) the numerator of which is:
(i) the ratio of the taxpayer's property factor under
section 290.191 located in the border city development zone, for
the taxable year over the property factor denominator numerator
determined under section 290.191, plus
(ii) the ratio of the taxpayer's payroll factor under
section 290.191 located in the border city development zone, for
the taxable year over the payroll factor denominator numerator
determined under section 290.191; and
(2) the denominator of which is two.
(d) Any portion of the taxpayer's tax liability that is
attributable to illegal activity conducted in the zone must not
be used to calculate a credit under this subdivision.
(e) The credit allowed under this subdivision continues
through the taxable year in which the zone designation expires.
(f) To be eligible for a credit under this subdivision, the
taxpayer must file an annual return under chapter 290.
(g) The credit allowed under this subdivision may not
exceed the lesser of:
(1) the tax liability of the taxpayer for the taxable year;
or
(2) the amount of the tax credit certificates received by
the taxpayer from the city, less any tax credit certificates
used under section 469.1734, subdivisions 4, 5, and 6.
Sec. 5. [CORRECTION 101D.] 1998 H.F. No. 3840, article 12,
section 9, subdivision 4, if enacted, is amended to read:
Subd. 4. [INCOME TAX.] (a) Upon application by the
qualifying business to the city, and approval of the city, a
qualifying business shall receive a credit against taxes imposed
under chapter 290, other than the tax imposed under section
290.92, based on the taxable net income of the qualified
business attributable to the border city, but outside the border
city development zone, multiplied by 9.8 percent in the case of
a taxpayer under section 290.02, and 8.5 percent in the case of
a taxpayer taxable under section 290.06, subdivision 2c. The
attributable net income of a qualified business in the border
city is determined by multiplying the taxable net income of the
business entity, determined as if the business were a C
corporation, by a fraction:
(1) the numerator of which is:
(i) the ratio of the taxpayer's property factor under
section 290.191 located in the border city, but outside of the
border city development zone, for the taxable year over the
property factor denominator numerator determined under section
290.191, plus
(ii) the ratio of the taxpayer's payroll factor under
section 290.191 located in the border city, but outside of the
border city development zone, for the taxable year over the
payroll factor denominator numerator determined under section
290.191; and
(2) the denominator of which is two.
(b) The credit under this subdivision applies after any
credit allowed under subdivision 5.
(c) After any notice period required by subdivision 7, the
city council must determine whether granting the credit is in
the best interest of the city, and if it so determines, must
approve the granting of the credit and determine its amount.
(d) The credit under this subdivision may not exceed the
amount of the tax credit certificates received by the taxpayer
from the city, less any tax credit certificates used under
section 469.1732, subdivision 2, and subdivisions 5 and 6.
(e) No taxpayer may receive the credit under this
subdivision for more than five taxable years.
Sec. 6. [CORRECTION 102.] 1998 H.F. No. 3843, section 7,
subdivision 9, if enacted, is amended to read:
Subd. 9. Flood Hazard
Mitigation Grants 30,000,000
For the flood hazard mitigation grant
program to local government units for
publicly owned capital improvements to
prevent or alleviate flood damages
under Minnesota Statutes, section
103F.161.
$1,500,000 is to construct ring dikes,
whether publicly or privately owned.
$500,000 is for a grant to Clay county
to remove houses in the Crestwood
addition in Kurtz township on the Red
River that are endangered by the
collapsing river bank. This
appropriation need not be matched.
The commissioner shall determine other
project priorities as appropriate based
upon need.
As soon as the United States Army Corps
of Engineers section 205 flood control
study for the city of Breckenridge is
complete, the commissioner shall make a
recommendation to the legislature for
the funding necessary to complete flood
hazard mitigation efforts in the city.
Sec. 7. [CORRECTION 103.] 1998 H.F. No. 3843, section 2,
subdivision 8, if enacted, is amended to read:
Subd. 8. Duluth
(a) Library 22,300,000
To construct, furnish, and equip a new
library.
(b) Academic Space Renovation 200,000
To design the renovation of vacated
academic and laboratory space on the
Duluth campus in Heller Hall, MW
Alworth Hall, Business and Economics,
and the existing library building.
(c) Glensheen Mansion 600,000
For capital repair, reconstruction, or
replacement of the foundation and
heating, ventilating, and air
conditioning system of the Glensheen
Mansion, subject to the requirements of
Minnesota Statutes, section 16A.695.
This appropriation is from the general
fund.
Sec. 8. [CORRECTION 103A.] 1998 H.F. No. 3843, section 5,
subdivision 3, if enacted, is amended to read:
Subd. 3. Youth Enrichment 5,000,000
(a) For grants to local government
units to design, furnish, equip,
renovate, replace, or construct parks
and recreation facilities and school
facilities to provide youth, with
preference for youth in grades 4 to 8,
with regular enrichment activities
during nonschool hours, including after
school, evenings, weekends, and school
vacation periods, and that will provide
equal access and programming for all
children. The buildings or facilities
may be leased to nonprofit community
organizations, subject to Minnesota
Statutes, section 16A.695, for the same
purposes. Enrichment programs include
academic enrichment, homework
assistance, computer and technology
use, arts and cultural activities,
clubs, school-to-work and workforce
development, athletic, and recreational
activities. Grants must be used to
expand the number of children
participating in enrichment programs or
improve the quality or range of program
offerings. The facilities must be
fully available for programming
sponsored by nonprofit and community
groups serving youth, or school,
county, or city programs, for maximum
hours after school, evenings, weekends,
summers, and other school vacation
periods. Priority must be given to
proposals that demonstrate
collaborations among private,
nonprofit, and public agencies,
including regional entities dealing
with at-risk youth, and community and
parent organizations in arranging for
programming, staffing, transportation,
and equipment. All proposals must
include an inventory of existing
facilities and an assessment of
programming needs in the community.
(b) $1,000,000 is for enrichment grants
within the city of Minneapolis.
(c) $2,000,000 is for enrichment grants
within the city of St. Paul.
(d) $1,000,000 is for enrichment grants
in metropolitan statistical areas
outside of the cities of Minneapolis
and St. Paul. Priority must be given
to school attendance areas with high
concentrations of children eligible for
free or reduced school lunch and to
government units demonstrating a
commitment to collaborative youth
efforts.
(e) $1,000,000 is for enrichment grants
for areas outside of metropolitan
statistical areas and outside of the
cities of Minneapolis and St. Paul.
Priority must be given to school
attendance areas with high
concentrations of children eligible for
free or reduced school lunch and to
government units demonstrating a
commitment to collaborative youth
efforts.
(f) Each grant must be matched by one
dollar from nonstate sources for each
two dollars of state money. In-kind
contributions of facilities may be used
for the local match. The value of
in-kind contributions must be
determined by the commissioner of
finance.
Sec. 9. [CORRECTION 103B.] 1998 H.F. No. 3843, section 7,
subdivision 33, if enacted, is amended to read:
Subd. 33. Bald Eagle Center 500,000
To the commissioner of administration
for a grant to the city of Wabasha for
construction of the American bald eagle
center. The city of Wabasha may enter
into a lease or management agreement
with a nonprofit corporation under
Minnesota Statutes, section 16A.695.
This appropriation is not available
until at least $1,000,000 has been
committed from nonstate sources.
Sec. 10. [CORRECTION 103C.] 1998 H.F. No. 3843, section
15, subdivision 5, if enacted, is amended to read:
Subd. 5. Tennis Facility 800,000
For a grant to the city of St. Paul to
design a tennis center to offer indoor
tennis facilities, subject to the
requirements of Minnesota Statutes,
section 16A.695. The center may be
constructed only after endorsement by a
national governing body member of the
United States Olympic Committee.
Sec. 11. [CORRECTION 103D.] 1998 H.F. No. 3843, section
23, subdivision 4, if enacted, is amended to read:
Subd. 4. Phillips Neighborhood Job
Creation, Green Institute 1,500,000
To the city of Minneapolis for a grant
to the Green Institute to design,
construct, furnish, and equip a
building to house the Phillips
Ecoenterprise Center in the Phillips
neighborhood in south Minneapolis to
create up to 200 jobs in businesses,
many of which specialize in energy
conservation, renewable energy,
environmental technology, recycling,
reuse, and related fields. One-half of
the job openings must be targeted for
persons on public assistance or below
150 percent of the federal poverty
level. This grant must be matched on a
one-to-one basis from nonstate sources
of debt and equity. The city may enter
into a lease or management agreement
with the Green Institute subject to
Minnesota Statutes, section 16A.695.
This appropriation is from the general
fund.
Sec. 12. [CORRECTION 103E.] 1998 H.F. No. 3843, section
25, subdivision 9, if enacted, is amended to read:
Subd. 9. Treaty Site History
Center 400,000
For a grant to the Nicollet county
historical society to design and
construct a new central exhibit at the
treaty site history center, subject to
the requirements of Minnesota Statutes,
section 16A.695. This appropriation is
not available until an equal amount has
been committed from nonstate sources.
This appropriation is from the general
fund.
Sec. 13. [CORRECTION 104.] 1998 S.F. No. 2407, section 31,
if enacted, is amended to read:
Sec. 31. [APPROPRIATION.]
$302,700 is appropriated from the trunk highway fund for
fiscal year 1999 to the commissioner of public safety. Of this
appropriation:
(1) $295,000 is for youth-oriented driver improvement
clinics and implementation of the graduated licensing system
under this act; and
(2) $7,700 is for implementation of section 16 17.
Sec. 14. [CORRECTION 105.] 1998 S.F. No. 3346, article 1,
section 2, subdivision 3, if enacted, is amended to read:
Subd. 3. Basic Health Care Grants
(97,529,000) (146,802,000)
Summary by Fund
General (94,591,000) (128,833,000)
Health Care Access (2,938,000) (17,969,000)
The amounts that may be spent from this
appropriation for each purpose are as
follows:
(a) Minnesota Care Grants
Health Care Access Fund
(2,938,000) (17,969,000)
[SUBSIDIZED FAMILY HEALTH COVERAGE.] Of
this appropriation, $500,000 from the
health care access fund in fiscal year
1999 is to implement the
employer-subsidized health coverage
program described in article 5, section
45.
(b) MA Basic Health Care Grants-
Families and Children
General (32,047,000) (65,249,000)
[FETAL ALCOHOL SYNDROME MEDICAL
ASSISTANCE FEDERAL MATCH.] The
commissioner shall claim all available
federal match under Title XIX for the
fetal alcohol syndrome/fetal alcohol
effect initiatives. Grants and
projects shall be developed which focus
treatment on community-based options
which consider the availability of
federal match.
(c) MA Basic Health Care Grants-
Elderly and Disabled
General (25,643,000) (40,952,000)
(d) General Assistance Medical Care
General (36,901,000) (22,632,000)
[PRESCRIPTION DRUG BENEFIT.] (a) If, by
September 15, 1998, federal approval is
obtained to provide a prescription drug
benefit for qualified Medicare
beneficiaries at no less than 100
percent of the federal poverty
guidelines and service-limited Medicare
beneficiaries under Minnesota Statutes,
section 256B.057, subdivision 3a, at no
less than 120 percent of federal
poverty guidelines, the commissioner of
human services shall not implement the
senior citizen drug program under
Minnesota Statutes, section 256.955,
but shall implement a drug benefit in
accordance with the approved waiver.
Upon approval of this waiver, the total
appropriation for the senior citizen
drug program under Laws 1997, chapter
225, article 7, section 2, shall be
transferred to the medical assistance
account to fund the federally approved
coverage for eligible persons for
fiscal year 1999.
(b) The commissioner may seek approval
for a higher copayment for eligible
persons above 100 percent of the
federal poverty guidelines.
(c) The commissioner shall report by
October 15, 1998, to the chairs of the
health and human services policy and
fiscal committees of the house and
senate whether the waiver referred to
in paragraph (a) has been approved and
will be implemented or whether the
state senior citizen drug program will
be implemented.
(d) If the commissioner does not
receive federal waiver approval at or
above the level of eligibility defined
in paragraph (a), the commissioner
shall implement the program under
Minnesota Statutes, section 256.955.
[HEALTH CARE ACCESS FUND TRANSFERS TO
THE GENERAL FUND.] Notwithstanding Laws
1997, chapter 203, article 1, section
2, subdivision 5, the commissioner
shall transfer funds from the health
care access fund to the general fund to
offset the projected savings to general
assistance medical care (GAMC) that
would result from the transition of
GAMC parents and adults without
children to MinnesotaCare. For fiscal
year 1998, the amount transferred from
the health care access fund to the
general fund shall be $13,700,000. The
amount of transfer for fiscal year 1999
shall be $2,659,000.
Sec. 15. [CORRECTION 105A.] 1998 S.F. No. 3346, article 3,
section 23, if enacted, is amended to read:
Sec. 23. [RECOMMENDATIONS TO IMPLEMENT NEW REIMBURSEMENT
SYSTEM.]
(a) By January 15, 1999, the commissioner shall make
recommendations to the chairs of the health and human services
policy and fiscal committees on the repeal of specific statutes
and rules as well as any other additional recommendations
related to implementation of sections 11 and 12 14 and 16.
(b) In developing recommendations for nursing facility
reimbursement, the commissioner shall consider making each
nursing facility's total payment rates, both operating and
property rate components, prospective. The commissioner shall
involve nursing facility industry and consumer representatives
in the development of these recommendations.
(c) In making recommendations for ICF/MR reimbursement, the
commissioner may consider methods of establishing payment rates
that take into account individual client costs and needs,
include provisions to establish links between performance
indicators and reimbursement and other performance incentives,
and allow local control over resources necessary for local
agencies to set rates and contract with ICF/MR facilities. In
addition, the commissioner may establish methods that provide
information to consumers regarding service quality as measured
by performance indicators. The commissioner shall involve
ICF/MR industry and consumer representatives in the development
of these recommendations.
Sec. 16. [CORRECTION 105B.] 1998 S.F. No. 3346, article 6,
section 119, if enacted, is amended to read:
Sec. 119. [EFFECTIVE DATES.]
(a) Sections 2, 3, 4, 7, 8, 19, 90, 95, and 102, and 112
are effective the day following final enactment.
(b) Section 9 is effective June 1, 1998.
(c) Section 10 is effective October 1, 1998.
(d) Section 50 is effective for all applications for MFIP-S
made on or after July 1, 1998.
(e) Section 12 is effective March 30, 1998.
(f) Section 51 is effective for MFIP-S applications
received on or after January 1, 1999, and for all MFIP-S
recertifications occurring on or after January 1, 1999.
Sec. 17. [CORRECTION 106.] Minnesota Statutes 1996,
section 124A.22, subdivision 14, as amended by 1998 S.F. No.
2082, article 12, section 5, and 1998 H F. No. 2874, article 1,
section 31, if enacted, is amended to read:
Subd. 14. [GRADUATION STANDARDS IMPLEMENTATION REVENUE.]
(a) A school district's graduation standards implementation
revenue is equal to $52 times its actual pupil units for fiscal
year 1999 plus $14 times its actual pupil units for fiscal year
1999 if the district implements the graduation rule under
section 121.1114, paragraph (b), and $43 per pupil unit for all
districts for fiscal year 2000 and later. Graduation standards
implementation revenue is reserved and must be used according to
paragraphs (b) and (c).
(b) For fiscal year 1999, revenue must be reserved for
programs according to clauses (1) to (3).
(1) At least $20 per actual pupil unit plus $14 per actual
pupil unit for a district that implements the graduation rule
under section 121.1114, paragraph (b), must be allocated to
school sites in proportion to the number of students enrolled at
each school site weighted according to section 124.17,
subdivision 1, and is reserved for programs designed to enhance
the implementation of the graduation rule through intensive
staff development and decentralized decision making.
(2) At least $5 per actual pupil unit is reserved for
gifted and talented programs that are integrated with the
graduation rule. This aid must supplement, not supplant, money
spent on gifted and talented programs authorized under Laws
1997, First Special Session chapter 4, article 5, section 24.
(3) Remaining aid under this paragraph must be used:
(i) for technology purposes including wiring, network
connections, and other technology-related infrastructure
improvements; purchase or lease of computer software and
hardware to be used in classrooms and for instructional
purposes; purchase or lease of interactive television network
equipment and network support; purchase or lease of computer
software and hardware designed to support special needs
programming and limited English proficiency programming; network
and technical support; and purchase of textbooks and other
instructional materials; or
(ii) to reduce class size.
(c) For fiscal year 2000 and later, revenue must be
allocated to school sites in proportion to the number of
students enrolled at each school site weighted according to
section 124.17, subdivision 1, and reserved for programs
designed to enhance the implementation of the graduation rule
through: (1) staff development programs; (2) technology
purposes under paragraph (b), clause (3); (3) gifted and
talented programs; or (4) class size reduction programs based at
the school site.
(d) To the extent possible, school districts shall make
opportunities for graduation standards implementation available
to teachers employed by intermediate school districts. If the
commissioner determines that the supplemental appropriation made
for this subdivision under section 40, subdivision 2, is in
excess of the amount needed for this subdivision, the
commissioner shall make equal payments of one-third of the
excess to each intermediate school district for the purpose of
paragraph (a).
(e) A district that qualifies for the referendum allowance
reduction under section 124A.03, subdivision 3c, and whose
authority referendum allowance under section 124A.03,
subdivision 1b, as adjusted under section 124A.03, subdivisions
1c and 3c, does not exceed the referendum allowance limit under
section 124A.03, subdivision 1c, clause (2), shall receive a
graduation standards implementation equity adjustment. In
fiscal year 1999, the equity adjustment aid is equal to $34 per
actual pupil unit. In fiscal year 2000 and thereafter, the
equity adjustment is equal to $25 per actual pupil unit.
Sec. 18. [CORRECTION 106A.] Minnesota Statutes 1997
Supplement, section 124A.28, subdivision 1a, as amended by 1998
H.F. No. 2874, article 1, section 35, if enacted, is amended to
read:
Subd. 1a. [BUILDING ALLOCATION.] (a) For fiscal years 1999
and 2000, upon approval by the commissioner, A district must
allocate at least the difference between its compensatory
revenue for that year and 95 percent of the amount of
compensatory revenue that the district would have received under
section 124A.22, subdivision 3, for fiscal year 1998 computed
using a basic formula allowance of $3,281 to each school
building in the district where the children who have generated
the revenue are served.
(b) Notwithstanding paragraph (a), for fiscal years 1999
and 2000, upon approval by the commissioner, a district may
allocate compensatory revenue not otherwise allocated under
paragraph (a) up to five percent of the amount of compensatory
revenue that the district would have received under section
124A.22, subdivision 3, for fiscal year 1998 to school sites
accordingly according to a plan adopted by the school board.
(c) For the purposes of this section and section 124.17,
subdivision 1d, "building" means education site as defined in
section 123.951, subdivision 1.
(d) If the pupil is served at a site other than one owned
and operated by the district, the revenue shall be paid to the
district and used for services for pupils who generate the
revenue.
Sec. 19. [CORRECTION 106B.] Minnesota Statutes 1996,
section 124A.29, subdivision 1, as amended by 1998 H.F. No.
2874, article 1, section 36, if enacted, is amended to read:
Subdivision 1. [STAFF DEVELOPMENT REVENUE.] A district is
required to reserve an amount equal to at least one percent of
the basic formula allowance revenue under section 124A.22,
subdivision 2, for in-service education for programs under
section 126.77, subdivision 2, for staff development plans,
including plans for challenging instructional activities and
experiences under section 126.70, and for curriculum development
and programs, other in-service education, teachers' workshops,
teacher conferences, the cost of substitute teachers staff
development purposes, and other related costs for staff
development efforts. Districts may expend an additional amount
of basic revenue for staff development based on their needs.
The school board shall initially allocate 50 percent of the
revenue to each school site in the district on a per teacher
basis, which shall be retained by the school site until used.
The board may retain 25 percent to be used for district wide
staff development efforts. The remaining 25 percent of the
revenue shall be used to make grants to school sites that
demonstrate exemplary use of allocated staff development
revenue. A grant may be used for any purpose authorized under
section 126.70, 126.77, subdivision 2, or for the costs of
curriculum development and programs, other in-service education,
teachers' workshops, teacher conferences, substitute teachers
for staff development purposes, and other staff development
efforts, and determined by the site decision-making team. The
site decision-making team must demonstrate to the school board
the extent to which staff at the site have met the outcomes of
the program. The board may withhold a portion of initial
allocation of revenue if the staff development outcomes are not
being met.
Sec. 20. [CORRECTION 106C.] 1998 H.F. No. 2874, article 1,
section 44, subdivision 2, if enacted, is amended to read:
Subd. 2. [GROWTH FACTOR.] A school district's growth
factor equals the ratio of:
(1) its fiscal year 1999 compensatory revenue per actual
pupil unit for that year less the amount of compensatory revenue
divided by the district's actual pupil units for fiscal year
1998 that the district would have received under Minnesota
Statutes 1996, section 124A.22, subdivision 3, for fiscal year
1998 computed using a basic formula allowance of $3,281; to
(2) the amount of compensatory revenue divided by the
district's actual pupil units for fiscal year 1998 that the
district would have received under Minnesota Statutes 1996,
section 124A.22, subdivision 3, for fiscal year 1998 computed
using a basic formula allowance of $3,281.
Sec. 21. [CORRECTION 106D.] 1998 H.F. No. 2874, article 1,
section 52, if enacted, is amended to read:
Sec. 52. [EFFECTIVE DATES.]
(a) Sections 1, 2, 15, 16, 17, 37, 38, and 40 are effective
July 1, 1998.
(b) Sections 4, 5, 8, 9, 12, 13, 25, 41, 42, and 43 are
effective for revenue for fiscal year 1998.
(c) Section 7 is effective retroactively to July 1, 1997,
for revenue for fiscal year 1999.
(d) Sections 10, 11, 26, 27, 28, 31, 34, and 35 are
effective for revenue for fiscal year 1999.
(e) Section Sections 3 and 14 is are effective July 1,
1999.
(f) Section 18 is effective for revenue for fiscal year
2000.
(g) Section 21 is effective retroactive for revenue for
fiscal year 1997.
(h) Sections 24, 33, and 46 are effective the day following
final enactment.
(i) Section 32 is effective for revenue for fiscal year
2001.
Sec. 22. [CORRECTION 106E.] 1998 H.F. No. 2874, article 4,
section 16, if enacted, is amended to read:
Sec. 16. [TAX LEVY FOR DEBT SERVICE.]
To pay the principal of and interest on bonds issued under
section 13 15, independent school district No. 625, St. Paul,
must levy a tax annually in an amount sufficient under Minnesota
Statutes, section 475.61, subdivisions 1 and 3, to pay the
principal of and interest on the bonds. The tax authorized
under this section is in addition to the taxes authorized to be
levied under Minnesota Statutes, chapter 124A or 275, or other
law.
Sec. 23. [CORRECTION 106F.] 1998 H.F. No. 2874, article 5,
section 54, subdivision 4, if enacted, is amended to read:
Subd. 4. [YOUTH ATHLETIC DEMONSTRATION PROGRAM.] For a
grant to special school district No. 1, Minneapolis, and the
Minneapolis park and recreation board to establish a youth
athletic demonstration program under section 26 45:
$ 100,000 ..... 1999
Sec. 24. [CORRECTION 106G.] 1998 H.F. No. 2874, article 5,
section 54, subdivision 6, if enacted, is amended to read:
Subd. 6. [CLEARINGHOUSE OF BEST EDUCATIONAL PRACTICES.]
For a clearinghouse of best educational practices according to
section 19 42:
$2,000,000 ..... 1999
Of this amount, $500,000 is for a contract with an
institution of higher education for the purposes of Minnesota
Statutes, section 121.1115, subdivisions subdivision 1b and 1c.
Sec. 25. [CORRECTION 107.] Minnesota Statutes 1997
Supplement, section 626.556, subdivision 10f, as amended by Laws
1997, Third Special Session chapter 3, section 10, is amended to
read:
Subd. 10f. [NOTICE OF DETERMINATIONS.] Within ten working
days of the conclusion of an assessment, the local welfare
agency shall notify the parent or guardian of the child, the
person determined to be maltreating the child, and if
applicable, the director of the facility, of the determination
and a summary of the specific reasons for the determination.
The notice must also include a certification that the
information collection procedures under subdivision 10,
paragraphs (h), (i), and (j), were followed and a notice of the
right of a data subject to obtain access to other private data
on the subject collected, created, or maintained under this
section. In addition, the notice shall include the length of
time that the records will be kept under subdivision 11c. When
there is no determination of either maltreatment or a need for
services, the notice shall also include the alleged
perpetrator's right to have the records destroyed. The
investigating agency shall notify the parent or guardian of the
child who is the subject of the report, and any person or
facility determined to have maltreated a child, of their appeal
rights under this section.
Sec. 26. [EFFECTIVE DATE.]
Unless provided otherwise, each section of this act takes
effect at the time the provision being corrected takes effect.
Presented to the governor April 22, 1998
Signed by the governor April 22, 1998, 10:00 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes