Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 488-H.F.No. 2699
An act relating to state government; appropriating
money for jobs and economic development, environment,
natural resources, agriculture, criminal justice,
state government, health, and human services;
modifying term limit provisions for the rehabilitation
advisory council for the blind; modifying a match
requirement for the Judy Garland museum; exempting
certain individuals from certain unemployment
insurance additional benefits requirements;
authorizing certain school food service workers to use
wage credits earned for benefit purposes; exempting
the jobs skills partnership board from certain state
contracting requirements; modifying certain fees;
providing for the expiration of securities filings;
providing for a refund of certain excess securities
fees; authorizing the rural policy and development
center board to appoint additional members;
authorizing the job skills partnership board to make
certain grants; authorizing the Minnesota state
colleges and universities board to make certain
investments; increasing certain penalties; providing
certain rights to next of kin of a deceased employee;
extending the expiration date of the legislative
electric energy task force; modifying provisions
relating to renewable energy incentive payments;
setting a goal for the department of economic
security; increasing grant limits; modifying
unemployment benefit eligibility; modifying a
dislocated worker grant provision; codifying
electrical inspection fee provisions; extending sunset
date for board of boxing; transferring boxing
regulation to the board of health; authorizing a
study; modifying unclaimed property provisions;
extending the time a grant is available; canceling
certain appropriations; reducing appropriations to the
department of commerce; modifying agricultural
licensing fees; changing certain agricultural chemical
reimbursement and ethanol producer payment provisions;
modifying provisions relating to rural finance
authority; creating the agroforestry loan program;
creating certain recreation areas; modifying natural
resources funding formulas; modifying state trail and
park provisions; modifying drainage authority funding
sources; modifying storage tank provisions; modifying
certain resource recovery facility provisions;
modifying provisions relating to state land transfers;
creating an agricultural land set-aside program;
increasing criminal penalty fines; requiring a study
on issues related to providing shelter for victims of
domestic violence; authorizing local road authorities
to provide by ordinance for designation of pedestrian
safety crossings on highways under certain
circumstances; establishing a capitol complex
oversight committee consisting of legislative and
executive agency members to plan and oversee security
in the capitol complex area; requiring the Minnesota
safety council to enhance its crosswalk safety
awareness program; authorizing the council to make
grants to local units of government for enhancing
enforcement of pedestrian safety laws; establishing a
joint domestic abuse prosecution unit to be
administered by the Ramsey county attorney's office
and St. Paul city attorney office; establishing a
grant program for peace officer education to combat
juvenile prostitution; requiring the commissioner of
public safety to develop an automobile theft
prevention program; requiring the commissioner of
corrections to develop a uniform method to calculate
per diem cost of incarcerating offenders at state
adult correctional facilities; adopting a formula that
requires counties and the state to share costs of
confinement at Minnesota correctional facility-Red
Wing; authorizing the commissioner of corrections to
make juvenile residential treatment grants; requiring
placement of juveniles at Red Wing if admission
criteria are met unless the court finds the safety of
the child or community can best be met in an
out-of-state facility; requiring mandatory commitment
to the commissioner of corrections of certain
juveniles who have refused or failed to complete sex
offender or chemical treatment programs; authorizing
conveyance of state land for regional jail programs;
modifying provisions relating to state government
operations; reducing the Minnesota comprehensive
health association's operating deficit assessment;
allowing a hospital construction project in Beltrami
county; allowing exceptions to the nursing home
moratorium; removing the reimbursement prohibition for
marriage and family therapists under medical
assistance; expanding the senior drug program;
requiring information on prescription drug patient
assistance; changing long-term care provisions;
increasing rates for nursing facilities and other
providers; changing provisions governing public
assistance programs; providing for immigration status
verification and requiring a report to the Immigration
and Naturalization Service on undocumented aliens;
making changes to the distribution and treatment of
child support in public assistance programs;
establishing a local interventions for
self-sufficiency grant program; establishing a
supportive housing pilot project; establishing a
nontraditional career assistance and training program;
establishing an at-risk youth out-of-wedlock pregnancy
prevention program; extending public assistance
eligibility for certain groups; authorizing county
pilot projects for families on public assistance;
making technical corrections; amending Minnesota
Statutes 1998, sections 16A.11, subdivision 3;
16A.126, subdivision 2; 16B.052; 16B.48, subdivision
4; 16B.485; 16C.05, subdivision 3; 16E.04, by adding a
subdivision; 17.4988, subdivision 2; 17A.03,
subdivision 5; 18E.04, subdivision 4; 41A.09,
subdivision 3a; 41B.03, subdivisions 1 and 2; 41B.039,
subdivision 2; 41B.04, subdivision 8; 41B.042,
subdivision 4; 41B.043, subdivision 2; 41B.045,
subdivision 2; 60H.03, by adding a subdivision;
80A.122, by adding a subdivision; 80A.28, subdivision
1; 85.015, by adding a subdivision; 85.34, subdivision
1, and by adding subdivisions; 97A.055, subdivision 2;
103E.011, by adding a subdivision; 116L.04,
subdivision 1; 125A.74, subdivisions 1 and 2; 144.551,
subdivision 1; 144A.071, subdivision 4a, and by adding
a subdivision; 148B.32, subdivision 1; 168A.40,
subdivisions 3 and 4; 169.21, subdivisions 2 and 3;
169.89, subdivision 2; 181A.12, subdivision 1;
182.661, subdivision 1; 182.666, subdivision 2, and by
adding a subdivision; 216C.41, subdivision 3; 242.41;
242.43; 242.44; 252.28, by adding a subdivision;
256.01, by adding a subdivision; 256.741, by adding a
subdivision; 256.955, subdivisions 1, 2, and by adding
subdivisions; 256.9751; 256B.0625, by adding a
subdivision; 256B.431, by adding subdivisions;
256B.434, by adding a subdivision; 256B.501, by adding
a subdivision; 256B.69, subdivision 5d; 256J.32, by
adding a subdivision; 256J.45, subdivision 3; 256J.47,
subdivision 1; 256J.49, subdivision 13; 256J.50,
subdivisions 5 and 7; 256L.05, subdivision 5; 268.362,
subdivision 2; 297A.44, subdivision 1; 345.31, by
adding a subdivision; 345.39, subdivision 1; 383B.235,
by adding a subdivision; 422A.101, subdivision 3;
609.02, subdivisions 3 and 4a; 609.03; 609.033;
609.0331; 609.0332, subdivision 1; and 609.034;
Minnesota Statutes 1999 Supplement, sections 16A.103,
subdivision 1; 16A.129, subdivision 3; 62J.535,
subdivision 2; 116.073, subdivision 1; 116J.421,
subdivision 2; 119B.011, subdivision 15; 144.395, by
adding a subdivision; 144.396, subdivisions 11 and 12;
242.192; 256.01, subdivision 2; 256.019; 256.955,
subdivisions 4, 8, and 9; 256B.057, subdivision 3;
256B.0916, subdivision 1; 256B.094, subdivision 6;
256B.431, subdivisions 17 and 28; 256B.69,
subdivisions 5b and 5c; 256D.03, subdivision 4;
256D.053, subdivision 1; 256J.08, subdivision 86;
256J.21, subdivision 2; 256J.33, subdivision 4;
256J.34, subdivisions 1 and 4; 256J.37, subdivision 9;
256J.52, subdivisions 3 and 5; 256J.56; 268.085,
subdivision 4; 268.98, subdivision 3; and 326.105;
Laws 1997, chapter 200, article 1, section 5,
subdivision 3; chapter 203, article 9, section 21, as
amended; chapter 225, article 4, section 4, as
amended; Laws 1998, chapter 389, article 16, section
31, subdivision 2, as amended; chapter 404, section 7,
subdivision 23, as amended; Laws 1999, chapter 216,
article 1, sections 7, subdivision 6; 9; 14; and 18;
chapter 223, article 1, section 6, subdivision 1;
article 2, section 81, as amended; chapter 231,
sections 2, subdivision 2; 6, as amended; 11,
subdivision 3; and 14; chapter 245, article 1, section
2, subdivisions 5 and 8; article 4, section 121; and
article 10, section 10; and chapter 250, article 1,
sections 11; 12, subdivision 8; 14, subdivision 3; and
18; proposing coding for new law in Minnesota
Statutes, chapters 16A; 41B; 116L; 136F; 144; 169;
182; 241; 242; 256J; 256K; 260B; 268; 299A; 299E; 326;
and 345; repealing Minnesota Statutes 1998, section
168A.40, subdivision 1; Minnesota Statutes 1999
Supplement, sections 144.396, subdivision 13; and
168A.40, subdivision 2; Laws 1997, chapter 203,
article 7, section 27; and Laws 1999, chapter 250,
article 1, section 15, subdivision 4; and Minnesota
Rules, part 3800.3810.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS
Section 1. [ECONOMIC DEVELOPMENT; APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this article, to
be available for the fiscal years indicated for each purpose.
The figures "2000" and "2001," where used in this article, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 2000, or June 30, 2001,
respectively. The term "first year" means the fiscal year
ending June 30, 2000, and "second year" means the fiscal year
ending June 30, 2001.
SUMMARY BY FUND
2000 2001 TOTAL
General $ 737,000 $ 3,476,000 $ 4,213,000
TANF -0- 500,000 500,000
Workforce Development
Fund -0- 1,827,000 1,827,000
Workers' Compensation
Fund -0- 90,000 90,000
TOTAL $ 737,000 $5,893,000 $6,630,000
APPROPRIATIONS
Available for the Year
Ending June 30
2000 2001
Sec. 2. TRADE AND ECONOMIC
DEVELOPMENT -0- 2,771,000
This appropriation is for the purposes
stated in this section, and is added to
the appropriation in Laws 1999, chapter
223, article 1, section 2.
(a) Labor Force Assessments
-0- 750,000
This appropriation is for grants to
local or regional economic development
agencies to support the development and
use of labor force assessments that
will allow the agencies to recognize
areas in which the skill sets or
education of the available workforce
are underused. Projects are eligible
for grants of up to 60 percent of the
total project costs. The commissioner
shall develop criteria for these grants
that will maximize their effectiveness
in assisting local economic development
efforts. The criteria shall give a
preference to projects that have the
support and involvement of multiple
economic development agencies across a
geographic region where appropriate,
provided that the size of the area
covered by a project does not interfere
with the usefulness of the information
generated. This is a one-time
appropriation and is not added to the
agency's budget base.
(b) Catalyst Grants
-0- 1,000,000
This appropriation is for catalyst
grants to local governments and
recognized Indian tribal governments to
expand Internet access in areas of
rural Minnesota that are otherwise
unlikely to receive access through
existing technology. Catalyst grants
are for capital expenditures related to
providing Internet access to residences
and businesses using either traditional
fiber optic cable or wireless
technology. Eligible capital
expenditures include equipment and
construction costs, but do not include
the costs of planning, engineering, or
preliminary design. The commissioner
shall award catalyst grants according
to a competitive grant process and
shall create criteria for the award of
grants. These criteria shall include a
preference for projects that will
provide both business and residential
Internet access, provided that a
project is presumed to provide business
access only if it will enable access of
at least 512 kilobytes per second. The
maximum catalyst grant for any project
is $250,000 or 25 percent of the
eligible capital expenditures,
whichever is less. This is a one-time
appropriation and is not added to the
agency's budget base.
(c) Tourism Loan Account
-0- 1,021,000
This appropriation is for transfer to
the tourism loan account established
under Minnesota Statutes, section
116J.617, subdivision 5, for the
tourism loan program under Minnesota
Statutes, section 116J.617. This is a
one-time appropriation and shall be
targeted to northern Minnesota.
(d) Cancellation
Of the unspent and unencumbered
portions of the appropriations in Laws
1997, chapter 200, article 1, section
2, subdivision 2, for the pathways
program under Minnesota Statutes,
section 116L.04, subdivision 1a,
$800,000 is canceled and returned to
the general fund.
EFFECTIVE DATE: This paragraph is effective the day
following final enactment.
Sec. 3. MINNESOTA TECHNOLOGY -0- 200,000
This appropriation is for the
e-Business Institute. This is a
one-time appropriation and is not added
to the agency's budget base.
Sec. 4. HOUSING FINANCE AGENCY -0- 500,000
This appropriation is for the family
homeless prevention and assistance
program under Minnesota Statutes,
section 462A.204, and is available
until June 30, 2001. This
appropriation is from the state's
federal TANF block grant under title I
of Public Law Number 104-193 to the
commissioner of human services, to
reimburse the housing development fund
for assistance under this program for
families receiving TANF assistance
under the MFIP program. The
commissioner of human services shall
make quarterly reimbursements to the
housing development fund. The
commissioner of human services shall
not make any reimbursement which the
commissioner determines would be
subject to a penalty under Code of
Federal Regulations, section 262.1.
This is a one-time appropriation.
Sec. 5. BOARD OF ARCHITECTURE,
ENGINEERING, LAND SURVEYING, LANDSCAPE
LANDSCAPE ARCHITECTURE, AND
INTERIOR DESIGN -0- 130,000
This appropriation is for enforcement
activities of the board.
Sec. 6. BOARD OF BOXING -0- 65,000
This amount is added to the
appropriation in Laws 1999, chapter
223, article 1, section 10.
Sec. 7. DEPARTMENT OF ECONOMIC
SECURITY 1,037,000 1,977,000
(a) Youthbuild
Of this amount, $200,000 in the first
year is a one-time appropriation for
grants to existing Youthbuild programs
that have experienced a loss of federal
funds and are unable to fulfill their
missions under Minnesota Statutes,
sections 268.361 to 268.366.
(b) Alien Labor Certification
Of this amount, $150,000 the second
year is a one-time appropriation for
alien labor certification, and is
available as matching funds are
provided on at least a
dollar-for-dollar basis from nonstate
sources.
(c) Displaced Homemaker Programs
Of this amount, $1,827,000 the second
year is an appropriation from the
workforce development fund for
displaced homemaker programs under
Minnesota Statutes, section 268.96.
The general fund appropriation of
$1,827,000 for displaced homemaker
programs in fiscal year 2001 in Laws
1999, chapter 223, article 1, section
4, subdivision 4, is canceled and
returned to the general fund. The
services, locations, and operations of
the displaced homemaker programs shall
not be changed because of the change of
appropriation fund source by this
paragraph. The workforce development
fund shall be the ongoing funding
source for displaced homemaker programs
under Minnesota Statutes, section
268.96.
(d) Summer Youth Employment
$837,000 in the first year is for
summer youth employment programs. This
is a one-time appropriation and is not
added to the agency's budget base.
This appropriation is available
immediately.
Sec. 8. Laws 1997, chapter 200, article 1, section 5,
subdivision 3, is amended to read:
Subd. 3. State Services for the Blind
3,735,000 3,816,000
This appropriation may be supplemented
by funds provided by the Friends of the
Communication Center, for support of
Services for the Blind's Communication
Center, which serves all blind and
visually handicapped Minnesotans. The
commissioner shall report to the
legislature on a biennial basis the
funds provided by the Friends of the
Communication Center.
The commissioner may not require
employees to participate in intensive
blindness sensitivity training in which
the employees are blindfolded or
otherwise simulate blindness, unless
the employee is a manager or counselor;
except that the commissioner may
require the training for up to 14
employees who are not managers or
counselors but have direct contact with
blind clients seeking services, and up
to four employees at the store located
at the state services for the blind.
A person may not serve more than a
total of six consecutive years as a
member of the rehabilitation advisory
council for the blind or its
predecessor, the council for the
blind. Service prior to the effective
date of this section is included in the
six-year limit, except that a person
currently serving on the rehabilitation
advisory council for the blind may
serve out the person's current term and
serve one additional term After six
consecutive years of service, a person
may not be reappointed to the council
until a period of one year has elapsed.
Sec. 9. Laws 1999, chapter 223, article 1, section 6,
subdivision 1, is amended to read
Subdivision 1. Total
Appropriation 18,927,000 17,460,000
18,627,000 16,760,000
Summary by Fund
General 17,245,000 15,831,000
16,945,000 15,131,000
Petro Cleanup 1,015,000 1,045,000
Workers'
Compensation 567,000 584,000
Special Revenue 100,000 -0-
The amounts that may be spent from this
appropriation for each program are
specified in the following
subdivisions, except that with respect
to general fund appropriations, the
commissioner must reduce the amounts
spent from the amounts specified by a
total of $300,000 in the first year and
$700,000 in the second year. The
general fund base for the department
shall be $14,853,000 in fiscal year
2002 and $14,877,000 in fiscal year
2003.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 10. MINNESOTA HISTORICAL
SOCIETY -0- 850,000
$850,000 in the second year is for
salary adjustments.
Sec. 11. DEPARTMENT OF
FINANCE -0- 10,000
This appropriation is for up to $10,000
for the commissioner of finance to
consult with the commissioner of
employee relations and the Minnesota
Historical Society to consider the
causes of ongoing shortfalls in the
salary and benefit accounts at the
Minnesota Historical Society, and to
compare the salaries and benefits at
agencies in other states that have
comparable missions. The commissioner
shall report findings, including
recommendations, to the legislature by
December 31, 2000. This is a one-time
appropriation and is not added to the
agency's budget base.
Sec. 12. DEPARTMENT OF LABOR
AND INDUSTRY -0- 90,000
This appropriation is from the workers'
compensation fund for the workplace
services division to administer article
2, sections 11 to 14. This amount is
added to the appropriation in Laws
1999, chapter 223, article 1, section
11, subdivision 3.
Sec. 13. [JUDY GARLAND MUSEUM.]
Notwithstanding Laws 1997, chapter 200, article 1, section
2, subdivision 2, the match required for the appropriation for
an agreement under that law with the Judy Garland Children's
Museum and the department of trade and economic development is
an equal match of $200,000.
Sec. 14. [UPPER RED LAKE BUSINESS LOAN PROGRAM.]
The appropriation to the commissioner of trade and economic
development in Laws 1999, chapter 223, article 1, section 2,
subdivision 4, for the Upper Red Lake business loan program is
available until January 31, 2001, and applications for grants
under that program may be accepted until that date.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 15. [ADVANTAGE MINNESOTA.]
The appropriation to the commissioner of trade and economic
development in Laws 1999, chapter 223, article 1, section 2,
subdivision 2, for a grant to Advantage Minnesota is available
and may be matched until June 30, 2001.
EFFECTIVE DATE: This section is effective the day following
final enactment.
Sec. 16. [JOBS SKILLS PARTNERSHIP BOARD.]
(a) The appropriation by Laws 1999, chapter 223, article 1,
section 2, subdivision 2, to the department of trade and
economic development from the workforce development fund for the
jobs skills partnership board for the pathways program does not
cancel and is available until expended. If the appropriation
for either year is insufficient, the appropriation for the other
year is available.
(b) The appropriation by Laws 1999, chapter 223, article 1,
section 2, subdivision 2, to the department of trade and
economic development from the state's federal TANF block grant
under Title 1 of Public Law Number 104-193 to the commissioner
of human services, to be transferred to the commissioner of
trade and economic development for the pathways program under
Minnesota Statutes, section 116L.04, subdivision 1a, does not
cancel and is available until expended. If the appropriation
for either year is insufficient, the appropriation for the other
year is available.
(c) The appropriation by Laws 1999, chapter 245, article 1,
section 2, subdivision 10, to the commissioner of health and
human services from the state's federal TANF block grant under
Title 1 of Public Law Number 104-193, to increase employment and
training services grants for MFIP of which $750,000 is to be
transferred to the jobs skills partnership board for the health
care and human services worker training and retention program,
does not cancel and is available until expended. If the
appropriation for either year is insufficient, the appropriation
for the other year is available.
Sec. 17. [WORKFORCE CENTER LOCATIONS.]
The commissioner of the department of administration shall
assist the commissioner of economic security and the board of
trustees of the Minnesota state colleges and universities system
to develop and report to the legislature by January 15, 2001, on
a ten-year plan for the possible location of workforce centers
or affiliate locations on Minnesota college and university
campuses where appropriate.
The plan must identify space requirements, current
workforce center lease expiration dates, and the campuses that
can immediately accommodate workforce centers, and recommend
timelines for colocating workforce centers with Minnesota state
colleges and universities system facilities.
If additional space would be required to accommodate the
workforce center, the plan must outline alternative capital
financing mechanisms, including private build-lease.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 18. [UNEMPLOYMENT INSURANCE; FOOD SERVICES.]
Notwithstanding the provisions of Minnesota Statutes,
section 268.085, subdivision 8, wage credits from an employer
are not subject to the provisions of Minnesota Statutes, section
268.085, subdivision 7, if those wage credits were earned during
the school year by an employee of a private employer performing
work pursuant to a contract between the employer and an
elementary or secondary school and the employment was related to
food services provided to the school by the employer. This
section expires December 31, 2001.
Sec. 19. [EXEMPTION FROM ADDITIONAL BENEFITS REQUIREMENTS;
HENNEPIN PAPER.]
Notwithstanding Minnesota Statutes, section 268.125, an
applicant is eligible to receive additional benefits for any
week under Minnesota Statutes, section 268.125, if:
(1) the applicant was laid off due to lack of work from the
Hennepin Paper Company in Morrison county;
(2) the applicant is a member of a group certified on May
4, 1999, under the North American Free Trade Agreement or the
Trade Adjustment Act as having been impacted by foreign imports;
(3) the applicant has exhausted all rights to regular
benefits under Minnesota Statutes, section 268.07, and does not
qualify for a new benefit account under Minnesota Statutes,
section 268.07, and is not entitled to receive unemployment
benefits under any other state or federal law;
(4) the applicant is presently attending training or is on
vacation from training pursuant to the North American Free Trade
Agreement or the Trade Adjustment Act;
(5) the applicant has filed a continued request for
benefits under Minnesota Statutes, section 268.086, for the
week;
(6) a majority of the applicant's wage credits were from
the Hennepin Paper Company;
(7) the applicant is not subject to a disqualification
under Minnesota Statutes, section 268.095; and
(8) the applicant meets the eligibility requirements under
Minnesota Statutes, section 268.085, except for subdivision 1,
clause (2).
The disqualification provisions under Minnesota Statutes,
section 268.095, apply to this section.
The applicant's weekly additional benefit amount shall be
the same as the applicant's weekly benefit amount under
Minnesota Statutes, section 268.07.
The maximum amount of the additional benefits available
shall be 26 times the applicant's weekly benefit amount under
Minnesota Statutes, section 268.07.
Additional benefits under this section are payable from the
fund.
This section expires January 1, 2001.
Sec. 20. [EXEMPTION FROM ADDITIONAL BENEFITS REQUIREMENTS;
EVTAC MINING.]
Notwithstanding Minnesota Statutes, section 268.125,
subdivisions 1, and 3, clauses (1) and (5), an applicant is
eligible to receive additional benefits under Minnesota
Statutes, section 268.125, effective the week following the week
in which the applicant exhausted regular benefits if:
(1) the applicant was laid off due to lack of work from the
Evtac Mining Company in St. Louis county between the months of
June and August of 1999; and
(2) the commissioner of economic security finds that the
applicant satisfies the conditions of Minnesota Statutes,
section 268.125, subdivision 3, clauses (2) to (4).
This section does not apply to any applicant who, with
respect to any period prior to September 1, 2000, receives, or
has an agreement to receive, a retirement pension financed in
whole or in part by the Evtac Mining Company.
Sec. 21. [EFFECTIVE DATE.]
Sections 19 and 20 and any appropriation and related rider
for fiscal year 2000 are effective the day following final
enactment.
ARTICLE 2
JOBS AND ECONOMIC DEVELOPMENT POLICY PROVISIONS
Section 1. Minnesota Statutes 1998, section 16C.05,
subdivision 3, is amended to read:
Subd. 3. [EXCEPTION.] The requirements of subdivision 2 do
not apply to contracts of the department of economic security
distributing state and federal funds for the purpose of
subcontracting the provision of program services to eligible
recipients. For these contracts, the commissioner of economic
security is authorized to directly enter into agency contracts
and encumber available funds. For contracts distributing state
or federal funds pursuant to the federal Economic Dislocation
and Worker Adjustment Assistance Act, United States Code, title
29, section 1651 et seq., or sections 268.9771, 268.978,
268.9781, and 268.9782, the commissioner of economic security is
authorized to directly enter into agency contracts with approval
of the workforce development council and encumber available
funds to ensure a rapid response to the needs of dislocated
workers. The commissioner of economic security shall adopt
internal procedures to administer and monitor funds distributed
under these contracts. This exception also applies to any
contracts entered into by the commissioner of children,
families, and learning and the jobs skills partnership board
that were previously entered into by the commissioner of
economic security.
Sec. 2. Minnesota Statutes 1998, section 60H.03, is
amended by adding a subdivision to read:
Subd. 4. [TERM AND FEES.] The term of a managing general
agent license issued under this section and the license fees
imposed are the same as those applicable to a licensed insurance
agent under chapter 60K.
Sec. 3. Minnesota Statutes 1998, section 80A.122, is
amended by adding a subdivision to read:
Subd. 4a. [EXPIRATION.] (a) A filing made in connection
with the securities of an open-end investment company under
subdivision 1 expires the next June 30 unless renewed. To renew
a notice filing, an issuer shall:
(1) before expiration of a current notice filing, file with
the commissioner the documents specified by the commissioner
under subdivision 1, clause (2), together with any fees required
by section 80A.28, subdivision 1, paragraph (c); and
(2) no later than September 1 following expiration, file a
sales report for the prior fiscal year with the commissioner
specifying:
(i) the registered sales;
(ii) the actual sales; and
(iii) the balance that could be sold without an additional
filing under section 80A.28, subdivision 1, paragraph (c).
(b) No portion of the unsold balance of shares indicated on
the issuer's sales report may be lawfully sold in this state in
connection with a renewed notice filing until fees have been
paid to renew the shares.
Sec. 4. Minnesota Statutes 1998, section 80A.28,
subdivision 1, is amended to read:
Subdivision 1. (a) There shall be a filing fee of $100 for
every application for registration or notice filing. There
shall be an additional fee of one-tenth of one percent of the
maximum aggregate offering price at which the securities are to
be offered in this state, and the maximum combined fees shall
not exceed $300.
(b) When an application for registration is withdrawn
before the effective date or a preeffective stop order is
entered under section 80A.13, subdivision 1, all but the $100
filing fee shall be returned. If an application to register
securities is denied, the total of all fees received shall be
retained.
(c) Where a filing is made in connection with a federal
covered security under section 18(b)(2) of the Securities Act of
1933, there is a fee of $100 for every initial filing. If the
filing is made in connection with redeemable securities issued
by an open end management company or unit investment trust, as
defined in the Investment Company Act of 1940, there is an
additional annual fee of 1/20 of one percent of the maximum
aggregate offering price at which the securities are to be
offered in this state during the notice filing period. The fee
must be paid at the time of the initial filing and thereafter in
connection with each renewal no later than July 1 of each year
and must be sufficient to cover the shares the issuer expects to
sell in this state over the next 12 months. If during a current
notice filing the issuer determines it is likely to sell shares
in excess of the shares for which fees have been paid to the
commissioner, the issuer shall submit an amended notice filing
to the commissioner under section 80A.122, subdivision 1, clause
(3), together with a fee of 1/20 of one percent of the maximum
aggregate offering price of the additional shares. Shares for
which a fee has been paid, but which have not been sold at the
time of expiration of the notice filing, may not be sold unless
an additional fee to cover the shares has been paid to the
commissioner as provided in this section and section 80A.122,
subdivision 4a. If the filing is made in connection with
redeemable securities issued by such a company or trust, there
is no maximum fee for securities filings made according to this
paragraph. If the filing is made in connection with any other
federal covered security under Section 18(b)(2) of the
Securities Act of 1933, there is an additional fee of one-tenth
of one percent of the maximum aggregate offering price at which
the securities are to be offered in this state, and the combined
fees shall not exceed $300. Beginning with fiscal year 2001 and
continuing each fiscal year thereafter, as of the last day of
each fiscal year, the commissioner shall determine the total
amount of all fees that were collected under this paragraph in
connection with any filings made for that fiscal year for
securities of an open-end investment company on behalf of a
security that is a federal covered security pursuant to section
18(b)(2) of the Securities Act of 1933. To the extent the total
fees collected by the commissioner in connection with these
filings exceed $25,000,000 in a fiscal year, the commissioner
shall refund, on a pro rata basis, to all persons who paid any
fees for that fiscal year, the amount of fees collected by the
commissioner in excess of $25,000,000. No individual refund is
required of amounts of $100 or less for a fiscal year.
Sec. 5. Minnesota Statutes 1999 Supplement, section
116J.421, subdivision 2, is amended to read:
Subd. 2. [GOVERNANCE.] The center is governed by a board
of directors appointed to six-year terms by the governor
comprised of:
(1) a representative from each of the two largest statewide
general farm organizations;
(2) a representative from a regional initiative
organization selected under section 116J.415, subdivision 3;
(3) the president of Mankato State University;
(4) a representative from the general public residing in a
town of less than 5,000 located outside of the metropolitan
area;
(5) a member of the house of representatives appointed by
the speaker of the house and a member of the senate appointed by
the subcommittee on committees of the senate committee on rules
and administration appointed for two-year terms;
(6) three representatives from business, including one
representing rural manufacturing and one rural retail and
service business;
(7) three representatives from private foundations with a
demonstrated commitment to rural issues;
(8) one representative from a rural county government; and
(9) one representative from a rural regional government.
The board shall appoint one additional member to the board
of directors who shall represent the general public.
If the board concludes at any time that the composition of
the board does not adequately reflect the ethnic and gender
diversity of rural Minnesota, the board may appoint up to four
additional members in order to better reflect this diversity.
Members appointed by the board under this paragraph shall serve
six-year terms. The board may not appoint additional members
such that the board would have a total of more than 20 members.
Sec. 6. Minnesota Statutes 1998, section 116L.04,
subdivision 1, is amended to read:
Subdivision 1. [PARTNERSHIP PROGRAM.] (a) The partnership
program may provide grants-in-aid to educational or other
nonprofit training educational institutions using the following
guidelines:
(1) the educational or other nonprofit educational
institution is a provider of training within the state in either
the public or private sector;
(2) the program involves skills training that is an area of
employment need; and
(3) preference will be given to educational or other
nonprofit training institutions which serve economically
disadvantaged people, minorities, or those who are victims of
economic dislocation and to businesses located in rural areas.
(b) A single grant to any one institution shall not exceed
$400,000.
Sec. 7. [116L.16] [DISTANCE-WORK GRANTS.]
The job skills partnership board may make grants-in-aid for
distance-work projects. The purpose of the grants is to promote
distance-work projects involving technology in rural areas and
may include a consortium of organizations partnering in the
development of rural technology industry. Grants may be used to
identify and train rural workers in technology and provide rural
workers with physical connections to telecommunications
infrastructure, where necessary, in order to be self-employed or
employed from their homes or satellite offices. Grants must be
made according to Minnesota Statutes, sections 116L.02 and
116L.04, except that:
(1) the business match may include, but is not limited to,
additional management or technology staff costs; start-up
equipment costs such as telecommunications infrastructure,
additional software, or computer upgrades; consulting fees for
implementation of distance-work policies or identification and
skill assessment of potential employees; and the joint financial
contribution of two or more businesses acting as a consortium;
(2) cash or in-kind contributions by partnering
organizations may be used as a match;
(3) eligible grantees may be educational or nonprofit
educational training organizations; and
(4) grants-in-aid may be packaged with loans under
Minnesota Statutes, section 116L.06, subdivision 6.
The board shall, to the extent there are sufficient
applications, make grant awards to as many parts of the state as
possible. Subject to the requirement for geographic
distribution of grants, preference shall be given to grant
applications that provide the most cost-effective training
proposals, that provide the best prospects for high-paying jobs
with high retention rates, or that are from more economically
distressed rural areas or communities.
Grantees must meet reporting and evaluation requirements
established by the board.
Sec. 8. [136F.77] [EQUITY INVESTMENTS.]
Subdivision 1. [POWERS OF BOARD.] The board may acquire an
interest in a product or a private business entity for the
purpose of developing and providing educational materials and
related programs or services to further the mission of the
Minnesota state colleges and universities and foster the
economic growth of the state. The board may enter into joint
venture agreements with private corporations to develop
educational materials and related programs or services. Any
proceeds from the investments or ventures are appropriated to
the board. The state is not liable for any obligations or
liabilities that arise from investments under this section. The
board must report annually by September 1 to the legislature
regarding its earnings from partnerships and the disposition of
those earnings.
Subd. 2. [CONSULTATION REQUIRED.] Prior to entering into a
joint venture agreement under this section, the board shall
consult with appropriate exclusive bargaining representatives
and must address topics such as employee protections,
instructional services, information availability, and reporting
conflicts of interest.
Subd. 3. [NO ABROGATION.] Nothing in this section shall
abrogate the provisions of sections 43A.047 and 136F.581.
Sec. 9. [144.994] [PROFESSIONAL BOXING REGULATION.]
Subdivision 1. [GENERALLY.] The commissioner of health
shall regulate professional boxing matches in Minnesota. For
the purposes of this section, "professional boxing matches"
means boxing contests held in Minnesota between individuals for
financial compensation, but does not include boxing contests
regulated by an amateur sports organization.
Subd. 2. [COMPLIANCE WITH FEDERAL LAW.] The commissioner
shall act as Minnesota's state boxing commission for the
purposes of the Professional Boxing Safety Act, United States
Code, title 15, sections 6301 to 6313, and shall ensure that
safety standards, registration procedures, and other regulations
required by federal law are sufficient to protect the health and
safety of boxers.
Subd. 3. [LIMITATION.] The commissioner shall not impose
regulations substantially more stringent than necessary to
protect boxers' health and safety and to fully comply with
federal requirements.
EFFECTIVE DATE: This section is effective July 1, 2001.
Sec. 10. Minnesota Statutes 1998, section 181A.12,
subdivision 1, is amended to read:
Subdivision 1. [FINES; PENALTY.] Any employer who hinders
or delays the department or its authorized representative in the
performance of its duties under sections 181A.01 to 181A.12 or
refuses to admit the commissioner or an authorized
representative to any place of employment or refuses to make
certificates or lists available as required by sections 181A.01
to 181A.12, or otherwise violates any provisions of sections
181A.01 to 181A.12 or any rules issued pursuant thereto shall be
assessed a fine to be paid to the commissioner for deposit in
the general fund. The fine may be recovered in a civil action
in the name of the department brought in the district court of
the county where the violation is alleged to have occurred or
the district court where the commissioner has an office. Fines
are in the amounts as follows:
(a) employment of minors under the age of 14
(each employee) $ 50
$ 500
(b) employment of minors under the age of 16
during school hours while school is in session
(each employee) 50
500
(c) employment of minors under the age of 16
before 7:00 a.m. (each employee) 50
500
(d) employment of minors under the age of 16
after 9:00 p.m. (each employee) 50
500
(e) employment of a high school student under
the age of 18 in violation of section 181A.04,
subdivision 6 (each employee) 100
1,000
(f) employment of minors under the age of 16
over eight hours a day (each employee) 50
500
(g) employment of minors under the age of 16
over 40 hours a week (each employee) 50
500
(h) employment of minors under the age of 18
in occupations hazardous or
detrimental to their well-being as defined
by rule (each employee) 100
1,000
(i) employment of minors under the age of 16
in occupations hazardous or
detrimental to their well-being as defined
by rule (each employee) 100
1,000
(j) minors under the age of 18 injured in
hazardous employment (each employee) 500
5,000
(k) minors employed without proof of age
(each employee) 25
250
An employer who refuses to make certificates or lists
available as required by sections 181A.01 to 181A.12 shall be
assessed a $500 fine.
EFFECTIVE DATE: This section is effective October 1, 2000.
Sec. 11. [182.6545] [RIGHTS OF NEXT OF KIN UPON DEATH.]
In the case of a death of an employee, the department shall
make reasonable efforts to locate the employee's next of kin and
shall mail to them copies of the following:
(1) citations and notification of penalty;
(2) notices of hearings;
(3) complaints and answers;
(4) settlement agreements;
(5) orders and decisions; and
(6) notices of appeals.
In addition, the next of kin shall have the right to
request a consultation with the department regarding citations
and notification of penalties issued as a result of the
investigation of the employee's death. For the purposes of this
section, "next of kin" refers to the nearest proper relative as
that term is defined by section 253B.03, subdivision 6,
paragraph (c).
Sec. 12. Minnesota Statutes 1998, section 182.661,
subdivision 1, is amended to read:
Subdivision 1. If, after an inspection or investigation,
the commissioner issues a citation under section 182.66, the
commissioner shall notify the employer by certified mail of the
penalty, if any, proposed to be assessed under section 182.666
and that the employer has 20 calendar days within which to file
a notice of contest and certification of service, on a form
provided by the commissioner, indicating that the employer
wishes to contest the citation, type of violation, proposed
assessment of penalty, or the period of time fixed in the
citation given for correction of violation. A copy of the
citation and the proposed assessment of penalty shall also be
mailed to the authorized employee representative and including,
in the case of the death of an employee, to the next of kin if
requested. If within 20 calendar days from the receipt of the
penalty notice issued by the commissioner the employer fails to
file the notice of contest, and no notice of contest is filed by
any employee or authorized representative of employees under
subdivision 3 within such time, the citation and assessment, as
proposed, shall be deemed a final order of the commissioner and
not subject to review by any court or agency.
Sec. 13. Minnesota Statutes 1998, section 182.666,
subdivision 2, is amended to read:
Subd. 2. Any employer who has received a citation for a
serious violation of its duties under section 182.653, or any
standard, rule, or order adopted under the authority of the
commissioner as provided in this chapter, shall be assessed a
fine not to exceed $7,000 for each violation. If the violation
causes or contributes to the cause of the death of an employee,
the employer shall be assessed a fine of up to $25,000.
Sec. 14. Minnesota Statutes 1998, section 182.666, is
amended by adding a subdivision to read:
Subd. 2a. Notwithstanding any other provision of this
section, if any (1) serious, willful, or repeated violation
other than a violation of section 182.653, subdivision 2; or (2)
any failure to correct a violation pursuant to subdivision 4
causes or contributes to the death of an employee, the minimum
total nonnegotiable fine which shall be assessed for all
citations connected to the death of an employee is $50,000 if
there is a willful or repeated violation or $25,000 if there is
no willful or repeated violation.
Sec. 15. Minnesota Statutes 1998, section 216C.41,
subdivision 3, is amended to read:
Subd. 3. [ELIGIBILITY WINDOW.] Payments may be made under
this section only for electricity generated:
(a) from a qualified hydroelectric facility that is
operational and generating electricity before January 1 December
31, 2001; or
(b) from a qualified wind energy conversion facility that
is operational and generating electricity before January 1, 2005.
Sec. 16. [268.028] [ALIEN LABOR CERTIFICATION; PERFORMANCE
STANDARDS.]
The department of economic security shall have as a goal to
process completed applications for certification for permanent
alien laborers within 60 days of receipt of the completed
application.
Sec. 17. Minnesota Statutes 1999 Supplement, section
268.085, subdivision 4, is amended to read:
Subd. 4. [SOCIAL SECURITY BENEFITS.] (a) Any applicant
aged 62 or over shall be required to state when filing an
application for benefits and when filing continued requests for
benefits whether the applicant is receiving, has filed for, or
intends to file for, primary social security old age or
disability benefits for any week during the benefit year.
(b) There shall be deducted from an applicant's weekly
benefit amount 50 percent of the weekly equivalent of the
primary social security old age or disability benefit the
applicant has received, has filed for, or intends to file for,
with respect to that week.
(c) Notwithstanding paragraph (b), an applicant shall be
ineligible for benefits for any week with respect to which the
applicant is receiving, has received, or has filed for primary
social security disability benefits.
This paragraph shall not apply if the Social Security
Administration approved the collecting of primary social
security disability benefits each month the applicant was
employed during the base period.
(d) Information from the Social Security Administration
shall be considered conclusive, absent specific evidence showing
that the information was erroneous.
(e) Any applicant who receives primary social security old
age or disability benefits for periods that the applicant has
been paid reemployment compensation benefits shall be considered
overpaid those reemployment compensation benefits under section
268.18, subdivision 1.
EFFECTIVE DATE: This section is effective the day
following final enactment and is retroactive to August 1, 1999.
Sec. 18. Minnesota Statutes 1998, section 268.362,
subdivision 2, is amended to read:
Subd. 2. [GRANT APPLICATIONS; AWARDS.] Interested eligible
organizations must apply to the commissioner for the grants.
The advisory committee must review the applications and provide
to the commissioner a list of recommended eligible organizations
that the advisory committee determines meet the requirements for
receiving a grant. The total grant award for any program may
not exceed $80,000 $150,000 per year. In awarding grants, the
advisory committee and the commissioner must give priority to:
(1) continuing and expanding effective programs by
providing grant money to organizations that are operating or
have operated a successful program that meets the program
purposes under section 268.364; and
(2) distributing programs throughout the state through
start-up grants for programs in areas that are not served by an
existing program.
To receive a grant under this section, the eligible
organization must match the grant money with at least an equal
amount of nonstate money. The commissioner must verify that the
eligible organization has matched the grant money. Nothing in
this subdivision shall prevent an eligible organization from
applying for and receiving grants for more than one program. A
grant received by an eligible organization from the federal
Youthbuild Project under United States Code, title 42, section
5091, is nonstate money and may be used to meet the state match
requirement. State grant money awarded under this section may
be used by grantee organizations for match requirements of a
federal Youthbuild Project.
Sec. 19. Minnesota Statutes 1999 Supplement, section
268.98, subdivision 3, is amended to read:
Subd. 3. [COST LIMITATIONS.] (a) For purposes of sections
268.9781 and 268.9782, funds allocated to a grantee are subject
to the following limitations:
(1) a maximum of 15 percent for administration in a worker
adjustment services plan and ten percent in a dislocation event
services grant;
(2) a minimum of 50 percent for provision of training
assistance;
(3) no more than ten percent statewide may be allocated
annually a maximum of 15 percent may be allocated for support
services, as defined in section 268.975, subdivision 13; except,
that if the commissioner finds it essential for a specific grant
or plan the maximum that may be allocated for support services
is 20 percent; and
(4) the balance used for provision of basic readjustment
assistance.
(b) A waiver of the cost limitation on providing training
assistance may be requested. The waiver may not permit less
than 30 percent of the funds be spent on training assistance.
(c) The commissioner shall prescribe the form and manner
for submission of an application for a waiver under paragraph
(b). Criteria for granting a waiver shall be established by the
commissioner in consultation with the workforce development
council.
Sec. 20. Minnesota Statutes 1999 Supplement, section
326.105, is amended to read:
326.105 [FEES.]
The fee for licensure or renewal of licensure as an
architect, professional engineer, land surveyor, landscape
architect, or geoscience professional is $104 $120 per biennium.
The fee for certification as a certified interior designer or
for renewal of the certificate is $104 $120 per biennium. The
fee for an architect applying for original certification as a
certified interior designer is $50 per biennium. The initial
license or certification fee for all professions is $104 $120.
The renewal fee shall be paid biennially on or before June 30 of
each even-numbered year. The renewal fee, when paid by mail, is
not timely paid unless it is postmarked on or before June 30 of
each even-numbered year. The application fee is $25 for
in-training applicants and $75 for professional license
applicants.
The fee for monitoring licensing examinations for
applicants is $25, payable by the applicant.
Sec. 21. [326.2441] [INSPECTION FEE SCHEDULE.]
Subdivision 1. [SCHEDULE.] State electrical inspection
fees shall be paid according to subdivisions 2 to 13.
Subd. 2. [FEE FOR EACH SEPARATE INSPECTION.] The minimum
fee for each separate inspection of an installation,
replacement, alteration, or repair is $20.
Subd. 3. [FEE FOR SERVICES, GENERATORS, OTHER POWER SUPPLY
SOURCES, OR FEEDERS TO SEPARATE STRUCTURES.] The inspection fee
for the installation, addition, alteration, or repair of each
service, change of service, temporary service, generator, other
power supply source, or feeder to a separate structure is:
(1) 0 ampere to and including 400 ampere capacity, $25;
(2) 401 ampere to and including 800 ampere capacity, $50;
and
(3) ampere capacity above 800, $75.
Where multiple disconnects are grouped at a single location
and are supplied by a single set of supply conductors the
cumulative rating of the overcurrent devices shall be used to
determine the supply ampere capacity.
Subd. 4. [FEE FOR CIRCUITS, FEEDERS, FEEDER TAPS, OR SETS
OF TRANSFORMER SECONDARY CONDUCTORS.] The inspection fee for the
installation, addition, alteration, or repair of each circuit,
feeder, feeder tap, or set of transformer secondary conductors,
including the equipment served, is:
(1) 0 ampere to and including 200 ampere capacity, $5; and
(2) ampere capacity above 200, $10.
Subd. 5. [LIMITATIONS TO FEES OF SUBDIVISIONS 3 AND
4.] (a) The fee for a one-family dwelling and each dwelling unit
of a two-family dwelling with a supply of up to 500 amperes
where a combination of ten or more sources of supply, feeders,
or circuits are installed, added, altered, repaired, or extended
is $80. This fee applies to each separate installation for new
dwellings and additions, alterations, or repairs to existing
dwellings and includes not more than two inspections. The fee
for additional inspections or other installations is that
specified in subdivisions 2 to 4. The installer may submit fees
for additional inspections when filing the request for
electrical inspection.
(b) The fee for each dwelling unit of a multifamily
dwelling with three to 12 dwelling units is $50 and the fee for
each additional dwelling unit is $25. These fees include only
inspection of the wiring within individual dwelling units and
the final feeder to that unit. This limitation is subject to
the following conditions:
(1) the multifamily dwelling is provided with common
service equipment and each dwelling unit is supplied by a
separate feeder. The fee for multifamily dwelling services or
other power source supplies and all other circuits is that
specified in subdivisions 2 to 4; and
(2) this limitation applies only to new installations for
multifamily dwellings where the majority of the individual
dwelling units are available for inspection during each
inspection trip.
(c) A separate request for electrical inspection form must
be filed for each dwelling unit that is supplied with an
individual set of service entrance conductors. These fees are
the one-family dwelling rate specified in paragraph (a).
Subd. 6. [ADDITIONS TO FEES OF SUBDIVISIONS 3 TO 5.] (a)
The fee for the electrical supply for each manufactured home
park lot is $25. This fee includes the service or feeder
conductors up to and including the service equipment or
disconnecting means. The fee for feeders and circuits that
extend from the service or disconnecting means is that specified
in subdivision 4.
(b) The fee for each recreational vehicle site electrical
supply equipment is $5. The fee for recreational vehicle park
services, feeders, and circuits is that specified in
subdivisions 3 and 4.
(c) The fee for each street, parking lot, or outdoor area
lighting standard is $1, and the fee for each traffic signal
standard is $5. Circuits originating within the standard or
traffic signal controller shall not be used when computing the
fee.
(d) The fee for transformers for light, heat, and power is
$10 for transformers rated up to ten kilovolt-amperes and $20
for transformers rated in excess of ten kilovolt-amperes.
(e) The fee for transformers and electronic power supplies
for electric signs and outline lighting is $5 per unit.
(f) The fee for alarm, communication, remote control, and
signaling circuits or systems, and circuits of less than 50
volts, is 50 cents for each system device or apparatus.
(g) The fee for each separate inspection of the bonding for
a swimming pool, spa, fountain, an equipotential plane for an
agricultural confinement area, or similar installation shall be
$20. Bonding conductors and connections require an inspection
before being concealed.
(h) The fee for all wiring installed on center pivot
irrigation booms is $40.
(i) The fee for retrofit modifications to existing lighting
fixtures is 25 cents per lighting fixture.
Subd. 7. [INVESTIGATION FEES: WORK WITHOUT A REQUEST FOR
ELECTRICAL INSPECTION.] (a) Whenever any work for which a
request for electrical inspection is required by the board has
begun without the request for electrical inspection form being
filed with the board, a special investigation shall be made
before a request for electrical inspection form is accepted by
the board.
(b) An investigation fee, in addition to the full fee
required by subdivisions 1 to 6, shall be paid before an
inspection is made. The investigation fee is two times the
hourly rate specified in subdivision 10 or the inspection fee
required by subdivisions 1 to 6, whichever is greater, not to
exceed $1,000. The payment of the investigation fee does not
exempt any person from compliance with all other provisions of
the board rules or statutes nor from any penalty prescribed by
law.
Subd. 8. [REINSPECTION FEE.] When reinspection is
necessary to determine whether unsafe conditions have been
corrected and the conditions are not the subject of an appeal
pending before the board or any court, a reinspection fee of $20
may be assessed in writing by the inspector.
Subd. 9. [SUPPLEMENTAL FEE.] When inspections scheduled by
the installer are preempted, obstructed, prevented, or otherwise
not able to be completed as scheduled due to circumstances
beyond the control of the inspector, a supplemental inspection
fee of $20 may be assessed in writing by the inspector.
Subd. 10. [SPECIAL INSPECTION.] For inspections not
covered in this section, or for requested special inspections or
services, the fee shall be $30 per hour, including travel time,
plus 31 cents per mile traveled, plus the reasonable cost of
equipment or material consumed. This provision is applicable to
inspection of empty conduits and other jobs as may be determined
by the board. This fee may also be assessed when installations
are not accessible by roadway and require alternate forms of
transportation.
Subd. 11. [INSPECTION OF TRANSITORY PROJECTS.] (a) For
inspection of transitory projects including, but not limited to,
festivals, fairs, carnivals, circuses, shows, production sites,
and portable road construction plants, the inspection procedures
and fees are as specified in paragraphs (b) to (i).
(b) The fee for inspection of each generator or other
source of supply is that specified in subdivision 3. A like fee
is required at each engagement or setup.
(c) In addition to the fee for generators or other sources
of supply, there must be an inspection of all installed feeders,
circuits, and equipment at each engagement or setup at the
hourly rate specified in subdivision 10, with a two-hour minimum.
(d) An owner, operator, or appointed representative of a
transitory enterprise including, but not limited to, festivals,
fairs, carnivals, circuses, production companies, shows,
portable road construction plants, and similar enterprises shall
notify the board of its itinerary or schedule and make
application for initial inspection a minimum of 14 days before
its first engagement or setup. An owner, operator, or appointed
representative of a transitory enterprise who fails to notify
the board 14 days before its first engagement or setup may be
subject to the investigation fees specified in subdivision 7.
The owner, operator, or appointed representative shall request
inspection and pay the inspection fee for each subsequent
engagement or setup at the time of the initial inspection. For
subsequent engagements or setups not listed on the itinerary or
schedule submitted to the board and where the board is not
notified at least 48 hours in advance, a charge of $100 may be
made in addition to all required fees.
(e) Amusement rides, devices, concessions, attractions, or
other units must be inspected at their first appearance of the
year. The inspection fee is $20 per unit with a supply of up to
60 amperes and $30 per unit with a supply above 60 amperes.
(f) An additional fee at the hourly rate specified in
subdivision 10 must be charged for additional time spent by each
inspector if equipment is not ready or available for inspection
at the time and date specified on the application for initial
inspection or the request for electrical inspection form.
(g) In addition to the fees specified in paragraphs (a) and
(b), a fee of two hours at the hourly rate specified in
subdivision 10 must be charged for inspections required to be
performed on Saturdays, Sundays, holidays, or after regular
business hours.
(h) The fee for reinspection of corrections or supplemental
inspections where an additional trip is necessary may be
assessed as specified in subdivision 8.
(i) The board may retain the inspection fee when an owner,
operator, or appointed representative of a transitory enterprise
fails to notify the board at least 48 hours in advance of a
scheduled inspection that is canceled.
Subd. 12. [HANDLING FEE.] The handling fee to pay the cost
of printing and handling of the form requesting an inspection is
$1.
Subd. 13. [NATIONAL ELECTRICAL CODE USED FOR
INTERPRETATION OF PROVISIONS.] For purposes of interpretation of
this section and Minnesota Rules, chapter 3800, the most
recently adopted edition of the National Electrical Code shall
be prima facie evidence of the definitions, interpretations, and
scope of words and terms used.
Sec. 22. Minnesota Statutes 1998, section 345.31, is
amended by adding a subdivision to read:
Subd. 6a. [MONEY ORDER.] "Money order" includes an express
money order and a personal money order, on which the remitter is
the purchaser. The term does not include a bank order or any
other instrument sold by a financial organization if the seller
has obtained the name and address of the payee.
EFFECTIVE DATE: This section is effective July 1, 2001.
Sec. 23. [345.321] [DORMANCY CHARGE FOR MONEY ORDERS.]
Notwithstanding any law to the contrary, a holder may
annually deduct, from a money order presumed abandoned, a charge
imposed by reason of the owner's failure to claim the property
within a specified time. The holder may deduct the charge only
if: (1) there is a valid and enforceable written contract
between the holder and the owner under which the holder may
impose the charge; (2) the holder regularly imposes the charge;
and (3) the charge is not regularly reversed or otherwise
canceled. The total amount of the deduction is limited to an
amount that is not unconscionable.
EFFECTIVE DATE: This section is effective July 1, 2001.
Sec. 24. Minnesota Statutes 1998, section 345.39,
subdivision 1, is amended to read:
Subdivision 1. [PRESUMED ABANDONMENT.] All intangible
personal property, not otherwise covered by sections 345.31 to
345.60, including any income or increment thereon, but excluding
any charges that may lawfully be withheld, that is held or owing
in this state in the ordinary course of the holder's business
and has remained unclaimed by the owner for more than three
years after it became payable or distributable is presumed
abandoned. Property covered by this section includes, but is
not limited to: (a) unclaimed worker's compensation; (b)
deposits or payments for repair or purchase of goods or
services; (c) credit checks or memos, or customer overpayments;
(d) unidentified remittances, unrefunded overcharges; (e) unpaid
claims, unpaid accounts payable or unpaid commissions; (f)
unpaid mineral proceeds, royalties or vendor checks; and (g)
credit balances, accounts receivable and miscellaneous
outstanding checks. This section does not include money orders.
"Intangible property" does not include gift certificates, gift
cards, or layaway accounts issued or maintained by any person in
the business of selling tangible property or services at retail
and such items shall not be subject to this section.
EFFECTIVE DATE: This section is effective July 1, 2001.
Sec. 25. Laws 1999, chapter 223, article 2, section 81, as
amended by Laws 1999, chapter 249, section 12, is amended to
read:
Sec. 81. [EFFECTIVE DATES.]
Section 48 is effective March 1, 2000.
Sections 59, 61, 62, 64, 65, and 79 are effective the day
following final enactment.
Section 67 is effective June 30, 1999.
Section 80, paragraph (a), is effective July 1, 1999.
Section 80, paragraphs paragraph (b) and (c), are is
effective July 1, 2000.
Section 80, paragraph (c), is effective July 1, 2001.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 26. [ASSUMPTION OF RESPONSIBILITIES BY COMMISSIONER
OF HEALTH.]
The commissioner of health shall consult with appropriate
knowledgeable individuals on an ongoing basis regarding the
development and enforcement of boxing regulations.
Responsibility for the regulation of professional boxing is
transferred to the commissioner of health as of July 1, 2001,
pursuant to Minnesota Statutes, section 15.039, except that
Minnesota Statutes, section 15.039, subdivision 7, shall not
apply to this transfer of responsibilities.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 27. [INFORMATION TO BE PROVIDED.]
The commissioner of labor and industry shall by September
1, 2000, complete a diligent and concerted effort to provide an
informational brochure to every employer in Minnesota who is
subject to the provisions of Minnesota Statutes, chapter 181A.
The brochure shall describe the requirements of Minnesota
Statutes, chapter 181A, shall describe the effects of section
10, and shall provide a telephone number that employers may call
for additional information regarding compliance with Minnesota
Statutes, chapter 181A.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 28. [INSTRUCTION TO REVISOR.]
The revisor shall change references in Minnesota Rules from
Minnesota Rules, part 3800.3810, to Minnesota Statutes, section
326.2441.
Sec. 29. [REPEALER.]
Minnesota Rules, part 3800.3810, is repealed.
ARTICLE 3
ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE
Section 1. [APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or any other fund named, to
the agencies and for the purposes specified in this article, to
be available for the fiscal years indicated for each purpose.
The figures "2000" and "2001" mean that the appropriation or
appropriations listed under them are available for the fiscal
year ending June 30, 2000, or June 30, 2001, respectively, and
if an earlier appropriation was made for that purpose for that
year, the appropriation in this article is added to it.
APPROPRIATIONS
Available for the Year
Ending June 30
2000 2001
Sec. 2. POLLUTION CONTROL AGENCY 307,000 -0-
$306,000 is to administer the
wastewater infrastructure fund. This
is a one-time appropriation and is
available until June 30, 2001.
The agency must allocate $104,000 of
the appropriation in Laws 1999, chapter
231, section 2, for WIF construction
program administration.
$1,000 is appropriated from the general
fund in fiscal year 2000 for the air
quality permitting process required to
allow an existing resource recovery
facility in Hennepin county to operate
at its maximum yearly capacity as
provided in section 30. This is a
one-time appropriation and is available
until June 30, 2001. This amount shall
be reimbursed by the applicant for the
permit.
$865,000 from the balance in the
environmental fund shall be canceled to
the general fund by June 30, 2001.
Sec. 3. BOARD OF WATER
AND SOIL RESOURCES 2,650,000 400,000
$400,000 in fiscal year 2001 is for
professional and technical services to
replace wetlands under Minnesota
Statutes, section 103G.222, subdivision
1. This is a one-time appropriation.
$2,650,000 in fiscal year 2000 is for
the purposes of sections 40 to 43.
This is a one-time appropriation and
remains available until expended.
Administrative costs may not exceed ten
percent of the appropriation.
Sec. 4. NATURAL RESOURCES 5,414,000 -0-
$3,955,000 in fiscal year 2000 is for
the settlement of legal costs incurred
by the Mille Lacs Band, St. Croix Band,
Bad River Band, Red Cliff Band, Lac du
Flambeau Band, Sokaogon Chippewa
Community, and the Lac Courte Oreilles
Band related to the 1837 Treaty
litigation.
The money necessary for the interest
payment on the settlement of legal
costs in the 1837 Treaty litigation is
appropriated in fiscal year 2000. The
amount of the interest payment shall be
determined by applying an interest
amount of $614.30 for each day
beginning December 10, 1999, through
the day of payment of the legal costs.
$1,459,000 in fiscal year 2000 is for
grants to Lake, Cook, and St. Louis
counties for emergency communications
equipment, emergency response
equipment, and emergency planning and
training to respond to a major
wildfire. Of this amount, $227,000 is
for a grant to Lake county, $430,000 is
for a grant to Cook county, and
$802,000 is for a grant to St. Louis
county. St. Louis county must use a
portion of the grant to purchase a NOAA
warning system that can be used by all
of the counties receiving grants under
this section. This appropriation is
available until June 30, 2001.
The commissioner may use up to 50
percent of a snowmobile maintenance and
grooming grant under Minnesota
Statutes, section 84.83, that was
available as of December 31, 1999, to
reimburse the intended recipient for
the actual cost of snowmobile trail
grooming equipment. The costs must be
incurred in fiscal year 2000 and
recipients seeking reimbursement under
this paragraph must provide acceptable
documentation of the costs to the
commissioner. All applications for
reimbursement under this paragraph must
be received no later than September 1,
2000.
Sec. 5. AGRICULTURE 870,000 869,000
$120,000 in fiscal year 2000 and
$374,000 in fiscal year 2001 are for
expansion of the state meat inspection
program. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available.
$200,000 in fiscal year 2001 is for
grants to one or more cooperative
associations organized under Minnesota
Statutes, chapter 308A, primarily for
the purpose of facilitating the
production and marketing of short
rotation woody crops. The grants must
be matched by $1 of nonstate money for
each dollar. This is a one-time
appropriation and remains available
until expended.
$150,000 in fiscal year 2001 is for a
grant to the Center for Farm Financial
Management at the University of
Minnesota for purposes of a
comprehensive effort to develop
software and training materials to help
farmers improve their profitability
through sophisticated business
planning. The software and training
will complement existing FINPACK farm
management tools. No later than March
1, 2001, the center must report to the
agriculture policy and finance
committees of the senate and the house
of representatives on the software
development program. This is a
one-time appropriation and is available
until March 31, 2001.
$300,000 in fiscal year 2000 is to
establish an agricultural water quality
and quantity management, research,
demonstration, and education program.
Of this appropriation, $150,000 is for
projects at the Lamberton site and
$150,000 is for projects at the Waseca
site. The commissioner may contract
with the University of Minnesota or
other parties for the implementation of
parts of the program. This
appropriation is available until spent
and is a one-time appropriation.
$150,000 in fiscal year 2000 is for the
farm advocates program. This is a
one-time appropriation and is available
until June 30, 2001.
$170,000 in fiscal year 2001 is to
expand the concept of the Minnesota
grown pilot program under Laws 1998,
chapter 401, section 6. This is a
one-time appropriation.
$300,000 in fiscal year 2000 is for
grants to organizations participating
in the farm wrap network and the rural
help network. The grants may be used
for outreach services, legal and
accounting services, and informal
mediation support for farmers. This is
a one-time appropriation and is
available until June 30, 2001.
The appropriation for fiscal year 2001
in Laws 1999, chapter 231, section 11,
subdivision 2, for the dairy producers
board is canceled.
Sec. 6. BOARD OF ANIMAL HEALTH 245,000 -0-
$245,000 is for continued efforts to
control pseudorabies in swine. This
appropriation may be used to cover the
costs of pseudorabies monitoring,
vaccines, blood tests, and laboratory
fees. This is a one-time
appropriation, is in addition to the
appropriation in Laws 1999, chapter 45,
section 1, and is available until June
30, 2001.
Sec. 7. MINNESOTA RESOURCES
The availability of the appropriation
for the following project is extended
to June 30, 2002: Laws 1997, chapter
216, section 15, subdivision 4,
paragraph (c), clause (3), local
initiatives grants program. $250,000
is to provide matching funds for an
ISTEA grant and to provide acquisition
and engineering costs for a proposed
trail between the city of Pelican
Rapids and Maplewood state park.
The availability of the appropriation
for the following project is extended
to June 30, 2001: Laws 1997, chapter
216, section 15, subdivision 4,
paragraph (b), metropolitan regional
park system, for the portion related to
Hyland-Bush-Anderson Lake Park Reserve
development.
Sec. 8. Minnesota Statutes 1998, section 17.4988,
subdivision 2, is amended to read:
Subd. 2. [AQUATIC FARMING LICENSE.] (a) The annual fee for
an aquatic farming license is $275 $70.
(b) The aquatic farming license may contain endorsements
for the rights and privileges of the following licenses under
the game and fish laws. The endorsement must be made upon
payment of the license fee prescribed in section 97A.475 for the
following licenses:
(1) minnow dealer license;
(2) minnow retailer license for sale of minnows as bait;
(3) minnow exporting license;
(4) aquatic farm vehicle endorsement, which includes a
minnow dealer vehicle license, a minnow retailer vehicle
license, an exporting minnow vehicle license, and a fish vendor
license;
(5) sucker egg taking license; and
(6) game fish packers license.
Sec. 9. Minnesota Statutes 1998, section 17A.03,
subdivision 5, is amended to read:
Subd. 5. [LIVESTOCK.] "Livestock" means cattle, sheep,
swine, horses intended for slaughter, mules, farmed cervidae, as
defined in section 17.451, subdivision 2, llamas, as defined in
section 17.455, subdivision 2, ratitae, as defined in section
17.453, subdivision 3, buffalo, and goats.
Sec. 10. Minnesota Statutes 1998, section 18E.04,
subdivision 4, is amended to read:
Subd. 4. [REIMBURSEMENT PAYMENTS.] (a) The board shall pay
a person that is eligible for reimbursement or payment under
subdivisions 1, 2, and 3 from the agricultural chemical response
and reimbursement account for:
(1) 90 percent of the total reasonable and necessary
corrective action costs greater than $1,000 and less than or
equal to $100,000; and
(2) 100 percent of the total reasonable and necessary
corrective action costs greater than $100,000 but less than or
equal to $200,000;
(3) 80 percent of the total reasonable and necessary
corrective action costs greater than $200,000 but less than or
equal to $300,000; and
(4) 60 percent of the total reasonable and necessary
corrective action costs greater than $300,000 but less than or
equal to $350,000.
(b) A reimbursement or payment may not be made until the
board has determined that the costs are reasonable and are for a
reimbursement of the costs that were actually incurred.
(c) The board may make periodic payments or reimbursements
as corrective action costs are incurred upon receipt of invoices
for the corrective action costs.
(d) Money in the agricultural chemical response and
reimbursement account is appropriated to the commissioner to
make payments and reimbursements directed by the board under
this subdivision.
(e) The board may not make reimbursement greater than the
maximum allowed under paragraph (a) for all incidents on a
single site which:
(1) were not reported at the time of release but were
discovered and reported after July 1, 1989; and
(2) may have occurred prior to July 1, 1989, as determined
by the commissioner.
(f) The board may only reimburse an eligible person for
separate incidents within a single site if the commissioner
determines that each incident is completely separate and
distinct in respect of location within the single site or time
of occurrence.
Sec. 11. Minnesota Statutes 1998, section 41A.09,
subdivision 3a, is amended to read:
Subd. 3a. [PAYMENTS.] (a) The commissioner of agriculture
shall make cash payments to producers of ethanol, anhydrous
alcohol, and wet alcohol located in the state. These payments
shall apply only to ethanol, anhydrous alcohol, and wet alcohol
fermented in the state and produced at plants that have begun
production by June 30, 2000. For the purpose of this
subdivision, an entity that holds a controlling interest in more
than one ethanol plant is considered a single producer. The
amount of the payment for each producer's annual production is:
(1) except as provided in paragraph (b), for each gallon of
ethanol or anhydrous alcohol produced on or before June 30,
2000, or ten years after the start of production, whichever is
later, 20 cents per gallon; and
(2) for each gallon produced of wet alcohol on or before
June 30, 2000, or ten years after the start of production,
whichever is later, a payment in cents per gallon calculated by
the formula "alcohol purity in percent divided by five," and
rounded to the nearest cent per gallon, but not less than 11
cents per gallon.
The producer payments for anhydrous alcohol and wet alcohol
under this section may be paid to either the original producer
of anhydrous alcohol or wet alcohol or the secondary processor,
at the option of the original producer, but not to both.
No payments shall be made for production that occurs after
June 30, 2010.
(b) If the level of production at an ethanol plant
increases due to an increase in the production capacity of the
plant and the increased production begins by June 30, 2000, the
payment under paragraph (a), clause (1), applies to the
additional increment of production until ten years after the
increased production began. Once a plant's production capacity
reaches 15,000,000 gallons per year, no additional increment
will qualify for the payment.
(c) The commissioner shall make payments to producers of
ethanol or wet alcohol in the amount of 1.5 cents for each
kilowatt hour of electricity generated using closed-loop biomass
in a cogeneration facility at an ethanol plant located in the
state. Payments under this paragraph shall be made only for
electricity generated at cogeneration facilities that begin
operation by June 30, 2000. The payments apply to electricity
generated on or before the date ten years after the producer
first qualifies for payment under this paragraph. Total
payments under this paragraph in any fiscal year may not exceed
$750,000. For the purposes of this paragraph:
(1) "closed-loop biomass" means any organic material from a
plant that is planted for the purpose of being used to generate
electricity or for multiple purposes that include being used to
generate electricity; and
(2) "cogeneration" means the combined generation of:
(i) electrical or mechanical power; and
(ii) steam or forms of useful energy, such as heat, that
are used for industrial, commercial, heating, or cooling
purposes.
(d) Except for new production capacity approved under
paragraph (i), clause (1), the total Payments under paragraphs
(a) and (b) to all producers may not
exceed $34,000,000 $37,000,000 in a fiscal year. Total payments
under paragraphs (a) and (b) to a producer in a fiscal year may
not exceed $3,000,000.
(e) By the last day of October, January, April, and July,
each producer shall file a claim for payment for ethanol,
anhydrous alcohol, and wet alcohol production during the
preceding three calendar months. A producer with more than one
plant shall file a separate claim for each plant. A producer
shall file a separate claim for the original production capacity
of each plant and for each additional increment of production
that qualifies under paragraph (b). A producer that files a
claim under this subdivision shall include a statement of the
producer's total ethanol, anhydrous alcohol, and wet alcohol
production in Minnesota during the quarter covered by the claim,
including anhydrous alcohol and wet alcohol produced or received
from an outside source. A producer shall file a separate claim
for any amount claimed under paragraph (c). For each claim and
statement of total ethanol, anhydrous alcohol, and wet alcohol
production filed under this subdivision, the volume of ethanol,
anhydrous alcohol, and wet alcohol production or amounts of
electricity generated using closed-loop biomass must be examined
by an independent certified public accountant in accordance with
standards established by the American Institute of Certified
Public Accountants.
(f) Payments shall be made November 15, February 15, May
15, and August 15. A separate payment shall be made for each
claim filed. Except as provided in paragraph (j), the total
quarterly payment to a producer under this paragraph, excluding
amounts paid under paragraph (c), may not exceed
$750,000. Except for new production capacity approved under
paragraph (i), clause (1), if the total amount for which all
other producers are eligible in a quarter under paragraphs (a)
and (b) exceeds $8,500,000, the commissioner shall make payments
for production capacity that is subject to this restriction in
the order in which the portion of production capacity covered by
each claim went into production.
(g) If the total amount for which all producers are
eligible in a quarter under paragraph (c) exceeds the amount
available for payments, the commissioner shall make payments in
the order in which the plants covered by the claims began
generating electricity using closed-loop biomass.
(h) After July 1, 1997, new production capacity is only
eligible for payment under this subdivision if the commissioner
receives:
(1) an application for approval of the new production
capacity;
(2) an appropriate letter of long-term financial commitment
for construction of the new production capacity; and
(3) copies of all necessary permits for construction of the
new production capacity.
The commissioner may approve new production capacity based
on the order in which the applications are received.
(i) After April 22, 1998, the commissioner may only
approve: (1) up to 12,000,000 gallons of new production
capacity at one plant that has not previously received approval
or payment for any production capacity; or (2) new production
capacity at existing plants not to exceed planned expansions
reported to the commissioner by February 1997. The commissioner
may not approve any new production capacity after July 1, 1998,
except that a producer with an approved production capacity of
at least 12,000,000 gallons per year but less than 15,000,000
gallons per year prior to July 1, 1998, is approved for
15,000,000 gallons of production capacity.
(j) Notwithstanding the quarterly payment limits of
paragraph (f), the commissioner shall make an additional payment
in the eighth quarter of each fiscal biennium to ethanol
producers for the lesser of: (1) 20 cents per gallon of
production in the eighth quarter of the biennium that is greater
than 3,750,000 gallons; or (2) the total amount of payments lost
during the first seven quarters of the biennium due to plant
outages, repair, or major maintenance. Total payments to an
ethanol producer in a fiscal biennium, including any payment
under this paragraph, must not exceed the total amount the
producer is eligible to receive based on the producer's approved
production capacity. The provisions of this paragraph apply
only to production losses that occur in quarters beginning after
December 31, 1999.
(k) For the purposes of this subdivision "new production
capacity" means annual ethanol production capacity that was not
allowed under a permit issued by the pollution control agency
prior to July 1, 1997, or for which construction did not begin
prior to July 1, 1997.
Sec. 12. Minnesota Statutes 1998, section 41B.03,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY GENERALLY.] To be eligible for
a program in sections 41B.01 to 41B.23:
(1) a borrower must be a resident of Minnesota or a
domestic family farm corporation, as defined in section 500.24,
subdivision 2; and
(2) the borrower or one of the borrowers must be the
principal operator of the farm or, for a prospective homestead
redemption borrower, must have at one time been the principal
operator of a farm; and
(3) the borrower must not receive assistance under sections
41B.01 to 41B.23 exceeding an aggregate of $100,000 in loans
during the borrower's lifetime.
Sec. 13. Minnesota Statutes 1998, section 41B.03,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY FOR RESTRUCTURED LOAN.] In addition
to the eligibility requirements of subdivision 1, a prospective
borrower for a restructured loan must:
(1) have received at least 50 percent of average annual
gross income from farming for the past three years or, for
homesteaded property, received at least 40 percent of average
gross income from farming in the past three years, and farming
must be the principal occupation of the borrower;
(2) have a debt-to-asset ratio equal to or greater than 50
percent and in determining this ratio, the assets must be valued
at their current market value;
(3) have projected annual expenses, including operating
expenses, family living, and interest expenses after the
restructuring, that do not exceed 95 percent of the borrower's
projected annual income considering prior production history and
projected prices for farm production, except that the authority
may reduce the 95 percent requirement if it finds that other
significant factors in the loan application support the making
of the loan; and
(4) demonstrate substantial difficulty in meeting projected
annual expenses without restructuring the loan; and
(5) must have a total net worth, including assets and
liabilities of the borrower's spouse and dependents, of less
than $400,000 in 1999 and an amount in subsequent years which is
adjusted for inflation by multiplying $400,000 by the cumulative
inflation rate as determined by the United States All-Items
Consumer Price Index.
Sec. 14. Minnesota Statutes 1998, section 41B.039,
subdivision 2, is amended to read:
Subd. 2. [STATE PARTICIPATION.] The state may participate
in a new real estate loan with an eligible lender to a beginning
farmer to the extent of 45 percent of the principal amount of
the loan or $100,000 $125,000, whichever is less. The interest
rates and repayment terms of the authority's participation
interest may be different than the interest rates and repayment
terms of the lender's retained portion of the loan.
Sec. 15. Minnesota Statutes 1998, section 41B.04,
subdivision 8, is amended to read:
Subd. 8. [STATE'S PARTICIPATION.] With respect to loans
that are eligible for restructuring under sections 41B.01 to
41B.23 and upon acceptance by the authority, the authority shall
enter into a participation agreement or other financial
arrangement whereby it shall participate in a restructured loan
to the extent of 45 percent of the primary principal or
$100,000 $150,000, whichever is less. The authority's portion
of the loan must be protected during the authority's
participation by the first mortgage held by the eligible lender
to the extent of its participation in the loan.
Sec. 16. Minnesota Statutes 1998, section 41B.042,
subdivision 4, is amended to read:
Subd. 4. [PARTICIPATION LIMIT; INTEREST.] The authority
may participate in new seller-sponsored loans to the extent of
45 percent of the principal amount of the loan or
$100,000 $125,000, whichever is less. The interest rates and
repayment terms of the authority's participation interest may be
different than the interest rates and repayment terms of the
seller's retained portion of the loan.
Sec. 17. Minnesota Statutes 1998, section 41B.043,
subdivision 2, is amended to read:
Subd. 2. [SPECIFICATIONS.] No direct loan may exceed
$35,000 or $100,000 $125,000 for a loan participation or be made
to refinance an existing debt. Each direct loan and
participation must be secured by a mortgage on real property and
such other security as the authority may require.
Sec. 18. Minnesota Statutes 1998, section 41B.045,
subdivision 2, is amended to read:
Subd. 2. [LOAN PARTICIPATION.] The authority may
participate in a livestock expansion loan with an eligible
lender to a livestock farmer who meets the requirements of
section 41B.03, subdivision 1, clauses (1) and (2), and who are
actively engaged in a livestock operation. A prospective
borrower must have a total net worth, including assets and
liabilities of the borrower's spouse and dependents, of less
than $400,000 in 1999 and an amount in subsequent years which is
adjusted for inflation by multiplying $400,000 by the cumulative
inflation rate as determined by the United States All-Items
Consumer Price Index.
Participation is limited to 45 percent of the principal
amount of the loan or $250,000, whichever is less. The interest
rates and repayment terms of the authority's participation
interest may be different from the interest rates and repayment
terms of the lender's retained portion of the loan. Loans under
this program must not be included in the lifetime limitation
calculated under section 41B.03, subdivision 1.
Sec. 19. [41B.048] [AGROFORESTRY LOAN PROGRAM.]
Subdivision 1. [PURPOSE.] The purpose of the agroforestry
loan program is to provide low interest financing to farmers
during the growing period required to convert agricultural land
to agroforestry.
Subd. 2. [ESTABLISHMENT.] The authority shall establish
and implement an agroforestry loan program to help finance the
production of short rotation woody crops. The authority may
contract with a fiscal agent to provide an efficient delivery
system for this program.
Subd. 3. [RULES.] The authority may adopt rules necessary
for administration of the program established under subdivision
2.
Subd. 4. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "Fiscal agent" means any lending institution or other
organization of a for-profit or nonprofit nature that is in good
standing with the state of Minnesota that has the appropriate
business structure and trained personnel suitable to providing
efficient disbursement of loan funds and the servicing and
collection of loans over an extended period of time.
(c) "Growing cycle" means the number of years from planting
to harvest.
(d) "Harvest" means the day that the crop arrives at the
scale of the buyer of the crop.
(e) "Short rotation woody crops" or "crop" means hybrid
poplar and other woody plants that are harvested for their fiber
within 15 years of planting.
Subd. 5. [ELIGIBILITY.] To be eligible for this program a
borrower must:
(1) be a resident of Minnesota or any entity eligible to
own farm land under section 500.24;
(2) be or plan to become a grower of short rotation woody
crops on agricultural land that is suitable for the profitable
production of short rotation woody crops;
(3) be a member of a producer-owned cooperative that will
contract to market the short rotation woody crop to be planted
by the borrower;
(4) demonstrate an ability to repay the loan;
(5) not receive assistance under this program for more than
$150,000 in the producer's lifetime;
(6) agree to work with appropriate local, state, and
federal agencies, and the marketing cooperative, to develop an
acceptable establishment and maintenance plan;
(7) agree not to plant short-rotation woody crops within
one-quarter of a mile of state or federally protected prairie;
and
(8) meet any other requirements the authority may impose by
administrative procedure or by rule.
Subd. 6. [LOANS.] (a) The authority may disburse loans
through a fiscal agent to farmers and agricultural landowners
who are eligible under subdivision 5. The total accumulative
loan principal must not exceed $75,000 per loan.
(b) The fiscal agent may impose a loan origination fee in
the amount of one percent of the total approved loan. This fee
is to be paid by the borrower to the fiscal agent at the time of
loan closing.
(c) The loan may be disbursed over a period not to exceed
12 years.
(d) A borrower may receive loans, depending on the
availability of funds, for planted areas up to 160 acres for up
to:
(1) the total amount necessary for establishment of the
crop;
(2) the total amount of maintenance costs, including weed
control, during the first three years; and
(3) 70 percent of the estimated value of one year's growth
of the crop for years four through 12.
(e) Security for the loan must be the crop, a personal note
executed by the borrower, an interest in the land upon which the
crop is growing, and whatever other security is required by the
fiscal agent or the authority. All recording fees must be paid
by the borrower.
(f) The authority may prescribe forms and establish an
application process for applicants to apply for a loan.
(g) The authority may impose a reasonable nonrefundable
application fee for each application for a loan under this
program. The application fee is initially $50. Application
fees received by the authority must be deposited in the
agroforestry loan program revolving fund established in
subdivision 7.
(h) Loans under the program must be made using money in the
agroforestry loan program revolving fund established in
subdivision 7.
(i) The interest payable on loans made by the authority for
the agroforestry loan program must, if funded by revenue bond
proceeds, be at a rate not less than the rate on the revenue
bonds, and may be established at a higher rate necessary to pay
costs associated with the issuance of the revenue bonds and a
proportionate share of the cost of administering the program.
The interest payable on loans for the agroforestry loan program
funded from sources other than revenue bond proceeds must be at
a rate determined by the authority.
(j) Loan principal balance outstanding plus all assessed
interest must be repaid within 120 days of harvest, but no later
than 15 years from planting.
Subd. 7. [REVOLVING FUND.] There is established in the
state treasury an agroforestry loan program revolving fund that
is eligible to receive appropriations or the proceeds of bond
sales. All repayments of financial assistance granted under
subdivision 2, including principal and interest, must be
deposited into this fund. Interest earned on money in the fund
accrues to the fund, and money in the fund is appropriated to
the commissioner for purposes of the agroforestry loan program,
including costs incurred by the authority to establish and
administer the program.
Subd. 8. [REVENUE BONDS.] The authority may issue revenue
bonds to finance the agroforestry loan program in accordance
with sections 41B.08 to 41B.15, 41B.17, and 41B.18. Bonds may
be refunded by the issuance of refunding bonds in the manner
authorized by chapter 475.
Sec. 20. [BIG BOG STATE RECREATION AREA.]
Subdivision 1. [85.013] [Subd. 2c.] [BIG BOG STATE
RECREATION AREA, BELTRAMI COUNTY.] Big Bog state recreation area
is established in Beltrami county.
Subd. 2. [PURPOSE.] The Big Bog state recreation area is
created to expand and diversify regional recreational
opportunities and to enrich the cultural, biological, and
historical opportunities for visitors to an area of the state
that has suffered severe economic distress. The Big Bog
recreational area will also enhance public appreciation and
provide for the long-term protection of a unique ecosystem.
Subd. 3. [BOUNDARIES.] The following described lands are
located within the boundaries of Big Bog state recreation area,
all in Beltrami county:
(1) Government Lots 1, 2, and 3 of Section 8, Township 154
North, Range 30 West, EXCEPT a tract in Government Lot 3
beginning 100 feet North of the South boundary of Government Lot
3 on the east right-of-way line of State Trunk Highway 72;
thence northerly 200 feet along said trunk highway; thence East
to the westerly right-of-way line of old Trunk Highway 72;
thence southerly 200 feet along said right-of-way line; thence
westerly to the point of beginning;
(2) all of Sections 25, 26, and 27; the east Half, the
Northwest Quarter, and the North Half of the Southwest Quarter
of Section 34; the North Half and the Southwest Quarter of
Section 35; the North Half, the East Half of the Southwest
Quarter, the Southwest Quarter of the Southwest Quarter, the
West Half of the Southeast Quarter, and the Southeast Quarter of
the Southeast Quarter of Section 36, all in Township 156 North,
Range 31 West; and
(3) all of Sections 1 and 2; the East Half of Section 3;
the East Half, the Southeast Quarter of the Northwest Quarter,
the East Half of the Southwest Quarter, and the Southwest
Quarter of the Southwest Quarter of Section 10; and all of
Sections 11, 12, 13, 14, and 15, all in Township 155 North,
Range 31 West.
Subd. 4. [ADMINISTRATION.] The commissioner of natural
resources shall administer the area according to Minnesota
Statutes, section 86A.05, subdivision 3, subject to existing
rules and regulations for state recreation areas.
Subd. 5. [CONTINUED LEASE OF LAND IN BIG BOG STATE
RECREATION AREA.] Notwithstanding Minnesota Statutes, sections
85.011, 85.013, 85.053, and 86A.05, the commissioner of natural
resources may continue to lease, upon the terms and conditions
as the commissioner may prescribe and in the form approved by
the attorney general, land within the Big Bog state recreation
area that is included in lease number 144-15-109 to Waskish
township.
Sec. 21. [RED RIVER STATE RECREATION AREA.]
Subdivision 1. [85.013] [Subd. 20a.] [RED RIVER STATE
RECREATION AREA, POLK COUNTY.] The Red River state recreation
area is established in Polk county.
Subd. 2. [BOUNDARIES.] The following described lands are
located within the boundaries of the Red River state recreation
area, all in Polk county:
(1) Lots 3 to 14 of Block 2 including streets and alleys
adjacent thereto in Riverside Addition;
(2) Block 1 including streets and alleys adjacent thereto
in Surprenant's Addition;
(3) Lots 1 to 24 including streets and alleys adjacent
thereto in Grigg's Addition;
(4) Lots 2, 4, 6, 8, 10, and 12 of Block 1, Block 3, Lots 1
to 10 of Block 4, and Lots 1 to 12 in Blocks A and B including
streets and alleys adjacent thereto in Grand Forks East;
(5) Lots 1 to 5 of Block 1 and Blocks 2 to 14 including
streets and alleys adjacent thereto in Lake Park Addition;
(6) Lots 1 to 7 and Lots 19 to 24 of Block 2 including
streets and alleys adjacent thereto in E.B. Frederick's
Addition;
(7) Lots 1 to 3 of Block 1 and Blocks 2, 3, and 4 including
streets and alleys adjacent thereto in Budge's First Addition;
(8) Lots 1 to 4 of Block 1 including streets and alleys
adjacent thereto in River Heights 1st Addition;
(9) Blocks 1 and 2 including streets and alleys adjacent
thereto in Thompson's Addition;
(10) Lots 1 to 12 of Block 1, Lots 4 to 12 of Block 2,
Block 3, and Lots 1 to 4 of Block 4 in Edwards Outlots and
Outlots 4 to 8 including streets and alleys adjacent thereto in
Auditor's Plat of Outlots;
(11) Auditor's Plat of Mrs. Hines' Outlot;
(12) Lots 6, 8, 10, 12, 14, 16, 18, 20, 22, and 24 of Block
3 and Lots 1 to 8 of Block 2 including streets and alleys
adjacent thereto in the Original Townsite of East Grand Forks;
(13) Blocks 1 to 8 including streets and alleys adjacent
thereto in Woodland Addition;
(14) Lots 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, and 23 of
Block 31 and Blocks 32 to 38 including streets and alleys
adjacent thereto in Traill's Addition;
(15) Blocks 2 to 16 including streets and alleys adjacent
thereto in Elm Grove;
(16) Block 1, Lots 1 to 11 of Block 2, and Lots 1 to 11 of
Block 3 including streets and alleys adjacent thereto in O'Leary
and Ryan's Addition to Elm Grove;
(17) Lots 6 to 10 of Block 1, Lots 8 to 35 of Block 2,
Blocks 3, 4, and 5 including streets and alleys adjacent thereto
in Folson Park Addition;
(18) Lots 1 to 6 of Block 1 in Jerome's Addition;
(19) Lots 1 to 4 of Block 3 in Prestige Addition;
(20) Lots 1 to 14 of Block 1 in Riverview Addition;
(21) Lots 6 to 16 of Block 3 in Riverview 3rd Addition;
(22) Lots 1 to 4 of Block 1 in Riverview 4th Addition;
(23) Lots 1 and 2 of Block 1 in Riverview 5th Addition;
(24) Lots 1 to 9 of Block 1 and Outlot A in Riverview 6th
Addition;
(25) Lots 1 to 18 of Block 1 and Lots 1 to 5 of Block 2
including streets and alleys adjacent thereto in Timberline 2nd
Addition;
(26) Lots 14 to 16 of Block 1 including streets and alleys
adjacent thereto in Timberline Addition;
(27) Lots 19 and 20 including streets and alleys adjacent
thereto in Murphy's Outlots;
(28) Lots 1 to 10 of Block 1 including streets and alleys
thereto in Croy's 2nd Addition;
(29) Lots 1 to 6 of Block 1 including the streets and
alleys adjacent thereto in Point of Woods 2nd Addition;
(30) Lots 1 to 6 of Block 1 including the streets and
alleys adjacent thereto in Point of Woods Addition;
(31) the unplatted portions of Government Lots 1, 2, and 3
of Section 35, Township 152 North, Range 50 West;
(32) all of Government Lot 7, the unplatted portion of
Government Lot 9, and that part of Government Lots 6 and 8 and
the Southeast Quarter of the Southeast Quarter lying
southwesterly of the southwesterly right-of-way line of the
Burlington Northern and Santa Fe Railroad of Section 1, Township
151 North, Range 50 West;
(33) the unplatted portions of Government Lots 2, 3, 4, 5,
and 6 of Section 2, Township 151 North, Range 50 West;
(34) all of Government Lots 1 and 2 of Section 11, Township
151 North, Range 50 West;
(35) all of Government Lots 1, 7, and 11, the unplatted
portions of Government Lots 3, 5, 9, and 10, and the Northeast
Quarter of the Northwest Quarter of Section 12, Township 151
North, Range 50;
(36) all of Government Lots 1 and 2, the Southwest Quarter
of the Northwest Quarter, and the Northwest Quarter of the
Southwest Quarter of Section 13, Township 151 North, Range 50
West;
(37) all of Government Lots 1, 2, 3, and 4 of Section 14;
Township 151 North, Range 50 West;
(38) that part of Government Lot 7 lying southwesterly of
the southwesterly right-of-way line of the Burlington Northern
and Santa Fe Railroad of Section 6, Township 151 North, Range 49
West; and
(39) all of Government Lots 2, 6, 7, and 9, the Northwest
Quarter of the Northeast Quarter, the Northeast Quarter of the
Northeast Quarter, the unplatted portions of Government Lots 3
and 5, and that part of Government Lot 1 and the Northeast
Quarter of the Northwest Quarter lying southwesterly of the
southwesterly right-of-way line of the Burlington Northern and
Santa Fe Railroad of Section 7, Township 151 North, Range 49
West.
Subd. 3. [ADMINISTRATION.] The commissioner of natural
resources shall administer the area according to Minnesota
Statutes, section 86A.05, subdivision 3, subject to existing
rules and regulations for state recreation areas. The
commissioner shall appoint a citizens' oversight committee to
assist with developing and managing the area. The committee
shall serve without compensation and is exempt from Minnesota
Statutes, section 15.059.
Sec. 22. Minnesota Statutes 1998, section 85.015, is
amended by adding a subdivision to read:
Subd. 8a. [MILL TOWNS TRAIL.] (a) The trail shall
originate at a point commonly known as Faribault Junction in
Rice county, the termination point of the Sakatah Singing Hills
Trail, and shall extend through the towns of Faribault, Dundas,
Northfield, Waterford, and Randolph, to the termination point of
the Cannon Valley Trail in Cannon Falls. The trail may be
located within the Cannon river wild, scenic, and recreational
land use district.
(b) The trail shall be developed primarily for riding and
hiking. Motorized vehicles, except snowmobiles, are prohibited
from the trail.
Sec. 23. Minnesota Statutes 1998, section 85.34,
subdivision 1, is amended to read:
Subdivision 1. The commissioner of natural resources with
the approval of the Executive Council may lease for purposes of
restoration, preservation, historical, recreational,
educational, and commercial use and development, that portion of
Fort Snelling state park known as the upper bluff consisting of
officer's row and, area J, the polo grounds, the adjacent golf
course, and residential, storage and service all buildings and
improvements located thereon, all lying within an area bounded
by Minneapolis-St. Paul International Airport, trunk highway
highways numbered 5 and 55, Taylor avenue, Minnehaha avenue, and
Bloomington Road. The lease or leases shall be in a form
approved by the attorney general and for a term of not to exceed
99 years. The lease or leases may provide for the provision of
capital improvements or other performance by the tenant or
tenants in lieu of all or some of the payments of rent that
would otherwise be required.
Sec. 24. Minnesota Statutes 1998, section 85.34, is
amended by adding a subdivision to read:
Subd. 4. All receipts derived from the leasing or
operation of the property described in subdivision 1 shall be
deposited in the state treasury and be credited to the state
parks working capital account designated in section 85.22,
subdivision 1. Receipts and expenses from the leasing or
operation of the property described in subdivision 1 shall be
tracked separately within the account. Money in the account
derived from the leasing or operation of the property described
in subdivision 1 is annually appropriated for the payment of
expenses attributable to the leasing and operation of the
property described in subdivision 1, included but not limited to
the maintenance, repair, and rehabilitation of historic
buildings and landscapes. Any excess receipts in this account
are annually appropriated for historic preservation purposes
within state parks.
Sec. 25. Minnesota Statutes 1998, section 85.34, is
amended by adding a subdivision to read:
Subd. 5. The commissioner of natural resources may provide
an exception, in whole or in part, to the rules for use of state
parks and other recreational areas for property leased pursuant
to subdivision 1. The exception may be provided by
commissioner's order and shall be effective for the term of the
lease or such lesser period of time specified by the
commissioner.
Sec. 26. Minnesota Statutes 1998, section 97A.055,
subdivision 2, is amended to read:
Subd. 2. [RECEIPTS.] The state treasurer shall credit to
the game and fish fund all money received under the game and
fish laws including receipts from:
(1) licenses issued;
(2) fines and forfeited bail;
(3) sales of contraband, wild animals, and other property
under the control of the division;
(4) fees from advanced education courses for hunters and
trappers;
(5) reimbursements of expenditures by the division; and
(6) contributions to the division; and
(7) revenue credited to the game and fish fund under
section 297A.44, subdivision 1, paragraph (e), clause (1).
Sec. 27. Minnesota Statutes 1998, section 103E.011, is
amended by adding a subdivision to read:
Subd. 5. [USE OF EXTERNAL SOURCES OF
FUNDING.] Notwithstanding other provisions of this chapter, a
drainage authority may accept and use funds from sources other
than, or in addition to, those derived from assessments based on
the benefits of the drainage system for the purposes of wetland
preservation or restoration or creation of water quality
improvements or flood control. The sources of funding
authorized under this subdivision may also be used outside the
benefited area but must be within the watershed of the drainage
system.
Sec. 28. Minnesota Statutes 1999 Supplement, section
116.073, subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY TO ISSUE.] (a) Pollution control
agency staff designated by the commissioner and department of
natural resources conservation officers may issue citations to a
person who:
(1) disposes of solid waste as defined in section 116.06,
subdivision 22, at a location not authorized by law for the
disposal of solid waste without permission of the owner of the
property;
(2) fails to report or recover oil or hazardous substance
discharges as required under section 115.061; or
(3) fails to take discharge preventive or preparedness
measures required under chapter 115E.
(b) In addition, pollution control agency staff designated
by the commissioner may issue citations to owners and operators
of facilities dispensing petroleum products who violate sections
116.46 to 116.50 and Minnesota Rules, chapters 7150 and 7151 and
parts 7001.4200 to 7001.4300. The citations for violation of
sections 116.46 to 116.50 and Minnesota Rules, chapter 7150, may
be issued only after the owners and operators have had a 90-day
period to correct all the violations stated in a letter issued
previously by pollution control agency staff. A citation issued
under this subdivision must include a requirement that the
person cited remove and properly dispose of or otherwise manage
the waste or discharged oil or hazardous substance, reimburse
any government agency that has disposed of the waste or
discharged oil or hazardous substance and contaminated debris
for the reasonable costs of disposal, or correct any underground
storage tank violations.
(c) Until June 1, 2004, citations for violation of sections
115E.045 and 116.46 to 116.50 and Minnesota Rules, chapters 7150
and 7151, may be issued only after the owners and operators have
had a 90-day period to correct violations stated in writing by
pollution control agency staff, unless there is a discharge
associated with the violation or the violation is of Minnesota
Rules, part 7151.6400, subpart 1, item B, or 7151.6500.
Sec. 29. Minnesota Statutes 1998, section 297A.44,
subdivision 1, is amended to read:
Subdivision 1. (a) Except as provided in paragraphs (b) to
(d) (f), all revenues, including interest and penalties, derived
from the excise and use taxes imposed by sections 297A.01 to
297A.44 shall be deposited by the commissioner in the state
treasury and credited to the general fund.
(b) All excise and use taxes derived from sales and use of
property and services purchased for the construction and
operation of an agricultural resource project, from and after
the date on which a conditional commitment for a loan guaranty
for the project is made pursuant to section 41A.04, subdivision
3, shall be deposited in the Minnesota agricultural and economic
account in the special revenue fund. The commissioner of
finance shall certify to the commissioner the date on which the
project received the conditional commitment. The amount
deposited in the loan guaranty account shall be reduced by any
refunds and by the costs incurred by the department of revenue
to administer and enforce the assessment and collection of the
taxes.
(c) All revenues, including interest and penalties, derived
from the excise and use taxes imposed on sales and purchases
included in section 297A.01, subdivision 3, paragraphs (d) and
(k), clauses (1) and (2), must be deposited by the commissioner
in the state treasury, and credited as follows:
(1) first to the general obligation special tax bond debt
service account in each fiscal year the amount required by
section 16A.661, subdivision 3, paragraph (b); and
(2) after the requirements of clause (1) have been met, the
balance must be credited to the general fund.
(d) The revenues, including interest and penalties,
collected under section 297A.135, subdivision 5, shall be
deposited by the commissioner in the state treasury and credited
to the general fund. By July 15 of each year the commissioner
shall transfer to the highway user tax distribution fund an
amount equal to the excess fees collected under section
297A.135, subdivision 5, for the previous calendar year.
(e) For fiscal year 2001, 97 percent, and for fiscal year
2002 and thereafter, 87 percent of the revenues, including
interest and penalties, transmitted to the commissioner under
section 297A.259, must be deposited by the commissioner in the
state treasury as follows:
(1) 50 percent of the receipts must be deposited in the
heritage enhancement account in the game and fish fund, and may
be spent only on activities that improve, enhance, or protect
fish and wildlife resources, including conservation,
restoration, and enhancement of land, water, and other natural
resources of the state;
(2) 22.5 percent of the receipts must be deposited in the
natural resources fund, and may be spent only for state parks
and trails;
(3) 22.5 percent of the receipts must be deposited in the
natural resources fund, and may be spent only on metropolitan
park and trail grants;
(4) three percent of the receipts must be deposited in the
natural resources fund, and may be spent only on local trail
grants; and
(5) two percent of the receipts must be deposited in the
natural resources fund, and may be spent only for the Minnesota
zoological garden, the Como park zoo and conservatory, and the
Duluth zoo.
(f) The revenue dedicated under paragraph (e) may not be
used as a substitute for traditional sources of funding for the
purposes specified, but the dedicated revenue shall supplement
traditional sources of funding for those purposes. Land
acquired with money deposited in the game and fish fund under
paragraph (e) must be open to public hunting and fishing during
the open season. At least 87 percent of the money deposited in
the game and fish fund for improvement, enhancement, or
protection of fish and wildlife resources under paragraph (e)
must be allocated for field operations.
Sec. 30. Minnesota Statutes 1998, section 383B.235, is
amended by adding a subdivision to read:
Subd. 3. [EXISTING FACILITY MAY USE
CAPACITY.] Notwithstanding subdivisions 1 and 2, an existing
resource recovery facility may reclaim, burn, use, process, or
dispose of mixed municipal solid waste to the full extent of its
maximum yearly capacity as of January 1, 2000. The facility
must continue to comply with all federal and state environmental
laws and regulations and must obtain a conditional use permit
from the municipality where the facility is located.
Sec. 31. Laws 1998, chapter 389, article 16, section 31,
subdivision 2, as amended by Laws 1999, chapter 180, section 1,
is amended to read:
Subd. 2. [EXCHANGE OF COUNTY LAKESHORE LAND FOR LEASED
LAKESHORE LOTS.] (a) For the purposes of this section:
(1) "county land" includes, but is not limited to,
tax-forfeited land administered by any county;
(2) "leased lakeshore lots" means lands leased by the
state, including lots for which leases have been canceled,
pursuant to Minnesota Statutes, section 92.46, subdivision 1;
and
(3) "plan for exchange" means a listing of parcels proposed
for exchange with legal descriptions, county estimates of
values, and maps and acreage for each parcel. By July 1, 1999,
counties shall include exchange plans for all lakeshore lease
lots that are in substantial compliance with official controls.
The plan shall also include a timeline that provides for the
completion of the exchange of all remaining lakeshore lease lots
by December 31, 2000.
(b) By July 1, 1999, a county board with leased lakeshore
lots must petition the land exchange board with a plan for an
exchange of county land for leased lakeshore lots in the county
that are not listed by the commissioner pursuant to subdivision
1. Notwithstanding Minnesota Statutes, section 94.342, the land
proposed for the exchange must be land bordering on or adjacent
to meandered or other public waters. A county board proposing
an exchange under this section may include tax-forfeited land
administered by another county in the proposal with the consent
of that county board.
(c) In determining the value of the leased lakeshore lots
for purposes of the exchange, the land exchange board must
review an appraisal of each lot prepared by an appraiser
licensed by the commissioner of commerce. The selection of the
appraiser must be agreed to by the commissioner of natural
resources and the county board of the county containing the
leased lakeshore lot. The commissioner of natural resources
must pay the costs of appraisal and may recover these costs as
provided in this section. The commissioner must submit
appraisals under this paragraph to the land exchange board by
June 1, 1999.
(d) The land exchange board must determine whether the land
offered for exchange by a county under this section is lakeshore
of substantially equal value to the leased lakeshore lots
included in the county's petition. In making this
determination, the land exchange board must review an appraisal
of the land offered for exchange prepared by an appraiser
licensed by the commissioner of commerce. The selection of the
appraiser must be agreed to by the commissioner of natural
resources and the county board of the county containing the
leased lakeshore lots. The county must pay the costs of this
appraisal and may recover those costs as provided in this
section.
(e) Before the proposed exchange may be submitted to the
land exchange board, the commissioner of natural resources must
ensure that, whenever possible, state lands are added to the
leased lakeshore lots when necessary to provide conformance with
zoning official controls. The lands added to the leased
lakeshore lots must be included in the appraised value of the
lots. If the commissioner is unable to add the necessary land
to a lot, the lot shall be treated as if purchased at the time
the state first leased the site, for the purposes of local
zoning and other ordinances at the time of sale of the lot by
the county.
(f) Additional state or county lands, including state
riparian land leased for a commercial use, may be added to the
exchanges if mutually agreed upon by the commissioner and the
affected county board to meet county zoning standards or other
regulatory needs for the lots, for use of the land by the county
or state, or to avoid leaving unmanageable parcels of land in
state or county ownership after an exchange, or to dispose of
state commercial riparian leases. The additional county land
may include nonriparian land, if the land is adjacent to county
land exchanged under this section and is beneficial to or
enhances the value of the school trust land. Notwithstanding
Minnesota Statutes, chapter 282, or any other law to the
contrary, a county board may sell all or part of any additional
land to an owner of a lakeshore lot sold by the county under
this section, or sold by the state at a lakeshore lot sale, or
to the lessee of a commercial lease.
(g) In the event that commercial leased state land is
proposed for exchange, the state and county must submit to the
land exchange board prior to exchanges, without regard to the
dates provided in this section, the reports, appraisals, and
plan for exchange required by this section. The county is not
required to sell the commercially leased lands it receives from
the state within the times stated in this section.
(h) The land exchange board must determine whether the lots
are of substantially equal value and may approve the exchange,
notwithstanding the requirements of Minnesota Statutes, sections
94.342 to 94.347, relating to the approval process. If the
board approves the exchange, the commissioner must exchange the
leased lakeshore lots for the county lands, together with any
additional state land provided for under this section, subject
to the requirements of the Minnesota Constitution, article XI,
section 10, relating to the reservation of mineral and water
power rights.
(i) The deeds between the state and counties for land
exchanges under this section are exempt from the deed tax
imposed by Minnesota Statutes, section 287.21.
(j) The deeds issued by the state and counties for the land
exchanges and sales to a lessee made pursuant to this section
are exempt from the requirements imposed for well disclosure by
Minnesota Statutes, section 103I.235, well sealing by Minnesota
Statutes, section 103I.311, and individual sewage treatment
system disclosure by Minnesota Statutes, section 115.55,
subdivision 6.
Sec. 32. Laws 1998, chapter 404, section 7, subdivision
23, as amended by Laws 1999, chapter 231, section 194, and Laws
1999, chapter 240, article 1, section 20, is amended to read:
Subd. 23. Metro Regional Trails 5,000,000
For grants to the metropolitan council
for acquisition and development of a
capital nature of trail connections in
the metropolitan area as specified in
this subdivision. The purpose of the
grants is to improve trails in the
metropolitan park and open space system
and connect them with existing state
and regional trails. Priority shall be
given to matching funds for an ISTEA
grant.
The funds shall be allocated by the
council as follows:
(1) $1,050,000 is allocated to Ramsey
county as follows:
(i) $400,000 to complete six miles of
trails between the Burlington Northern
Regional Trail and Bald Eagle-Otter
Lake Regional Park;
(ii) $150,000 to complete a one-mile
connection between Birch Lake and the
Lake Tamarack segment of Bald
Eagle-Otter Lake Regional Park;
(iii) $500,000 to acquire real property
and design and construct or renovate
recreation facilities along the
Mississippi River in cooperation with
the city of St. Paul;
(2) $1,050,000 is allocated to the city
of St. Paul as follows:
(i) $250,000 to construct a bridge over
Lexington Parkway in Como Regional
Park; and
(ii) $800,000 to enhance amenities for
the trailhead at the Lilydale-Harriet
Island Regional Park pavilion;
(3) $1,400,000 is allocated to Anoka
county to construct:
(i) a pedestrian tunnel under Highway
65 on the Rice Creek West Regional
Trail in the city of Fridley; and
(ii) restrooms, trailhead, signs, and
amenities at the trailhead to the Rice
Creek West Regional Trail; and
(iii) a pedestrian bridge on the
Mississippi River Regional Trail
crossing over Mississippi Street in the
city of Fridley; and
(4) $1,500,000 is allocated to the
suburban Hennepin regional park
district as follows:
(i) $1,000,000 to connect North
Hennepin Regional Trail to Luce Line
State Trail and Medicine Lake; and
(ii) $500,000 is for the cost of
development and acquisition of the
Southwest regional trail in the city of
St. Louis Park. The trail must connect
the Minneapolis regional trail system
at Cedar Lake park to the Hennepin
parks regional trail system at the
Hopkins trail head.
Sec. 33. Laws 1999, chapter 231, section 2, subdivision 2,
is amended to read:
Subd. 2. Protection of the Water
15,984,000 16,008,000
Summary by Fund
General 13,074,000 13,283,000 12,983,000
State Government
Special Revenue 44,000 45,000
Environmental 2,616,000 2,680,000 2,980,000
Petroleum tank 250,000 -0-
$2,348,000 the first year and
$2,348,000 the second year are for
grants to local units of government for
the clean water partnership program.
The amount of this appropriation above
the base is for Phase II implementation
projects. Any unencumbered balance
remaining in the first year does not
cancel and is available for the second
year of the biennium.
$1,470,000 the first year and
$1,841,000 the second year are for
grants for county administration of the
feedlot permit program. These amounts
are transferred to the board of water
and soil resources for disbursement in
accordance with Minnesota Statutes,
section 103B.3369, in cooperation with
the pollution control agency. Grants
must be matched with a combination of
local cash and/or in-kind
contributions. Counties receiving
these grants shall submit an annual
report to the pollution control agency
regarding activities conducted under
the grant, expenditures made, and local
match contributions. First priority
for funding shall be given to counties
that have requested and received
delegation from the pollution control
agency for processing of animal feedlot
permit applications under Minnesota
Statutes, section 116.07, subdivision
7. Delegated counties shall be
eligible to receive a grant of either:
$50 multiplied by the number of
livestock or poultry farms with sales
greater than $10,000, as reported in
the 1997 Census of Agriculture,
published by the United States Bureau
of Census; or $80 multiplied by the
number of feedlots with greater than
ten animal units as determined by a
level 2 or level 3 feedlot inventory
conducted in accordance with the
Feedlot Inventory Guidebook published
by the board of water and soil
resources, dated June 1991. To receive
the additional funding that is based on
the county feedlot inventory, the
county shall submit a copy of the
inventory to the pollution control
agency. Any remaining money is for
distribution to all counties on a
competitive basis through the challenge
grant process for the conducting of
feedlot inventories, development of
delegated county feedlot programs, and
for information and education or
technical assistance efforts to reduce
feedlot-related pollution hazards. Any
money remaining after the first year is
available for the second year.
$94,000 the first year and $97,000 the
second year are for compliance
activities and air quality monitoring
to address hydrogen sulfide emissions
from animal feedlots. The air quality
monitoring must include the use of
portable survey instruments.
$1,043,000 the first year and
$1,048,000 the second year are for
water monitoring activities.
$320,000 the first year and $322,000
the second year are for community
technical assistance and education,
including grants and technical
assistance to communities for local and
basin-wide water quality protection.
$201,000 the first year and $202,000
the second year are for individual
sewage treatment system (ISTS)
administration. Of this amount, $86,000
in each year is transferred to the
board of water and soil resources for
assistance to local units of government
through competitive grant programs for
ISTS program development.
$200,000 in each year is for individual
sewage treatment system grants. Any
unexpended balance in the first year
does not cancel, but is available in
the second year.
$250,000 the first year and $500,000
the second year are for studies to
determine total maximum daily load
allocations to improve water quality.
$300,000 each the first year is from
the general fund and $300,000 the
second year from the environmental fund
are for continuing research on
malformed frogs. This is a one-time
appropriation.
$126,000 is for administration of the
wastewater infrastructure fund (WIF)
construction program. This is a
one-time appropriation.
$250,000 the first year,
notwithstanding Minnesota Statutes,
section 115C.08, subdivision 4, is from
the petroleum tank release fund for the
following purposes: (1) to purchase
and distribute emergency spill response
equipment, such as spill containment
booms, sorbent pads, and installation
tools, along the Mississippi river
upstream of drinking water intakes at
the locations designated by the agency
in consultation with the Mississippi
River Defense Network; (2) to purchase
mobile trailers to contain the
equipment in clause (1) so that rapid
deployment can occur; and (3) to
conduct spill response training for
those groups of responders receiving
the spill response equipment described
in clause (1). The agency shall
develop and administer protocol for the
use of the equipment among all
potential users, including private
contract firms, public response
agencies, and units of government. Any
money remaining after the first year is
available for the second year. This is
a one-time appropriation.
$100,000 for the biennium is for a
grant to the city of Garrison for the
Garrison, Kathio, West Mille Lacs Lake
Sanitary District for the cost of
environmental studies, planning, and
legal assistance for sewage treatment
purposes. This is a one-time
appropriation.
Until July 1, 2001, the agency shall
not approve additional fees on animal
feedlot operations.
Sec. 34. Laws 1999, chapter 231, section 6, as amended by
Laws 1999, chapter 249, section 10, is amended to read:
Sec. 6. BOARD OF WATER AND
SOIL RESOURCES 18,896,000 18,228,000
$5,480,000 the first year and
$5,480,000 the second year are for
natural resources block grants to local
governments. Of this amount, $50,000
each year is for a grant to the North
Shore Management Board, $35,000 each
year is for a grant to the St. Louis
River Board, $100,000 each year is for
a grant to the Minnesota River Basin
Joint Powers Board, and $27,000 each
year is for a grant to the Southeast
Minnesota Resources Board.
The board shall reduce the amount of
the natural resource block grant to a
county by an amount equal to any
reduction in the county's general
services allocation to a soil and water
conservation district from the county's
1998 allocation.
Grants must be matched with a
combination of local cash or in-kind
contributions. The base grant portion
related to water planning must be
matched by an amount that would be
raised by a levy under Minnesota
Statutes, section 103B.3369.
$3,867,000 the first year and
$3,867,000 the second year are for
grants to soil and water conservation
districts for general purposes,
nonpoint engineering, and for
implementation of the RIM conservation
reserve program. Upon approval of the
board, expenditures may be made from
these appropriations for supplies and
services benefiting soil and water
conservation districts.
$4,120,000 the first year and
$4,120,000 the second year are for
grants to soil and water conservation
districts for cost-sharing contracts
for erosion control and water quality
management. Of this amount, $32,000
the first year is and up to $90,000 the
second year are for a grant grants to
the Blue Earth county soil and water
conservation districts for stream bank
stabilization on the LeSueur river
within the city limits of St. Clair;
and at least $1,500,000 the first year
and $1,500,000 the second year are for
state cost-share grants for
cost-sharing contracts for water
quality management on feedlots.
Priority must be given to feedlot
operators who have received notices of
violation and for feedlots in counties
that are conducting or have completed a
level 2 or level 3 feedlot inventory.
This appropriation is available until
expended. If the appropriation in
either year is insufficient, the
appropriation in the other year is
available for it.
$100,000 the first year and $100,000
the second year are for a grant to the
Red river basin board to develop a Red
river basin water management plan and
to coordinate water management
activities in the states and provinces
bordering the Red river. This
appropriation is only available to the
extent it is matched by a proportionate
amount in United States currency from
the states of North Dakota and South
Dakota and the province of Manitoba.
The unencumbered balance in the first
year does not cancel but is available
for the second year. This is a
one-time appropriation.
$189,000 the first year and $189,000
the second year are for grants to
watershed districts and other local
units of government in the southern
Minnesota river basin study area 2 for
floodplain management. If the
appropriation in either year is
insufficient, the appropriation in the
other year is available for it.
$1,203,000 the first year and $450,000
the second year are for the
administrative costs of easement and
grant programs.
Any unencumbered balance in the board's
program of grants does not cancel at
the end of the first year and is
available for the second year for the
same grant program. If the
appropriation in either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 35. Laws 1999, chapter 231, section 11, subdivision
3, is amended to read:
Subd. 3. Agricultural Marketing and Development
6,521,000 5,410,000
Notwithstanding Minnesota Statutes,
section 41A.09, subdivision 3a, the
total payments from the ethanol
development account to all producers
may not exceed $68,447,000 $72,106,000
for the biennium ending June 30, 2001.
If, prior to the end of the biennium,
the total amount for which all
producers are eligible in a quarter
exceeds the amount available for
payments remaining in the
appropriation, the commissioner shall
make the payments for the quarter in
which the shortfall occurs on a pro
rata basis. In fiscal year 2000, the
commissioner shall first reimburse
producers for eligible unpaid claims
accumulated through June 30, 1999.
$500,000 the first year is appropriated
to the rural finance authority for
making a loan under Minnesota Statutes,
section 41B.044. Principal and
interest payments on the loan must be
deposited in the ethanol development
account for producer payments under
Minnesota Statutes, section
41B.09 general fund.
By July 15, 1999, the commissioner
shall transfer the unencumbered cash
balance in the ethanol development fund
established in Minnesota Statutes,
section 41B.044, to the general fund.
$200,000 the first year is for a grant
from the commissioner to the Minnesota
Turkey Growers Association for
assistance to an entity that constructs
a facility that uses poultry litter as
a fuel for the generation of
electricity. This amount must be
matched by $1 of nonstate money for
each dollar of state money. This is a
one-time appropriation.
$50,000 the first year is for the
commissioner, in consultation with the
commissioner of economic development,
to conduct a study of the need for a
commercial shipping port at which
agricultural cooperatives or individual
farmers would have access to port
facilities. This is a one-time
appropriation.
$71,000 the first year and $71,000 the
second year are for transfer to the
Minnesota grown matching account and
may be used as grants for Minnesota
grown promotion under Minnesota
Statutes, section 17.109.
$100,000 the first year is for a grant
to the University of Minnesota
extension service for its farm safety
and health program. This is a one-time
appropriation.
$225,000 the first year and $75,000 the
second year are for grants to the
Minnesota agricultural education
leadership council for the planning and
implementation of initiatives enhancing
and expanding agricultural education in
rural and urban areas of the state.
Funds not used in the first year are
available for the second year. This is
a one-time appropriation.
$480,000 the first year and $420,000
the second year are to the commissioner
of agriculture for programs to
aggressively promote, develop, expand,
and enhance the marketing of
agricultural products from Minnesota
producers and processors. The
commissioner must enter into
collaborative efforts with the
department of trade and economic
development, the world trade center
corporation, and other public or
private entities knowledgeable in
market identification and development.
The commissioner may also contract with
or make grants to public or private
organizations involved in efforts to
enhance communication between producers
and markets and organizations that
identify, develop, and promote the
marketing of Minnesota agricultural
crops, livestock, and produce in local,
regional, national, and international
marketplaces. Grants may be provided
to appropriate organizations including
those functioning as marketing clubs,
to a cooperative known as Minnesota
Marketplace, and to recognized
associations of producers or processors
of organic foods or Minnesota grown
specialty crops. Beginning October 15,
1999, and 15 days after the close of
each calendar quarter thereafter, the
commissioner shall provide to the
senate and house committees with
jurisdiction over agriculture policy
and funding interim reports of the
progress toward accomplishing the goals
of this item. The commissioner shall
deliver a final report on March 1,
2001. If the appropriation for either
year is insufficient, the appropriation
for the other year is available. This
is a one-time appropriation that
remains available until expended.
$60,000 the second year is for grants
to farmers for demonstration projects
involving sustainable agriculture. If
a project cost is more than $25,000,
the amount above $25,000 must be
matched at the rate of one state dollar
for each dollar of nonstate money.
Priorities must be given for projects
involving multiple parties. Up to
$20,000 each year may be used for
dissemination of information about the
demonstration grant projects. If the
appropriation for either year is
insufficient, the appropriation for the
other is available.
$160,000 each year is for value-added
agricultural product processing and
marketing grants under Minnesota
Statutes, section 17.101, subdivision 5.
$450,000 the first year and $300,000
the second year are for continued
research of solutions and alternatives
for manure management and odor
control. This is a one-time
appropriation.
$50,000 the first year and $50,000 the
second year are for annual cost-share
payments to resident farmers for the
costs of organic certification. The
annual cost-share payments per farmer
shall be two-thirds of the cost of the
certification or $200, whichever is
less. A certified farmer is eligible
to receive annual certification
cost-share payments for up to five
years. $15,000 each year is for
organic market and program
development. This appropriation is
available until expended.
$30,000 the first year is to assess
producer production contracts under
section 205. This appropriation is
available until June 30, 2001.
Sec. 36. Laws 1999, chapter 231, section 14, is amended to
read:
Sec. 14. AGRICULTURAL UTILIZATION
RESEARCH INSTITUTE 3,830,000 4,330,000
Summary by Fund
General 3,630,000 4,130,000
Special Revenue Agricultural 200,000 200,000
The agricultural utilization research
institute must collaborate with the
commissioner of agriculture on issues
of market development and technology
transfer.
$200,000 the first year and $200,000
the second year are for hybrid tree
management research and development of
an implementation plan for establishing
hybrid tree plantations in the state.
This appropriation is available to the
extent matched by $2 of nonstate
contributions, either cash or in kind,
for each $1 of state money.
Sec. 37. [AGRICULTURAL STORAGE TANK REMOVAL;
REIMBURSEMENT.]
Subdivision 1. [DEFINITION.] As used in this section,
"agricultural storage tank" means an underground petroleum
storage tank with a capacity of more than 1,100 gallons that has
been registered with the pollution control agency by January 1,
2000, and is located on a farm where the contents of the tank
are used by the tank owner or operator predominantly for farming
purposes and are not commercially distributed.
Subd. 2. [REIMBURSEMENT.] Notwithstanding Minnesota
Statutes, section 115C.09, subdivision 1, paragraph (b), clause
(1), and pursuant to the remaining provisions of Minnesota
Statutes, chapter 115C, the petroleum tank release compensation
board shall reimburse an owner or operator of an agricultural
storage tank for 90 percent of the total reimbursable cost of
removal project costs incurred for the tank prior to January 1,
2001, including, but not limited to, tank removal, closure in
place, backfill, resurfacing, and utility restoration costs,
regardless of whether a release has occurred at the site.
Notwithstanding Minnesota Statutes, section 115C.09, subdivision
3, the board may not reimburse an eligible applicant under this
section for more than $7,500 of costs per tank.
Sec. 38. [SMALL GASOLINE STORAGE TANK REMOVAL;
REIMBURSEMENT.]
Until June 30, 2001, the petroleum tank release
compensation board may reimburse a tank owner from the petroleum
tank release cleanup fund for 95 percent of the costs identified
in Minnesota Statutes 1998, section 115C.09, subdivision 3f,
paragraph (c), if the tank owner:
(1) owned two locations in the state, and no locations in
any other state, where motor fuel was dispensed to the public
into motor vehicles, watercraft, or aircraft and dispensed motor
fuel at that location;
(2) operated the tanks simultaneously for six months or
less in 1995; and
(3) dispensed less than 200,000 gallons at both locations.
Sec. 39. [MINNEAPOLIS LEASE.]
A lease to the Minneapolis park and recreation board
entered into prior to or after the effective date of this
section pursuant to Laws 1999, chapter 231, section 5,
subdivision 5, shall be subject to Minnesota Statutes, section
85.34, except as provided in this section. The approval of the
executive council shall not be required for the lease or the
issuance of a liquor license. Only the operating costs, as
defined in the lease, to be paid by the Minneapolis park and
recreation board to the state shall be credited to the state
parks working capital account. All base rent and percentage of
gross sales to be paid by the Minneapolis park and recreation
board to the state shall be credited to the general fund. A
lease of any portion of officer's row or area J may include a
charge to be paid by the tenant for repayment of a portion of
the costs incurred by the Minneapolis park and recreation board
for the installation of a new water line on the upper bluff.
The total amount to be repaid to the Minneapolis park and
recreation board by tenants of officer's row and area J shall
not exceed $450,000.
Sec. 40. [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] For the purposes of
sections 40 to 43, the terms in this section have the meanings
given.
Subd. 2. [AGRICULTURAL LAND.] "Agricultural land" means
land that is:
(1) composed of class I, II, or III land as identified in
the land capability classification system of the United States
Department of Agriculture; or
(2) similar to land described under a land classification
system selected by the board of water and soil resources.
Subd. 3. [BOARD.] "Board" means the board of water and
soil resources.
Subd. 4. [SHORT ROTATION WOODY CROPS.] "Short rotation
woody crops" means hybrid poplar and other woody plants that are
harvested for their fiber within 15 years of planting.
Subd. 5. [WINDBREAK.] "Windbreak" means a strip or belt of
trees, shrubs, or grass barriers designed and located to reduce
snow deposition on highways, improve wildlife habitat or control
soil erosion.
Sec. 41. [ELIGIBILITY TERMS.]
(a) Agricultural land eligible for the board's program
under section 42 must not exceed 160 acres for individual
landowners.
(b) Agricultural land eligible for payment in fiscal year
2000 must have been in a county under presidential disaster
declaration in either 1998 or 1999. In fiscal years 2001 and
thereafter, payment is available for eligible agricultural land
in any county under a presidential disaster declaration related
to agriculture.
(c) Eligible land may be set aside for payment under
section 42 for a period of three years.
(d) At least five percent of an individual's acreage set
aside for payments under this program must be planted with short
rotation woody crops or windbreaks. Short rotation woody crops
and windbreaks may not be planted within one-quarter of a mile
of a state or federally protected prairie. Plantings on each
acre may be consistent with an organic farming plan developed
under the supervision of an approved organic certification
organization and must be in compliance with a conservation plan
approved by the local soil and water conservation district and
seeded to a vegetative cover at the earliest practicable time.
(e) Land enrolled in the federal conservation reserve
program under Public Law Number 99-198, as amended, is not
eligible for enrollment under sections 40 to 43.
Sec. 42. [PAYMENTS.]
To the extent appropriated money is available for this
purpose, annual payments for eligible land under section 41 that
is set aside by the board must be based on the soil rental rates
established under the federal conservation reserve program
contained in Public Law Number 99-198. An additional annual
payment of $5 per acre may be paid for acreage maintenance.
Payments for conservation plan implementation must be
consistent with Minnesota Statutes, section 103C.501.
Sec. 43. [ADMINISTRATION.]
The land payment program in sections 41 and 42 must be
administered by soil and water conservation districts under
guidelines and grants by the board.
Sec. 44. [REPEALER.]
Section 20 of H.F. No. 3046 of the 2000 regular session, if
enacted, is repealed.
Sec. 45. [EFFECTIVE DATE.]
Section 10 is effective the day following final enactment
and applies to claims for corrective action costs incurred after
that date. Sections 11 and 35 are effective retroactive to July
1, 1999. The remainder of this article is effective the day
following final enactment.
ARTICLE 4
APPROPRIATIONS
Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another fund named, to
the agencies and for the purposes specified in this article, to
be available for the fiscal years indicated for each purpose.
The figures "2000" and "2001" where used in this article, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 2000, or June 30, 2001,
respectively.
APPROPRIATIONS
Available for the Year
Ending June 30
2000 2001
Sec. 2. SUPREME COURT -0- 4,000
$4,000 is a one-time appropriation to
conduct a one-half day judicial seminar
on parenting plans.
Sec. 3. COURT OF APPEALS -0- 200,000
$200,000 is to restore legal/judicial
support services.
Sec. 4. DISTRICT COURT -0- 2,879,000
$2,670,000 is to reduce judge unit
vacancies and restore judicial branch
infrastructure funding. The salaries
for judges that may be paid from this
appropriation are only those approved
by Laws 1997, Second Special Session
chapter 3, section 16.
$130,000 is a one-time appropriation to
continue the community court in the
second judicial district.
$79,000 is a one-time appropriation for
extraordinary prosecution costs in
Carlton county.
Sec. 5. PUBLIC SAFETY
Subdivision 1. Total
Appropriation 3,813,000 2,711,000
Summary by Fund
General 3,813,000 825,000
Special Revenue -0- 1,886,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Driver and Vehicle
Services
-0- 20,000
$20,000 is a one-time appropriation for
costs related to the recodification of
the driving while impaired laws, if
S.F. No. 2677 is enacted.
Subd. 3. Emergency Management
3,813,000 -0-
$3,813,000 is for the state match of
federal disaster assistance money under
Minnesota Statutes, section 12.221.
This appropriation is available to fund
state obligations incurred through the
receipt of federal disaster assistance
grants and is added to the
appropriation in Laws 1999, chapter
216, article 1, section 7, subdivision
2.
Subd. 4. Criminal Apprehension
-0- 225,000
$200,000 is a one-time appropriation
for overtime costs.
$25,000 is a one-time appropriation to
develop and conduct the court security
training program described in article
5, section 10.
Subd. 5. Law Enforcement and
Community Grants
Summary by Fund
General -0- 430,000
Special Revenue -0- 1,886,000
$150,000 is a one-time appropriation
for juvenile prostitution law
enforcement and officer training grants
under Minnesota Statutes, section
299A.71.
$250,000 is a one-time appropriation
for a grant to the Ramsey county
attorney's office to establish and fund
the joint domestic abuse prosecution
unit described in article 6, section 10.
$30,000 is a one-time appropriation for
grants under Minnesota Statutes,
section 299A.62, to local law
enforcement agencies or regional jails
for the purchase of dogs trained to
detect or locate controlled substances
by scent. Grants are limited to one
dog per agency. Local law enforcement
agencies that previously received a
grant under Laws 1999, chapter 216,
article 1, section 7, subdivision 6,
are ineligible for a grant. * (The
preceding text beginning "$30,000 is a
one-time appropriation" was indicated
as vetoed by the governor.
$1,886,000 is for the automobile theft
prevention program described in
Minnesota Statutes, section 299A.75.
This is a one-time appropriation from
the automobile theft prevention account
in the special revenue fund. The
commissioner may not spend any money
the commissioner receives from
surcharges in fiscal year 2001, in
excess of this appropriation unless the
legislature approves of the spending.
Subd. 6. Drug Policy and
Violence Prevention
-0- 150,000
$150,000 is a one-time appropriation
for distribution as matching funds to
counties participating in
multijurisdictional narcotics task
forces that receive federal Byrne grant
funds. These matching funds are
available statewide to any county
currently participating in a task
force, any county seeking to join an
existing task force, and any county
starting its own task force. These
matching funds may be used to enhance
enforcement of drug laws by training
and educating law enforcement personnel
and other interested members of the
community.
Sec. 6. CENTER FOR
CRIME VICTIM SERVICES -0- 1,240,000
$1,200,000 is a one-time appropriation
for per diem payments for battered
women shelter facilities incurred
during the administrative transfer of
responsibility for these payments from
the department of human services to the
department of public safety. Any
portion of this appropriation that is
not expended for payments incurred
before July 1, 2000, may be transferred
to the department's fiscal year 2001
appropriation for the per diem
program. The department of public
safety's liability for battered women
shelter per diem payments that are
incurred through June 30, 2000, and are
not paid by the department of human
services extends only to this
appropriation. The department shall
process payments in the order in which
they are received until this
appropriation is completely expended.
No part of the department's fiscal year
2001 per diem program appropriation or
any other funding may be used for
program expenses incurred before July
1, 2000.
$40,000 is a one-time appropriation for
a grant to the center for applied
research and policy analysis at
Metropolitan state university for the
domestic violence shelter study
described in article 6, section 11.
Sec. 7. CORRECTIONS -0- 2,250,000
$1,750,000 is a one-time appropriation
for a grant or grants to counties,
groups of counties, or a county or
group of counties and a tribal
government, for up to 30 percent of the
construction cost of adult regional
detention facilities. * (The preceding
text beginning "$1,750,000 is a
one-time appropriation" was indicated
as vetoed by the governor.)
$500,000 is a one-time appropriation
for predesign of a joint headquarters
building for the department of
corrections and the department of
public safety.
The commissioner shall predesign a
vocational building at Minnesota
correctional facility-St. Cloud.
The fiscal year 2001 general fund
appropriation for juvenile residential
treatment grants in Laws 1999, chapter
216, article 1, section 13, subdivision
4, is reduced by $1,942,000. This is a
one-time reduction.
Sec. 8. AUTOMOBILE THEFT PREVENTION
BOARD
The fiscal year 2000 transfer from the
automobile theft prevention account in
the special revenue fund to the
commissioner of public safety in Laws
1999, chapter 216, article 1, section
18, is reduced by $100,000.
By June 30, 2000, the commissioner of
finance shall transfer the available
unencumbered balance from the
automobile theft prevention account in
the special revenue fund to the general
fund. Minnesota Statutes, section
168A.40, subdivision 4, does not apply
to money transferred to the general
fund under this paragraph.
Sec. 9. SENTENCING
GUIDELINES COMMISSION -0- 20,000
$20,000 is a one-time appropriation for
salary increases.
Sec. 10. MINNESOTA SAFETY
COUNCIL -0- 200,000
$200,000 is a one-time appropriation
for the crosswalk safety awareness
program described in article 6, section
9.
Sec. 11. UNIVERSITY OF -0- 20,000
MINNESOTA
$20,000 is a one-time appropriation to
cover the cost of updating the parent
education curriculum.
Sec. 12. Laws 1999, chapter 216, article 1, section 7,
subdivision 6, is amended to read:
Subd. 6. Law Enforcement and Community Grants
10,290,000 7,583,000
$1,000,000 the first year is for grants
to pay the costs of developing or
implementing a criminal justice
information integration plan as
described in Minnesota Statutes,
section 299C.65, subdivision 6 or 7.
The commissioner shall make a minimum
of two grants from this appropriation.
This is a one-time appropriation.
The commissioner of public safety shall
consider using a portion of federal
Byrne grant funds for costs related to
developing or implementing a criminal
justice information system integration
plan as described in Minnesota
Statutes, section 299C.65, subdivision
6 or 7.
$400,000 the first year is for a grant
to the city of Marshall to construct,
furnish, and equip a regional emergency
response training center. The balance,
if any, does not cancel but is
available for the fiscal year ending
June 30, 2001.
$10,000 the first year is for the
commissioner of public safety to
reconvene the task force that developed
the statewide master plan for fire and
law enforcement training facilities
under Laws 1998, chapter 404, section
21, subdivision 3, for the purpose of
developing specific recommendations
concerning the siting, financing and
use of these training facilities. The
commissioner's report shall include
detailed recommendations concerning the
following issues:
(1) the specific cities, counties, or
regions of the state where training
facilities should be located;
(2) the reasons why a training facility
should be sited in the recommended
location, including a description of
the public safety training needs in
that part of the state;
(3) the extent to which neighboring
cities and counties should be required
to collaborate in funding and operating
the recommended training facilities;
(4) an appropriate amount for a local
funding match (up to 50 percent) for
cities and counties using the training
facility to contribute in money or
other resources to build, expand, or
operate the facility;
(5) the feasibility of providing
training at one or more of the
recommended facilities for both law
enforcement and fire safety personnel;
(6) whether the regional or statewide
need for increased public safety
training resources can be met through
the expansion of existing training
facilities rather than the creation of
new facilities and, if so, which
facilities should be expanded; and
(7) any other issues the task force
deems relevant.
By January 15, 2000, the commissioner
shall submit the report to the chairs
and ranking minority members of the
house and senate committees and
divisions with jurisdiction over
capital investment issues and criminal
justice funding and policy.
$746,000 the first year and $766,000
the second year are for personnel and
administrative costs for the criminal
gang oversight council and strike force
described in Minnesota Statutes,
section 299A.64.
$1,171,000 the first year and
$2,412,000 are for the grants
authorized under Minnesota Statutes,
section 299A.66, subdivisions 1 and 2.
Of this appropriation, $1,595,000 each
year shall be included in the 2002-2003
biennial base budget.
By January 15, 2000, the criminal gang
oversight council shall submit a report
to the chairs and ranking minority
members of the senate and house
committees and divisions with
jurisdiction over criminal justice
funding and policy describing the
following:
(1) the types of crimes on which the
oversight council and strike force have
primarily focused their investigative
efforts since their inception;
(2) a detailed accounting of how the
oversight council and strike force have
spent all funds and donations they have
received since their inception,
including donations of goods and
services;
(3) the extent to which the activities
of the oversight council and strike
force overlap or duplicate the
activities of the fugitive task force
or the activities of any federal,
state, or local task forces that
investigate interjurisdictional
criminal activity; and
(4) the long-term goals that the
criminal gang oversight council and
strike force hope to achieve.
The commissioner of public safety shall
consider using a portion of federal
Byrne grant funds for criminal gang
prevention and intervention activities
to (1) help gang members separate
themselves, or remain separated, from
gangs; and (2) prevent individuals from
becoming affiliated with gangs.
$50,000 the first year is for a grant
to the Minnesota Safety Council to
continue the crosswalk safety awareness
campaign. The Minnesota Safety Council
shall work with the department of
transportation to develop a long range
plan to continue the crosswalk safety
awareness campaign.
$500,000 the first year is for grants
under Minnesota Statutes, section
299A.62, subdivision 1. These grants
shall be distributed as provided in
Minnesota Statutes, section 299A.62,
subdivision 2. This is a one-time
appropriation.
Up to $30,000 of the appropriation for
grants under Minnesota Statutes,
section 299A.62, is for grants to
requesting local law enforcement
agencies to purchase dogs trained to
detect or locate controlled substances
by scent. Grants are limited to one
dog per county.
$50,000 the first year and $50,000 the
second year are for grants to the
northwest Hennepin human services
council to administer the northwest
community law enforcement project, to
be available until June 30, 2001. This
is a one-time appropriation.
$30,000 the first year is to assist
volunteer ambulance services, licensed
under Minnesota Statutes, chapter 144E,
in purchasing automatic external
defibrillators. Ambulance services are
eligible for a grant under this
provision if they do not already
possess an automatic external
defibrillator and if they provide a 25
percent match in nonstate funds. This
is a one-time appropriation.
$50,000 the first year and $50,000 the
second year are for grants under
Minnesota Statutes, section 119A.31,
subdivision 1, clause (12), to
organizations that focus on
intervention and prevention of teenage
prostitution.
The commissioner of public safety shall
administer a program to distribute tire
deflators to local or state law
enforcement agencies selected by the
commissioner of public safety and to
distribute or otherwise make available
a computer-controlled driving simulator
to local or state law enforcement
agencies or POST-certified skills
programs selected by the commissioner
of public safety.
Before any decisions are made on which
law enforcement agencies will receive
tire deflators or the driving
simulator, a committee consisting of a
representative from the Minnesota
chiefs of police association, a
representative from the Minnesota
sheriffs association, a representative
from the state patrol, and a
representative from the Minnesota
police and peace officers association
shall evaluate the applications. The
commissioner shall consult with the
committee concerning its evaluation and
recommendations on distribution
proposals prior to making a final
decision on distribution.
Law enforcement agencies that receive
tire deflators under this section
must: (i) provide any necessary
training to their employees concerning
use of the tire deflators; (ii) compile
statistics on use of the tire deflators
and the results; (iii) provide a
one-to-one match in nonstate funds; and
(iv) report this information to the
commissioner as required.
Law enforcement agencies or
POST-certified skills programs that
receive a computer-controlled driving
simulator under this section must:
(1) provide necessary training to their
employees in emergency vehicle
operations and in the conduct of police
pursuits;
(2) provide a five-year plan for
maintaining the hardware necessary to
operate the driving simulator;
(3) provide a five-year plan to update
software necessary to operate the
driving simulator;
(4) provide a plan to make the driving
simulator available at a reasonable
cost and with reasonable availability
to other law enforcement agencies to
train their officers; and
(5) provide an estimate of the
availability of the driving simulator
for use by other law enforcement
agencies.
By January 15, 2001, the commissioner
shall report to the chairs and ranking
minority members of the house and
senate committees and divisions having
jurisdiction over criminal justice
matters on the tire deflators and the
driving simulator distributed under
this section.
$285,000 the first year is for a
one-time grant to the city of
Minneapolis to implement a coordinated
criminal justice system response to the
CODEFOR (Computer Optimized
Development-Focus on Results) law
enforcement strategy. This
appropriation is available until
expended.
$795,000 the first year is for a
one-time grant to Hennepin county to
implement a coordinated criminal
justice system response to the CODEFOR
(Computer Optimized Development-Focus
on Results) law enforcement strategy.
This appropriation is available until
expended.
$420,000 the first year is for a
one-time grant to the fourth judicial
district public defender's office to
accommodate the CODEFOR (Computer
Optimized Development-Focus on Results)
law enforcement strategy. This
appropriation is available until
expended.
$150,000 the first year and $150,000
the second year are for weed and seed
grants under Minnesota Statutes,
section 299A.63. Money not expended
the first year is available for grants
during the second year. This is a
one-time appropriation.
$200,000 each year is a one-time
appropriation for a grant to the center
for reducing rural violence to continue
the technical assistance and related
rural violence prevention services the
center offers to rural communities.
$500,000 the first year and $500,000
the second year are to operate the
weekend camp program at Camp Ripley
described in Laws 1997, chapter 239,
article 1, section 12, subdivision 3,
as amended by Laws 1998, chapter 367,
article 10, section 13. The powers and
duties of the department of corrections
with respect to the weekend program are
transferred to the department of public
safety under Minnesota Statutes,
section 15.039. The commissioner shall
attempt to expand the program to serve
500 juveniles per year within this
appropriation.
An additional $125,000 the first year
and $125,000 the second year are for
the weekend camp program at Camp Ripley.
$500,000 the first year and $500,000
the second year are for Asian-American
juvenile crime intervention and
prevention grants under Minnesota
Statutes, section 256.486. The powers
and duties of the department of human
services, with respect to that program,
are transferred to the department of
public safety under Minnesota Statutes,
section 15.039. This is a one-time
appropriation.
Sec. 13. Laws 1999, chapter 216, article 1, section 18, is
amended to read:
Sec. 18. AUTOMOBILE THEFT PREVENTION
BOARD 2,277,000 1,886,000
-0-
This appropriation is from the
automobile theft prevention account in
the special revenue fund.
Of this appropriation, up to $400,000
the first year is transferred to the
commissioner of public safety for the
purchase and distribution of tire
deflators to local or state law
enforcement agencies and for the
purchase of a computer-controlled
driving simulator. Any amount not
spent by the commissioner of public
safety for this purpose shall be
returned to the automobile theft
prevention account in the special
revenue fund and may be used for other
automobile theft prevention activities.
The automobile theft prevention board
may not spend any money it receives
from surcharges in the fiscal year
2000-2001 biennium, unless the
legislature approves the spending.
The executive director of the
automobile theft prevention board may
not sit on the automobile theft
prevention board.
Sec. 14. Laws 1999, chapter 216, article 1, section 14, is
amended to read:
Sec. 14. CORRECTIONS OMBUDSMAN 470,000 400,000 310,000
If the reduction in the base level
funding causes a reduction in the
number of employees, then the
commissioner of corrections and
commissioner of public safety shall
make reasonable efforts to transfer the
affected employees to positions within
the department of corrections or
department of public safety.
Sec. 15. Laws 1999, chapter 216, article 1, section 9, is
amended to read:
Sec. 9. CRIME VICTIM
OMBUDSMAN 404,000 389,000 379,000
$20,000 the first year is for the crime
victims case management system.
ARTICLE 5
COURTS
Section 1. Minnesota Statutes 1998, section 169.89,
subdivision 2, is amended to read:
Subd. 2. [PETTY MISDEMEANOR PENALTY; NO JURY TRIAL.] A
person charged with a petty misdemeanor is not entitled to a
jury trial but shall be tried by a judge without a jury. If
convicted, the person is not subject to imprisonment but shall
be punished by a fine of not more than $200 $300.
Sec. 2. Minnesota Statutes 1998, section 609.02,
subdivision 3, is amended to read:
Subd. 3. [MISDEMEANOR.] "Misdemeanor" means a crime for
which a sentence of not more than 90 days or a fine of not more
than $700 $1,000, or both, may be imposed.
Sec. 3. Minnesota Statutes 1998, section 609.02,
subdivision 4a, is amended to read:
Subd. 4a. [PETTY MISDEMEANOR.] "Petty misdemeanor" means a
petty offense which is prohibited by statute, which does not
constitute a crime and for which a sentence of a fine of not
more than $200 $300 may be imposed.
Sec. 4. Minnesota Statutes 1998, section 609.03, is
amended to read:
609.03 [PUNISHMENT WHEN NOT OTHERWISE FIXED.]
If a person is convicted of a crime for which no punishment
is otherwise provided the person may be sentenced as follows:
(1) If the crime is a felony, to imprisonment for not more
than five years or to payment of a fine of not more than
$10,000, or both; or
(2) If the crime is a gross misdemeanor, to imprisonment
for not more than one year or to payment of a fine of not more
than $3,000, or both; or
(3) If the crime is a misdemeanor, to imprisonment for not
more than 90 days or to payment of a fine of not more than
$700 $1,000, or both; or
(4) If the crime is other than a misdemeanor and a fine is
imposed but the amount is not specified, to payment of a fine of
not more than $1,000, or to imprisonment for a specified term of
not more than six months if the fine is not paid.
Sec. 5. Minnesota Statutes 1998, section 609.033, is
amended to read:
609.033 [INCREASED MAXIMUM PENALTIES FOR MISDEMEANORS.]
Any law of this state which provides for a maximum fine of
$500 $700 as a penalty for a violation misdemeanor shall, on or
after August 1, 1983 2000, be deemed to provide for a maximum
fine of $700 $1,000.
Sec. 6. Minnesota Statutes 1998, section 609.0331, is
amended to read:
609.0331 [INCREASED MAXIMUM PENALTIES FOR PETTY
MISDEMEANORS.]
A law of this state that provides, on or after August 1,
1987 2000, for a maximum penalty of $100 $200 for a petty
misdemeanor is considered to provide for a maximum fine
of $200 $300.
Sec. 7. Minnesota Statutes 1998, section 609.0332,
subdivision 1, is amended to read:
Subdivision 1. [INCREASED FINE.] From August 1, 1987 2000,
if a state law or municipal charter sets a limit of $100 $200 or
less on the fines that a statutory or home rule charter city,
town, county, or other political subdivision may prescribe for
an ordinance violation that is defined as a petty misdemeanor,
that law or charter is considered to provide that the political
subdivision has the power to prescribe a maximum fine of $200
$300 for the petty misdemeanor violation.
Sec. 8. Minnesota Statutes 1998, section 609.034, is
amended to read:
609.034 [INCREASED MAXIMUM PENALTY FOR ORDINANCE
VIOLATIONS.]
Any law of this state or municipal charter which limits the
power of any statutory or home rule charter city, town, county,
or other political subdivision to prescribe a maximum fine of
$500 $700 or less for an ordinance shall on or after August 1,
1983 2000, be deemed to provide that the statutory or home rule
charter city, town, county, or other political subdivision has
the power to prescribe a maximum fine of $700 $1,000.
Sec. 9. [AUTOMATED VICTIM NOTIFICATION SYSTEM.]
All courts and state and local correctional facilities
shall consider implementing an automated victim notification
system. The commissioner of public safety, in cooperation with
the commissioners of children, families, and learning;
corrections; and economic security; shall provide financial
assistance to implement these systems. The commissioners shall
determine the extent of the financial assistance and the manner
in which it will be provided. Participating local governments
shall provide a cash or in-kind match as determined by the
commissioner of public safety.
Sec. 10. [COURT SECURITY TRAINING PROGRAM.]
The superintendent of the bureau of criminal apprehension
shall develop and implement a training program for court and law
enforcement personnel. The training program must:
(1) include methods to increase security within court
houses and surrounding property;
(2) focus on protecting judges, court employees, members of
the public, and participants in the legal process; and
(3) allow individuals who receive it to, in turn,
effectively train others.
Sec. 11. [EFFECTIVE DATE.]
Sections 1 to 8 are effective August 1, 2000, and apply to
violations committed on or after that date.
ARTICLE 6
PUBLIC SAFETY
Section 1. Minnesota Statutes 1998, section 168A.40,
subdivision 3, is amended to read:
Subd. 3. [SURCHARGE.] Each insurer engaged in the writing
of policies of automobile insurance shall collect a surcharge,
at the rate of 50 cents per vehicle for every six months of
coverage, on each policy of automobile insurance providing
comprehensive insurance coverage issued or renewed in this
state. The surcharge may not be considered premium for any
purpose, including the computation of premium tax or agents'
commissions. The amount of the surcharge must be separately
stated on either a billing or policy declaration sent to an
insured. Insurers shall remit the revenue derived from this
surcharge at least quarterly to the board commissioner of public
safety for purposes of the automobile theft prevention
program described in section 299A.75. For purposes of this
subdivision, "policy of automobile insurance" has the meaning
given it in section 65B.14, covering only the following types of
vehicles as defined in section 168.011:
(1) a passenger automobile;
(2) a pick-up truck;
(3) a van but not commuter vans as defined in section
168.126; or
(4) a motorcycle,
except that no vehicle with a gross vehicle weight in
excess of 10,000 pounds is included within this definition.
Sec. 2. Minnesota Statutes 1998, section 168A.40,
subdivision 4, is amended to read:
Subd. 4. [AUTOMOBILE THEFT PREVENTION ACCOUNT.] A special
revenue account is created in the state treasury to be credited
with the proceeds of the surcharge imposed under subdivision 3.
Revenue in the account may be used only for the automobile theft
prevention program described in section 299A.75. The board may
not spend in any fiscal year more than ten percent of the money
in the fund for its administrative and operating costs.
Sec. 3. Minnesota Statutes 1998, section 169.21,
subdivision 2, is amended to read:
Subd. 2. [RIGHTS IN ABSENCE OF SIGNAL.] (a) Where
traffic-control signals are not in place or in operation, the
driver of a vehicle shall stop to yield the right-of-way to a
pedestrian crossing the roadway within a marked crosswalk or
within any crosswalk at an intersection but with no marked
crosswalk. The driver must remain stopped until the pedestrian
has passed the lane in which the vehicle is stopped. No
pedestrian shall suddenly leave a curb or other place of safety
and walk or run into the path of a vehicle which is so close
that it is impossible for the driver to yield. This provision
shall not apply under the conditions as otherwise provided in
this subdivision.
(b) When any vehicle is stopped at a marked crosswalk or at
any unmarked crosswalk at an intersection with no marked
crosswalk to permit a pedestrian to cross the roadway, the
driver of any other vehicle approaching from the rear shall not
overtake and pass the stopped vehicle.
(c) It is unlawful for any person to drive a motor vehicle
through a column of school children crossing a street or highway
or past a member of a school safety patrol or adult crossing
guard, while the member of the school safety patrol or adult
crossing guard is directing the movement of children across a
street or highway and while the school safety patrol member or
adult crossing guard is holding an official signal in the stop
position. A peace officer may arrest the driver of a motor
vehicle if the peace officer has probable cause to believe that
the driver has operated the vehicle in violation of this
paragraph within the past four hours.
(d) A person who violates this subdivision is guilty of a
misdemeanor and may be sentenced to imprisonment for not more
than 90 days or to payment of a fine of not more than $700, or
both. A person who violates this subdivision a second or
subsequent time within one year of a previous conviction under
this subdivision is guilty of a gross misdemeanor and may be
sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both.
Sec. 4. Minnesota Statutes 1998, section 169.21,
subdivision 3, is amended to read:
Subd. 3. [CROSSING BETWEEN INTERSECTIONS.] Every
pedestrian crossing a roadway at any point other than within a
marked crosswalk or within an unmarked crosswalk at an
intersection with no marked crosswalk shall yield the
right-of-way to all vehicles upon the roadway.
Any pedestrian crossing a roadway at a point where a
pedestrian tunnel or overhead pedestrian crossing has been
provided shall yield the right-of-way to all vehicles upon the
roadway.
Between adjacent intersections at which traffic-control
signals are in operation pedestrians shall not cross at any
place except in a marked crosswalk.
Notwithstanding the other provisions of this section every
driver of a vehicle shall: (a) exercise due care to avoid
colliding with any bicycle or pedestrian upon any roadway and
(b) give an audible signal when necessary and exercise proper
precaution upon observing any child or any obviously confused or
incapacitated person upon a roadway.
Sec. 5. [169.2151] [PEDESTRIAN SAFETY CROSSINGS.]
A local road authority may provide by ordinance for the
designation of pedestrian safety crossings on highways under the
road authority's jurisdiction where pedestrian safety
considerations require extra time for pedestrian crossing in
addition to the time recommended under the Minnesota manual of
uniform traffic control devices for pedestrian signals. The
ordinance may provide for timing of pedestrian signals for such
crossings, consistent with the recommendations of the uniform
manual for pedestrian signal timing at senior citizen and
handicapped pedestrian crossings. Cities other than cities of
the first class may designate a pedestrian safety crossing only
with the approval of the road authority having jurisdiction over
the crossing. The authority of local road authorities to
determine pedestrian signal timing under this section is in
addition to any other control exercised by local road
authorities over the timing of pedestrian signals.
Sec. 6. [299A.71] [JUVENILE PROSTITUTION LAW ENFORCEMENT
AND OFFICER TRAINING GRANTS.]
Subdivision 1. [ESTABLISHMENT.] A grant program is
established for enhanced law enforcement efforts and peace
officer education and training to combat juvenile prostitution.
The goal of the grants is to provide peace officers with the
knowledge and skills to recognize individuals who sexually
exploit youth, charge and prosecute these individuals for
promotion and solicitation of prostitution, and effectively
communicate with the victims of juvenile prostitution.
Subd. 2. [ELIGIBILITY.] The commissioner of public safety
shall make juvenile prostitution prevention grants to local law
enforcement agencies to provide enhanced efforts targeted to
juvenile prostitution and training and staff development
relating to the prevention of juvenile prostitution. The law
enforcement agency must utilize all of the grant funding
received for efforts to combat juvenile prostitution.
Subd. 3. [GRANT APPLICATION.] A local law enforcement
agency must submit an application to the commissioner of public
safety in the form and manner the commissioner establishes.
Sec. 7. [299A.75] [AUTOMOBILE THEFT PREVENTION PROGRAM.]
Subdivision 1. [PROGRAM DESCRIBED.] (a) The commissioner
of public safety shall:
(1) develop and sponsor the implementation of statewide
plans, programs, and strategies to combat automobile theft,
improve the administration of the automobile theft laws, and
provide a forum for identification of critical problems for
those persons dealing with automobile theft;
(2) coordinate the development, adoption, and
implementation of plans, programs, and strategies relating to
interagency and intergovernmental cooperation with respect to
automobile theft enforcement;
(3) annually audit the plans and programs that have been
funded in whole or in part to evaluate the effectiveness of the
plans and programs and withdraw funding should the commissioner
determine that a plan or program is ineffective or is no longer
in need of further financial support from the fund;
(4) develop a plan of operation including an assessment of
the scope of the problem of automobile theft, including areas of
the state where the problem is greatest; an analysis of various
methods of combating the problem of automobile theft; a plan for
providing financial support to combat automobile theft; a plan
for eliminating car hijacking; and an estimate of the funds
required to implement the plan; and
(5) distribute money from the automobile theft prevention
special revenue account for automobile theft prevention
activities, including:
(i) paying the administrative costs of the program;
(ii) providing financial support to the state patrol and
local law enforcement agencies for automobile theft enforcement
teams;
(iii) providing financial support to state or local law
enforcement agencies for programs designed to reduce the
incidence of automobile theft and for improved equipment and
techniques for responding to automobile thefts;
(iv) providing financial support to local prosecutors for
programs designed to reduce the incidence of automobile theft;
(v) providing financial support to judicial agencies for
programs designed to reduce the incidence of automobile theft;
(vi) providing financial support for neighborhood or
community organizations or business organizations for programs
designed to reduce the incidence of automobile theft;
(vii) providing financial support for automobile theft
educational and training programs for state and local law
enforcement officials, driver and vehicle services exam and
inspections staff, and members of the judiciary; and
(viii) conducting educational programs designed to inform
automobile owners of methods of preventing automobile theft and
to provide equipment, for experimental purposes, to enable
automobile owners to prevent automobile theft.
(b) The commissioner may not spend in any fiscal year more
than ten percent of the money in the fund for the program's
administrative and operating costs.
Subd. 2. [ANNUAL REPORT.] By January 15 of each year, the
commissioner shall report to the governor and legislature on the
activities and expenditures in the preceding year.
Sec. 8. [299E.03] [CAPITOL COMPLEX SECURITY OVERSIGHT
COMMITTEE.]
Subdivision 1. [MEMBERSHIP.] (a) The capitol complex
security oversight committee consists of the following
individuals or their designees:
(1) the senate majority leader;
(2) the speaker of the house of representatives;
(3) the chief justice of the supreme court;
(4) the chair of the senate committee or division having
jurisdiction over criminal justice funding;
(5) the chair of the house of representatives committee or
division having jurisdiction over criminal justice funding;
(6) the commissioner of public safety;
(7) the commissioner of administration;
(8) the senate sergeant at arms;
(9) the house of representatives' sergeant at arms;
(10) the chief of the St. Paul police department;
(11) the president of a statewide association representing
government relations professionals;
(12) the director of the capitol complex security division;
and
(13) the chief supervisor of the state patrol.
(b) The committee may elect a chair from among its members.
Subd. 2. [DUTIES.] The oversight committee shall:
(1) develop both a short-term and a long-term plan relating
to the provision of security in the capitol complex and in other
state-owned or leased buildings and property, including
providing necessary security to the following: legislators,
constitutional officers, members of the judiciary, commissioners
of state agencies, state employees, visiting dignitaries, and
members of the public;
(2) develop guidelines that may be used to evaluate the
methods by which this security is provided;
(3) evaluate the budget for providing this security and
make annual budgetary recommendations to the legislature; and
(4) provide oversight to the entity providing capitol area
security and annually report to the legislature on the entity's
effectiveness.
The plans described in clause (1) must consider potential
shifting needs for security and the impact of new security
technology.
Subd. 3. [EXPIRATION AND COMPENSATION.] Notwithstanding
section 15.059, the oversight committee does not expire.
Committee members may not receive compensation for serving, but
may receive expense reimbursements as provided in section 15.059.
Sec. 9. [CROSSWALK SAFETY AWARENESS PROGRAM.]
The Minnesota safety council shall continue its crosswalk
safety awareness program by:
(1) developing and distributing crosswalk safety education
campaign materials;
(2) creating and placing advertisements in mass media
throughout the state; and
(3) making grants to local units of government and law
enforcement agencies for:
(i) implementing pedestrian safety awareness activities;
(ii) providing increased signage and crosswalk markings and
evaluating their effect on highway safety; and
(iii) enhancing enforcement of pedestrian safety laws.
Sec. 10. [JOINT DOMESTIC ABUSE PROSECUTION UNIT.]
Subdivision 1. [ESTABLISHMENT.] A pilot project is
established to develop a joint domestic abuse prosecution unit
administered by the Ramsey county attorney's office and the St.
Paul city attorney's office. The unit has authority to
prosecute misdemeanors, gross misdemeanors, and felonies. The
unit shall also coordinate efforts with child protection
attorneys. The unit may include four cross-deputized assistant
city attorneys and assistant county attorneys. A victim/witness
advocate, a law clerk, and a legal secretary may provide support.
Subd. 2. [GOALS.] The goals of this pilot project are to:
(1) recognize children as both victims and witnesses in
domestic abuse situations;
(2) recognize and respect the interests of children in the
prosecution of domestic abuse; and
(3) reduce the exposure to domestic violence for both adult
and child victims.
Subd. 3. [REPORT.] The Ramsey county attorney's office and
the St. Paul city attorney's office shall report to the chairs
and ranking minority members of the senate and house committees
and divisions having jurisdiction over criminal justice policy
and funding on the pilot project. The report may include the
number and types of cases referred, the number of cases charged,
the outcome of cases, and other relevant outcome measures. A
progress report is due January 15, 2001, and a final report is
due January 15, 2002.
Subd. 4. [SHARING OF PILOT PROJECT RESULTS.] The Ramsey
county attorney's office and the St. Paul city attorney's office
shall share the results of the pilot project with the state and
other counties and cities.
Sec. 11. [DOMESTIC VIOLENCE SHELTER STUDY.]
By March 15, 2001, the center for applied research and
policy analysis at Metropolitan State University, in cooperation
with the Minnesota center for crime victim services and the
department of public safety, shall study and make
recommendations to the chairs and ranking minority members of
the senate and house committees and divisions having
jurisdiction over criminal justice funding on issues related to
providing shelter for victims of domestic violence. The study
must estimate the relative impact of the following, as it
relates to providing shelter for victims of domestic violence:
(1) the incidence of domestic violence;
(2) law enforcement practices in response to domestic
violence;
(3) the number of victims seeking shelter and whether
adequate shelter space exists, and trends regarding this;
(4) the number of victims who have children also needing
shelter;
(5) the financial status of domestic violence victims;
(6) the necessary length of stay in shelters; and
(7) opportunities for victims to leave shelters.
In studying these issues, the center shall analyze costs and
demand for shelters in other states having programs comparable
to Minnesota's.
Sec. 12. [REVISOR INSTRUCTION.]
In the next edition of Minnesota Statutes, the revisor
shall eliminate all references to the automobile theft
prevention board and correct all cross references to statutes
repealed in section 13.
Sec. 13. [REPEALER.]
Minnesota Statutes 1998, section 168A.40, subdivision 1,
and Minnesota Statutes 1999 Supplement, section 168A.40,
subdivision 2, are repealed.
Sec. 14. [EFFECTIVE DATE.]
Sections 3 to 5 are effective September 1, 2000.
ARTICLE 7
CORRECTIONS
Section 1. [241.018] [PER DIEM CALCULATION.]
(a) The commissioner of corrections shall develop a uniform
method to calculate the average department wide per diem cost of
incarcerating offenders at state adult correctional facilities.
In addition to other costs currently factored into the per diem,
it must include an appropriate percentage of capitol costs for
all adult correctional facilities and 65 percent of the
department's management services budget.
(b) The commissioner also shall use this method of
calculating per diem costs for offenders in each state adult
correctional facility. When calculating the per diem cost of
incarcerating offenders at a particular facility, the
commissioner shall include an appropriate percentage of capital
costs for the facility and an appropriate prorated amount, given
the facility's population, of 65 percent of the department's
management services budget.
(c) The commissioner shall ensure that these new per diem
methods are used in all future instances in which per diem
charges are reported.
(d) The commissioner shall report information related to
these per diems to the chairs and ranking minority members of
the senate and house committees and divisions having
jurisdiction over criminal justice funding by January 15, 2001.
Sec. 2. Minnesota Statutes 1999 Supplement, section
242.192, is amended to read:
242.192 [CHARGES TO COUNTIES.]
(a) Until June 30, 2001, the commissioner shall charge
counties or other appropriate jurisdictions for 65 percent of
the actual per diem cost of confinement, excluding educational
costs and nonbillable service, of juveniles at the Minnesota
correctional facility-Red Wing and of juvenile females committed
to the commissioner of corrections. This charge applies to
juveniles committed to the commissioner of corrections and
juveniles admitted to the Minnesota correctional facility-Red
Wing under established admissions criteria. This charge applies
to both counties that participate in the Community Corrections
Act and those that do not. The commissioner shall annually
determine costs, making necessary adjustments to reflect the
actual costs of confinement the per diem cost of confinement
based on projected population, pricing incentives, market
conditions, and the requirement that expense and revenue balance
out over a period of two years. All money received under this
section must be deposited in the state treasury and credited to
the general fund.
(b) Until June 30, 2001, the department of corrections
shall be responsible for 35 percent of the per diem cost of
confinement described in this section.
Sec. 3. [242.193] [JUVENILE RESIDENTIAL TREATMENT GRANTS.]
Subdivision 1. [GRANTS.] Within the limits of available
appropriations, the commissioner of corrections shall make
juvenile residential treatment grants to counties to defray the
cost of juvenile residential treatment. The commissioner shall
distribute 80 percent of the money appropriated for these
purposes to noncommunity corrections counties and 20 percent to
Community Corrections Act counties. The commissioner shall
distribute the money according to the formula contained in
section 401.10.
Subd. 2. [REPORT.] By January 15 of each year, each county
that received a grant shall submit a report to the commissioner
describing the purposes for which the grants were used. By
March 15 of each year, the commissioner shall summarize this
information and report it to the chairs and ranking minority
members of the senate and house of representatives committees
and divisions having jurisdiction over criminal justice funding.
Sec. 4. Minnesota Statutes 1998, section 242.41, is
amended to read:
242.41 [THE MINNESOTA CORRECTIONAL FACILITY-RED WING.]
There is established the Minnesota correctional
facility-Red Wing at Red Wing, Minnesota, in which may be placed
persons committed to the commissioner of corrections by the
courts of this state who, in the opinion of the commissioner,
may benefit from the programs available thereat or admitted
consistent with established admissions criteria. When reviewing
placement requests from counties, the commissioner shall take
into consideration the purpose of the Minnesota correctional
facility-Red Wing which is to educate and provide treatment for
serious and chronic juvenile offenders for which the county has
exhausted local resources. The general control and management
of the facility shall be under the commissioner of corrections.
Sec. 5. Minnesota Statutes 1998, section 242.43, is
amended to read:
242.43 [COMMISSIONER, DUTIES.]
The commissioner of corrections shall receive, clothe,
maintain, and instruct, at the expense of the state, all
children duly committed to the corrections department and placed
in a state correctional facility for juveniles and keep them in
custody until placed on probation, paroled, or discharged. The
commissioner may place any of these children in suitable foster
care facilities or cause them to be instructed in such trades or
employment as in the commissioner's judgment will be most
conducive to their reformation and tend to the future benefit
and advantage of these children. The commissioner may discharge
any child so committed, or may recall to the facility at any
time any child paroled, placed on probation, or transferred;
and, upon recall, may resume the care and control thereof. The
discharge of a child by the commissioner shall be a complete
release from all penalties and disabilities created by reason of
the commitment.
Upon the parole or discharge of any inmate of any state
juvenile correctional facility, the commissioner of corrections
may pay to each inmate released an amount of money not exceeding
the sum of $10. All payments shall be made from the current
expense fund of the facility.
Sec. 6. Minnesota Statutes 1998, section 242.44, is
amended to read:
242.44 [PUPILS.]
The commissioner of corrections, so far as the
accommodations of the correctional facilities and other means at
the commissioner's disposal will permit, shall may receive and
keep until they reach 19 years of age, or until placed in homes,
or discharged, all persons committed to the commissioner's care
and custody by a juvenile court juvenile delinquents and
juvenile offenders serving a juvenile disposition under section
260B.130, subdivision 4. The commissioner's housing of these
individuals must be consistent with federal and state law,
including established admissions criteria for Minnesota
correctional facility-Red Wing. The commissioner may place
these youths at employment, may provide education suitable to
their years and capacity, and may place them in suitable homes.
Under rules prescribed by the commissioner, when deemed best for
these youths, they persons committed to the commissioner's care
and custody by a juvenile court may be paroled or discharged
from the facility by the commissioner. All pupils in the
facility shall be clothed, instructed, and maintained at the
expense of the state by the commissioner of corrections.
Sec. 7. [260B.199] [PLACEMENT OF JUVENILE OFFENDERS AT
MINNESOTA CORRECTIONAL FACILITY-RED WING.]
Subdivision 1. [WHEN COURT MUST CONSIDER; PROHIBITION ON
PLACEMENT AT OUT-OF-STATE FACILITY.] The admissions criteria for
the Minnesota correctional facility-Red Wing shall include a
requirement that the county of referral must have considered all
appropriate local or regional placements and have exhausted
potential in-state placements in the geographic region. The
court must state on the record that this effort was made and
placements rejected before ordering a placement or commitment to
the Minnesota correctional facility-Red Wing. Before a court
orders a disposition under section 260B.198 or 260B.130,
subdivision 4, for a child, the court shall determine whether
the child meets the established admissions criteria for the
Minnesota correctional facility-Red Wing. If the child meets
the admissions criteria, the court shall place the child at the
facility and may not place the child in an out-of-state
facility, unless the court makes a finding on the record that
the safety of the child or the safety of the community can be
best met by placement in an out-of-state facility or that the
out-of-state facility is located closer to the child's home.
Subd. 2. [REPORT REQUIRED.] (a) A court that places a
child in an out-of-state facility shall report the following
information to the sentencing guidelines commission:
(1) the out-of-state facility the child was placed at and
the reasons for this placement;
(2) the in-state facilities at which placement was
considered;
(3) the reasons for not choosing an in-state facility;
(4) the reasons why the child did not meet the established
admissions criteria for the Minnesota correctional facility-Red
Wing, if applicable; and
(5) if the child met the admissions criteria, the reasons
why the safety of the child or the safety of the community could
not be met at the Minnesota correctional facility-Red Wing.
(b) By February 15 of each year, the commission shall
forward a summary of the reports received from courts under this
subdivision for the preceding year to the chairs and ranking
minority members of the senate and house of representatives
committees and divisions having jurisdiction over criminal
justice policy and funding.
Sec. 8. [260B.201] [MANDATORY COMMITMENT TO COMMISSIONER
OF CORRECTIONS.]
Subdivision 1. [DEFINITIONS.] (a) As used in this section,
the following terms have the meanings given them.
(b) "Chemical dependency treatment" means a comprehensive
set of planned and organized services, therapeutic experiences,
and interventions that are intended to improve the prognosis,
function, or outcome of patients by reducing the risk of the use
of alcohol, drugs, or other mind-altering substances and assist
the patient to adjust to, and deal more effectively with, life
situations.
(c) An offender has "failed or refused to successfully
complete" treatment when based on factors within the offender's
control, the offender is not able to substantially achieve the
program's goals and the program's director determines that based
on the offender's prior placement or treatment history, further
participation in the program would not result in its successful
completion.
(d) "Probation" has the meaning given in section 609.02,
subdivision 15.
(e) "Sex offender treatment" means a comprehensive set of
planned and organized services, therapeutic experiences, and
interventions that are intended to improve the prognosis,
function, or outcome of patients by reducing the risk of sexual
reoffense and other aggressive behavior and assist the patient
to adjust to, and deal more effectively with, life situations.
Subd. 2. [WHEN COMMITMENT REQUIRED.] (a) A court having
jurisdiction over a child shall commit the child to the custody
of the commissioner of corrections or place the child at the
Minnesota correctional facility-Red Wing if the child:
(1) was previously adjudicated delinquent or convicted as
an extended jurisdiction juvenile for an offense for which
registration under section 243.166 was required;
(2) was placed on probation for the offense and ordered to
complete a sex offender or chemical dependency treatment
program; and
(3) subsequently failed or refused to successfully complete
the program.
(b) If the child was initially convicted as an extended
jurisdiction juvenile, the court may execute the child's adult
sentence under section 260B.130, subdivision 4. Notwithstanding
paragraph (c), if the court does not do this, it shall comply
with paragraph (a).
(c) A court may place a child in an out-of-state facility
if the court makes a finding on the record that the safety of
the child or the safety of the community can be best met by
placement in an out-of-state facility or that the out-of-state
facility is located closer to the child's home.
Subd. 3. [REPORT REQUIRED.] A court ordering an
alternative placement under subdivision 2, paragraph (c), shall
report to the sentencing guidelines commission on the placement
ordered and the reasons for not committing the child to the
custody of the commissioner of corrections. If the alternative
placement is to an out-of-state facility, the report must
include specific information that the safety of the child or the
safety of the community can best be met by placement in an
out-of-state facility or that the out-of-state facility is
located closer to the child's home. By February 15 of each
year, the commission shall summarize the reports received from
courts under this paragraph for the preceding year and forward
this summary to the chairs and ranking minority members of the
senate and house of representatives committees and divisions
having jurisdiction over criminal justice policy and funding.
Sec. 9. [LEGISLATIVE INTENT.]
It is the intent of the legislature that this article
encourage courts to place juvenile offenders at the Minnesota
correctional facility-Red Wing who would otherwise be placed in
out-of-state facilities. Except as provided in section 8, it is
not the legislature's intent to discourage the placement of
juvenile offenders at non-state-operated facilities within
Minnesota.
Sec. 10. [STUDY; REPORT.]
(a) The commissioner of corrections, in consultation with
the counties, shall study the state's juvenile correctional
system as it relates to serious and chronic offenders. The
study must analyze and make proposals regarding:
(1) the role of the state and counties in providing
services;
(2) the funding of these services;
(3) the extent to which research-based best practices exist
and are accessible to counties;
(4) the method and process used to administer the juvenile
commitment and parole systems;
(5) the degree to which existing practice reflects the
legislature's intent in enacting juvenile justice laws; and
(6) other related issues deemed relevant by the
commissioner or the counties.
(b) By January 15, 2001, the commissioner shall report the
study's findings and proposals to the chairs and ranking
minority members of the senate and house of representatives
committees and divisions having jurisdiction over criminal
justice policy funding.
Sec. 11. [REPORT.]
The commissioner shall report information relating to
changes in per diem charges to counties for juveniles placed at
the Minnesota correctional facility-Red Wing and the resulting
reduction in juvenile residential treatment grants to the chairs
and ranking minority members of the senate and house committees
and divisions having jurisdiction over criminal justice funding
by January 15, 2001. This report shall specifically address any
impact on the populations at other state, public, or private
juvenile residential facilities and shall specifically include
any effect on the population of the Thistledew Camp caused by
the per diem reduction at Red Wing. The report shall also
recommend approaches, based on consultation with and input from
counties, to achieve financial stability at Minnesota
correctional facility-Red Wing.
Sec. 12. [CONVEYANCE OF STATE LAND.]
Subdivision 1. [CONVEYANCE AUTHORIZED.] Notwithstanding
Minnesota Statutes, sections 92.45, 94.09, 94.10, and 103F.335,
subdivision 3, or any other law to the contrary, the
commissioner of administration may convey all, or any part of,
the land and the state building located on the land described in
subdivision 3, to the central Minnesota regional jail joint
powers group comprised of Aitkin, Cass, Crow Wing, Morrison,
Todd, and Wadena counties, after the commissioner of human
services declares the property surplus to its needs.
Subd. 2. [FORM.] (a) The conveyance shall be in a form
approved by the attorney general.
(b) The conveyance shall restrict use of the land to county
governmental purposes under a joint powers agreement, including
regional jails and community corrections programs, and shall
provide that ownership of any portion of the land or building
that ceases to be used for such purposes shall revert to the
state of Minnesota.
Subd. 3. [LAND DESCRIPTION.] The legal description of the
land is: that part of the Southeast Quarter (SE 1/4) of the
Northeast Quarter (NE 1/4) of Section 29, Township 45 North,
Range 30 West, Crow Wing County, Minnesota, described as
follows: Building 5 and Rectangular site area, on a NW to SE
axis, where the northwest side of said area is the centerline of
Robin Road. Extending southwest, 540'-0" from the midpoint
between Building 5 and Building 7, the SW to NE dimension is
540'-0". Extending southeast, 675'-0" from the centerline of
Robin Road, the SE to NW dimension is 675'-0". Containing 8.37
acres, more or less. Subject to the right-of-way of the
Township road along the east side thereof, subject to other
easements, reservations, and restrictions of record, if any.
Including a road easement for ingress and egress from state
Highway 18 over State Avenue and Robin Road to the junction of
Meadowlark Lane.
Subd. 4. [DETERMINATION.] The commissioner of human
services has determined that the land described in subdivision 3
and the building on the land will not be needed for future
operations of the Brainerd regional human services center. The
state's land management interests would best be served by
conveying the land to the central Minnesota regional jail joint
powers group for governmental use.
ARTICLE 8
APPROPRIATIONS
Section 1. [HEALTH AND HUMAN SERVICES APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or any other fund named, to
the agencies and for the purposes specified in this article, to
be available for the fiscal years indicated for each purpose.
The figures "2000" and "2001" mean that the appropriation or
appropriations listed under them are available for the fiscal
year ending June 30, 2000, or June 30, 2001, respectively, and
if an earlier appropriation was made for that purpose for that
year, the appropriation in this article is added to it. Where a
dollar amount appears in parenthesis, it means a reduction of an
earlier appropriation for that purpose for that year.
SUMMARY BY FUND
APPROPRIATIONS BIENNIAL
2000 2001 TOTAL
General $ 10,328,000 $ 81,995,000 $ 92,323,000
State Government
Special Revenue 150,000 -0- 150,000
Health Care Access
Fund 1,266,000 3,401,000 4,667,000
Lottery Prize Fund -0- 248,000 248,000
TOTAL $ 11,744,000 $ 85,644,000 $ 97,388,000
APPROPRIATIONS
Available for the Year
Ending June 30
2000 2001
Sec. 2. COMMISSIONER OF
HUMAN SERVICES
Subdivision 1. Total
Appropriation $ 11,594,000 $84,604,000
Summary by Fund
General 10,328,000 80,955,000
Health Care Access 1,266,000 3,401,000
Lottery -0- 248,000
This appropriation is added to the
appropriation in Laws 1999, chapter
245, article 1, section 2.
The amounts that are added to or
reduced from the appropriation for each
program are specified in the following
subdivisions.
Subd. 2. Children's Grants
1,130,000 3,307,000
[ADOPTION ASSISTANCE/RELATIVE CUSTODY
ASSISTANCE.] Of this appropriation,
$674,000 in fiscal year 2000 and
$1,800,000 in fiscal year 2001 is for
the adoption assistance program under
Minnesota Statutes, section 259.67, and
$456,000 in fiscal year 2000 and
$912,000 in fiscal year 2001 is for the
relative custody assistance program
under Minnesota Statutes, section
257.85. This is a one-time
appropriation that shall not be added
to the base level funding for these
programs.
Subd. 3. Basic Health Care Grants
14,984,000 50,813,000
Summary by Fund
General 13,718,000 47,412,000
Health Care Access 1,266,000 3,401,000
The amounts that may be spent from this
appropriation for each purpose are as
follows:
(a) Minnesota Care Grants
Health Care Access Fund
1,266,000 3,401,000
[WELFARE TO WORK.] The commissioner is
authorized to apply for a grant from
the Robert Wood Johnson Foundation for
technical support with health care
program processes to assist families as
they move from welfare to work and
shall seek federal financial
participation. Any federal matching
funds received as a result of the grant
shall be dedicated to the commissioner
for the project funded by the grant.
All funds received shall be accounted
for in a special revenue fund account.
(b) MA Basic Health Care Grants-
Families and Children
General 22,751,000 23,328,000
[ADVANCE CAPITATION PAYMENTS.] The
commissioner shall provide an advance
of up to $500,000 in June of 2001 and
June of 2002, not to exceed the total
monthly per capita payment due for
services provided in June, to
county-based purchasing sites operating
under Minnesota Statutes, section
256B.692. These advances shall be
recovered from the following month's
per capita payments. Notwithstanding
section 6, this paragraph expires on
August 1, 2002.
(c) MA Basic Health Care Grants -
Elderly and Disabled
General (3,730,000) 14,071,000
[SPECIAL TRANSPORTATION.] Of the
general fund appropriation for the
fiscal year beginning July 1, 2000,
$436,000 for medical assistance and
$8,000 for general assistance medical
care is for the commissioner to
increase mileage reimbursement for
special transportation under Minnesota
Statutes, section 256B.0625,
subdivision 17, by ten cents per mile
for services rendered from July 1,
2000, to June 30, 2001.
(d) General Assistance Medical Care
General (5,303,000) 10,013,000
(e) Health Care Nonentitlement Grants
-0- -0-
Subd. 4. State-Operated Services
-0- (1,495,000)
[STATE-OPERATED SERVICES BASE
REDUCTION.] The general fund base level
appropriation for state operated
services programs and activities shall
be reduced by $1,495,000 for fiscal
year 2001.
The amounts that may be spent from this
appropriation for each purpose are as
follows:
(a) RTC Facilities
-0- (1,495,000)
Subd. 5. Continuing Care and
Community Support Grants
(35,029,000) 6,611,000
Summary by Fund
General (35,029,000) 6,363,000
Lottery -0- 248,000
The amounts that may be spent from this
appropriation for each purpose are as
follows:
(a) Community Services Block Grants
-0- 901,000
(b) Aging Adult Service Grants
-0- 207,000
[EPILEPSY.] Of the general fund
appropriation, $7,000 in fiscal year
2001 is to the commissioner to provide
a three percent reimbursement increase
to living skills training programs for
persons with intractable epilepsy who
need assistance in the transition to
independent living.
[HOME SHARE PROGRAM.] Base level
funding for the home share program
established under Minnesota Statutes,
section 256.973, for fiscal year 2002
shall be $175,000. Notwithstanding
section 6, this paragraph expires on
June 30, 2002.
(c) Deaf and Hard-of-Hearing
Services Grants
-0- 21,000
(d) Mental Health Grants
General -0- 1,830,000
Lottery -0- 248,000
[SERVICES FOR FARMERS.] Of the
appropriation from the general fund for
the fiscal year beginning July 1, 2000,
$400,000 is to the commissioner for the
following purposes:
(1) $250,000 is to be transferred to
the commissioner of agriculture for
grants to organizations participating
in the farm wrap network and the rural
help network. The grants may be used
for mental health services and
emergency services for farmers.
(2) $150,000 is to be transferred to
the board of trustees of the Minnesota
state colleges and universities for
mental health counseling support to
farm families and business operators
through the farm business management
program at Central Lakes college and
Ridgewater college.
[COMPULSIVE GAMBLING TREATMENT.] For
the fiscal year beginning July 1, 2000,
$248,000 is appropriated from the
lottery prize fund to the commissioner
for the compulsive gambling treatment
program. Of this appropriation,
$143,000 is for a grant to gamblers
intervention services in Duluth to be
spent as follows:
(1) $100,000 is to establish an
outpatient gambling treatment program
in Brainerd; and
(2) $43,000 is to make treatment center
building improvements to accommodate
expanded group services.
$75,000 is for a grant to the Minnesota
arrowhead region gambling treatment
alliance to provide extended outreach
and family counseling through its
Virginia center.
The remaining $30,000 is for a grant to
gamblers choice in Minneapolis to make
treatment center building improvements
to accommodate expanded group services.
These are one-time appropriations and
shall not become part of base-level
funding for the 2002-2003 biennium.
(e) Developmental Disabilities
Support Grants
-0- 204,000
(f) Medical Assistance Long-Term
Care Waivers and Home Care
(12,385,000) 2,797,000
(g) Medical Assistance Long-Term
Care Facilities
(20,790,000) (3,405,000)
(h) Alternative Care Grants
-0- 1,633,000
(i) Group Residential Housing
(1,854,000) (295,000)
(j) Chemical Dependency
Entitlement Grants
-0- 2,470,000
Subd. 6. Economic Support Grants
30,509,000 25,368,000
The amounts that may be spent from this
appropriation for each purpose are as
follows:
[ASSISTANCE TO FAMILIES GRANTS TANF
FORECAST ADJUSTMENT.] The federal
Temporary Assistance to Needy Families
(TANF) block grant fund appropriated to
the commissioner of human services in
Laws 1999, chapter 245, article 1,
section 2, subdivision 10, for MFIP
cash grants are reduced by $37,513,000
in fiscal year 2000 and $30,217,000 in
fiscal year 2001.
[FEDERAL TANF FUNDS.] (1) In addition
to the Federal Temporary Assistance for
Needy Families (TANF) block grant funds
appropriated to the commissioner of
human services in Laws 1999, chapter
245, article 1, section 2, subdivision
10, federal TANF funds are appropriated
to the commissioner in amounts up to
$20,000,000 in fiscal year 2000 and
$80,440,000 in fiscal year 2001. In
addition to these funds, the
commissioner may draw or transfer any
other appropriations of federal TANF
funds or transfers of federal TANF
funds that are enacted into state law.
(2) Of the amounts in clause (1),
$19,680,000 in fiscal year 2001 is for
the local intervention grants program
under Minnesota Statutes, section
256J.625 and related grant programs and
shall be expended as follows:
(a) $500,000 in fiscal year 2001 is for
a grant to the Southeast Asian MFIP
services collaborative to replicate in
a second location an existing model of
an intensive intervention transitional
employment training project which
serves TANF-eligible recipients and
which moves refugee and immigrant
welfare recipients unto unsubsidized
employment and leads to economic
self-sufficiency. This is a one-time
appropriation.
(b) $500,000 in fiscal year 2001 is for
nontraditional career assistance and
training programs under Minnesota
Statutes, section 256K.30, subdivision
4. This is a one-time appropriation.
(c) $18,680,000 is for local
intervention grants for
self-sufficiency program under
Minnesota Statutes, section 256J.625.
For fiscal years 2002 and 2003 the
commissioner of finance shall ensure
that the base level funding for the
local intervention grants program is
$27,180,000 each year.
(3) Of the amounts in clause (2),
paragraph (c) for local intervention
grants, $7,000,000 in fiscal year 2001
shall be transferred to the
commissioner of health for distribution
to county boards according to the
formula in Minnesota Statutes, section
256J.625, subdivision 3, to be used by
county public health boards to serve
families with incomes at or below 200
percent of the federal poverty
guidelines, in the manner specified by
Minnesota Statutes, section 145A.16,
subdivision 3, clauses (2) through
(6). Training, evaluation and
technical assistance shall be provided
in accordance with Minnesota Statutes,
section 145A.16, subdivisions 5 to 7.
For fiscal years 2002 and 2003 the
commissioner of finance shall ensure
that the base level funding for this
activity is $7,000,000 each year.
(4) Of the amounts in clause (1),
$250,000 in fiscal year 2001 is
appropriated to the commissioner to
contract with the board of trustees of
the Minnesota state colleges and
universities to provide tuition waivers
to employees of health care and human
services providers located in the state
that are members of qualifying
consortia operating under Minnesota
Statutes, sections 116L.10 to 116L.15.
(5) Of the amounts in clause (1),
$320,000 in fiscal year 2001 is for
training job counselors about the MFIP
program. For fiscal years 2002 and
2003 the commissioner of finance shall
ensure that the base level funding for
employment services includes $320,000
each year for this activity. The
appropriations in this clause shall not
become part of the base for the
2004-2005 biennium.
(6) Of the amounts in clause (1),
$1,000,000 in fiscal year 2001 is for
out-of-wedlock pregnancy prevention
funds to serve children in
TANF-eligible families under Minnesota
Statutes, section 256K.35. For fiscal
years 2002 and 2003 the commissioner of
finance shall ensure that the base
level funding for this program is
$1,000,000 each year. The
appropriations in this clause shall not
become part of the base for the
2004-2005 biennium.
(7) Of the amounts in clause (1),
$1,000,000 in fiscal year 2001 is to
provide services to TANF-eligible
families who are participating in the
supportive housing and managed care
pilot project under Minnesota Statutes,
section 256K.25. For fiscal years 2002
and 2003 the commissioner of finance
shall ensure that the base level
funding for this project is $1,000,000
each year. The appropriations in this
clause shall not become part of the
base for this project for the 2004-2005
biennium.
[TANF TRANSFER TO SOCIAL SERVICES.]
$7,500,000 is transferred from the
state's federal TANF block grant to the
state's federal Title XX block grant in
fiscal year 2001 and in fiscal year
2002, for purposes of increasing
services for families with children
whose incomes are at or below 200
percent of the federal poverty
guidelines. Notwithstanding section 6,
this paragraph expires June 30, 2002.
[TANF MOE.] (a) In order to meet the
basic maintenance of effort (MOE)
requirements of the TANF block grant
specified under United States Code,
title 42, section 609(a)(7), the
commissioner may only report nonfederal
money expended for allowable activities
listed in the following clauses as TANF
MOE expenditures:
(1) MFIP cash and food assistance
benefits under Minnesota Statutes,
chapter 256J;
(2) the child care assistance programs
under Minnesota Statutes, sections
119B.03 and 119B.05, and county child
care administrative costs under
Minnesota Statutes, section 119B.15;
(3) state and county MFIP
administrative costs under Minnesota
Statutes, chapters 256J and 256K;
(4) state, county, and tribal MFIP
employment services under Minnesota
Statutes, chapters 256J and 256K; and
(5) expenditures made on behalf of
noncitizen MFIP recipients who qualify
for the medical assistance without
federal financial participation program
under Minnesota Statutes, section
256B.06, subdivision 4, paragraphs (d),
(e), and (j).
(b) The commissioner shall ensure that
sufficient qualified nonfederal
expenditures are made each year to meet
the state's TANF MOE requirements. For
the activities listed in paragraph (a),
clauses (2) to (6), the commissioner
may only report expenditures that are
excluded from the definition of
assistance under Code of Federal
Regulations, title 45, section 260.31.
If nonfederal expenditures for the
programs and purposes listed in
paragraph (a) are insufficient to meet
the state's TANF MOE requirements, the
commissioner shall recommend additional
allowable sources of nonfederal
expenditures to the legislature, if the
legislature is or will be in session to
take action to specify additional
sources of nonfederal expenditures for
TANF MOE before a federal penalty is
imposed. The commissioner shall
otherwise provide notice to the
legislative commission on planning and
fiscal policy under paragraph (d).
(c) If the commissioner uses authority
granted under Laws 1999, chapter 245,
article 1, section 10, or similar
authority granted by a subsequent
legislature, to meet the state's TANF
MOE requirements in a reporting period,
the commissioner shall inform the
chairs of the appropriate legislative
committees about all transfers made
under that authority for this purpose.
(d) If the commissioner determines that
nonfederal expenditures for the
programs under Minnesota Statutes,
section 256J.025, are insufficient to
meet TANF MOE expenditure requirements,
and if the legislature is not or will
not be in session to take timely action
to avoid a federal penalty, the
commissioner may report nonfederal
expenditures from other allowable
sources as TANF MOE expenditures after
the requirements of this paragraph are
met.
The commissioner may report nonfederal
expenditures in addition to those
specified under paragraph (a) as
nonfederal TANF MOE expenditures, but
only ten days after the commissioner of
finance has first submitted the
commissioner's recommendations for
additional allowable sources of
nonfederal TANF MOE expenditures to the
members of the legislative commission
on planning and fiscal policy for their
review.
(e) The commissioner of finance shall
not incorporate any changes in federal
TANF expenditures or nonfederal
expenditures for TANF MOE that may
result from reporting additional
allowable sources of nonfederal TANF
MOE expenditures under the interim
procedures in paragraph (d) into the
February or November forecasts required
under Minnesota Statutes, section
16A.103, unless the commissioner of
finance has approved the additional
sources of expenditures under paragraph
(d).
(f) The provisions of paragraphs (a) to
(e) supersede any contrary provisions
in Laws 1999, chapter 245, article 1,
section 2, subdivision 10.
(g) The provisions of Minnesota
Statutes, section 256.011, subdivision
3, which require that federal grants or
aids secured or obtained under that
subdivision be used to reduce any
direct appropriations provided by law
do not apply if the grants or aids are
federal TANF funds.
(h) Notwithstanding section 6 of this
article, paragraphs (a) to (g) expire
June 30, 2003.
(i) Paragraphs (a) to (h) are effective
the day following final enactment.
(a) Assistance to Families Grants
9,628,000 (2,305,000)
(b) Work Grants
-0- (250,000)
(c) AFDC and Other Assistance
20,000,000 30,734,000
[TRANSFERS TO MINNESOTA HOUSING FINANCE
AGENCY.] (a) By June 30, 2001, the
commissioner shall transfer $50,000,000
of the general funds appropriated under
this paragraph to the Minnesota housing
finance agency for transfer to the
housing development fund. The program
funded by this transfer shall be known
as the "Bruce F. Vento Year 2000
Affordable Housing Program." Up to
$15,000,000 may be transferred in
fiscal year 2000.
(b) Of the funds transferred in
paragraph (a), $5,000,000 in fiscal
year 2001 and $15,000,000 in fiscal
year 2002 is for a loan to Habitat for
Humanity of Minnesota, Inc. The loan
shall be an interest-free deferred
loan. The loan shall become due and
payable in the event and to the extent
that Habitat for Humanity of Minnesota,
Inc. does not invest repayments and
prepayment of mortgage loans financed
with this appropriation in new
mortgages for additional homebuyers
through Habitat for Humanity of
Minnesota, Inc. To the extent
practicable, funding must be allocated
to Habitat for Humanity chapters on the
basis of the number of MFIP households
residing within a chapter's service
area compared to the statewide total of
MFIP households and on the basis of a
chapter's capacity.
(c) Of the funds transferred in
paragraph (a), $15,000,000 in fiscal
year 2001 and $15,000,000 in fiscal
year 2002 is for the affordable rental
investment fund program under Minnesota
Statutes, section 462A.21, subdivision
8b. To the extent practicable, the
number of units financed with the
appropriation under this paragraph
within a city, county, or region shall
reflect the number of MFIP households
residing within the city, county, or
region compared to the statewide total
of MFIP households. This appropriation
must be used to finance rental housing
units that serve families:
(1) receiving MFIP benefits under
Minnesota Statutes, section 256J.01, or
its successor program; and
(2) who have lost eligibility for MFIP
due to increased income from employment
or due to the collection of child or
spousal support under part D of title
IV of the Social Security Act.
Units produced with this appropriation
must remain affordable for a 30-year
period.
In order to coordinate the availability
of housing developed with the
appropriation under this paragraph with
MFIP families in need of affordable
housing, the commissioner of the
Minnesota housing finance agency, with
the assistance of the commissioner of
human services, shall establish
cooperative relationships with county
agencies as defined in Minnesota
Statutes, section 256J.08, local
employment and training service
providers as defined in Minnesota
Statutes, section 256J.49, local social
service agencies, or other
organizations that provide assistance
to MFIP households.
The commissioner of the Minnesota
housing finance agency shall develop
strategies to promote occupancy of the
units financed by the appropriation
under this paragraph by households most
in need of subsidized housing. The
strategies shall include provisions
that encourage households to move into
homeownership or unsubsidized housing
as the household secures stable
employment and achieves
self-sufficiency. The commissioner of
the Minnesota housing finance agency
shall consult with interested parties
in developing these strategies.
(d) The commissioner of the Minnesota
housing finance agency and the
commissioner of human services shall
jointly prepare and submit a report to
the governor and the legislature on the
results of the funding provided under
this section. The report shall include:
(1) information on the number of units
produced;
(2) the household size and income of
the occupants of the units at initial
occupancy; and
(3) to the extent the information is
available, measures related to the
occupants' attachment to the workforce
and public assistance usage, and number
of occupant moves.
The report must be submitted annually
beginning January 15, 2003.
(e) Section 6, sunset of uncodified
language, does not apply to paragraphs
(a) to (d). Paragraphs (a) to (d) are
effective the day following final
enactment.
[WORKING FAMILY CREDIT.] (a) On a
regular basis, the commissioner of
revenue, with the assistance of the
commissioner of human services, shall
calculate the value of the refundable
portion of the Minnesota working family
credits provided under Minnesota
Statutes, section 290.0671, that
qualifies for federal reimbursement
from the temporary assistance to needy
families block grant. The commissioner
of revenue shall provide the
commissioner of human services with
such expenditure records and
information as are necessary to support
draws of federal funds. The
commissioner of human services shall
reimburse the commissioner of revenue
for the costs of providing the
information required by this paragraph.
(b) Federal TANF funds, as specified in
this paragraph, are appropriated to the
commissioner of human services based on
calculations under paragraph (a) of
working family tax credit expenditures
that qualify for reimbursement from the
TANF block grant for income tax refunds
payable in federal fiscal years
beginning October 1, 1999. The draws
of federal TANF funds shall be made on
a regular basis based on calculations
of credit expenditures by the
commissioner of revenue. Up to the
following amounts of federal TANF draws
are appropriated to the commissioner of
human services to deposit into the
general fund: in fiscal year 2000,
$30,957,000; and in fiscal year 2001,
$33,895,000.
(d) General Assistance
557,000 (3,134,000)
(e) Minnesota Supplemental Aid
324,000 323,000
Sec. 3. COMMISSIONER OF HEALTH
Subdivision 1. Total
Appropriation -0- 1,040,000
Summary by Fund
General -0- 1,040,000
This appropriation is added to the
appropriation in Laws 1999, chapter
245, article 1, section 3.
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Health Systems
and Special Populations -0- 865,000
Summary by Fund
General -0- 865,000
[POISON INFORMATION CENTERS.] Of the
general fund appropriation for the
fiscal year beginning July 1, 2000,
$790,000 is to the commissioner for the
operation of poison information centers
authorized under Minnesota Statutes,
section 145.93. This is a one-time
appropriation.
[BASE LEVEL REDUCTION.] For fiscal
years 2002 and 2003, the base level
appropriation for Minnesota poison
information centers under Minnesota
Statutes, section 145.93 shall be
reduced by $380,000 each year. Section
6, sunset of uncodified language, does
not apply to this provision.
[FUNERAL AND PRENEED COMPLAINT
RESPONSES.] (a) Of this appropriation,
$75,000 in fiscal year 2001 is to the
commissioner for the purposes of
responding to complaints as required
under Minnesota Statutes, chapter
149A. To the extent that resources are
available, the commissioner shall also
provide information and technical
assistance to the organizations
regulated under that chapter. This
appropriation shall not become part of
base level funding for the 2002-2003
biennium.
(b) The commissioner shall make
recommendations by January 15, 2001, to
the chairs of the senate health and
family security budget division and the
house health and human services finance
committee on whether there is a need
for additional funding for ongoing
implementation of the regulatory
provisions of Minnesota Statutes,
chapter 149A, and if so, proposals for
an alternative funding source to the
general fund.
Subd. 3. Health Protection -0- 175,000
Summary by Fund
General -0- 175,000
[SEXUALLY TRANSMITTED INFECTIONS.] Of
the general fund appropriation for the
fiscal year beginning July 1, 2000,
$175,000 is to the commissioner to
expand access to free screening and
testing for sexually transmitted
infections. The appropriation must be
used in accordance with Minnesota
Statutes, section 144.065. This is a
one-time appropriation and shall not
become part of base-level funding for
the 2002-2003 biennium.
Sec. 4. HEALTH-RELATED BOARDS
Subdivision 1. Total
Appropriation 150,000 -0-
This appropriation is added to the
appropriation in Laws 1999, chapter
205, article 1, section 5.
The appropriations in this section are
from the state government special
revenue fund.
[NO SPENDING IN EXCESS OF REVENUES.]
The commissioner of finance shall not
permit the allotment, encumbrance, or
expenditure of money appropriated in
this section in excess of the
anticipated biennial revenues or
accumulated surplus revenues from fees
collected by the boards. Neither this
provision nor Minnesota Statutes,
section 214.06, applies to transfers
from the general contingent account.
Subd. 2. BOARD OF PSYCHOLOGY 150,000 -0-
[LEGAL COSTS.] Of this appropriation,
$150,000 for the fiscal year beginning
July 1, 1999, is to the board to pay
for extraordinary legal costs. This is
a one-time appropriation and shall not
become part of base-level funding for
the 2002-2003 biennium.
Sec. 5. CARRYOVER LIMITATION
None of the appropriations in articles
8 to 11 which are allowed to be carried
forward from fiscal year 2000 to fiscal
year 2001 shall become part of the base
level funding for the 2002-2003
biennial budget, unless specifically
directed by the legislature.
Sec. 6. SUNSET OF UNCODIFIED LANGUAGE
All uncodified language contained in
this article expires on June 30, 2001,
unless a different expiration date is
explicit.
Sec. 7. [EFFECTIVE DATE.]
The appropriations and reductions for fiscal year 2000 in
this article are effective the day following final enactment.
ARTICLE 9
HEALTH CARE
Section 1. Minnesota Statutes 1998, section 144.551,
subdivision 1, is amended to read:
Subdivision 1. [RESTRICTED CONSTRUCTION OR MODIFICATION.]
(a) The following construction or modification may not be
commenced:
(1) any erection, building, alteration, reconstruction,
modernization, improvement, extension, lease, or other
acquisition by or on behalf of a hospital that increases the bed
capacity of a hospital, relocates hospital beds from one
physical facility, complex, or site to another, or otherwise
results in an increase or redistribution of hospital beds within
the state; and
(2) the establishment of a new hospital.
(b) This section does not apply to:
(1) construction or relocation within a county by a
hospital, clinic, or other health care facility that is a
national referral center engaged in substantial programs of
patient care, medical research, and medical education meeting
state and national needs that receives more than 40 percent of
its patients from outside the state of Minnesota;
(2) a project for construction or modification for which a
health care facility held an approved certificate of need on May
1, 1984, regardless of the date of expiration of the
certificate;
(3) a project for which a certificate of need was denied
before July 1, 1990, if a timely appeal results in an order
reversing the denial;
(4) a project exempted from certificate of need
requirements by Laws 1981, chapter 200, section 2;
(5) a project involving consolidation of pediatric
specialty hospital services within the Minneapolis-St. Paul
metropolitan area that would not result in a net increase in the
number of pediatric specialty hospital beds among the hospitals
being consolidated;
(6) a project involving the temporary relocation of
pediatric-orthopedic hospital beds to an existing licensed
hospital that will allow for the reconstruction of a new
philanthropic, pediatric-orthopedic hospital on an existing site
and that will not result in a net increase in the number of
hospital beds. Upon completion of the reconstruction, the
licenses of both hospitals must be reinstated at the capacity
that existed on each site before the relocation;
(7) the relocation or redistribution of hospital beds
within a hospital building or identifiable complex of buildings
provided the relocation or redistribution does not result in:
(i) an increase in the overall bed capacity at that site; (ii)
relocation of hospital beds from one physical site or complex to
another; or (iii) redistribution of hospital beds within the
state or a region of the state;
(8) relocation or redistribution of hospital beds within a
hospital corporate system that involves the transfer of beds
from a closed facility site or complex to an existing site or
complex provided that: (i) no more than 50 percent of the
capacity of the closed facility is transferred; (ii) the
capacity of the site or complex to which the beds are
transferred does not increase by more than 50 percent; (iii) the
beds are not transferred outside of a federal health systems
agency boundary in place on July 1, 1983; and (iv) the
relocation or redistribution does not involve the construction
of a new hospital building;
(9) a construction project involving up to 35 new beds in a
psychiatric hospital in Rice county that primarily serves
adolescents and that receives more than 70 percent of its
patients from outside the state of Minnesota;
(10) a project to replace a hospital or hospitals with a
combined licensed capacity of 130 beds or less if: (i) the new
hospital site is located within five miles of the current site;
and (ii) the total licensed capacity of the replacement
hospital, either at the time of construction of the initial
building or as the result of future expansion, will not exceed
70 licensed hospital beds, or the combined licensed capacity of
the hospitals, whichever is less;
(11) the relocation of licensed hospital beds from an
existing state facility operated by the commissioner of human
services to a new or existing facility, building, or complex
operated by the commissioner of human services; from one
regional treatment center site to another; or from one building
or site to a new or existing building or site on the same
campus; or
(12) the construction or relocation of hospital beds
operated by a hospital having a statutory obligation to provide
hospital and medical services for the indigent that does not
result in a net increase in the number of hospital beds; or
(13) a construction project involving the addition of up to
31 new beds in an existing nonfederal hospital in Beltrami
county.
Sec. 2. Minnesota Statutes 1998, section 144A.071,
subdivision 4a, is amended to read:
Subd. 4a. [EXCEPTIONS FOR REPLACEMENT BEDS.] It is in the
best interest of the state to ensure that nursing homes and
boarding care homes continue to meet the physical plant
licensing and certification requirements by permitting certain
construction projects. Facilities should be maintained in
condition to satisfy the physical and emotional needs of
residents while allowing the state to maintain control over
nursing home expenditure growth.
The commissioner of health in coordination with the
commissioner of human services, may approve the renovation,
replacement, upgrading, or relocation of a nursing home or
boarding care home, under the following conditions:
(a) to license or certify beds in a new facility
constructed to replace a facility or to make repairs in an
existing facility that was destroyed or damaged after June 30,
1987, by fire, lightning, or other hazard provided:
(i) destruction was not caused by the intentional act of or
at the direction of a controlling person of the facility;
(ii) at the time the facility was destroyed or damaged the
controlling persons of the facility maintained insurance
coverage for the type of hazard that occurred in an amount that
a reasonable person would conclude was adequate;
(iii) the net proceeds from an insurance settlement for the
damages caused by the hazard are applied to the cost of the new
facility or repairs;
(iv) the new facility is constructed on the same site as
the destroyed facility or on another site subject to the
restrictions in section 144A.073, subdivision 5;
(v) the number of licensed and certified beds in the new
facility does not exceed the number of licensed and certified
beds in the destroyed facility; and
(vi) the commissioner determines that the replacement beds
are needed to prevent an inadequate supply of beds.
Project construction costs incurred for repairs authorized under
this clause shall not be considered in the dollar threshold
amount defined in subdivision 2;
(b) to license or certify beds that are moved from one
location to another within a nursing home facility, provided the
total costs of remodeling performed in conjunction with the
relocation of beds does not exceed $750,000;
(c) to license or certify beds in a project recommended for
approval under section 144A.073;
(d) to license or certify beds that are moved from an
existing state nursing home to a different state facility,
provided there is no net increase in the number of state nursing
home beds;
(e) to certify and license as nursing home beds boarding
care beds in a certified boarding care facility if the beds meet
the standards for nursing home licensure, or in a facility that
was granted an exception to the moratorium under section
144A.073, and if the cost of any remodeling of the facility does
not exceed $750,000. If boarding care beds are licensed as
nursing home beds, the number of boarding care beds in the
facility must not increase beyond the number remaining at the
time of the upgrade in licensure. The provisions contained in
section 144A.073 regarding the upgrading of the facilities do
not apply to facilities that satisfy these requirements;
(f) to license and certify up to 40 beds transferred from
an existing facility owned and operated by the Amherst H. Wilder
Foundation in the city of St. Paul to a new unit at the same
location as the existing facility that will serve persons with
Alzheimer's disease and other related disorders. The transfer
of beds may occur gradually or in stages, provided the total
number of beds transferred does not exceed 40. At the time of
licensure and certification of a bed or beds in the new unit,
the commissioner of health shall delicense and decertify the
same number of beds in the existing facility. As a condition of
receiving a license or certification under this clause, the
facility must make a written commitment to the commissioner of
human services that it will not seek to receive an increase in
its property-related payment rate as a result of the transfers
allowed under this paragraph;
(g) to license and certify nursing home beds to replace
currently licensed and certified boarding care beds which may be
located either in a remodeled or renovated boarding care or
nursing home facility or in a remodeled, renovated, newly
constructed, or replacement nursing home facility within the
identifiable complex of health care facilities in which the
currently licensed boarding care beds are presently located,
provided that the number of boarding care beds in the facility
or complex are decreased by the number to be licensed as nursing
home beds and further provided that, if the total costs of new
construction, replacement, remodeling, or renovation exceed ten
percent of the appraised value of the facility or $200,000,
whichever is less, the facility makes a written commitment to
the commissioner of human services that it will not seek to
receive an increase in its property-related payment rate by
reason of the new construction, replacement, remodeling, or
renovation. The provisions contained in section 144A.073
regarding the upgrading of facilities do not apply to facilities
that satisfy these requirements;
(h) to license as a nursing home and certify as a nursing
facility a facility that is licensed as a boarding care facility
but not certified under the medical assistance program, but only
if the commissioner of human services certifies to the
commissioner of health that licensing the facility as a nursing
home and certifying the facility as a nursing facility will
result in a net annual savings to the state general fund of
$200,000 or more;
(i) to certify, after September 30, 1992, and prior to July
1, 1993, existing nursing home beds in a facility that was
licensed and in operation prior to January 1, 1992;
(j) to license and certify new nursing home beds to replace
beds in a facility acquired by the Minneapolis community
development agency as part of redevelopment activities in a city
of the first class, provided the new facility is located within
three miles of the site of the old facility. Operating and
property costs for the new facility must be determined and
allowed under section 256B.431 or 256B.434;
(k) to license and certify up to 20 new nursing home beds
in a community-operated hospital and attached convalescent and
nursing care facility with 40 beds on April 21, 1991, that
suspended operation of the hospital in April 1986. The
commissioner of human services shall provide the facility with
the same per diem property-related payment rate for each
additional licensed and certified bed as it will receive for its
existing 40 beds;
(l) to license or certify beds in renovation, replacement,
or upgrading projects as defined in section 144A.073,
subdivision 1, so long as the cumulative total costs of the
facility's remodeling projects do not exceed $750,000;
(m) to license and certify beds that are moved from one
location to another for the purposes of converting up to five
four-bed wards to single or double occupancy rooms in a nursing
home that, as of January 1, 1993, was county-owned and had a
licensed capacity of 115 beds;
(n) to allow a facility that on April 16, 1993, was a
106-bed licensed and certified nursing facility located in
Minneapolis to layaway all of its licensed and certified nursing
home beds. These beds may be relicensed and recertified in a
newly-constructed teaching nursing home facility affiliated with
a teaching hospital upon approval by the legislature. The
proposal must be developed in consultation with the interagency
committee on long-term care planning. The beds on layaway
status shall have the same status as voluntarily delicensed and
decertified beds, except that beds on layaway status remain
subject to the surcharge in section 256.9657. This layaway
provision expires July 1, 1998;
(o) to allow a project which will be completed in
conjunction with an approved moratorium exception project for a
nursing home in southern Cass county and which is directly
related to that portion of the facility that must be repaired,
renovated, or replaced, to correct an emergency plumbing problem
for which a state correction order has been issued and which
must be corrected by August 31, 1993;
(p) to allow a facility that on April 16, 1993, was a
368-bed licensed and certified nursing facility located in
Minneapolis to layaway, upon 30 days prior written notice to the
commissioner, up to 30 of the facility's licensed and certified
beds by converting three-bed wards to single or double
occupancy. Beds on layaway status shall have the same status as
voluntarily delicensed and decertified beds except that beds on
layaway status remain subject to the surcharge in section
256.9657, remain subject to the license application and renewal
fees under section 144A.07 and shall be subject to a $100 per
bed reactivation fee. In addition, at any time within three
years of the effective date of the layaway, the beds on layaway
status may be:
(1) relicensed and recertified upon relocation and
reactivation of some or all of the beds to an existing licensed
and certified facility or facilities located in Pine River,
Brainerd, or International Falls; provided that the total
project construction costs related to the relocation of beds
from layaway status for any facility receiving relocated beds
may not exceed the dollar threshold provided in subdivision 2
unless the construction project has been approved through the
moratorium exception process under section 144A.073;
(2) relicensed and recertified, upon reactivation of some
or all of the beds within the facility which placed the beds in
layaway status, if the commissioner has determined a need for
the reactivation of the beds on layaway status.
The property-related payment rate of a facility placing
beds on layaway status must be adjusted by the incremental
change in its rental per diem after recalculating the rental per
diem as provided in section 256B.431, subdivision 3a, paragraph
(d). The property-related payment rate for a facility
relicensing and recertifying beds from layaway status must be
adjusted by the incremental change in its rental per diem after
recalculating its rental per diem using the number of beds after
the relicensing to establish the facility's capacity day
divisor, which shall be effective the first day of the month
following the month in which the relicensing and recertification
became effective. Any beds remaining on layaway status more
than three years after the date the layaway status became
effective must be removed from layaway status and immediately
delicensed and decertified;
(q) to license and certify beds in a renovation and
remodeling project to convert 12 four-bed wards into 24 two-bed
rooms, expand space, and add improvements in a nursing home
that, as of January 1, 1994, met the following conditions: the
nursing home was located in Ramsey county; had a licensed
capacity of 154 beds; and had been ranked among the top 15
applicants by the 1993 moratorium exceptions advisory review
panel. The total project construction cost estimate for this
project must not exceed the cost estimate submitted in
connection with the 1993 moratorium exception process;
(r) to license and certify up to 117 beds that are
relocated from a licensed and certified 138-bed nursing facility
located in St. Paul to a hospital with 130 licensed hospital
beds located in South St. Paul, provided that the nursing
facility and hospital are owned by the same or a related
organization and that prior to the date the relocation is
completed the hospital ceases operation of its inpatient
hospital services at that hospital. After relocation, the
nursing facility's status under section 256B.431, subdivision
2j, shall be the same as it was prior to relocation. The
nursing facility's property-related payment rate resulting from
the project authorized in this paragraph shall become effective
no earlier than April 1, 1996. For purposes of calculating the
incremental change in the facility's rental per diem resulting
from this project, the allowable appraised value of the nursing
facility portion of the existing health care facility physical
plant prior to the renovation and relocation may not exceed
$2,490,000;
(s) to license and certify two beds in a facility to
replace beds that were voluntarily delicensed and decertified on
June 28, 1991;
(t) to allow 16 licensed and certified beds located on July
1, 1994, in a 142-bed nursing home and 21-bed boarding care home
facility in Minneapolis, notwithstanding the licensure and
certification after July 1, 1995, of the Minneapolis facility as
a 147-bed nursing home facility after completion of a
construction project approved in 1993 under section 144A.073, to
be laid away upon 30 days' prior written notice to the
commissioner. Beds on layaway status shall have the same status
as voluntarily delicensed or decertified beds except that they
shall remain subject to the surcharge in section 256.9657. The
16 beds on layaway status may be relicensed as nursing home beds
and recertified at any time within five years of the effective
date of the layaway upon relocation of some or all of the beds
to a licensed and certified facility located in Watertown,
provided that the total project construction costs related to
the relocation of beds from layaway status for the Watertown
facility may not exceed the dollar threshold provided in
subdivision 2 unless the construction project has been approved
through the moratorium exception process under section 144A.073.
The property-related payment rate of the facility placing
beds on layaway status must be adjusted by the incremental
change in its rental per diem after recalculating the rental per
diem as provided in section 256B.431, subdivision 3a, paragraph
(d). The property-related payment rate for the facility
relicensing and recertifying beds from layaway status must be
adjusted by the incremental change in its rental per diem after
recalculating its rental per diem using the number of beds after
the relicensing to establish the facility's capacity day
divisor, which shall be effective the first day of the month
following the month in which the relicensing and recertification
became effective. Any beds remaining on layaway status more
than five years after the date the layaway status became
effective must be removed from layaway status and immediately
delicensed and decertified;
(u) to license and certify beds that are moved within an
existing area of a facility or to a newly constructed addition
which is built for the purpose of eliminating three- and
four-bed rooms and adding space for dining, lounge areas,
bathing rooms, and ancillary service areas in a nursing home
that, as of January 1, 1995, was located in Fridley and had a
licensed capacity of 129 beds;
(v) to relocate 36 beds in Crow Wing county and four beds
from Hennepin county to a 160-bed facility in Crow Wing county,
provided all the affected beds are under common ownership;
(w) to license and certify a total replacement project of
up to 49 beds located in Norman county that are relocated from a
nursing home destroyed by flood and whose residents were
relocated to other nursing homes. The operating cost payment
rates for the new nursing facility shall be determined based on
the interim and settle-up payment provisions of Minnesota Rules,
part 9549.0057, and the reimbursement provisions of section
256B.431, except that subdivision 26, paragraphs (a) and (b),
shall not apply until the second rate year after the settle-up
cost report is filed. Property-related reimbursement rates
shall be determined under section 256B.431, taking into account
any federal or state flood-related loans or grants provided to
the facility;
(x) to license and certify a total replacement project of
up to 129 beds located in Polk county that are relocated from a
nursing home destroyed by flood and whose residents were
relocated to other nursing homes. The operating cost payment
rates for the new nursing facility shall be determined based on
the interim and settle-up payment provisions of Minnesota Rules,
part 9549.0057, and the reimbursement provisions of section
256B.431, except that subdivision 26, paragraphs (a) and (b),
shall not apply until the second rate year after the settle-up
cost report is filed. Property-related reimbursement rates
shall be determined under section 256B.431, taking into account
any federal or state flood-related loans or grants provided to
the facility;
(y) to license and certify beds in a renovation and
remodeling project to convert 13 three-bed wards into 13 two-bed
rooms and 13 single-bed rooms, expand space, and add
improvements in a nursing home that, as of January 1, 1994, met
the following conditions: the nursing home was located in
Ramsey county, was not owned by a hospital corporation, had a
licensed capacity of 64 beds, and had been ranked among the top
15 applicants by the 1993 moratorium exceptions advisory review
panel. The total project construction cost estimate for this
project must not exceed the cost estimate submitted in
connection with the 1993 moratorium exception process;
(z) to license and certify up to 150 nursing home beds to
replace an existing 285 bed nursing facility located in St.
Paul. The replacement project shall include both the renovation
of existing buildings and the construction of new facilities at
the existing site. The reduction in the licensed capacity of
the existing facility shall occur during the construction
project as beds are taken out of service due to the construction
process. Prior to the start of the construction process, the
facility shall provide written information to the commissioner
of health describing the process for bed reduction, plans for
the relocation of residents, and the estimated construction
schedule. The relocation of residents shall be in accordance
with the provisions of law and rule; or
(aa) to allow the commissioner of human services to license
an additional 36 beds to provide residential services for the
physically handicapped under Minnesota Rules, parts 9570.2000 to
9570.3400, in a 198-bed nursing home located in Red Wing,
provided that the total number of licensed and certified beds at
the facility does not increase;
(bb) to license and certify a new facility in St. Louis
county with 44 beds constructed to replace an existing facility
in St. Louis county with 31 beds, which has resident rooms on
two separate floors and an antiquated elevator that creates
safety concerns for residents and prevents nonambulatory
residents from residing on the second floor. The project shall
include the elimination of three- and four-bed rooms;
(cc) to license and certify four beds in a 16-bed certified
boarding care home in Minneapolis to replace beds that were
voluntarily delicensed and decertified on or before March 31,
1992. The licensure and certification is conditional upon the
facility periodically assessing and adjusting its resident mix
and other factors which may contribute to a potential
institution for mental disease declaration. The commissioner of
human services shall retain the authority to audit the facility
at any time and shall require the facility to comply with any
requirements necessary to prevent an institution for mental
disease declaration, including delicensure and decertification
of beds, if necessary; or
(dd) to license and certify 72 beds in an existing facility
in Mille Lacs county with 80 beds as part of a renovation
project. The renovation must include construction of an
addition to accommodate ten residents with beginning and
midstage dementia in a self-contained living unit; creation of
three resident households where dining, activities, and support
spaces are located near resident living quarters; designation of
four beds for rehabilitation in a self-contained area;
designation of 30 private rooms; and other improvements.
Sec. 3. Minnesota Statutes 1998, section 144A.071, is
amended by adding a subdivision to read:
Subd. 4b. [LICENSED BEDS ON LAYAWAY STATUS.] A licensed
and certified nursing facility may lay away, upon prior written
notice to the commissioner of health, up to 50 percent of its
licensed and certified beds. A nursing facility may not
discharge a resident in order to lay away a bed. Notice to the
commissioner shall be given 60 days prior to the effective date
of the layaway. Beds on layaway shall have the same status as
voluntarily delicensed and decertified beds and shall not be
subject to license fees and license surcharge fees. In
addition, beds on layaway may be removed from layaway at any
time on or after one year after the effective date of layaway in
the facility of origin, with a 60-day notice to the
commissioner. A nursing facility that removes beds from layaway
may not place beds on layaway status for one year after the
effective date of the removal from layaway. The commissioner
may approve the immediate removal of beds from layaway if
necessary to provide access to those nursing home beds to
residents relocated from other nursing homes due to emergency
situations or closure. In the event approval is granted, the
one-year restriction on placing beds on layaway after a removal
of beds from layaway shall not apply. Beds may remain on
layaway for up to five years.
Sec. 4. Minnesota Statutes 1998, section 148B.32,
subdivision 1, is amended to read:
Subdivision 1. [UNLICENSED PRACTICE PROHIBITED.] After
adoption of rules by the board implementing sections 148B.29 to
148B.39, no individual shall engage in marriage and family
therapy practice unless that individual holds a valid license
issued under sections 148B.29 to 148B.39.
Marriage and family therapists may not be reimbursed under
medical assistance, chapter 256B, except to the extent such care
is reimbursed under section 256B.0625, subdivision 5, or when
marriage and family therapists are employed by a managed care
organization with a contract to provide mental health care to
medical assistance enrollees, and are reimbursed through the
managed care organization.
Sec. 5. Minnesota Statutes 1998, section 252.28, is
amended by adding a subdivision to read:
Subd. 3b. [OLMSTED COUNTY LICENSING EXEMPTION.] (a)
Notwithstanding subdivision 3, the commissioner may license
service sites each accommodating up to five residents moving
from a 43-bed intermediate care facility for persons with mental
retardation or related conditions located in Olmsted county that
is closing under section 252.292.
(b) Notwithstanding the provisions of any other state law
or administrative rule, the rate provisions of section 256I.05,
subdivision 1, apply to the exception in this subdivision.
Sec. 6. Minnesota Statutes 1999 Supplement, section
256.01, subdivision 2, is amended to read:
Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of
section 241.021, subdivision 2, the commissioner of human
services shall:
(1) Administer and supervise all forms of public assistance
provided for by state law and other welfare activities or
services as are vested in the commissioner. Administration and
supervision of human services activities or services includes,
but is not limited to, assuring timely and accurate distribution
of benefits, completeness of service, and quality program
management. In addition to administering and supervising human
services activities vested by law in the department, the
commissioner shall have the authority to:
(a) require county agency participation in training and
technical assistance programs to promote compliance with
statutes, rules, federal laws, regulations, and policies
governing human services;
(b) monitor, on an ongoing basis, the performance of county
agencies in the operation and administration of human services,
enforce compliance with statutes, rules, federal laws,
regulations, and policies governing welfare services and promote
excellence of administration and program operation;
(c) develop a quality control program or other monitoring
program to review county performance and accuracy of benefit
determinations;
(d) require county agencies to make an adjustment to the
public assistance benefits issued to any individual consistent
with federal law and regulation and state law and rule and to
issue or recover benefits as appropriate;
(e) delay or deny payment of all or part of the state and
federal share of benefits and administrative reimbursement
according to the procedures set forth in section 256.017;
(f) make contracts with and grants to public and private
agencies and organizations, both profit and nonprofit, and
individuals, using appropriated funds; and
(g) enter into contractual agreements with federally
recognized Indian tribes with a reservation in Minnesota to the
extent necessary for the tribe to operate a federally approved
family assistance program or any other program under the
supervision of the commissioner. The commissioner shall consult
with the affected county or counties in the contractual
agreement negotiations, if the county or counties wish to be
included, in order to avoid the duplication of county and tribal
assistance program services. The commissioner may establish
necessary accounts for the purposes of receiving and disbursing
funds as necessary for the operation of the programs.
(2) Inform county agencies, on a timely basis, of changes
in statute, rule, federal law, regulation, and policy necessary
to county agency administration of the programs.
(3) Administer and supervise all child welfare activities;
promote the enforcement of laws protecting handicapped,
dependent, neglected and delinquent children, and children born
to mothers who were not married to the children's fathers at the
times of the conception nor at the births of the children;
license and supervise child-caring and child-placing agencies
and institutions; supervise the care of children in boarding and
foster homes or in private institutions; and generally perform
all functions relating to the field of child welfare now vested
in the state board of control.
(4) Administer and supervise all noninstitutional service
to handicapped persons, including those who are visually
impaired, hearing impaired, or physically impaired or otherwise
handicapped. The commissioner may provide and contract for the
care and treatment of qualified indigent children in facilities
other than those located and available at state hospitals when
it is not feasible to provide the service in state hospitals.
(5) Assist and actively cooperate with other departments,
agencies and institutions, local, state, and federal, by
performing services in conformity with the purposes of Laws
1939, chapter 431.
(6) Act as the agent of and cooperate with the federal
government in matters of mutual concern relative to and in
conformity with the provisions of Laws 1939, chapter 431,
including the administration of any federal funds granted to the
state to aid in the performance of any functions of the
commissioner as specified in Laws 1939, chapter 431, and
including the promulgation of rules making uniformly available
medical care benefits to all recipients of public assistance, at
such times as the federal government increases its participation
in assistance expenditures for medical care to recipients of
public assistance, the cost thereof to be borne in the same
proportion as are grants of aid to said recipients.
(7) Establish and maintain any administrative units
reasonably necessary for the performance of administrative
functions common to all divisions of the department.
(8) Act as designated guardian of both the estate and the
person of all the wards of the state of Minnesota, whether by
operation of law or by an order of court, without any further
act or proceeding whatever, except as to persons committed as
mentally retarded. For children under the guardianship of the
commissioner whose interests would be best served by adoptive
placement, the commissioner may contract with a licensed
child-placing agency to provide adoption services. A contract
with a licensed child-placing agency must be designed to
supplement existing county efforts and may not replace existing
county programs, unless the replacement is agreed to by the
county board and the appropriate exclusive bargaining
representative or the commissioner has evidence that child
placements of the county continue to be substantially below that
of other counties. Funds encumbered and obligated under an
agreement for a specific child shall remain available until the
terms of the agreement are fulfilled or the agreement is
terminated.
(9) Act as coordinating referral and informational center
on requests for service for newly arrived immigrants coming to
Minnesota.
(10) The specific enumeration of powers and duties as
hereinabove set forth shall in no way be construed to be a
limitation upon the general transfer of powers herein contained.
(11) Establish county, regional, or statewide schedules of
maximum fees and charges which may be paid by county agencies
for medical, dental, surgical, hospital, nursing and nursing
home care and medicine and medical supplies under all programs
of medical care provided by the state and for congregate living
care under the income maintenance programs.
(12) Have the authority to conduct and administer
experimental projects to test methods and procedures of
administering assistance and services to recipients or potential
recipients of public welfare. To carry out such experimental
projects, it is further provided that the commissioner of human
services is authorized to waive the enforcement of existing
specific statutory program requirements, rules, and standards in
one or more counties. The order establishing the waiver shall
provide alternative methods and procedures of administration,
shall not be in conflict with the basic purposes, coverage, or
benefits provided by law, and in no event shall the duration of
a project exceed four years. It is further provided that no
order establishing an experimental project as authorized by the
provisions of this section shall become effective until the
following conditions have been met:
(a) The secretary of health and human services of the
United States has agreed, for the same project, to waive state
plan requirements relative to statewide uniformity.
(b) A comprehensive plan, including estimated project
costs, shall be approved by the legislative advisory commission
and filed with the commissioner of administration.
(13) According to federal requirements, establish
procedures to be followed by local welfare boards in creating
citizen advisory committees, including procedures for selection
of committee members.
(14) Allocate federal fiscal disallowances or sanctions
which are based on quality control error rates for the aid to
families with dependent children program formerly codified in
sections 256.72 to 256.87, medical assistance, or food stamp
program in the following manner:
(a) One-half of the total amount of the disallowance shall
be borne by the county boards responsible for administering the
programs. For the medical assistance and the AFDC program
formerly codified in sections 256.72 to 256.87, disallowances
shall be shared by each county board in the same proportion as
that county's expenditures for the sanctioned program are to the
total of all counties' expenditures for the AFDC program
formerly codified in sections 256.72 to 256.87, and medical
assistance programs. For the food stamp program, sanctions
shall be shared by each county board, with 50 percent of the
sanction being distributed to each county in the same proportion
as that county's administrative costs for food stamps are to the
total of all food stamp administrative costs for all counties,
and 50 percent of the sanctions being distributed to each county
in the same proportion as that county's value of food stamp
benefits issued are to the total of all benefits issued for all
counties. Each county shall pay its share of the disallowance
to the state of Minnesota. When a county fails to pay the
amount due hereunder, the commissioner may deduct the amount
from reimbursement otherwise due the county, or the attorney
general, upon the request of the commissioner, may institute
civil action to recover the amount due.
(b) Notwithstanding the provisions of paragraph (a), if the
disallowance results from knowing noncompliance by one or more
counties with a specific program instruction, and that knowing
noncompliance is a matter of official county board record, the
commissioner may require payment or recover from the county or
counties, in the manner prescribed in paragraph (a), an amount
equal to the portion of the total disallowance which resulted
from the noncompliance, and may distribute the balance of the
disallowance according to paragraph (a).
(15) Develop and implement special projects that maximize
reimbursements and result in the recovery of money to the
state. For the purpose of recovering state money, the
commissioner may enter into contracts with third parties. Any
recoveries that result from projects or contracts entered into
under this paragraph shall be deposited in the state treasury
and credited to a special account until the balance in the
account reaches $1,000,000. When the balance in the account
exceeds $1,000,000, the excess shall be transferred and credited
to the general fund. All money in the account is appropriated
to the commissioner for the purposes of this paragraph.
(16) Have the authority to make direct payments to
facilities providing shelter to women and their children
according to section 256D.05, subdivision 3. Upon the written
request of a shelter facility that has been denied payments
under section 256D.05, subdivision 3, the commissioner shall
review all relevant evidence and make a determination within 30
days of the request for review regarding issuance of direct
payments to the shelter facility. Failure to act within 30 days
shall be considered a determination not to issue direct payments.
(17) Have the authority to establish and enforce the
following county reporting requirements:
(a) The commissioner shall establish fiscal and statistical
reporting requirements necessary to account for the expenditure
of funds allocated to counties for human services programs.
When establishing financial and statistical reporting
requirements, the commissioner shall evaluate all reports, in
consultation with the counties, to determine if the reports can
be simplified or the number of reports can be reduced.
(b) The county board shall submit monthly or quarterly
reports to the department as required by the commissioner.
Monthly reports are due no later than 15 working days after the
end of the month. Quarterly reports are due no later than 30
calendar days after the end of the quarter, unless the
commissioner determines that the deadline must be shortened to
20 calendar days to avoid jeopardizing compliance with federal
deadlines or risking a loss of federal funding. Only reports
that are complete, legible, and in the required format shall be
accepted by the commissioner.
(c) If the required reports are not received by the
deadlines established in clause (b), the commissioner may delay
payments and withhold funds from the county board until the next
reporting period. When the report is needed to account for the
use of federal funds and the late report results in a reduction
in federal funding, the commissioner shall withhold from the
county boards with late reports an amount equal to the reduction
in federal funding until full federal funding is received.
(d) A county board that submits reports that are late,
illegible, incomplete, or not in the required format for two out
of three consecutive reporting periods is considered
noncompliant. When a county board is found to be noncompliant,
the commissioner shall notify the county board of the reason the
county board is considered noncompliant and request that the
county board develop a corrective action plan stating how the
county board plans to correct the problem. The corrective
action plan must be submitted to the commissioner within 45 days
after the date the county board received notice of noncompliance.
(e) The final deadline for fiscal reports or amendments to
fiscal reports is one year after the date the report was
originally due. If the commissioner does not receive a report
by the final deadline, the county board forfeits the funding
associated with the report for that reporting period and the
county board must repay any funds associated with the report
received for that reporting period.
(f) The commissioner may not delay payments, withhold
funds, or require repayment under paragraph (c) or (e) if the
county demonstrates that the commissioner failed to provide
appropriate forms, guidelines, and technical assistance to
enable the county to comply with the requirements. If the
county board disagrees with an action taken by the commissioner
under paragraph (c) or (e), the county board may appeal the
action according to sections 14.57 to 14.69.
(g) Counties subject to withholding of funds under
paragraph (c) or forfeiture or repayment of funds under
paragraph (e) shall not reduce or withhold benefits or services
to clients to cover costs incurred due to actions taken by the
commissioner under paragraph (c) or (e).
(18) Allocate federal fiscal disallowances or sanctions for
audit exceptions when federal fiscal disallowances or sanctions
are based on a statewide random sample for the foster care
program under title IV-E of the Social Security Act, United
States Code, title 42, in direct proportion to each county's
title IV-E foster care maintenance claim for that period.
(19) Be responsible for ensuring the detection, prevention,
investigation, and resolution of fraudulent activities or
behavior by applicants, recipients, and other participants in
the human services programs administered by the department.
(20) Require county agencies to identify overpayments,
establish claims, and utilize all available and cost-beneficial
methodologies to collect and recover these overpayments in the
human services programs administered by the department.
(21) Have the authority to administer a drug rebate program
for drugs purchased pursuant to the senior citizen prescription
drug program established under section 256.955 after the
beneficiary's satisfaction of any deductible established in the
program. The commissioner shall require a rebate agreement from
all manufacturers of covered drugs as defined in section
256B.0625, subdivision 13. Rebate agreements for prescription
drugs delivered on or after July 1, 2002, must include rebates
for individuals covered under the prescription drug program who
are under 65 years of age. For each drug, the amount of the
rebate shall be equal to the basic rebate as defined for
purposes of the federal rebate program in United States Code,
title 42, section 1396r-8(c)(1). This basic rebate shall be
applied to single-source and multiple-source drugs. The
manufacturers must provide full payment within 30 days of
receipt of the state invoice for the rebate within the terms and
conditions used for the federal rebate program established
pursuant to section 1927 of title XIX of the Social Security
Act. The manufacturers must provide the commissioner with any
information necessary to verify the rebate determined per drug.
The rebate program shall utilize the terms and conditions used
for the federal rebate program established pursuant to section
1927 of title XIX of the Social Security Act.
(22) Operate the department's communication systems account
established in Laws 1993, First Special Session chapter 1,
article 1, section 2, subdivision 2, to manage shared
communication costs necessary for the operation of the programs
the commissioner supervises. A communications account may also
be established for each regional treatment center which operates
communications systems. Each account must be used to manage
shared communication costs necessary for the operations of the
programs the commissioner supervises. The commissioner may
distribute the costs of operating and maintaining communication
systems to participants in a manner that reflects actual usage.
Costs may include acquisition, licensing, insurance,
maintenance, repair, staff time and other costs as determined by
the commissioner. Nonprofit organizations and state, county,
and local government agencies involved in the operation of
programs the commissioner supervises may participate in the use
of the department's communications technology and share in the
cost of operation. The commissioner may accept on behalf of the
state any gift, bequest, devise or personal property of any
kind, or money tendered to the state for any lawful purpose
pertaining to the communication activities of the department.
Any money received for this purpose must be deposited in the
department's communication systems accounts. Money collected by
the commissioner for the use of communication systems must be
deposited in the state communication systems account and is
appropriated to the commissioner for purposes of this section.
(23) Receive any federal matching money that is made
available through the medical assistance program for the
consumer satisfaction survey. Any federal money received for
the survey is appropriated to the commissioner for this
purpose. The commissioner may expend the federal money received
for the consumer satisfaction survey in either year of the
biennium.
(24) Incorporate cost reimbursement claims from First Call
Minnesota into the federal cost reimbursement claiming processes
of the department according to federal law, rule, and
regulations. Any reimbursement received is appropriated to the
commissioner and shall be disbursed to First Call Minnesota
according to normal department payment schedules.
(25) Develop recommended standards for foster care homes
that address the components of specialized therapeutic services
to be provided by foster care homes with those services.
Sec. 7. Minnesota Statutes 1998, section 256.955,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The commissioner of human
services shall establish and administer a senior
citizen prescription drug program. Qualified senior citizens
shall be eligible for prescription drug coverage under the
program beginning no later than January 1, 1999.
Sec. 8. Minnesota Statutes 1998, section 256.955,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] (a) For purposes of this section,
the following definitions apply.
(b) "Health plan" has the meaning provided in section
62Q.01, subdivision 3.
(c) "Health plan company" has the meaning provided in
section 62Q.01, subdivision 4.
(d) "Qualified senior citizen individual" means an
individual age 65 or older who: meets the requirements described
in subdivision 2a or 2b, and:
(1) is eligible as a qualified Medicare beneficiary
according to section 256B.057, subdivision 3 or 3a, or is
eligible under section 256B.057, subdivision 3 or 3a, and is
also eligible for medical assistance or general assistance
medical care with a spenddown as defined in section 256B.056,
subdivision 5. Persons who are determined eligible for who is
not determined eligible for medical assistance according to
section 256B.0575, who are is not determined eligible for
medical assistance or general assistance medical care without a
spenddown, or who are is not enrolled in MinnesotaCare, are not
eligible for this program;
(2) is not enrolled in prescription drug coverage under a
health plan;
(3) is not enrolled in prescription drug coverage under a
Medicare supplement plan, as defined in sections 62A.31 to
62A.44, or policies, contracts, or certificates that supplement
Medicare issued by health maintenance organizations or those
policies, contracts, or certificates governed by section 1833 or
1876 of the federal Social Security Act, United States Code,
title 42, section 1395, et seq., as amended;
(4) has not had coverage described in clauses (2) and (3)
for at least four months prior to application for the program;
and
(5) is a permanent resident of Minnesota as defined in
section 256L.09.
EFFECTIVE DATE: This section is effective October 1, 2000.
Sec. 9. Minnesota Statutes 1998, section 256.955, is
amended by adding a subdivision to read:
Subd. 2a. [ELIGIBILITY.] (a) An individual satisfying the
following requirements and the requirements described in
subdivision 2, paragraph (d), is eligible for the prescription
drug program:
(1) is at least 65 years of age or older; and
(2) is eligible as a qualified Medicare beneficiary
according to section 256B.057, subdivision 3 or 3a, or is
eligible under section 256B.057, subdivision 3 or 3a, and is
also eligible for medical assistance or general assistance
medical care with a spenddown as defined in section 256B.056,
subdivision 5.
EFFECTIVE DATE: This section is effective October 1, 2000.
Sec. 10. Minnesota Statutes 1998, section 256.955, is
amended by adding a subdivision to read:
Subd. 2b. [ELIGIBILITY.] (a) Effective July 1, 2002, an
individual satisfying the following requirements and the
requirements described in subdivision 2, paragraph (d), is
eligible for the prescription drug program:
(1) is under 65 years of age; and
(2) is eligible as a qualified Medicare beneficiary
according to section 256B.057, subdivision 3, or is eligible
under section 256B.057, subdivision 3, and is also eligible for
medical assistance or general assistance medical care with a
spenddown as defined in section 256B.056, subdivision 5.
Sec. 11. Minnesota Statutes 1999 Supplement, section
256.955, subdivision 4, is amended to read:
Subd. 4. [APPLICATION PROCEDURES AND COORDINATION WITH
MEDICAL ASSISTANCE.] Applications and information on the program
must be made available at county social service agencies, health
care provider offices, and agencies and organizations serving
senior citizens and persons with disabilities. Senior citizens
Individuals shall submit applications and any information
specified by the commissioner as being necessary to verify
eligibility directly to the county social service agencies:
(1) beginning January 1, 1999, the county social service
agency shall determine medical assistance spenddown eligibility
of individuals who qualify for the senior citizen prescription
drug program of individuals; and
(2) program payments will be used to reduce the spenddown
obligations of individuals who are determined to be eligible for
medical assistance with a spenddown as defined in section
256B.056, subdivision 5.
Seniors Qualified individuals who are eligible for medical
assistance with a spenddown shall be financially responsible for
the deductible amount up to the satisfaction of the spenddown.
No deductible applies once the spenddown has been met. Payments
to providers for prescription drugs for persons eligible under
this subdivision shall be reduced by the deductible.
County social service agencies shall determine an
applicant's eligibility for the program within 30 days from the
date the application is received. Eligibility begins the month
after approval.
Sec. 12. Minnesota Statutes 1999 Supplement, section
256.955, subdivision 8, is amended to read:
Subd. 8. [REPORT.] The commissioner shall annually report
to the legislature on the senior citizen prescription drug
program. The report must include demographic information on
enrollees, per-prescription expenditures, total program
expenditures, hospital and nursing home costs avoided by
enrollees, any savings to medical assistance and Medicare
resulting from the provision of prescription drug coverage under
Medicare by health maintenance organizations, other public and
private options for drug assistance to the senior covered
population, any hardships caused by the annual deductible, and
any recommendations for changes in the senior prescription drug
program.
Sec. 13. Minnesota Statutes 1999 Supplement, section
256.955, subdivision 9, is amended to read:
Subd. 9. [PROGRAM LIMITATION.] The commissioner shall
administer the senior prescription drug program so that the
costs total no more than funds appropriated plus the drug rebate
proceeds. Senior Prescription drug program rebate revenues are
appropriated to the commissioner and shall be expended to
augment funding of the senior prescription drug program. New
enrollment shall cease if the commissioner determines that,
given current enrollment, costs of the program will exceed
appropriated funds and rebate proceeds. This section shall be
repealed upon federal approval of the waiver to allow the
commissioner to provide prescription drug coverage for qualified
Medicare beneficiaries whose income is less than 150 percent of
the federal poverty guidelines.
Sec. 14. Minnesota Statutes 1998, section 256.9751, is
amended to read:
256.9751 [CONGREGATE HOUSING ON-SITE COORDINATION (OSC)
SERVICES PROJECTS.]
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the following terms have the meanings given them.
(a) [CONGREGATE HOUSING.] "Congregate housing" means
federally or locally subsidized housing and nonsubsidized low-
and moderate-income multifamily housing units which may not have
common areas for activities and for serving food, designed for
the elderly, consisting of private apartments and common areas
which can be used for activities and for serving meals.
(b) [CONGREGATE HOUSING ON-SITE COORDINATION SERVICES
PROJECTS.] "Congregate housing On-site coordination services
project" means a project in which services are or could be made
available to older persons age 55 or older who live
in subsidized housing a designated service area and which helps
delay or prevent nursing home placement them remain
independent. To be considered a congregate housing an on-site
coordination services project, a project must have: (1) an
on-site coordinator, and; (2) a plan for assuring the
availability of one meal per day, seven days a week, for each
elderly participant in need who needs a meal to continue to live
independently; and (3) an approved designated service area.
(c) [ON-SITE COORDINATOR.] "On-site coordinator" means a
person who works on-site in a building or buildings designated
service area and who serves as a contact for older persons who
need services, support, and assistance in order to delay or
prevent nursing home placement help them remain independent.
(d) [CONGREGATE HOUSING ON-SITE COORDINATION SERVICES
PROJECT PARTICIPANTS OR PROJECT PARTICIPANTS.] "Congregate
housing On-site coordination services project participants" or
"project participants" means elderly persons 60 55 years old or
older, who are currently residents of, or who are applying for
residence in housing sites, planning to move into a designated
service area and who need support services to remain independent.
(e) [DESIGNATED SERVICE AREA OR DSA.] "Designated service
area" or "DSA" means the congregate housing site or sites, and
surrounding neighborhoods and communities that have a
concentration of persons age 55 or older that is higher than the
state average, in which on-site coordination services will be
provided.
Subd. 3. [GRANT PROGRAM.] The Minnesota board on aging
commissioner shall establish a congregate housing an on-site
coordination services grant program which that is coordinated
with county government programs and services for elderly persons
and, in counties where they exist, with seniors' agenda for
independent living (SAIL) projects as defined in section
256B.0917, that will enable communities and neighborhoods to
provide on-site coordinators to serve as a contact for older
persons who need services and support, and or need assistance to
access in accessing services, in order to delay or prevent
nursing home placement and remain independent.
Subd. 4. [USE OF GRANT FUNDS.] Grant funds shall be used
to develop and fund on-site coordinator positions. Grant funds
shall not be used to duplicate existing funds, to modify
buildings, or to purchase equipment.
Subd. 5. [GRANT ELIGIBILITY.] A public or nonprofit agency
or housing unit may apply for funds to provide a coordinator for
congregate housing on-site coordination services to an
identified population of frail elderly persons in a subsidized
multiunit apartment building or buildings in a
community designated service area. The board commissioner shall
give preference to applicants that meet the requirements of this
section, and that have a common dining site in the designated
service area. A local match may shall be required. State money
received may also be used to match federal money allocated
for congregate housing on-site coordination services. Grants
shall be awarded to urban and rural sites.
Subd. 6. [CRITERIA FOR SELECTION.] The Minnesota board on
aging commissioner shall select projects under this section
according to the following criteria:
(1) the extent to which the proposed project assists older
persons to age-in-place to prevent or delay nursing home
placement;
(2) the extent to which the proposed project identifies the
needs of project participants;
(3) the extent to which the proposed project identifies how
the on-site coordinator will help meet the needs of project
participants;
(4) the extent to which the proposed project plan assures
the availability of one meal a day, seven days a week, for each
elderly participant in need in the designated service area;
(5) the extent to which the proposed project demonstrates
involvement of participants, communities, and family members in
the project; and
(6) the extent to which the proposed project demonstrates
involvement coordination of housing providers community agencies
and public and private service agencies, including area agencies
on aging.
The commissioner shall consult with the county board of the
county in which the project would be implemented, and shall not
select any project without approval of the county board. A
designated service area with a senior dining program may be
given preference.
Subd. 7. [GRANT APPLICATIONS.] The Minnesota board on
aging commissioner shall request proposals for grants and award
grants using the criteria in subdivision 6. Grant applications
shall include:
(1) documentation of the need for congregate on-site
coordination services in the DSA so the residents can remain
independent;
(2) a description of the resources, such as social services
and health services, that will be available in the DSA community
to provide the necessary support services;
(3) a description of the target population, as defined in
subdivision 1, paragraph (d);
(4) a performance plan that includes written performance
objectives, outcomes, timelines, and the procedure the grantee
will use to document and measure success in meeting the
objectives; and
(5) letters of support from appropriate public and private
agencies and organizations, such as area agencies on aging and
county human service departments that demonstrate an intent to
work with collaborate and coordinate with the agency requesting
a grant.
Subd. 8. [REPORT.] By January 1, 1993, the Minnesota board
on aging shall submit a report to the legislature evaluating the
programs. The report must document the project costs and
outcomes that helped delay or prevent nursing home placement.
The report must describe steps taken for quality assurance and
must also include recommendations based on the project
findings. The commissioner shall collect data on a quarterly
basis on the number of persons served and other factors relating
to the goals, activities, and accomplishments of the projects.
The commissioner shall provide this data in summary form to the
legislature in annual reports, due January 1, 2001, and each
January 1 thereafter. The annual reports must also include
recommendations based on project findings.
Subd. 9. [TECHNICAL ASSISTANCE.] The commissioner may
provide technical assistance to sponsors of on-site coordination
services programs or may contract or delegate the provision of
technical assistance.
Subd. 10. [OTHER AGENCIES.] The commissioner may delegate,
use, or employ any federal, state, regional, or local public or
private agency or organization, including organizations of
physically handicapped persons, upon terms the commissioner
deems necessary or desirable, to assist in the exercise of any
of the powers granted in this section.
Sec. 15. Minnesota Statutes 1999 Supplement, section
256B.057, subdivision 3, is amended to read:
Subd. 3. [QUALIFIED MEDICARE BENEFICIARIES.] A person who
is entitled to Part A Medicare benefits, whose income is equal
to or less than 100 percent of the federal poverty guidelines,
and whose assets are no more than twice the asset limit used to
determine eligibility for the supplemental security income
program $10,000 for a single individual and $18,000 for a
married couple or family of two or more, is eligible for medical
assistance reimbursement of Part A and Part B premiums, Part A
and Part B coinsurance and deductibles, and cost-effective
premiums for enrollment with a health maintenance organization
or a competitive medical plan under section 1876 of the Social
Security Act. Reimbursement of the Medicare coinsurance and
deductibles, when added to the amount paid by Medicare, must not
exceed the total rate the provider would have received for the
same service or services if the person were a medical assistance
recipient with Medicare coverage. Increases in benefits under
Title II of the Social Security Act shall not be counted as
income for purposes of this subdivision until the first day of
the second full month following publication of the change in the
federal poverty guidelines.
EFFECTIVE DATE: This section is effective October 1, 2000.
Sec. 16. Minnesota Statutes 1998, section 256B.0625, is
amended by adding a subdivision to read:
Subd. 42. [MENTAL HEALTH PROFESSIONAL.] Notwithstanding
Minnesota Rules, part 9505.0175, subpart 28, the definition of a
mental health professional shall include a person who is
qualified as specified in section 245.462, subdivision 18,
clause (5); or 245.4871, subdivision 27, clause (5), for the
purpose of this section and Minnesota Rules, parts 9505.0170 to
9505.0475.
Sec. 17. Minnesota Statutes 1999 Supplement, section
256B.094, subdivision 6, is amended to read:
Subd. 6. [MEDICAL ASSISTANCE REIMBURSEMENT OF CASE
MANAGEMENT SERVICES.] (a) Medical assistance reimbursement for
services under this section shall be made on a monthly basis.
Payment is based on face-to-face or telephone contacts between
the case manager and the client, client's family, primary
caregiver, legal representative, or other relevant person
identified as necessary to the development or implementation of
the goals of the individual service plan regarding the status of
the client, the individual service plan, or the goals for the
client. These contacts must meet the minimum standards in
clauses (1) and (2):
(1) there must be a face-to-face contact at least once a
month except as provided in clause (2); and
(2) for a client placed outside of the county of financial
responsibility in an excluded time facility under section
256G.02, subdivision 6, or through the Interstate Compact on the
Placement of Children, section 260.851, and the placement in
either case is more than 60 miles beyond the county boundaries,
there must be at least one contact per month and not more than
two consecutive months without a face-to-face contact.
(b) Except as provided under paragraph (c), the payment
rate is established using time study data on activities of
provider service staff and reports required under sections
245.482, 256.01, subdivision 2, paragraph (17), and 256E.08,
subdivision 8.
(c) Payments for tribes may be made according to section
256B.0625 or other relevant federally approved rate setting
methodology for child welfare targeted case management provided
by Indian health services and facilities operated by a tribe or
tribal organization.
(d) Payment for case management provided by county or
tribal social services contracted vendors shall be based on a
monthly rate negotiated by the host county or tribal social
services. The negotiated rate must not exceed the rate charged
by the vendor for the same service to other payers. If the
service is provided by a team of contracted vendors, the county
or tribal social services may negotiate a team rate with a
vendor who is a member of the team. The team shall determine
how to distribute the rate among its members. No reimbursement
received by contracted vendors shall be returned to the county
or tribal social services, except to reimburse the county or
tribal social services for advance funding provided by the
county or tribal social services to the vendor.
(e) If the service is provided by a team that includes
contracted vendors and county or tribal social services staff,
the costs for county or tribal social services staff
participation in the team shall be included in the rate for
county or tribal social services provided services. In this
case, the contracted vendor and the county or tribal social
services may each receive separate payment for services provided
by each entity in the same month. To prevent duplication of
services, each entity must document, in the recipient's file,
the need for team case management and a description of the roles
and services of the team members.
Separate payment rates may be established for different
groups of providers to maximize reimbursement as determined by
the commissioner. The payment rate will be reviewed annually
and revised periodically to be consistent with the most recent
time study and other data. Payment for services will be made
upon submission of a valid claim and verification of proper
documentation described in subdivision 7. Federal
administrative revenue earned through the time study, or under
paragraph (c), shall be distributed according to earnings, to
counties, reservations, or groups of counties or reservations
which have the same payment rate under this subdivision, and to
the group of counties or reservations which are not certified
providers under section 256F.10. The commissioner shall modify
the requirements set out in Minnesota Rules, parts 9550.0300 to
9550.0370, as necessary to accomplish this.
Sec. 18. Minnesota Statutes 1999 Supplement, section
256B.431, subdivision 17, is amended to read:
Subd. 17. [SPECIAL PROVISIONS FOR MORATORIUM EXCEPTIONS.]
(a) Notwithstanding Minnesota Rules, part 9549.0060, subpart 3,
for rate periods beginning on October 1, 1992, and for rate
years beginning after June 30, 1993, a nursing facility that (1)
has completed a construction project approved under section
144A.071, subdivision 4a, clause (m); (2) has completed a
construction project approved under section 144A.071,
subdivision 4a, and effective after June 30, 1995; or (3) has
completed a renovation, replacement, or upgrading project
approved under the moratorium exception process in section
144A.073 shall be reimbursed for costs directly identified to
that project as provided in subdivision 16 and this subdivision.
(b) Notwithstanding Minnesota Rules, part 9549.0060,
subparts 5, item A, subitems (1) and (3), and 7, item D,
allowable interest expense on debt shall include:
(1) interest expense on debt related to the cost of
purchasing or replacing depreciable equipment, excluding
vehicles, not to exceed six percent of the total historical cost
of the project; and
(2) interest expense on debt related to financing or
refinancing costs, including costs related to points, loan
origination fees, financing charges, legal fees, and title
searches; and issuance costs including bond discounts, bond
counsel, underwriter's counsel, corporate counsel, printing, and
financial forecasts. Allowable debt related to items in this
clause shall not exceed seven percent of the total historical
cost of the project. To the extent these costs are financed,
the straight-line amortization of the costs in this clause is
not an allowable cost; and
(3) interest on debt incurred for the establishment of a
debt reserve fund, net of the interest earned on the debt
reserve fund.
(c) Debt incurred for costs under paragraph (b) is not
subject to Minnesota Rules, part 9549.0060, subpart 5, item A,
subitem (5) or (6).
(d) The incremental increase in a nursing facility's rental
rate, determined under Minnesota Rules, parts 9549.0010 to
9549.0080, and this section, resulting from the acquisition of
allowable capital assets, and allowable debt and interest
expense under this subdivision shall be added to its
property-related payment rate and shall be effective on the
first day of the month following the month in which the
moratorium project was completed.
(e) Notwithstanding subdivision 3f, paragraph (a), for rate
periods beginning on October 1, 1992, and for rate years
beginning after June 30, 1993, the replacement-costs-new per bed
limit to be used in Minnesota Rules, part 9549.0060, subpart 4,
item B, for a nursing facility that has completed a renovation,
replacement, or upgrading project that has been approved under
the moratorium exception process in section 144A.073, or that
has completed an addition to or replacement of buildings,
attached fixtures, or land improvements for which the total
historical cost exceeds the lesser of $150,000 or ten percent of
the most recent appraised value, must be $47,500 per licensed
bed in multiple-bed rooms and $71,250 per licensed bed in a
single-bed room. These amounts must be adjusted annually as
specified in subdivision 3f, paragraph (a), beginning January 1,
1993.
(f) A nursing facility that completes a project identified
in this subdivision and, as of April 17, 1992, has not been
mailed a rate notice with a special appraisal for a completed
project, or completes a project after April 17, 1992, but before
September 1, 1992, may elect either to request a special
reappraisal with the corresponding adjustment to the
property-related payment rate under the laws in effect on June
30, 1992, or to submit their capital asset and debt information
after that date and obtain the property-related payment rate
adjustment under this section, but not both.
(g) For purposes of this paragraph, a total replacement
means the complete replacement of the nursing facility's
physical plant through the construction of a new physical plant
or, the transfer of the nursing facility's license from one
physical plant location to another, or a new building addition
to relocate beds from three- and four-bed wards. For total
replacement projects completed on or after July 1, 1992, the
commissioner shall compute the incremental change in the nursing
facility's rental per diem, for rate years beginning on or after
July 1, 1995, by replacing its appraised value, including the
historical capital asset costs, and the capital debt and
interest costs with the new nursing facility's allowable capital
asset costs and the related allowable capital debt and interest
costs. If the new nursing facility has decreased its licensed
capacity, the aggregate investment per bed limit in subdivision
3a, paragraph (d), shall apply. If the new nursing facility has
retained a portion of the original physical plant for nursing
facility usage, then a portion of the appraised value prior to
the replacement must be retained and included in the calculation
of the incremental change in the nursing facility's rental per
diem. For purposes of this part, the original nursing facility
means the nursing facility prior to the total replacement
project. The portion of the appraised value to be retained
shall be calculated according to clauses (1) to (3):
(1) The numerator of the allocation ratio shall be the
square footage of the area in the original physical plant which
is being retained for nursing facility usage.
(2) The denominator of the allocation ratio shall be the
total square footage of the original nursing facility physical
plant.
(3) Each component of the nursing facility's allowable
appraised value prior to the total replacement project shall be
multiplied by the allocation ratio developed by dividing clause
(1) by clause (2).
In the case of either type of total replacement as
authorized under section 144A.071 or 144A.073, the provisions of
this subdivision shall also apply. For purposes of the
moratorium exception authorized under section 144A.071,
subdivision 4a, paragraph (s), if the total replacement involves
the renovation and use of an existing health care facility
physical plant, the new allowable capital asset costs and
related debt and interest costs shall include first the
allowable capital asset costs and related debt and interest
costs of the renovation, to which shall be added the allowable
capital asset costs of the existing physical plant prior to the
renovation, and if reported by the facility, the related
allowable capital debt and interest costs.
(h) Notwithstanding Minnesota Rules, part 9549.0060,
subpart 11, item C, subitem (2), for a total replacement, as
defined in paragraph (g), authorized under section 144A.071 or
144A.073 after July 1, 1999, or any building project that is a
relocation, renovation, upgrading, or conversion authorized
under section 144A.073, after July 1, 2001, the
replacement-costs-new per bed limit shall be $74,280 per
licensed bed in multiple-bed rooms, $92,850 per licensed bed in
semiprivate rooms with a fixed partition separating the resident
beds, and $111,420 per licensed bed in single rooms. Minnesota
Rules, part 9549.0060, subpart 11, item C, subitem (2), does not
apply. These amounts must be adjusted annually as specified in
subdivision 3f, paragraph (a), beginning January 1, 2000.
(i) For a total replacement, as defined in paragraph (g),
authorized under section 144A.073 for a 96-bed nursing home in
Carlton county, the replacement-costs-new per bed limit shall be
$74,280 per licensed bed in multiple-bed rooms, $92,850 per
licensed bed in semiprivate rooms with a fixed partition
separating the resident's beds, and $111,420 per licensed bed in
a single room. Minnesota Rules, part 9549.0060, subpart 11,
item C, subitem (2), does not apply. The resulting maximum
allowable replacement-costs-new multiplied by 1.25 shall
constitute the project's dollar threshold for purposes of
application of the limit set forth in section 144A.071,
subdivision 2. The commissioner of health may waive the
requirements of section 144A.073, subdivision 3b, paragraph (b),
clause (2), on the condition that the other requirements of that
paragraph are met.
(j) For a total replacement, as defined in paragraph (g),
authorized under section 144A.073 involving a new building
addition that relocates beds from three-bed wards for an 80-bed
nursing home in Redwood county, the replacement-costs-new per
bed limit shall be $74,280 per licensed bed for multiple-bed
rooms; $92,850 per licensed bed for semiprivate rooms with a
fixed partition separating the beds; and $111,420 per licensed
bed for single rooms. These amounts shall be adjusted annually,
beginning January 1, 2001. Minnesota Rules, part 9549.0060,
subpart 11, item C, subitem (2), does not apply. The resulting
maximum allowable replacement-costs-new multiplied by 1.25 shall
constitute the project's dollar threshold for purposes of
application of the limit set forth in section 144A.071,
subdivision 2. The commissioner of health may waive the
requirements of section 144A.073, subdivision 3b, paragraph (b),
clause (2), on the condition that the other requirements of that
paragraph are met.
Sec. 19. Minnesota Statutes 1999 Supplement, section
256B.431, subdivision 28, is amended to read:
Subd. 28. [NURSING FACILITY RATE INCREASES BEGINNING JULY
1, 1999, AND JULY 1, 2000.] (a) For the rate years beginning
July 1, 1999, and July 1, 2000, the commissioner shall make
available to each nursing facility reimbursed under this section
or section 256B.434 an adjustment to the total operating payment
rate. For nursing facilities reimbursed under this section or
section 256B.434, the July 1, 2000, operating payment rate
increases provided in this subdivision shall be applied to each
facility's June 30, 2000, operating payment rate. For each
facility, total operating costs shall be separated into costs
that are compensation related and all other costs.
Compensation-related costs include salaries, payroll taxes, and
fringe benefits for all employees except management fees, the
administrator, and central office staff.
(b) For the rate year beginning July 1, 1999, the
commissioner shall make available a rate increase for
compensation-related costs of 4.843 percent and a rate increase
for all other operating costs of 3.446 percent.
(c) For the rate year beginning July 1, 2000, the
commissioner shall make available:
(1) a rate increase for compensation-related costs of 3.632
percent;
(2) an additional rate increase which must be used to
increase the per-hour pay rate of all employees except
management fees, the administrator, and central office staff by
an equal dollar amount and to pay associated costs for FICA, the
Medicare tax, workers' compensation premiums, and federal and
state unemployment insurance, to be calculated according to
clauses (i) to (iii):
(i) the commissioner shall calculate the arithmetic mean of
the eleven June 30, 2000, operating rates for each facility;
(ii) the commissioner shall construct an array of nursing
facilities from highest to lowest, according to the arithmetic
mean calculated in clause (i). A numerical rank shall be
assigned to each facility in the array. The facility with the
highest mean shall be assigned a numerical rank of one. The
facility with the lowest mean shall be assigned a numerical rank
equal to the total number of nursing facilities in the array.
All other facilities shall be assigned a numerical rank in
accordance with their position in the array;
(iii) the amount of the additional rate increase shall be
$1 plus an amount equal to $3.13 multiplied by the ratio of the
facility's numeric rank divided by the number of facilities in
the array; and
(3) a rate increase for all other operating costs of 2.585
percent.
Money received by a facility as a result of the additional
rate increase provided under clause (2) shall be used only for
wage increases implemented on or after July 1, 2000, and shall
not be used for wage increases implemented prior to that date.
(d) The payment rate adjustment for each nursing facility
must be determined under clause (1) or (2):
(1) for each nursing facility that reports salaries for
registered nurses, licensed practical nurses, aides, orderlies,
and attendants separately, the commissioner shall determine the
payment rate adjustment using the categories specified in
paragraph (a) multiplied by the rate increases specified in
paragraph (b) or (c), and then dividing the resulting amount by
the nursing facility's actual resident days. In determining the
amount of a payment rate adjustment for a nursing facility
reimbursed under section 256B.434, the commissioner shall
determine the proportions of the facility's rates that are
compensation-related costs and all other operating costs based
on the facility's most recent cost report; and
(2) for each nursing facility that does not report salaries
for registered nurses, licensed practical nurses, aides,
orderlies, and attendants separately, the payment rate
adjustment shall be computed using the facility's total
operating costs, separated into the categories specified in
paragraph (a) in proportion to the weighted average of all
facilities determined under clause (1), multiplied by the rate
increases specified in paragraph (b) or (c), and then dividing
the resulting amount by the nursing facility's actual resident
days.
(e) A nursing facility may apply for the
compensation-related payment rate adjustment calculated under
this subdivision. The application must be made to the
commissioner and contain a plan by which the nursing facility
will distribute the compensation-related portion of the payment
rate adjustment to employees of the nursing facility. For
nursing facilities in which the employees are represented by an
exclusive bargaining representative, an agreement negotiated and
agreed to by the employer and the exclusive bargaining
representative constitutes the plan. For the second rate year,
a negotiated agreement constitutes the plan only if the
agreement is finalized after the date of enactment of all rate
increases for the second rate year. The commissioner shall
review the plan to ensure that the payment rate adjustment per
diem is used as provided in paragraphs (a) to (c). To be
eligible, a facility must submit its plan for the compensation
distribution by December 31 each year. A facility may amend its
plan for the second rate year by submitting a revised plan by
December 31, 2000. If a facility's plan for compensation
distribution is effective for its employees after July 1 of the
year that the funds are available, the payment rate adjustment
per diem shall be effective the same date as its plan.
(f) A copy of the approved distribution plan must be made
available to all employees. This must be done by giving each
employee a copy or by posting it in an area of the nursing
facility to which all employees have access. If an employee
does not receive the compensation adjustment described in their
facility's approved plan and is unable to resolve the problem
with the facility's management or through the employee's union
representative, the employee may contact the commissioner at an
address or phone number provided by the commissioner and
included in the approved plan.
(g) If the reimbursement system under section 256B.435 is
not implemented until July 1, 2001, the salary adjustment per
diem authorized in subdivision 2i, paragraph (c), shall continue
until June 30, 2001.
(h) For the rate year beginning July 1, 1999, the following
nursing facilities shall be allowed a rate increase equal to 67
percent of the rate increase that would be allowed if
subdivision 26, paragraph (a), was not applied:
(1) a nursing facility in Carver county licensed for 33
nursing home beds and four boarding care beds;
(2) a nursing facility in Faribault county licensed for 159
nursing home beds on September 30, 1998; and
(3) a nursing facility in Houston county licensed for 68
nursing home beds on September 30, 1998.
(i) For the rate year beginning July 1, 1999, the following
nursing facilities shall be allowed a rate increase equal to 67
percent of the rate increase that would be allowed if
subdivision 26, paragraphs (a) and (b), were not applied:
(1) a nursing facility in Chisago county licensed for 135
nursing home beds on September 30, 1998; and
(2) a nursing facility in Murray county licensed for 62
nursing home beds on September 30, 1998.
(j) For the rate year beginning July 1, 1999, a nursing
facility in Hennepin county licensed for 134 beds on September
30, 1998, shall:
(1) have the prior year's allowable care-related per diem
increased by $3.93 and the prior year's other operating cost per
diem increased by $1.69 before adding the inflation in
subdivision 26, paragraph (d), clause (2); and
(2) be allowed a rate increase equal to 67 percent of the
rate increase that would be allowed if subdivision 26,
paragraphs (a) and (b), were not applied.
The increases provided in paragraphs (h), (i), and (j)
shall be included in the facility's total payment rates for the
purposes of determining future rates under this section or any
other section.
Sec. 20. Minnesota Statutes 1998, section 256B.431, is
amended by adding a subdivision to read:
Subd. 29. [FACILITY RATE INCREASES EFFECTIVE JULY 1,
2000.] Following the determination under subdivision 28 of the
payment rate for the rate year beginning July 1, 2000, for a
facility in Roseau county licensed for 49 beds, the facility's
operating cost per diem shall be increased by the following
amounts:
(1) case mix class A, $1.97;
(2) case mix class B, $2.11;
(3) case mix class C, $2.26;
(4) case mix class D, $2.39;
(5) case mix class E, $2.54;
(6) case mix class F, $2.55;
(7) case mix class G, $2.66;
(8) case mix class H, $2.90;
(9) case mix class I, $2.97;
(10) case mix class J, $3.10; and
(11) case mix class K, $3.36.
These increases shall be included in the facility's total
payment rates for the purpose of determining future rates under
this section or any other section.
Sec. 21. Minnesota Statutes 1998, section 256B.431, is
amended by adding a subdivision to read:
Subd. 30. [BED LAYAWAY AND DELICENSURE.] (a) For rate
years beginning on or after July 1, 2000, a nursing facility
reimbursed under this section which has placed beds on layaway
shall, for purposes of application of the downsizing incentive
in subdivision 3a, paragraph (d), and calculation of the rental
per diem, have those beds given the same effect as if the beds
had been delicensed so long as the beds remain on layaway. At
the time of a layaway, a facility may change its single bed
election for use in calculating capacity days under Minnesota
Rules, part 9549.0060, subpart 11. The property payment rate
increase shall be effective the first day of the month following
the month in which the layaway of the beds becomes effective
under section 144A.071, subdivision 4b.
(b) For rate years beginning on or after July 1, 2000,
notwithstanding any provision to the contrary under section
256B.434, a nursing facility reimbursed under that section which
has placed beds on layaway shall, for so long as the beds remain
on layaway, be allowed to:
(1) aggregate the applicable investment per bed limits
based on the number of beds licensed immediately prior to
entering the alternative payment system;
(2) retain or change the facility's single bed election for
use in calculating capacity days under Minnesota Rules, part
9549.0060, subpart 11; and
(3) establish capacity days based on the number of beds
immediately prior to the layaway and the number of beds after
the layaway.
The commissioner shall increase the facility's property payment
rate by the incremental increase in the rental per diem
resulting from the recalculation of the facility's rental per
diem applying only the changes resulting from the layaway of
beds and clauses (1), (2), and (3). If a facility reimbursed
under section 256B.434 completes a moratorium exception project
after its base year, the base year property rate shall be the
moratorium project property rate. The base year rate shall be
inflated by the factors in section 256B.434, subdivision 4,
paragraph (c). The property payment rate increase shall be
effective the first day of the month following the month in
which the layaway of the beds becomes effective.
(c) If a nursing facility removes a bed from layaway status
in accordance with section 144A.071, subdivision 4b, the
commissioner shall establish capacity days based on the number
of licensed and certified beds in the facility not on layaway
and shall reduce the nursing facility's property payment rate in
accordance with paragraph (b).
(d) For the rate years beginning on or after July 1, 2000,
notwithstanding any provision to the contrary under section
256B.434, a nursing facility reimbursed under that section,
which has delicensed beds after July 1, 2000, by giving notice
of the delicensure to the commissioner of health according to
the notice requirements in section 144A.071, subdivision 4b,
shall be allowed to:
(1) aggregate the applicable investment per bed limits
based on the number of beds licensed immediately prior to
entering the alternative payment system;
(2) retain or change the facility's single bed election for
use in calculating capacity days under Minnesota Rules, part
9549.0060, subpart 11; and
(3) establish capacity days based on the number of beds
immediately prior to the delicensure and the number of beds
after the delicensure.
The commissioner shall increase the facility's property payment
rate by the incremental increase in the rental per diem
resulting from the recalculation of the facility's rental per
diem applying only the changes resulting from the delicensure of
beds and clauses (1), (2), and (3). If a facility reimbursed
under section 256B.434 completes a moratorium exception project
after its base year, the base year property rate shall be the
moratorium project property rate. The base year rate shall be
inflated by the factors in section 256B.434, subdivision 4,
paragraph (c). The property payment rate increase shall be
effective the first day of the month following the month in
which the delicensure of the beds becomes effective.
(e) For nursing facilities reimbursed under this section or
section 256B.434, any beds placed on layaway shall not be
included in calculating facility occupancy as it pertains to
leave days defined in Minnesota Rules, part 9505.0415.
(f) For nursing facilities reimbursed under this section or
section 256B.434, the rental rate calculated after placing beds
on layaway may not be less than the rental rate prior to placing
beds on layaway.
(g) A nursing facility receiving a rate adjustment as a
result of this section shall comply with section 256B.47,
subdivision 2.
(h) A facility that does not utilize the space made
available as a result of bed layaway or delicensure under this
subdivision to reduce the number of beds per room or provide
more common space for nursing facility uses or perform other
activities related to the operation of the nursing facility
shall have its property rate increase calculated under this
subdivision reduced by the ratio of the square footage made
available that is not used for these purposes to the total
square footage made available as a result of bed layaway or
delicensure.
Sec. 22. Minnesota Statutes 1998, section 256B.434, is
amended by adding a subdivision to read:
Subd. 4b. [FACILITY RATE INCREASES EFFECTIVE JULY 1,
2000.] For the rate year beginning July 1, 2000, the nursing
facilities described in clauses (1) to (6) shall receive the
rate increases indicated. The increases under this subdivision
shall be added following the determination under section
256B.431, subdivision 28, of the payment rate for the rate year
beginning July 1, 2000, and shall be included in the facility's
total payment rates for the purposes of determining future rates
under this section or any other section:
(1) a nursing facility in Hennepin county licensed for 290
beds shall receive an operating cost per diem increase of 5.9
percent, provided that the facility delicenses, decertifies, or
places on layaway status, if that status is otherwise permitted
by law, 70 beds;
(2) a nursing facility in Goodhue county licensed for 84
beds shall receive an increase of $1.54 in each case mix payment
rate;
(3) a nursing facility located in Rochester and licensed
for 103 beds on January 1, 2000, shall receive an increase in
its case mix resident class A payment of $3.78, and an increase
in the payment rate for all other case mix classes of that
amount multiplied by the class weight for that case mix class
established in Minnesota Rules, part 9549.0058, subpart 3;
(4) a nursing facility in Wright county licensed for 154
beds shall receive an increase of $2.03 in each case mix payment
rate to be used for employee wage and benefit enhancements;
(5) a facility in Todd county licensed for 78 beds, shall
have its operating cost per diem increased by the following
amounts:
(i) case mix class A, $1.16;
(ii) case mix class B, $1.50;
(iii) case mix class C, $1.89;
(iv) case mix class D, $2.26;
(v) case mix class E, $2.63;
(vi) case mix class F, $2.65;
(vii) case mix class G, $2.96;
(viii) case mix class H, $3.55;
(ix) case mix class I, $3.76;
(x) case mix class J, $4.08; and
(xi) case mix class K, $4.76; and
(6) a nursing facility in Pine City that decertified 22
beds in calendar year 1999 shall have its property-related per
diem payment rate increased by $1.59.
Sec. 23. Minnesota Statutes 1998, section 256B.501, is
amended by adding a subdivision to read:
Subd. 13. [ICF/MR RATE INCREASES BEGINNING OCTOBER 1,
1999, AND OCTOBER 1, 2000.] (a) For the rate years beginning
October 1, 1999, and October 1, 2000, the commissioner shall
make available to each facility reimbursed under this section,
section 256B.5011, and Laws 1993, First Special Session chapter
1, article 4, section 11, an adjustment to the total operating
payment rate. For each facility, total operating costs shall be
separated into costs that are compensation related and all other
costs. "Compensation-related costs" means the facility's
allowable program operating cost category employee training
expenses and the facility's allowable salaries, payroll taxes,
and fringe benefits. The term does not include these same
salary-related costs for both administrative or central office
employees.
For the purpose of determining the adjustment to be granted
under this subdivision, the commissioner must use the most
recent cost report that has been subject to desk audit.
(b) For the rate year beginning October 1, 1999, the
commissioner shall make available a rate increase for
compensation-related costs of 4.6 percent and a rate increase
for all other operating costs of 3.2 percent.
(c) For the rate year beginning October 1, 2000, the
commissioner shall make available:
(1) a rate increase for compensation related costs of 6.5
percent, 45 percent of which shall be used to increase the
per-hour pay rate of all employees except administrative and
central office employees by an equal dollar amount and to pay
associated costs for FICA, the Medicare tax, workers'
compensation premiums, and federal and state unemployment
insurance provided that this portion of the compensation-related
increase shall be used only for wage increases implemented on or
after October 1, 2000, and shall not be used for wage increases
implemented prior to that date; and
(2) a rate increase for all other operating costs of two
percent.
(d) For each facility, the commissioner shall determine the
payment rate adjustment using the categories specified in
paragraph (a) multiplied by the rate increases specified in
paragraph (b) or (c), and then dividing the resulting amount by
the facility's actual resident days.
(e) Any facility whose payment rates are governed by
closure agreements, receivership agreements, or Minnesota Rules,
part 9553.0075, are not eligible for an adjustment otherwise
granted under this subdivision.
(f) A facility may apply for the compensation-related
payment rate adjustment calculated under this subdivision. The
application must be made to the commissioner and contain a plan
by which the facility will distribute the compensation-related
portion of the payment rate adjustment to employees of the
facility. For facilities in which the employees are represented
by an exclusive bargaining representative, an agreement
negotiated and agreed to by the employer and the exclusive
bargaining representative constitutes the plan. For the second
rate year, a negotiated agreement may constitute the plan only
if the agreement is finalized after the date of enactment of all
rate increases for the second rate year. The commissioner shall
review the plan to ensure that the payment rate adjustment per
diem is used as provided in this subdivision. To be eligible, a
facility must submit its plan for the compensation distribution
by December 31 each year. A facility may amend its plan for the
second rate year by submitting a revised plan by December 31,
2000. If a facility's plan for compensation distribution is
effective for its employees after October 1 of the year that the
funds are available, the payment rate adjustment per diem shall
be effective the same date as its plan.
(g) A copy of the approved distribution plan must be made
available to all employees. This must be done by giving each
employee a copy or by posting it in an area of the facility to
which all employees have access. If an employee does not
receive the compensation adjustment described in their
facility's approved plan and is unable to resolve the problem
with the facility's management or through the employee's union
representative, the employee may contact the commissioner at an
address or telephone number provided by the commissioner and
included in the approved plan.
Sec. 24. Minnesota Statutes 1999 Supplement, section
256B.69, subdivision 5b, is amended to read:
Subd. 5b. [PROSPECTIVE REIMBURSEMENT RATES.] (a) For
prepaid medical assistance and general assistance medical care
program contract rates set by the commissioner under subdivision
5 and effective on or after January 1, 1998, capitation rates
for nonmetropolitan counties shall on a weighted average be no
less than 88 percent of the capitation rates for metropolitan
counties, excluding Hennepin county. The commissioner shall
make a pro rata adjustment in capitation rates paid to counties
other than nonmetropolitan counties in order to make this
provision budget neutral.
(b) For prepaid medical assistance program contract rates
set by the commissioner under subdivision 5 and effective on or
after January 1, 2001, capitation rates for nonmetropolitan
counties shall, on a weighted average, be no less than 89
percent of the capitation rates for metropolitan counties,
excluding Hennepin county.
(c) This subdivision shall not affect the nongeographically
based risk adjusted rates established under section 62Q.03,
subdivision 5a, paragraph (f).
Sec. 25. Minnesota Statutes 1999 Supplement, section
256B.69, subdivision 5c, is amended to read:
Subd. 5c. [MEDICAL EDUCATION AND RESEARCH FUND.] (a)
Beginning in January 1999 and each year thereafter:
(1) the commissioner of human services shall transfer an
amount equal to the reduction in the prepaid medical assistance
and prepaid general assistance medical care payments resulting
from clause (2), excluding nursing facility and elderly waiver
payments and demonstration projects operating under subdivision
23, to the medical education and research fund established under
section 62J.692;
(2) until January 1, 2002, the county medical assistance
and general assistance medical care capitation base rate prior
to plan specific adjustments and after the regional rate
adjustments under section 256B.69, subdivision 5b, shall be
reduced 6.3 percent for Hennepin county, two percent for the
remaining metropolitan counties, and no reduction for
nonmetropolitan Minnesota counties; and after January 1, 2002,
the county medical assistance and general assistance medical
care capitation base rate prior to plan specific adjustments
shall be reduced 6.3 percent for Hennepin county, two percent
for the remaining metropolitan counties, and 1.6 percent for
nonmetropolitan Minnesota counties; and
(3) the amount calculated under clause (1) shall not be
adjusted for subsequent changes to the capitation payments for
periods already paid.
(b) This subdivision shall be effective upon approval of a
federal waiver which allows federal financial participation in
the medical education and research fund.
Sec. 26. Minnesota Statutes 1998, section 256B.69,
subdivision 5d, is amended to read:
Subd. 5d. [MODIFICATION OF PAYMENT DATES EFFECTIVE JANUARY
1, 2001.] Effective for services rendered on or after January 1,
2001, capitation payments under this section and under section
256D.03 for services provided in the month of June shall be made
no earlier than the first day after the month of service.
Sec. 27. Minnesota Statutes 1998, section 256L.05,
subdivision 5, is amended to read:
Subd. 5. [AVAILABILITY OF PRIVATE INSURANCE.] The
commissioner, in consultation with the commissioners of health
and commerce, shall provide information regarding the
availability of private health insurance coverage and the
possibility of disenrollment under section 256L.07, subdivision
1, paragraphs (b) and (c), to all: (1) families and individuals
enrolled in the MinnesotaCare program whose gross family income
is equal to or more than 200 225 percent of the federal poverty
guidelines; and (2) single adults and households without
children enrolled in the MinnesotaCare program whose gross
family income is equal to or more than 165 percent of the
federal poverty guidelines. This information must be provided
upon initial enrollment and annually thereafter. The
commissioner shall also include information regarding the
availability of private health insurance coverage in the notice
of ineligibility provided to persons subject to disenrollment
under section 256L.07, subdivision 1, paragraphs (b) and (c).
Sec. 28. Laws 1997, chapter 225, article 4, section 4, as
amended by Laws 1999, chapter 245, article 4, section 104, is
amended to read:
Sec. 4. [SENIOR PRESCRIPTION DRUG PROGRAM.]
The commissioner shall report to the legislature the
estimated costs of the senior prescription drug program without
funding caps. The report shall be included as part of the
November and February forecasts.
The commissioner of finance shall annually reimburse the
general fund with health care access funds for the estimated
increased costs in the QMB/SLMB program directly associated with
the senior prescription drug program. This reimbursement shall
sunset June 30, 2001.
Sec. 29. Laws 1999, chapter 245, article 1, section 2,
subdivision 8, is amended to read:
Subd. 8. Continuing Care and
Community Support Grants
General 1,174,195,000 1,259,767,000
Lottery Prize 1,158,000 1,158,000
The amounts that may be spent from this
appropriation for each purpose are as
follows:
(a) Community Social Services
Block Grants
42,597,000 43,498,000
[CSSA TRADITIONAL APPROPRIATION.]
Notwithstanding Minnesota Statutes,
section 256E.06, subdivisions 1 and 2,
the appropriations available under that
section in fiscal years 2000 and 2001
must be distributed to each county
proportionately to the aid received by
the county in calendar year 1998. The
commissioner, in consultation with
counties, shall study the formula
limitations in subdivision 2 of that
section, and report findings and any
recommendations for revision of the
CSSA formula and its formula limitation
provisions to the legislature by
January 15, 2000.
(b) Consumer Support Grants
1,123,000 1,123,000
(c) Aging Adult Service Grants
7,965,000 7,765,000
[LIVING-AT-HOME/BLOCK NURSE PROGRAM.]
Of the general fund appropriation,
$120,000 in fiscal year 2000 and
$120,000 in fiscal year 2001 is for the
commissioner to provide funding to six
additional living-at-home/block nurse
programs. This appropriation shall
become part of the base for the
2002-2003 biennium.
[MINNESOTA SENIOR SERVICE CORPS.] Of
this appropriation, $160,000 for the
biennium is from the general fund to
the commissioner for the following
purposes:
(a) $40,000 in fiscal year 2000 and
$40,000 in fiscal year 2001 is to
increase the hourly stipend by ten
cents per hour in the foster
grandparent program, the retired and
senior volunteer program, and the
senior companion program.
(b) $40,000 in fiscal year 2000 and
$40,000 in fiscal year 2001 is for a
grant to the tri-valley opportunity
council in Crookston to expand services
in the ten-county area of northwestern
Minnesota.
(c) This appropriation shall become
part of the base for the 2002-2003
biennium.
[HEALTH INSURANCE COUNSELING.] Of this
appropriation, $100,000 in fiscal year
2000 and $100,000 in fiscal year 2001
is from the general fund to the
commissioner to transfer to the board
on aging for the purpose of awarding
health insurance counseling and
assistance grants to the area agencies
on aging providing state-funded health
insurance counseling services. Access
to health insurance counseling programs
shall be provided by the senior linkage
line service of the board on aging and
the area agencies on aging. The board
on aging shall explore opportunities
for obtaining alternative funding from
nonstate sources, including
contributions from individuals seeking
health insurance counseling services.
This is a one-time appropriation and
shall not become part of base level
funding for this activity for the
2002-2003 biennium.
(d) Deaf and Hard-of-Hearing
Services Grants
1,859,000 1,760,000
[SERVICES TO DEAF PERSONS WITH MENTAL
ILLNESS.] Of this appropriation,
$100,000 each year is to the
commissioner for a grant to a nonprofit
agency that currently serves deaf and
hard-of-hearing adults with mental
illness through residential programs
and supported housing outreach. The
grant must be used to operate a
community support program for persons
with mental illness that is
communicatively accessible for persons
who are deaf or hard-of-hearing. This
is a one-time appropriation and shall
not become part of base level funding
for this activity for the 2002-2003
biennium.
[DEAF-BLIND ORIENTATION AND MOBILITY
SERVICES.] Of this appropriation,
$120,000 for the biennium is to the
commissioner for a grant to DeafBlind
Services Minnesota to hire an
orientation and, mobility, and
deaf-blind specialist to work with
deaf-blind people and for related
costs. The specialist will provide
services to deaf-blind Minnesotans, and
training to teachers and rehabilitation
counselors, on a statewide basis. This
is a one-time appropriation and shall
not become part of base level funding
for this activity for the 2002-2003
biennium. Notwithstanding section 13,
this paragraph expires on June 30, 2003.
(e) Mental Health Grants
General 45,169,000 46,528,000
Lottery Prize 1,158,000 1,158,000
[CRISIS HOUSING.] Of the general fund
appropriation, $126,000 in fiscal year
2000 and $150,000 in fiscal year 2001
is to the commissioner for the adult
mental illness crisis housing
assistance program under Minnesota
Statutes, section 245.99. This
appropriation shall become part of the
base for the 2002-2003 biennium.
[ADOLESCENT COMPULSIVE GAMBLING GRANT.]
$150,000 in fiscal year 2000 and
$150,000 in fiscal year 2001 is
appropriated from the lottery prize
fund created under Minnesota Statutes,
section 349A.10, subdivision 2, to the
commissioner for the purposes of a
grant to a compulsive gambling council
located in St. Louis county for a
statewide compulsive gambling
prevention and education project for
adolescents.
(f) Developmental Disabilities
Community Support Grants
9,323,000 10,958,000
[CRISIS INTERVENTION PROJECT.] Of this
appropriation, $40,000 in fiscal year
2000 is to the commissioner for the
action, support, and prevention project
of southeastern Minnesota.
[SILS FUNDING.] Of this appropriation,
$1,000,000 each year is for
semi-independent living services under
Minnesota Statutes, section 252.275.
This appropriation must be added to the
base level funding for this activity
for the 2002-2003 biennium. Unexpended
funds for fiscal year 2000 do not
cancel but are available to the
commissioner for this purpose in fiscal
year 2001.
[FAMILY SUPPORT GRANTS.] Of this
appropriation, $1,000,000 in fiscal
year 2000 and $2,500,000 in fiscal year
2001 is to increase the availability of
family support grants under Minnesota
Statutes, section 252.32. This
appropriation must be added to the base
level funding for this activity for the
2002-2003 biennium. Unexpended funds
for fiscal year 2000 do not cancel but
are available to the commissioner for
this purpose in fiscal year 2001.
(g) Medical Assistance Long-Term
Care Waivers and Home Care
349,052,000 414,240,000
[PROVIDER RATE INCREASES.] (a) The
commissioner shall increase
reimbursement rates by four percent the
first year of the biennium and by three
5.9 percent the second year for the
providers listed in paragraph (b). The
increases shall be effective for
services rendered on or after July 1 of
each year.
(b) The rate increases described in
this section shall be provided to home
and community-based waivered services
for persons with mental retardation or
related conditions under Minnesota
Statutes, section 256B.501; home and
community-based waivered services for
the elderly under Minnesota Statutes,
section 256B.0915; waivered services
under community alternatives for
disabled individuals under Minnesota
Statutes, section 256B.49; community
alternative care waivered services
under Minnesota Statutes, section
256B.49; traumatic brain injury
waivered services under Minnesota
Statutes, section 256B.49; nursing
services and home health services under
Minnesota Statutes, section 256B.0625,
subdivision 6a; personal care services
and nursing supervision of personal
care services under Minnesota Statutes,
section 256B.0625, subdivision 19a;
private-duty nursing services under
Minnesota Statutes, section 256B.0625,
subdivision 7; day training and
habilitation services for adults with
mental retardation or related
conditions under Minnesota Statutes,
sections 252.40 to 252.46; alternative
care services under Minnesota Statutes,
section 256B.0913; adult residential
program grants under Minnesota Rules,
parts 9535.2000 to 9535.3000; adult and
family community support grants under
Minnesota Rules, parts 9535.1700 to
9535.1760; semi-independent living
services under Minnesota Statutes,
section 252.275, including SILS funding
under county social services grants
formerly funded under Minnesota
Statutes, chapter 256I; and community
support services for deaf and
hard-of-hearing adults with mental
illness who use or wish to use sign
language as their primary means of
communication.
(c) The commissioner shall increase
reimbursement rates by two percent for
the group residential housing
supplementary service rate under
Minnesota Statutes, section 256I.05,
subdivision 1a, for services rendered
on or after January 1, 2000.
(d) Providers that receive a rate
increase under this section shall use
at least 80 percent of the additional
revenue the first year to increase the
compensation paid to employees other
than the administrator and central
office staff. In the second year,
providers must use the additional
revenue as follows:
(1) at least 41 percent to increase the
compensation paid to employees other
than the administrator and central
office staff;
(2) at least 49 percent to increase the
per-hour pay rate of all employees
other than the administrator and
central office staff by an equal dollar
amount and to pay associated costs for
FICA, the Medicare tax, workers'
compensation premiums, and federal and
state unemployment insurance. For
public employees, the portion of this
increase reserved to increase the
per-hour pay rate for certain staff by
an equal dollar amount shall be
available and pay rates shall be
increased only to the extent that they
comply with laws governing public
employees collective bargaining. Money
received by a provider as a result of
the additional rate increase described
in this clause shall be used only for
wage increases implemented on or after
July 1, 2000, and shall not be used for
wage increases implemented prior to
that date; and
(3) up to ten percent for other
purposes.
(e) A copy of the provider's plan for
complying with paragraph (d) must be
made available to all employees. This
must be done by giving each employee a
copy or by posting it in an area of the
provider's operation to which all
employees have access. If an employee
does not receive the salary adjustment
described in the plan and is unable to
resolve the problem with the provider,
the employee may contact the employee's
union representative. If the employee
is not covered by a collective
bargaining agreement, the employee may
contact the commissioner at a phone
number provided by the commissioner and
included in the provider's plan.
(f) Section 13, sunset of uncodified
language, does not apply to this
provision.
[DEVELOPMENTAL DISABILITIES WAIVER
SLOTS.] Of this appropriation,
$1,746,000 in fiscal year 2000 and
$4,683,000 in fiscal year 2001 is to
increase the availability of home and
community-based waiver services for
persons with mental retardation or
related conditions.
(h) Medical Assistance Long-Term
Care Facilities
546,228,000 558,349,000
[MORATORIUM EXCEPTIONS.] Of this
appropriation, $250,000 in fiscal year
2000 and $250,000 in fiscal year 2001
is from the general fund to the
commissioner for the medical assistance
costs of moratorium exceptions approved
by the commissioner of health under
Minnesota Statutes, section 144A.073.
Unexpended money appropriated for
fiscal year 2000 shall not cancel but
shall be available for fiscal year 2001.
[NURSING FACILITY OPERATED BY THE RED
LAKE BAND OF CHIPPEWA INDIANS.] (1) The
medical assistance payment rates for
the 47-bed nursing facility operated by
the Red Lake Band of Chippewa Indians
must be calculated according to
allowable reimbursement costs under the
medical assistance program, as
specified in Minnesota Statutes,
section 246.50, and are subject to the
facility-specific Medicare upper limits.
(2) In addition, the commissioner shall
make available an operating payment
rate adjustment effective July 1, 1999,
and July 1, 2000, that is equal to the
adjustment provided under Minnesota
Statutes, section 256B.431, subdivision
28. The commissioner must use the
facility's final 1998 and 1999 Medicare
cost reports, respectively, to
calculate the adjustment. The
adjustment shall be available based on
a plan submitted and approved according
to Minnesota Statutes, section
256B.431, subdivision 28. Section 13,
sunset of uncodified language, does not
apply to this paragraph.
[COSTS RELATED TO FACILITY
CERTIFICATION.] Of this appropriation,
$168,000 is for the costs of providing
one-half the state share of medical
assistance reimbursement for
residential and day habilitation
services under article 3, section 39.
This amount is available the day
following final enactment.
(i) Alternative Care Grants
General 60,873,000 59,981,000
[ALTERNATIVE CARE TRANSFER.] Any money
allocated to the alternative care
program that is not spent for the
purposes indicated does not cancel but
shall be transferred to the medical
assistance account.
[PREADMISSION SCREENING AMOUNT.] The
preadmission screening payment to all
counties shall continue at the payment
amount in effect for fiscal year 1999.
[ALTERNATIVE CARE APPROPRIATION.] The
commissioner may expend the money
appropriated for the alternative care
program for that purpose in either year
of the biennium.
(j) Group Residential Housing
General 66,477,000 70,390,000
[GROUP RESIDENTIAL FACILITY FOR WOMEN
IN RAMSEY COUNTY.] (a) Notwithstanding
Minnesota Statutes 1998, section
256I.05, subdivision 1d, the new 23-bed
group residential facility for women in
Ramsey county, with approval by the
county agency, may negotiate a
supplementary service rate in addition
to the board and lodging rate for
facilities licensed and registered by
the Minnesota department of health
under Minnesota Statutes, section
15.17. The supplementary service rate
shall not exceed $564 per person per
month and the total rate may not exceed
$1,177 per person per month.
(b) Of the general fund appropriation,
$19,000 in fiscal year 2000 and $38,000
in fiscal year 2001 is to the
commissioner for the costs associated
with paragraph (a). This appropriation
shall become part of the base for the
2002-2003 biennium.
(k) Chemical Dependency
Entitlement Grants
General 36,751,000 38,847,000
(l) Chemical Dependency
Nonentitlement Grants
General 6,778,000 6,328,000
[CHEMICAL DEPENDENCY SERVICES.] Of this
appropriation, $450,000 in fiscal year
2000 is to the commissioner for
chemical dependency services to persons
who qualify under Minnesota Statutes,
section 254B.04, subdivision 1,
paragraph (b).
Sec. 30. Laws 1999, chapter 245, article 10, section 10,
is amended to read:
Sec. 10. [REPEALER.]
(a) Minnesota Statutes 1998, section 256.973, is
repealed effective June 30, 2001 2002.
(b) Laws 1997, chapter 225, article 6, section 8, is
repealed.
Sec. 31. [EMPLOYER-BASED HEALTH INSURANCE.]
Subdivision 1. [FEDERAL MATCHING FUNDS.] The commissioner
of human services shall determine requirements necessary to
obtain federal matching funds for payment of a direct subsidy
for the employee share of employer-based health care coverage
that is available to dependent children of employees with
household incomes that do not exceed 200 percent of the federal
poverty guidelines.
Subd. 2. [REPORT.] The commissioner shall report to the
legislature by January 15, 2001, on the parameters and status of
the federal requirements described in subdivision 1, after
consultation with the commissioners of health and commerce and
with representatives of large and small employers, including
rural business purchasing alliances. In the report, the
commissioner shall make recommendations on how best to provide
direct subsidies for employer-based health care coverage for
dependent children of employees with household incomes that do
not exceed 200 percent of the federal poverty guidelines. The
commissioner shall report the optimal way to meet the needs of
the dependent children in a manner that does not: (1) require
modifications to existing or future employer-based health care
coverage; or (2) create incentives for employers to utilize
publicly subsidized health care.
Sec. 32. [INFORMATION ON PRESCRIPTION DRUG PATIENT
ASSISTANCE AND COST SAVINGS PROGRAMS.]
The commissioner of human services must work with the board
of medical practice, organizations representing pharmaceutical
manufacturers, and organizations representing pharmacies, to
develop a strategy to provide information to all physicians and
pharmacists on prescription drug patient assistance programs and
cost savings opportunities offered by pharmaceutical
manufacturers. Any strategy developed must provide physicians
and pharmacists with regular updates on prescription drug
patient assistance programs and cost savings opportunities and
be implemented without cost to physicians, pharmacists, or the
state.
Sec. 33. [TASK FORCE EXTENDED; REPORT.]
The day training and habilitation task force established
under Laws 1999, chapter 152, shall be extended to June 15,
2001. The task force shall present a report recommending a new
payment rate schedule for day training and habilitation services
to the legislature by January 15, 2001.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 34. [RESPITE CARE FOR FAMILY ADULT FOSTER CARE
PROVIDERS.]
The commissioner of human services, in consultation with
affected groups, including counties, family adult foster care
providers, guardians and family members, and advocacy agencies,
shall develop legislative proposals, including cost projections,
to provide 30 days of respite care per year for family adult
foster care providers. The proposals must include funding
options that rely upon federal and state funding. The
commissioner shall provide the legislative proposals and cost
projections to the chairs of the house health and human services
policy committee, the house health and human services finance
committee, the senate health and family security policy
committee, and the senate health and family security budget
division, by December 1, 2000.
Sec. 35. [MEDICAL EDUCATION DISTRIBUTION FORMULA STUDY.]
The commissioner of health shall convene a group of
stakeholders that includes representatives of teaching programs
and training sites throughout the state and members of the
medical education and research advisory committee for the
purpose of evaluating the appropriateness of the current
distribution formula and considering alternatives for allocating
the amount transferred in accordance with Minnesota Statutes,
section 256B.69, subdivision 5c. The commissioner shall report
the findings and recommendations of this group to the
legislature by January 15, 2001.
Sec. 36. [INSTRUCTION TO REVISOR.]
(a) The revisor of statutes shall change the phrase "senior
citizen drug program" wherever it appears in the next edition of
Minnesota Statutes and Minnesota Rules to "prescription drug
program."
(b) The revisor, in the next edition of Minnesota Statutes,
shall recodify section 256.9751 as section 256.9731, and make
any necessary changes in cross-references.
Sec. 37. [INCONSISTENT AMENDMENTS.]
The amendments to Minnesota Statutes, section 256B.501,
subdivision 13, in section 10 prevail over the amendments to
that section in 2000 H.F. No. 3557, if enacted.
ARTICLE 10
HUMAN SERVICES ASSISTANCE PROGRAM MODIFICATIONS
Section 1. Minnesota Statutes 1999 Supplement, section
119B.011, subdivision 15, is amended to read:
Subd. 15. [INCOME.] "Income" means earned or unearned
income received by all family members, including public
assistance cash benefits and at-home infant care subsidy
payments, unless specifically excluded and child support and
maintenance distributed to the family under section 256.741,
subdivision 15. The following are excluded from income: funds
used to pay for health insurance premiums for family members,
Supplemental Security Income, scholarships, work-study income,
and grants that cover costs or reimbursement for tuition, fees,
books, and educational supplies; student loans for tuition,
fees, books, supplies, and living expenses; state and federal
earned income tax credits; in-kind income such as food stamps,
energy assistance, foster care assistance, medical assistance,
child care assistance, and housing subsidies; earned income of
full or part-time students, who have not earned a high school
diploma or GED high school equivalency diploma including
earnings from summer employment; grant awards under the family
subsidy program; nonrecurring lump sum income only to the extent
that it is earmarked and used for the purpose for which it is
paid; and any income assigned to the public authority according
to section 256.74 or 256.741.
EFFECTIVE DATE: This section is effective January 1, 2001.
Sec. 2. Minnesota Statutes 1998, section 256.01, is
amended by adding a subdivision to read:
Subd. 18. [IMMIGRATION STATUS
VERIFICATIONS.] Notwithstanding any waiver of this requirement
by the secretary of the United States Department of Health and
Human Services, effective July 1, 2001, the commissioner shall
utilize the Systematic Alien Verification for Entitlements
(SAVE) program to conduct immigration status verifications:
(1) as required under United States Code, title 8, section
1642;
(2) for all applicants for food assistance benefits,
whether under the federal food stamp program, the MFIP or work
first program, or the Minnesota food assistance program;
(3) for all applicants for general assistance medical care,
except assistance for an emergency medical condition, for
immunization with respect to an immunizable disease, or for
testing and treatment of symptoms of a communicable disease; and
(4) for all applicants for general assistance, Minnesota
supplemental aid, MinnesotaCare, or group residential housing,
when the benefits provided by these programs would fall under
the definition of "federal public benefit" under United States
Code, title 8, section 1642, if federal funds were used to pay
for all or part of the benefits.
The commissioner shall report to the Immigration and
Naturalization Service all undocumented persons who have been
identified through application verification procedures or by the
self-admission of an applicant for assistance. Reports made
under this subdivision must comply with the requirements of
section 411A of the Social Security Act, as amended, and United
States Code, title 8, section 1644.
Sec. 3. Minnesota Statutes 1999 Supplement, section
256.019, is amended to read:
256.019 [RECOVERY OF MONEY; APPORTIONMENT.]
Subdivision 1. [RETENTION RATES.] When an assistance
recovery amount is recovered from any source for assistance
given collected and posted by a county agency under the
provisions governing public assistance programs including the
aid to families with dependent children program formerly
codified in sections 256.72 to 256.87, MFIP, general assistance
medical care, emergency assistance, general assistance, and
Minnesota supplemental aid, the county may keep one-half of the
recovery made by the county agency using any method other than
recoupment. For medical assistance, if the recovery is made by
a county agency using any method other than recoupment, the
county may keep one-half of the nonfederal share of the recovery.
This does not apply to recoveries from medical providers or
to recoveries begun by the department of human services'
surveillance and utilization review division, state hospital
collections unit, and the benefit recoveries division or, by the
attorney general's office, or child support collections. In the
food stamp program, the nonfederal share of recoveries in the
federal tax refund offset program (FTROP) only will be divided
equally between the state agency and the involved county agency.
Subd. 2. [RETENTION RATES FOR AFDC AND MFIP.] (a) When an
assistance recovery amount is collected and posted by a county
agency under the provisions governing the aid to families with
dependent children program formerly codified in 1996 in sections
256.72 to 256.87 or MFIP under chapter 256J, the commissioner
shall reimburse the county agency from the proceeds of the
recovery using the applicable rate specified in paragraph (b) or
(c).
(b) For recoveries of overpayments made on or before
September 30, 1996, from the aid to families with dependent
children program including the emergency assistance program, the
commissioner shall reimburse the county agency at a rate of
one-quarter of the recovery made by any method other than
recoupment.
(c) For recoveries of overpayments made after September 30,
1996, from the aid to families with dependent children including
the emergency assistance program and programs funded in whole or
in part by the temporary assistance to needy families program
under section 256J.02, subdivision 2, and recoveries of
nonfederally funded food assistance under section 256J.11, the
commissioner shall reimburse the county agency at a rate of
one-quarter of the recovery made by any method other than
recoupment.
EFFECTIVE DATE: This section is effective January 1, 2001.
Sec. 4. Minnesota Statutes 1998, section 256.741, is
amended by adding a subdivision to read:
Subd. 15. [CHILD SUPPORT DISTRIBUTION.] The state shall
distribute current child support and maintenance received by the
state to an individual who assigns the right to that support
under subdivision 2, paragraph (a).
EFFECTIVE DATE: This section is effective January 1, 2001.
Sec. 5. Minnesota Statutes 1999 Supplement, section
256D.053, subdivision 1, is amended to read:
Subdivision 1. [PROGRAM ESTABLISHED.] The Minnesota food
assistance program is established to provide food assistance to
legal noncitizens residing in this state who are ineligible to
participate in the federal Food Stamp Program solely due to the
provisions of section 402 or 403 of Public Law Number 104-193,
as authorized by Title VII of the 1997 Emergency Supplemental
Appropriations Act, Public Law Number 105-18, and as amended by
Public Law Number 105-185.
Beginning July 1, 2000 2002, the Minnesota food assistance
program is limited to those noncitizens described in this
subdivision who are 50 years of age or older.
Sec. 6. Minnesota Statutes 1999 Supplement, section
256J.02, subdivision 2, is amended to read:
Subd. 2. [USE OF MONEY.] State money appropriated for
purposes of this section and TANF block grant money must be used
for:
(1) financial assistance to or on behalf of any minor child
who is a resident of this state under section 256J.12;
(2) employment and training services under this chapter or
chapter 256K;
(3) emergency financial assistance and services under
section 256J.48;
(4) diversionary assistance under section 256J.47;
(5) the health care and human services training and
retention program under chapter 116L, for costs associated with
families with children with incomes below 200 percent of the
federal poverty guidelines;
(6) the pathways program under section 116L.04, subdivision
1a;
(7) welfare-to-work extended employment services for MFIP
participants with severe impairment to employment as defined in
section 268A.15, subdivision 1a;
(8) the family homeless prevention and assistance program
under section 462A.204;
(9) the rent assistance for family stabilization
demonstration project under section 462A.205; and
(10) welfare to work transportation authorized under Public
Law Number 105-178;
(11) reimbursements for the federal share of child support
collections passed through to the custodial parent;
(12) reimbursements for the working family credit under
section 290.0671;
(13) intensive ESL grants under 2000 H.F. No. 3800, article
1, if enacted;
(14) transitional housing programs under section 119A.43;
(15) programs and pilot projects under chapter 256K; and
(16) program administration under this chapter.
EFFECTIVE DATE: Clause (11) of this section is effective
January 1, 2001.
Sec. 7. Minnesota Statutes 1999 Supplement, section
256J.08, subdivision 86, is amended to read:
Subd. 86. [UNEARNED INCOME.] "Unearned income" means
income received by a person that does not meet the definition of
earned income. Unearned income includes income from a contract
for deed, interest, dividends, reemployment compensation,
disability insurance payments, veterans benefits, pension
payments, return on capital investment, insurance payments or
settlements, severance payments, child support and maintenance
payments, and payments for illness or disability whether the
premium payments are made in whole or in part by an employer or
participant.
EFFECTIVE DATE: This section is effective January 1, 2001.
Sec. 8. Minnesota Statutes 1999 Supplement, section
256J.21, subdivision 2, is amended to read:
Subd. 2. [INCOME EXCLUSIONS.] (a) The following must be
excluded in determining a family's available income:
(1) payments for basic care, difficulty of care, and
clothing allowances received for providing family foster care to
children or adults under Minnesota Rules, parts 9545.0010 to
9545.0260 and 9555.5050 to 9555.6265, and payments received and
used for care and maintenance of a third-party beneficiary who
is not a household member;
(2) reimbursements for employment training received through
the Job Training Partnership Act, United States Code, title 29,
chapter 19, sections 1501 to 1792b;
(3) reimbursement for out-of-pocket expenses incurred while
performing volunteer services, jury duty, employment, or
informal carpooling arrangements directly related to employment;
(4) all educational assistance, except the county agency
must count graduate student teaching assistantships,
fellowships, and other similar paid work as earned income and,
after allowing deductions for any unmet and necessary
educational expenses, shall count scholarships or grants awarded
to graduate students that do not require teaching or research as
unearned income;
(5) loans, regardless of purpose, from public or private
lending institutions, governmental lending institutions, or
governmental agencies;
(6) loans from private individuals, regardless of purpose,
provided an applicant or participant documents that the lender
expects repayment;
(7)(i) state income tax refunds; and
(ii) federal income tax refunds;
(8)(i) federal earned income credits;
(ii) Minnesota working family credits;
(iii) state homeowners and renters credits under chapter
290A; and
(iv) federal or state tax rebates;
(9) funds received for reimbursement, replacement, or
rebate of personal or real property when these payments are made
by public agencies, awarded by a court, solicited through public
appeal, or made as a grant by a federal agency, state or local
government, or disaster assistance organizations, subsequent to
a presidential declaration of disaster;
(10) the portion of an insurance settlement that is used to
pay medical, funeral, and burial expenses, or to repair or
replace insured property;
(11) reimbursements for medical expenses that cannot be
paid by medical assistance;
(12) payments by a vocational rehabilitation program
administered by the state under chapter 268A, except those
payments that are for current living expenses;
(13) in-kind income, including any payments directly made
by a third party to a provider of goods and services;
(14) assistance payments to correct underpayments, but only
for the month in which the payment is received;
(15) emergency assistance payments;
(16) funeral and cemetery payments as provided by section
256.935;
(17) nonrecurring cash gifts of $30 or less, not exceeding
$30 per participant in a calendar month;
(18) any form of energy assistance payment made through
Public Law Number 97-35, Low-Income Home Energy Assistance Act
of 1981, payments made directly to energy providers by other
public and private agencies, and any form of credit or rebate
payment issued by energy providers;
(19) Supplemental Security Income, including retroactive
payments;
(20) Minnesota supplemental aid, including retroactive
payments;
(21) proceeds from the sale of real or personal property;
(22) adoption assistance payments under section 259.67;
(23) state-funded family subsidy program payments made
under section 252.32 to help families care for children with
mental retardation or related conditions, consumer support grant
funds under section 256.476, and resources and services for a
disabled household member under one of the home and
community-based waiver services programs under chapter 256B;
(24) interest payments and dividends from property that is
not excluded from and that does not exceed the asset limit;
(25) rent rebates;
(26) income earned by a minor caregiver, minor child
through age 6, or a minor child who is at least a half-time
student in an approved elementary or secondary education
program;
(27) income earned by a caregiver under age 20 who is at
least a half-time student in an approved elementary or secondary
education program;
(28) MFIP child care payments under section 119B.05;
(29) all other payments made through MFIP to support a
caregiver's pursuit of greater self-support;
(30) income a participant receives related to shared living
expenses;
(31) reverse mortgages;
(32) benefits provided by the Child Nutrition Act of 1966,
United States Code, title 42, chapter 13A, sections 1771 to
1790;
(33) benefits provided by the women, infants, and children
(WIC) nutrition program, United States Code, title 42, chapter
13A, section 1786;
(34) benefits from the National School Lunch Act, United
States Code, title 42, chapter 13, sections 1751 to 1769e;
(35) relocation assistance for displaced persons under the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, United States Code, title 42, chapter 61,
subchapter II, section 4636, or the National Housing Act, United
States Code, title 12, chapter 13, sections 1701 to 1750jj;
(36) benefits from the Trade Act of 1974, United States
Code, title 19, chapter 12, part 2, sections 2271 to 2322;
(37) war reparations payments to Japanese Americans and
Aleuts under United States Code, title 50, sections 1989 to
1989d;
(38) payments to veterans or their dependents as a result
of legal settlements regarding Agent Orange or other chemical
exposure under Public Law Number 101-239, section 10405,
paragraph (a)(2)(E);
(39) income that is otherwise specifically excluded from
MFIP consideration in federal law, state law, or federal
regulation;
(40) security and utility deposit refunds;
(41) American Indian tribal land settlements excluded under
Public Law Numbers 98-123, 98-124, and 99-377 to the Mississippi
Band Chippewa Indians of White Earth, Leech Lake, and Mille Lacs
reservations and payments to members of the White Earth Band,
under United States Code, title 25, chapter 9, section 331, and
chapter 16, section 1407;
(42) all income of the minor parent's parents and
stepparents when determining the grant for the minor parent in
households that include a minor parent living with parents or
stepparents on MFIP with other children; and
(43) income of the minor parent's parents and stepparents
equal to 200 percent of the federal poverty guideline for a
family size not including the minor parent and the minor
parent's child in households that include a minor parent living
with parents or stepparents not on MFIP when determining the
grant for the minor parent. The remainder of income is deemed
as specified in section 256J.37, subdivision 1b;
(44) payments made to children eligible for relative
custody assistance under section 257.85;
(45) vendor payments for goods and services made on behalf
of a client unless the client has the option of receiving the
payment in cash; and
(46) the principal portion of a contract for deed payment.
Sec. 9. Minnesota Statutes 1998, section 256J.32, is
amended by adding a subdivision to read:
Subd. 7a. [REQUIREMENT TO REPORT TO IMMIGRATION AND
NATURALIZATION SERVICES.] Notwithstanding subdivision 7,
effective July 1, 2001, the commissioner shall report to the
Immigration and Naturalization Services all undocumented persons
who have been identified through application verification
procedures or by the self-admission of an applicant for
assistance. Reports made under this subdivision must comply
with the requirements of section 411A of the Social Security
Act, as amended, and United States Code, title 8, section 1644.
Sec. 10. Minnesota Statutes 1999 Supplement, section
256J.33, subdivision 4, is amended to read:
Subd. 4. [MONTHLY INCOME TEST.] A county agency must apply
the monthly income test retrospectively for each month of MFIP
eligibility. An assistance unit is not eligible when the
countable income equals or exceeds the MFIP standard of need or
the family wage level for the assistance unit. The income
applied against the monthly income test must include:
(1) gross earned income from employment, prior to mandatory
payroll deductions, voluntary payroll deductions, wage
authorizations, and after the disregards in section 256J.21,
subdivision 4, and the allocations in section 256J.36, unless
the employment income is specifically excluded under section
256J.21, subdivision 2;
(2) gross earned income from self-employment less
deductions for self-employment expenses in section 256J.37,
subdivision 5, but prior to any reductions for personal or
business state and federal income taxes, personal FICA, personal
health and life insurance, and after the disregards in section
256J.21, subdivision 4, and the allocations in section 256J.36;
(3) unearned income after deductions for allowable expenses
in section 256J.37, subdivision 9, and allocations in section
256J.36, unless the income has been specifically excluded in
section 256J.21, subdivision 2;
(4) gross earned income from employment as determined under
clause (1) which is received by a member of an assistance unit
who is a minor child or minor caregiver and less than a
half-time student;
(5) child support and spousal support received or
anticipated to be received by an assistance unit;
(6) the income of a parent when that parent is not included
in the assistance unit;
(7) the income of an eligible relative and spouse who seek
to be included in the assistance unit; and
(8) the unearned income of a minor child included in the
assistance unit.
EFFECTIVE DATE: This section is effective January 1, 2001.
Sec. 11. Minnesota Statutes 1999 Supplement, section
256J.34, subdivision 1, is amended to read:
Subdivision 1. [PROSPECTIVE BUDGETING.] A county agency
must use prospective budgeting to calculate the assistance
payment amount for the first two months for an applicant who has
not received assistance in this state for at least one payment
month preceding the first month of payment under a current
application. Notwithstanding subdivision 3, paragraph (a),
clause (2), a county agency must use prospective budgeting for
the first two months for a person who applies to be added to an
assistance unit. Prospective budgeting is not subject to
overpayments or underpayments unless fraud is determined under
section 256.98.
(a) The county agency must apply the income received or
anticipated in the first month of MFIP eligibility against the
need of the first month. The county agency must apply the
income received or anticipated in the second month against the
need of the second month.
(b) When the assistance payment for any part of the first
two months is based on anticipated income, the county agency
must base the initial assistance payment amount on the
information available at the time the initial assistance payment
is made.
(c) The county agency must determine the assistance payment
amount for the first two months of MFIP eligibility by budgeting
both recurring and nonrecurring income for those two months.
(d) The county agency must budget the child support income
received or anticipated to be received by an assistance unit to
determine the assistance payment amount from the month of
application through the date in which MFIP eligibility is
determined and assistance is authorized. Child support income
which has been budgeted to determine the assistance payment in
the initial two months is considered nonrecurring income. An
assistance unit must forward any payment of child support to the
child support enforcement unit of the county agency following
the date in which assistance is authorized.
EFFECTIVE DATE: This section is effective January 1, 2001.
Sec. 12. Minnesota Statutes 1999 Supplement, section
256J.34, subdivision 4, is amended to read:
Subd. 4. [SIGNIFICANT CHANGE IN GROSS INCOME.] The county
agency must recalculate the assistance payment when an
assistance unit experiences a significant change, as defined in
section 256J.08, resulting in a reduction in the gross income
received in the payment month from the gross income received in
the budget month. The county agency must issue a supplemental
assistance payment based on the county agency's best estimate of
the assistance unit's income and circumstances for the payment
month. Supplemental assistance payments that result from
significant changes are limited to two in a 12-month period
regardless of the reason for the change. Notwithstanding any
other statute or rule of law, supplementary assistance payments
shall not be made when the significant change in income is the
result of receipt of a lump sum, receipt of an extra paycheck,
business fluctuation in self-employment income, or an assistance
unit member's participation in a strike or other labor
action. Supplementary assistance payments due to a significant
change in the amount of direct support received must not be made
after the date the assistance unit is required to forward
support to the child support enforcement unit under subdivision
1, paragraph (d).
EFFECTIVE DATE: This section is effective January 1, 2001.
Sec. 13. Minnesota Statutes 1999 Supplement, section
256J.37, subdivision 9, is amended to read:
Subd. 9. [UNEARNED INCOME.] (a) The county agency must
apply unearned income to the MFIP standard of need. When
determining the amount of unearned income, the county agency
must deduct the costs necessary to secure payments of unearned
income. These costs include legal fees, medical fees, and
mandatory deductions such as federal and state income taxes.
(b) Effective January July 1, 2001, the county agency shall
count $100 of the value of public and assisted rental subsidies
provided through the Department of Housing and Urban Development
(HUD) as unearned income. The full amount of the subsidy must
be counted as unearned income when the subsidy is less than $100.
(c) The provisions of paragraph (b) shall not apply to MFIP
participants who are exempt from the employment and training
services component because they are:
(i) individuals who are age 60 or older;
(ii) individuals who are suffering from a professionally
certified permanent or temporary illness, injury, or incapacity
which is expected to continue for more than 30 days and which
prevents the person from obtaining or retaining employment; or
(iii) caregivers whose presence in the home is required
because of the professionally certified illness or incapacity of
another member in the assistance unit, a relative in the
household, or a foster child in the household.
(d) The provisions of paragraph (b) shall not apply to an
MFIP assistance unit where the parental caregiver receives
supplemental security income.
Sec. 14. Minnesota Statutes 1998, section 256J.45,
subdivision 3, is amended to read:
Subd. 3. [GOOD CAUSE EXEMPTIONS FOR NOT ATTENDING
ORIENTATION.] (a) The county agency shall not impose the
sanction under section 256J.46 if it determines that the
participant has good cause for failing to attend orientation.
Good cause exists when:
(1) appropriate child care is not available;
(2) the participant is ill or injured;
(3) a family member is ill and needs care by the
participant that prevents the participant from attending
orientation. For a caregiver with a child or adult in the
household who meets the disability or medical criteria for home
care services under section 256B.0627, subdivision 1, paragraph
(c) or a home and community-based waiver services program under
chapter 256B, or meets the criteria for severe emotional
disturbance under section 245.4871, subdivision 6, or for
serious and persistent mental illness under section 245.462,
subdivision 20, paragraph (c), good cause also exists when an
interruption in the provision of those services occurs which
prevents the participant from attending orientation;
(4) the caregiver is unable to secure necessary
transportation;
(5) the caregiver is in an emergency situation that
prevents orientation attendance;
(6) the orientation conflicts with the caregiver's work,
training, or school schedule; or
(7) the caregiver documents other verifiable impediments to
orientation attendance beyond the caregiver's control.
(b) Counties must work with clients to provide child care
and transportation necessary to ensure a caregiver has every
opportunity to attend orientation.
Sec. 15. Minnesota Statutes 1998, section 256J.47,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] A family is eligible to
receive diversionary assistance once every 36 12 months if:
(1) a family member has resided in this state for at least
30 days;
(2) the caregiver provides verification that the caregiver
has either experienced an unexpected occurrence that makes it
impossible to retain or obtain employment or the caregiver has a
temporary loss of income, which is not due to refusing to accept
or terminating suitable employment as defined in section
256J.49, without good cause under section 256J.57, resulting in
an emergency;
(3) the caregiver is at risk of MFIP-S eligibility if
diversionary assistance is not provided and household income is
below 140 200 percent of the federal poverty guidelines; and
(4) the diversionary assistance will resolve the emergency
and divert the family from applying for MFIP-S.
For purposes of this section, diversionary assistance means
a one-time lump-sum payment to an individual or third-party
vendor to prevent long-term receipt of public assistance.
Sec. 16. Minnesota Statutes 1998, section 256J.49,
subdivision 13, is amended to read:
Subd. 13. [WORK ACTIVITY.] "Work activity" means any
activity in a participant's approved employment plan that is
tied to the participant's employment goal. For purposes of the
MFIP-S MFIP program, any activity that is included in a
participant's approved employment plan meets the definition of
work activity as counted under the federal participation
standards. Work activity includes, but is not limited to:
(1) unsubsidized employment;
(2) subsidized private sector or public sector employment,
including grant diversion as specified in section 256J.69;
(3) work experience, including CWEP as specified in section
256J.67, and including work associated with the refurbishing of
publicly assisted housing if sufficient private sector
employment is not available;
(4) on-the-job training as specified in section 256J.66;
(5) job search, either supervised or unsupervised;
(6) job readiness assistance;
(7) job clubs, including job search workshops;
(8) job placement;
(9) job development;
(10) job-related counseling;
(11) job coaching;
(12) job retention services;
(13) job-specific training or education;
(14) job skills training directly related to employment;
(15) the self-employment investment demonstration (SEID),
as specified in section 256J.65;
(16) preemployment activities, based on availability and
resources, such as volunteer work, literacy programs and related
activities, citizenship and classes, English as a second
language (ESL) classes as limited by the provisions of section
256J.52, subdivisions 3, paragraph (d), and 5, paragraph (c), or
participation in dislocated worker services, chemical dependency
treatment, mental health services, peer group networks,
displaced homemaker programs, strength-based resiliency
training, parenting education, or other programs designed to
help families reach their employment goals and enhance their
ability to care for their children;
(17) community service programs;
(18) vocational educational training or educational
programs that can reasonably be expected to lead to employment,
as limited by the provisions of section 256J.53;
(19) apprenticeships;
(20) satisfactory attendance in general educational
development diploma classes or an adult diploma program;
(21) satisfactory attendance at secondary school, if the
participant has not received a high school diploma;
(22) adult basic education classes;
(23) internships;
(24) bilingual employment and training services;
(25) providing child care services to a participant who is
working in a community service program; and
(26) activities included in a safety plan that is developed
under section 256J.52, subdivision 6.
Sec. 17. Minnesota Statutes 1998, section 256J.50,
subdivision 5, is amended to read:
Subd. 5. [PARTICIPATION REQUIREMENTS FOR SINGLE-PARENT AND
TWO-PARENT ALL CASES.] (a) A county must establish a uniform
schedule for requiring participation by single parents.
Mandatory participation must be required within six months of
eligibility for cash assistance. For two-parent cases,
participation is required concurrent with the receipt of MFIP-S
MFIP cash assistance.
For single-parent cases, participation is required
concurrent with the receipt of MFIP cash assistance for all
counties except Blue Earth and Nicollet, effective July 1, 2000,
and is required for Blue Earth and Nicollet counties effective
January 1, 2001. For Blue Earth and Nicollet counties only,
from July 1, 2000 to December 31, 2000, mandatory participation
for single-parent cases must be required within six months of
eligibility for cash assistance.
(b) Beginning January 1, 1998, with the exception of
caregivers required to attend high school under the provisions
of section 256J.54, subdivision 5, MFIP caregivers, upon
completion of the secondary assessment, must develop an
employment plan and participate in work activities.
(c) Upon completion of the secondary assessment:
(1) In single-parent families with no children under six
years of age, the job counselor and the caregiver must develop
an employment plan that includes 20 to 35 hours per week of work
activities for the period January 1, 1998, to September 30,
1998; 25 to 35 hours of work activities per week in federal
fiscal year 1999; and 30 to 35 hours per week of work activities
in federal fiscal year 2000 and thereafter.
(2) In single-parent families with a child under six years
of age, the job counselor and the caregiver must develop an
employment plan that includes 20 to 35 hours per week of work
activities.
(3) In two-parent families, the job counselor and the
caregivers must develop employment plans which result in a
combined total of at least 55 hours per week of work activities.
Sec. 18. Minnesota Statutes 1998, section 256J.50,
subdivision 7, is amended to read:
Subd. 7. [LOCAL SERVICE UNIT PLAN.] (a) Each local or
county service unit shall prepare and submit a plan as specified
in section 268.88.
(b) The plan must include a description of how projects
funded under the local intervention grants for self-sufficiency
in section 256J.625, subdivisions 2 and 3, operate in the local
service unit, including:
(1) the target populations of hard-to-employ participants
and working participants in need of job retention and wage
advancement services, with a description of how individual
participant needs will be met;
(2) services that will be provided which may include paid
work experience, enhanced mental health services, outreach to
sanctioned families, child care for social services, child care
transition year set-aside, homeless and housing advocacy, and
transportation;
(3) projected expenditures by activity;
(4) anticipated program outcomes including the anticipated
impact the intervention efforts will have on performance
measures under section 256J.751 and on reducing the number of
MFIP participants expected to reach their 60-month time limit;
and
(5) a description of services that are provided or will be
provided to MFIP participants affected by chemical dependency,
mental health issues, learning disabilities, or family violence.
Each plan must demonstrate how the county or tribe is
working within its organization and with other organizations in
the community to serve hard-to-employ populations, including how
organizations in the community were engaged in planning for use
of these funds, services other entities will provide under the
plan, and whether multicounty or regional strategies are being
implemented as part of this plan.
(c) Activities and expenditures in the plan must enhance or
supplement MFIP activities without supplanting existing
activities and expenditures. However, this paragraph does not
require a county to maintain either:
(1) its current provision of child care assistance to MFIP
families through the expenditure of county resources under
chapter 256E for social services child care assistance if funds
are appropriated by another law for an MFIP social services
child care pool;
(2) its current provision of transition-year child care
assistance through the expenditure of county resources if funds
are appropriated by another law for this purpose; or
(3) its current provision of intensive ESL programs through
the expenditure of county resources if funds are appropriated by
another law for intensive ESL grants.
(d) The plan required under this subdivision must be
approved before the local or county service unit is eligible to
receive funds under section 256J.625, subdivisions 2 and 3.
Sec. 19. Minnesota Statutes 1999 Supplement, section
256J.52, subdivision 3, is amended to read:
Subd. 3. [JOB SEARCH; JOB SEARCH SUPPORT PLAN.] (a) If,
after the initial assessment, the job counselor determines that
the participant possesses sufficient skills that the participant
is likely to succeed in obtaining suitable employment, the
participant must conduct job search for a period of up to eight
weeks, for at least 30 hours per week. The participant must
accept any offer of suitable employment. Upon agreement by the
job counselor and the participant, a job search support plan may
limit a job search to jobs that are consistent with the
participant's employment goal. The job counselor and
participant must develop a job search support plan which
specifies, at a minimum: whether the job search is to be
supervised or unsupervised; support services that will be
provided while the participant conducts job search activities;
the courses necessary to obtain certification or licensure, if
applicable, and after obtaining the license or certificate, the
client must comply with subdivision 5; and how frequently the
participant must report to the job counselor on the status of
the participant's job search activities. The job search support
plan may must also specify that the participant fulfill a
specified portion no more than half of the required hours of job
search through attending adult basic education or English as a
second language classes, if one or both of those activities are
approved by the job counselor.
(b) During the eight-week job search period, either the job
counselor or the participant may request a review of the
participant's job search plan and progress towards obtaining
suitable employment. If a review is requested by the
participant, the job counselor must concur that the review is
appropriate for the participant at that time. If a review is
conducted, the job counselor may make a determination to conduct
a secondary assessment prior to the conclusion of the job search.
(c) Failure to conduct the required job search, to accept
any offer of suitable employment, to develop or comply with a
job search support plan, or voluntarily quitting suitable
employment without good cause results in the imposition of a
sanction under section 256J.46. If at the end of eight weeks
the participant has not obtained suitable employment, the job
counselor must conduct a secondary assessment of the participant
under subdivision 3.
(d) In order for an English as a second language (ESL)
class to be an approved work activity, a participant must be at
or below a spoken language proficiency level of SPL5 or its
equivalent, as measured by a nationally recognized test. A
participant may not be approved for more than a total of 24
months of ESL activities while participating in the employment
and training services component of MFIP. In approving ESL as a
work activity, the job counselor must give preference to
enrollment in an intensive ESL program, if one is available,
over a regular ESL program. If an intensive ESL program is
approved, the restriction in paragraph (a) that no more than
half of the required hours of job search is fulfilled through
attending ESL classes does not apply.
Sec. 20. Minnesota Statutes 1999 Supplement, section
256J.52, subdivision 5, is amended to read:
Subd. 5. [EMPLOYMENT PLAN; CONTENTS.] (a) Based on the
secondary assessment under subdivision 4, the job counselor and
the participant must develop an employment plan for the
participant that includes specific activities that are tied to
an employment goal and a plan for long-term self-sufficiency,
and that is designed to move the participant along the most
direct path to unsubsidized employment. The employment plan
must list the specific steps that will be taken to obtain
employment and a timetable for completion of each of the steps.
Upon agreement by the job counselor and the participant, the
employment plan may limit a job search to jobs that are
consistent with the participant's employment goal.
(b) As part of the development of the participant's
employment plan, the participant shall have the option of
selecting from among the vendors or resources that the job
counselor determines will be effective in supplying one or more
of the services necessary to meet the employment goals specified
in the participant's plan. In compiling the list of vendors and
resources that the job counselor determines would be effective
in meeting the participant's employment goals, the job counselor
must determine that adequate financial resources are available
for the vendors or resources ultimately selected by the
participant.
(c) In order for an English as a second language (ESL)
class to be an approved work activity, a participant must be at
or below a spoken language proficiency level of SPL5 or its
equivalent, as measured by a nationally recognized test. A
participant may not be approved for more than a total of 24
months of ESL activities while participating in the employment
and training services component of MFIP. In approving ESL as a
work activity, the job counselor must give preference to
enrollment in an intensive ESL program, if one is available,
over a regular ESL program.
(d) The job counselor and the participant must sign the
developed plan to indicate agreement between the job counselor
and the participant on the contents of the plan.
Sec. 21. Minnesota Statutes 1999 Supplement, section
256J.56, is amended to read:
256J.56 [EMPLOYMENT AND TRAINING SERVICES COMPONENT;
EXEMPTIONS.]
(a) An MFIP caregiver is exempt from the requirements of
sections 256J.52 to 256J.55 if the caregiver belongs to any of
the following groups:
(1) individuals who are age 60 or older;
(2) individuals who are suffering from a professionally
certified permanent or temporary illness, injury, or incapacity
which is expected to continue for more than 30 days and which
prevents the person from obtaining or retaining employment.
Persons in this category with a temporary illness, injury, or
incapacity must be reevaluated at least quarterly;
(3) caregivers whose presence in the home is required
because of the professionally certified illness or incapacity of
another member in the assistance unit, a relative in the
household, or a foster child in the household;
(4) women who are pregnant, if the pregnancy has resulted
in a professionally certified incapacity that prevents the woman
from obtaining or retaining employment;
(5) caregivers of a child under the age of one year who
personally provide full-time care for the child. This exemption
may be used for only 12 months in a lifetime. In two-parent
households, only one parent or other relative may qualify for
this exemption;
(6) individuals who are single parents, or one parent in a
two-parent family, employed at least 35 hours per week;
(7) individuals experiencing a personal or family crisis
that makes them incapable of participating in the program, as
determined by the county agency. If the participant does not
agree with the county agency's determination, the participant
may seek professional certification, as defined in section
256J.08, that the participant is incapable of participating in
the program.
Persons in this exemption category must be reevaluated
every 60 days; or
(8) second parents in two-parent families employed for 20
or more hours per week, provided the first parent is employed at
least 35 hours per week; or
(9) caregivers with a child or an adult in the household
who meets the disability or medical criteria for home care
services under section 256B.0627, subdivision 1, paragraph (c),
or a home and community-based waiver services program under
chapter 256B, or meets the criteria for severe emotional
disturbance under section 245.4871, subdivision 6, or for
serious and persistent mental illness under section 245.462,
subdivision 20, paragraph (c). Caregivers in this exemption
category are presumed to be prevented from obtaining or
retaining employment.
A caregiver who is exempt under clause (5) must enroll in
and attend an early childhood and family education class, a
parenting class, or some similar activity, if available, during
the period of time the caregiver is exempt under this section.
Notwithstanding section 256J.46, failure to attend the required
activity shall not result in the imposition of a sanction.
(b) The county agency must provide employment and training
services to MFIP caregivers who are exempt under this section,
but who volunteer to participate. Exempt volunteers may request
approval for any work activity under section 256J.49,
subdivision 13. The hourly participation requirements for
nonexempt caregivers under section 256J.50, subdivision 5, do
not apply to exempt caregivers who volunteer to participate.
Sec. 22. [256J.625] [LOCAL INTERVENTION GRANTS FOR
SELF-SUFFICIENCY.]
Subdivision 1. [ESTABLISHMENT; GUARANTEED MINIMUM
ALLOCATION.] (a) The commissioner shall make grants under this
subdivision to assist county and tribal TANF programs to more
effectively serve hard-to-employ MFIP participants. Funds
appropriated for local intervention grants for self-sufficiency
must be allocated first in amounts equal to the guaranteed
minimum in paragraph (b), and second according to the provisions
of subdivision 2. Any remaining funds must be allocated
according to the formula in subdivision 3. Counties or tribes
must have an approved local service unit plan under section
256J.50, subdivision 7, paragraph (b), in order to receive and
expend funds under subdivisions 2 and 3.
(b) Each county or tribal program shall receive a
guaranteed minimum annual allocation of $25,000.
Subd. 2. [SET-ASIDE FUNDS.] (a) Of the funds appropriated
for grants under this section, after the allocation in
subdivision 1, paragraph (b), is made, 20 percent of the
remaining funds each year shall be retained by the commissioner
and awarded to counties or tribes whose approved plans
demonstrate additional need based on their identification of
hard-to-employ families and working participants in need of job
retention and wage advancement services, strong anticipated
outcomes for families and an effective plan for monitoring
performance, or, use of a multicounty, multi-entity or regional
approach to serve hard-to-employ families and working
participants in need of job retention and wage advancement
services who are identified as a target population to be served
in the plan submitted under section 256J.50, subdivision 7,
paragraph (b). In distributing funds under this paragraph, the
commissioner must achieve a geographic balance. The
commissioner may award funds under this paragraph to other
public, private, or nonprofit entities to deliver services in a
county or region where the entity or entities submit a plan that
demonstrates a strong capability to fulfill the terms of the
plan and where the plan shows an innovative or multi-entity
approach.
(b) For fiscal year 2001 only, of the funds available under
this subdivision the commissioner must allocate funding in the
amounts specified in article 1, section 2, subdivision 7, for an
intensive intervention transitional employment training project
and for nontraditional career assistance and training programs.
These allocations must occur before any set-aside funds are
allocated under paragraph (a).
Subd. 2a. [ALTERNATIVE DISTRIBUTION FORMULA.] (a) By
January 31, 2001, the commissioner of human services must
develop and present to the appropriate legislative committees a
distribution formula that is an alternative to the formula
allocation specified in subdivision 3. The proposed
distribution formula must target hard-to-employ MFIP
participants, and it must include an incentive-based component
that is designed to encourage county and tribal programs to
effectively serve hard-to-employ participants. The
commissioner's proposal must also be designed to be implemented
for fiscal years 2002 and 2003 in place of the formula
allocation specified in subdivision 3.
(b) Notwithstanding the provisions of subdivision 2,
paragraph (a), if the commissioner does not develop a proposed
formula as required in paragraph (a), the set-aside funds for
fiscal years 2002 and 2003 that the commissioner would otherwise
distribute under subdivision 2, paragraph (a), must not be
distributed under that provision. Funds available under
subdivision 2, paragraph (a), must instead be allocated in equal
amounts to each county and tribal program in fiscal years 2002
and 2003.
Subd. 3. [FORMULA ALLOCATION.] Funds remaining after the
allocations in subdivisions 1 and 2 must be allocated as follows:
(1) 85 percent shall be allocated in proportion to each
county's and tribal TANF program's one-parent MFIP cases that
have received MFIP assistance for at least 25 months, as sampled
on December 31 of the previous calendar year, excluding cases
where all caregivers are age 60 or over.
(2) 15 percent shall be allocated to each county's and
tribal TANF program's two-parent MFIP cases that have received
MFIP assistance for at least 25 months, as sampled on December
31 of the previous calendar year, excluding cases where all
caregivers are age 60 or over.
Subd. 4. [USE OF FUNDS.] (a) A county or tribal program
may use funds allocated under this subdivision to provide
services to MFIP participants who are hard-to-employ and their
families. Services provided must be intended to reduce the
number of MFIP participants who are expected to reach the
60-month time limit under section 256J.42. Counties, tribes,
and other entities receiving funds under subdivisions 2 or 3
must submit semiannual progress reports to the commissioner
which detail program outcomes.
(b) Funds allocated under this section may not be used to
provide benefits that are defined as "assistance" in Code of
Federal Regulations, title 45, section 260.31, to an assistance
unit that is only receiving the food portion of MFIP benefits.
(c) A county may use funds allocated under this section for
that part of the match for federal access to jobs transportation
funds that is TANF-eligible. A county may also use funds
allocated under this section to enhance transportation choices
for eligible recipients up to 150 percent of the federal poverty
guidelines.
Subd. 5. [SUNSET.] The grant program under this section
sunsets on June 30, 2003.
Sec. 23. [256J.655] [NONTRADITIONAL CAREER ASSISTANCE AND
TRAINING.]
With the approval of the job counselor, a participant may
enroll and participate in a nontraditional career assistance and
training (NCAT) program under section 256K.30. An MFIP
recipient participating in an NCAT program with the approval of
the job counselor is also eligible for employment and training
services, including child care and transportation.
Sec. 24. [256J.88] [CHILD ONLY TANF PROGRAM.]
Children who receive assistance under this chapter, in
which the assistance unit does not include a caregiver, but only
includes a minor child, shall become part of the program
established under this section.
Sec. 25. [256K.25] [SUPPORTIVE HOUSING AND MANAGED CARE
PILOT PROJECT.]
Subdivision 1. [ESTABLISHMENT AND PURPOSE.] (a) The
commissioner shall establish a supportive housing and managed
care pilot project in two counties, one within the seven-county
metropolitan area and one outside of that area, to determine
whether the integrated delivery of employment services,
supportive services, housing, and health care into a single,
flexible program will:
(1) reduce public expenditures on homeless families with
minor children, homeless noncustodial parents, and other
homeless individuals;
(2) increase the employment rates of these persons; and
(3) provide a new alternative to providing services to this
hard-to-serve population.
(b) The commissioner shall create a program for counties
for the purpose of providing integrated intensive and
individualized case management services, employment services,
health care services, rent subsidies or other short- or
medium-term housing assistance, and other supportive services to
eligible families and individuals. Minimum project and
application requirements shall be developed by the commissioner
in cooperation with counties and their nonprofit partners with
the goal to provide the maximum flexibility in program design.
(c) Services available under this project must be
coordinated with available health care services for an eligible
project participant.
Subd. 2. [DEFINITION.] For purposes of this section,
"homeless" means having no appropriate housing available and
lacking the resources necessary to access permanent housing, as
determined by the county requesting funding under subdivision 3,
and:
(1) living, or being at imminent risk of living, on the
street or in a shelter; or
(2) having been evicted from a dwelling or discharged from
a regional treatment center, state-operated community-based
program, community hospital, or residential treatment program.
Subd. 3. [COUNTY ELIGIBILITY.] A county may request
funding under this pilot project if the county:
(1) agrees to develop, in cooperation with nonprofit
partners, a supportive housing and managed care pilot project
that integrates the delivery of employment services, supportive
services, housing and health care for eligible families and
individuals, or agrees to contract with an existing integrated
program;
(2) for eligible participants who are also MFIP recipients,
agrees to develop, in cooperation with nonprofit partners,
procedures to ensure that the services provided under the pilot
project are closely coordinated with the services provided under
MFIP; and
(3) develops a method for evaluating the quality of the
integrated services provided and the amount of any resulting
cost savings to the county and state.
Subd. 4. [PARTICIPANT ELIGIBILITY.] (a) In order to be
eligible for the pilot project, the county must determine that a
participant is homeless or is at risk of homelessness; has a
mental illness, a history of substance abuse, or HIV; and is a
family that meets the criteria in paragraph (b) or is an
individual who meets the criteria in paragraph (c).
(b) An eligible family must include a minor child or a
pregnant woman, and:
(1) be receiving or be eligible for MFIP assistance under
chapter 256J; or
(2) include an adult caregiver who is employed or is
receiving employment and training services, and have household
income below the MFIP exit level in section 256J.24, subdivision
10.
(c) An eligible individual must:
(1) meet the eligibility requirements of the group
residential housing program under section 256I.04, subdivision
1; or
(2) be a noncustodial parent who is employed or is
receiving employment and training services, and have household
income below the MFIP exit level in section 256J.24, subdivision
10.
Subd. 5. [FUNDING.] A county may request funding from the
commissioner for a specified number of TANF-eligible project
participants. The commissioner shall review the request for
compliance with subdivisions 1 to 4 and may approve or
disapprove the request. If other funds are available, the
commissioner may allocate funding for project participants who
meet the eligibility requirements of subdivision 4, paragraph
(c).
Subd. 6. [REPORT.] Participating counties and the
commissioner shall collaborate to prepare and issue an annual
report, beginning December 1, 2001, to the chairs of the
appropriate legislative committees on the pilot project's use of
public resources, including other funds leveraged for this
initiative, the employment and housing status of the families
and individuals served in the project, and the
cost-effectiveness of the project. The annual report must also
evaluate the pilot project with respect to the following project
goals: that participants will lead more productive, healthier,
more stable and better quality lives; that the teams created
under the project to deliver services for each project
participant will be accountable for ensuring that services are
more appropriate, cost-effective and well-coordinated; and that
the system-wide costs of serving this population, and the
inappropriate use of emergency, crisis-oriented or institutional
services, will be materially reduced. The commissioner shall
provide data that may be needed to evaluate the project to
participating counties that request the data.
Subd. 7. [SUNSET.] The pilot project under this section
sunsets on June 30, 2006.
Sec. 26. [256K.30] [GRANTS FOR NONTRADITIONAL CAREER
ASSISTANCE AND TRAINING PROGRAMS.]
Subdivision 1. [ESTABLISHMENT AND PURPOSE.] The
commissioner shall establish a program of reimbursement-based
grants to nonprofit organizations to provide nontraditional
career assistance and training (NCAT) programs that encourage
and assist low-income women with minor children to enter
nontraditional careers in the trades and in manual and technical
operations.
Subd. 2. [REQUIREMENTS FOR GRANTEES.] To be eligible for a
grant under this section, an NCAT program must include the
career assistance component specified in subdivision 4.
Subd. 3. [OUTREACH COMPONENT.] An NCAT program may include
an outreach component that provides outreach to girls and women
through public and private elementary and secondary schools,
appropriate community organizations, or existing state and
county employment and training programs. The outreach must
consist of: general information concerning opportunities for
women in the trades, manual, and technical occupations,
including specific fields where worker shortages exist; and
specific information about training programs offered. The
outreach may include printed or recorded information, hands-on
experiences for women and girls, presentations to women and
girls, or ongoing contact with appropriate staff.
Federal TANF funds may not be used for the outreach
component of an NCAT program.
Subd. 4. [CAREER ASSISTANCE COMPONENT.] An NCAT program
may include a career assistance component that provides the
following assistance for low-income women to enter careers in
the trades and technical occupations:
(1) training designed to prepare women to succeed in
nontraditional occupations, conducted by an NCAT grantee or in
collaboration with another institution. The training must cover
the knowledge and skills required for the trade, information
about on-the-job realities for women in the particular trade,
physical strength and stamina training as needed, opportunities
for developing workplace problem-solving skills, and information
about the current and projected future job market and likely
career path for the trade;
(2) assistance with child care and transportation during
training, during job search, and for at least the first two
months of posttraining employment;
(3) job placement assistance during training, during job
search, and for at least two years after completion of the
training program; and
(4) job retention support may be in the form of mentorship
programs, support groups, or ongoing staff contact for at least
the first year of posttraining employment, including access to
job-related information, assistance with workplace issue
resolution, and access to advocacy services.
Subd. 5. [NCAT; ELIGIBLE PARTICIPANTS.] To be eligible to
enroll in an NCAT program under this section, a participant must
be a female caregiver receiving assistance under chapter 256J or
this chapter.
Subd. 6. [ACCESSIBILITY REQUIRED.] Approved NCAT programs
must be accessible to women who are MFIP participants. Factors
that contribute to a program's accessibility include:
(1) affordability of tuition and supplies;
(2) geographic proximity to low-income neighborhoods, child
care, and public transportation routes; and
(3) flexibility of the hours per week required by the
program and the duration of the program, in order to be
compatible with the program participants' family needs and the
need for participants to be employed during training.
Sec. 27. [256K.35] [AT-RISK YOUTH OUT-OF-WEDLOCK PREGNANCY
PREVENTION PROGRAM.]
Subdivision 1. [ESTABLISHMENT AND PURPOSE.] The
commissioner shall establish a statewide grant program to
prevent or reduce the incidence of out-of-wedlock pregnancies
among homeless, runaway, or thrown-away youth who are at risk of
being prostituted or currently being used in prostitution. The
goal of the out-of-wedlock pregnancy prevention program is to
significantly increase the number of existing short-term shelter
beds for these youth in the state. By providing street outreach
and supportive services for emergency shelter, transitional
housing, and services to reconnect the youth with their families
where appropriate, the number of youth at risk of being sexually
exploited or actually being sexually exploited, and thus at risk
of experiencing an out-of-wedlock pregnancy, will be reduced.
Subd. 2. [FUNDS AVAILABLE.] The commissioner shall make
funds for street outreach and supportive services for emergency
shelter and transitional housing for out-of-wedlock pregnancy
prevention available to eligible nonprofit corporations or
government agencies to provide supportive services for emergency
and transitional housing for at-risk youth. The commissioner
shall consider the need for emergency and transitional housing
supportive services throughout the state, and must give priority
to applicants who offer 24-hour emergency facilities.
Subd. 3. [APPLICATION; ELIGIBILITY.] (a) A nonprofit
corporation or government agency must submit an application to
the commissioner in the form and manner the commissioner
establishes. The application must describe how the applicant
meets the eligibility criteria under paragraph (b). The
commissioner may also require an applicant to provide additional
information.
(b) To be eligible for funding under this section, an
applicant must meet the following criteria:
(1) the applicant must have a commitment to helping the
community, children, and preventing juvenile prostitution. If
the applicant does not have any past experience with youth
involved in or at risk of being used in prostitution, the
applicant must demonstrate knowledge of best practices in this
area and develop a plan to follow those practices;
(2) the applicant must present a plan to communicate with
local law enforcement officials, social services, and the
commissioner consistent with state and federal law; and
(3) the applicant must present a plan to encourage
homeless, runaway, or thrown-away youth to either reconnect with
family or to transition into long-term housing.
Subd. 4. [USES OF FUNDS.] (a) Funds available under this
section must be used to create and maintain supportive services
for emergency shelter and transitional housing for homeless,
runaway, and thrown-away youth. Federal TANF funds must be used
to serve youth and their families with household income below
200 percent of the federal poverty guidelines. If other funds
are available, services may be provided to youth outside of
TANF-eligible families.
(b) Funds available under this section shall not be used to
conduct general education or awareness programs unrelated to the
operation of an emergency shelter or transitional housing.
Sec. 28. Laws 1997, chapter 203, article 9, section 21, as
amended by Laws 1998, chapter 407, article 6, section 111, is
amended to read:
Sec. 21. [INELIGIBILITY FOR STATE FUNDED PROGRAMS.]
(a) Beginning July 1, 2000 Effective on the date specified,
the following persons will be ineligible for general assistance
and general assistance medical care under Minnesota Statutes,
chapter 256D, group residential housing under Minnesota
Statutes, chapter 256I, and MFIP-S MFIP assistance under
Minnesota Statutes, chapter 256J, funded with state money:
(1) Beginning July 1, 2002, persons who are terminated from
or denied Supplemental Security Income due to the 1996 changes
in the federal law making persons whose alcohol or drug
addiction is a material factor contributing to the person's
disability ineligible for Supplemental Security Income, and are
eligible for general assistance under Minnesota Statutes,
section 256D.05, subdivision 1, paragraph (a), clause (17) 15,
general assistance medical care under Minnesota Statutes,
chapter 256D, or group residential housing under Minnesota
Statutes, chapter 256I;
(2) Beginning July 1, 2002, legal noncitizens who are
ineligible for Supplemental Security Income due to the 1996
changes in federal law making certain noncitizens ineligible for
these programs due to their noncitizen status; and
(3) Beginning July 1, 2001, legal noncitizens who are
eligible for MFIP-S MFIP assistance, either the cash assistance
portion or the food assistance portion, funded entirely with
state money.
(b) State money that remains unspent due to changes in
federal law enacted after May 12, 1997, that reduce state
spending for legal noncitizens or for persons whose alcohol or
drug addiction is a material factor contributing to the person's
disability, or enacted after February 1, 1998, that reduce state
spending for food benefits for legal noncitizens shall not
cancel and shall be deposited in the TANF reserve account.
Sec. 29. [PILOT PROJECTS FOR MFIP ELIGIBLE FAMILIES.]
The commissioner of human services shall authorize Dakota
county and four other counties to test alternative approaches to
improve compliance with MFIP work requirements or to encourage
rapid entrance into the workforce. The projects are intended to
improve employability and self-sufficiency outcomes for MFIP
eligible families. These county pilots may test different
approaches which include, but are not limited to, diversion of
MFIP eligible applicants and case suspension or closure for
participants unwilling to fulfill the conditions of the
employment or job search support plan.
For purposes of eligibility for child care assistance under
Minnesota Statutes, chapter 119B, all pilot program participants
shall be eligible for the same benefits as MFIP recipients.
The four counties, other than Dakota county, will be
selected as pilot sites through a request for proposals (RFP)
process. Dakota county's proposal shall meet the same criteria
required of those counties that respond to the RFP. County
proposals must define the nature and scope of the pilot and must
be cost neutral to the state. The commissioner must analyze
proposals for system impacts. The commissioner may authorize
counties to implement these pilots when the state agency
determines the county agency is prepared and any system changes
are complete. The commissioner will work with the counties in
developing policies and guidelines for operating the pilots.
The commissioner will provide technical assistance to county
agencies to evaluate the effectiveness of the pilots. The
commissioner and county agencies shall report the evaluation
findings to the chairs of the house health and human services
and senate health and family security policy and fiscal
committees by February 1, 2002. An interim status report must
be provided to the committee chairs by February 1, 2001.
Sec. 30. [REPORTS ON SAVE IMPLEMENTATION.]
On January 15, 2003, and January 15, 2004, the commissioner
shall report to the chairs of the house health and human
services policy committee and the senate health and family
security committee on the usage and costs of the SAVE program
over the previous year. These reports must include summary,
nonidentifying information on the number of inquiries per month
that were submitted to the SAVE system, the number of times
secondary verifications were pursued as a result of the
inquiries submitted to SAVE, and the number of times the county
determined, as a result of information provided through the SAVE
system, that an applicant to a program listed in section 256.01,
subdivision 18, was ineligible for benefits due to the
applicant's immigration status.
Sec. 31. [REPORT ON EFFECT OF ELIGIBILITY SUNSET DELAY.]
The health care division of the department of human
services shall conduct a study to identify the characteristics
of the GA, GAMC, and GRH recipients for whom program eligibility
has been extended past June 30, 2000, due to a change in state
law. Division staff must collect and report summary information
about the affected recipients that includes, but is not limited
to, information about the recipients': current employment
status and employment history; disabilities; past and present
involvement in chemical dependency treatment or related
services; criminal history, if any; and other barriers that
affect the recipients' ability to live independently. The
report must not include uniquely identifying information about
the affected recipients. The report must also include
information on the actual and projected costs of extending these
recipients' eligibility for the GA, GAMC, and GRH programs past
June 30, 2000. The report must be submitted to the chairs of
the house of representatives and senate policy and fiscal
committees with jurisdiction over these programs by January 15,
2001.
Sec. 32. [REPEALER.]
Laws 1999, chapter 245, article 5, section 24, is repealed.
ARTICLE 11
TECHNICAL CORRECTIONS
Section 1. Minnesota Statutes 1999 Supplement, section
62J.535, subdivision 2, is amended to read:
Subd. 2. [COMPLIANCE.] (a) Concurrent with the effective
dates date of required compliance established under United
States Code, title 42, sections 1320d to 1320d-8, as amended
from time to time, for uniform electronic billing standards, all
health care providers must conform to the uniform billing
standards developed under subdivision 1.
(b) Notwithstanding paragraph (a), the requirements for the
uniform remittance advice report shall be effective 12 months
after the date of the required compliance of the standards for
the electronic remittance advice transaction are effective under
United States Code, title 42, sections 1320d to 1320d-8, as
amended from time to time.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 2. Minnesota Statutes 1998, section 125A.74,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] A district may enroll as a
provider in the medical assistance program and receive medical
assistance payments for covered special education services
provided to persons eligible for medical assistance under
chapter 256B. To receive medical assistance payments, the
district must pay the nonfederal share of medical assistance
services provided according to section 256B.0625, subdivision
26, and comply with relevant provisions of state and federal
statutes and regulations governing the medical assistance
program.
Sec. 3. Minnesota Statutes 1998, section 125A.74,
subdivision 2, is amended to read:
Subd. 2. [FUNDING.] A district that provides a covered
service to an eligible person and complies with relevant
requirements of the medical assistance program is entitled to
receive payment for the service provided, including that portion
of the payment services that will subsequently be reimbursed by
the federal government, in the same manner as other medical
assistance providers. The school district is not required to
provide matching funds or pay part of the costs of the service,
as long as the rate charged for the service does not exceed
medical assistance limits that apply to all medical assistance
providers.
Sec. 4. Minnesota Statutes 1999 Supplement, section
144.395, is amended by adding a subdivision to read:
Subd. 3. [SUNSET.] The tobacco use prevention and local
public health endowment fund expires June 30, 2015. Upon
expiration, the commissioner of finance shall transfer the
principal and any remaining interest to the general fund.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 5. Minnesota Statutes 1999 Supplement, section
144.396, subdivision 11, is amended to read:
Subd. 11. [AUDITS REQUIRED.] The legislative auditor shall
audit tobacco use prevention and local public health endowment
fund expenditures to ensure that the money is spent for tobacco
use prevention measures and public health initiatives.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 6. Minnesota Statutes 1999 Supplement, section
144.396, subdivision 12, is amended to read:
Subd. 12. [ENDOWMENT FUND NOT TO SUPPLANT EXISTING
FUNDING.] Appropriations from the account tobacco use prevention
and local public health endowment fund must not be used as a
substitute for traditional sources of funding tobacco use
prevention activities or public health initiatives. Any local
unit of government receiving money under this section must
ensure that existing local financial efforts remain in place.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 7. Minnesota Statutes 1999 Supplement, section
256B.0916, subdivision 1, is amended to read:
Subdivision 1. [REDUCTION OF WAITING LIST.] (a) The
legislature recognizes that as of January 1, 1999, 3,300 persons
with mental retardation or related conditions have been screened
and determined eligible for the home and community-based waiver
services program for persons with mental retardation or related
conditions. Many wait for several years before receiving
service.
(b) The waiting list for this program shall be reduced or
eliminated by June 30, 2003. In order to reduce the number of
eligible persons waiting for identified services provided
through the home and community-based waiver for persons with
mental retardation or related conditions, during the period from
July 1, 1999, to June 30, 2003, funding shall be increased to
add 100 additional eligible persons each year beyond the
February 1999 medical assistance forecast.
(c) The commissioner shall allocate resources in such a
manner as to use all resources budgeted for the home and
community-based waiver for persons with mental retardation or
related conditions according to the priorities listed in
subdivision 2, paragraph (b), and then to serve other persons on
the waiting list. Resources allocated for a fiscal year to
serve persons affected by public and private sector ICF/MR
closures, but not expected to be expended for that purpose, must
be reallocated within that fiscal year to serve other persons on
the waiting list, and the number of waiver diversion slots shall
be adjusted accordingly.
(d) For fiscal year 2001, at least one-half of the increase
in funding over the previous year provided in the February 1999
medical assistance forecast for the home and community-based
waiver for persons with mental retardation and related
conditions, including changes made by the 1999 legislature, must
be used to serve persons who are not affected by public and
private sector ICF/MR closures.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 8. Minnesota Statutes 1999 Supplement, section
256D.03, subdivision 4, is amended to read:
Subd. 4. [GENERAL ASSISTANCE MEDICAL CARE; SERVICES.] (a)
For a person who is eligible under subdivision 3, paragraph (a),
clause (3), general assistance medical care covers, except as
provided in paragraph (c):
(1) inpatient hospital services;
(2) outpatient hospital services;
(3) services provided by Medicare certified rehabilitation
agencies;
(4) prescription drugs and other products recommended
through the process established in section 256B.0625,
subdivision 13;
(5) equipment necessary to administer insulin and
diagnostic supplies and equipment for diabetics to monitor blood
sugar level;
(6) eyeglasses and eye examinations provided by a physician
or optometrist;
(7) hearing aids;
(8) prosthetic devices;
(9) laboratory and X-ray services;
(10) physician's services;
(11) medical transportation;
(12) chiropractic services as covered under the medical
assistance program;
(13) podiatric services;
(14) dental services;
(15) outpatient services provided by a mental health center
or clinic that is under contract with the county board and is
established under section 245.62;
(16) day treatment services for mental illness provided
under contract with the county board;
(17) prescribed medications for persons who have been
diagnosed as mentally ill as necessary to prevent more
restrictive institutionalization;
(18) psychological services, medical supplies and
equipment, and Medicare premiums, coinsurance and deductible
payments;
(19) medical equipment not specifically listed in this
paragraph when the use of the equipment will prevent the need
for costlier services that are reimbursable under this
subdivision;
(20) services performed by a certified pediatric nurse
practitioner, a certified family nurse practitioner, a certified
adult nurse practitioner, a certified obstetric/gynecological
nurse practitioner, a certified neonatal nurse practitioner, or
a certified geriatric nurse practitioner in independent
practice, if (1) the service is otherwise covered under this
chapter as a physician service, (2) a the service provided on an
inpatient basis is not included as part of the cost for
inpatient services included in the operating payment rate, and
(3) the service is within the scope of practice of the nurse
practitioner's license as a registered nurse, as defined in
section 148.171;
(21) services of a certified public health nurse or a
registered nurse practicing in a public health nursing clinic
that is a department of, or that operates under the direct
authority of, a unit of government, if the service is within the
scope of practice of the public health nurse's license as a
registered nurse, as defined in section 148.171; and
(22) telemedicine consultations, to the extent they are
covered under section 256B.0625, subdivision 3b.
(b) Except as provided in paragraph (c), for a recipient
who is eligible under subdivision 3, paragraph (a), clause (1)
or (2), general assistance medical care covers the services
listed in paragraph (a) with the exception of special
transportation services.
(c) Gender reassignment surgery and related services are
not covered services under this subdivision unless the
individual began receiving gender reassignment services prior to
July 1, 1995.
(d) In order to contain costs, the commissioner of human
services shall select vendors of medical care who can provide
the most economical care consistent with high medical standards
and shall where possible contract with organizations on a
prepaid capitation basis to provide these services. The
commissioner shall consider proposals by counties and vendors
for prepaid health plans, competitive bidding programs, block
grants, or other vendor payment mechanisms designed to provide
services in an economical manner or to control utilization, with
safeguards to ensure that necessary services are provided.
Before implementing prepaid programs in counties with a county
operated or affiliated public teaching hospital or a hospital or
clinic operated by the University of Minnesota, the commissioner
shall consider the risks the prepaid program creates for the
hospital and allow the county or hospital the opportunity to
participate in the program in a manner that reflects the risk of
adverse selection and the nature of the patients served by the
hospital, provided the terms of participation in the program are
competitive with the terms of other participants considering the
nature of the population served. Payment for services provided
pursuant to this subdivision shall be as provided to medical
assistance vendors of these services under sections 256B.02,
subdivision 8, and 256B.0625. For payments made during fiscal
year 1990 and later years, the commissioner shall consult with
an independent actuary in establishing prepayment rates, but
shall retain final control over the rate methodology.
Notwithstanding the provisions of subdivision 3, an individual
who becomes ineligible for general assistance medical care
because of failure to submit income reports or recertification
forms in a timely manner, shall remain enrolled in the prepaid
health plan and shall remain eligible for general assistance
medical care coverage through the last day of the month in which
the enrollee became ineligible for general assistance medical
care.
(e) The commissioner of human services may reduce payments
provided under sections 256D.01 to 256D.21 and 261.23 in order
to remain within the amount appropriated for general assistance
medical care, within the following restrictions:
(i) For the period July 1, 1985 to December 31, 1985,
reductions below the cost per service unit allowable under
section 256.966, are permitted only as follows: payments for
inpatient and outpatient hospital care provided in response to a
primary diagnosis of chemical dependency or mental illness may
be reduced no more than 30 percent; payments for all other
inpatient hospital care may be reduced no more than 20 percent.
Reductions below the payments allowable under general assistance
medical care for the remaining general assistance medical care
services allowable under this subdivision may be reduced no more
than ten percent.
(ii) For the period January 1, 1986 to December 31, 1986,
reductions below the cost per service unit allowable under
section 256.966 are permitted only as follows: payments for
inpatient and outpatient hospital care provided in response to a
primary diagnosis of chemical dependency or mental illness may
be reduced no more than 20 percent; payments for all other
inpatient hospital care may be reduced no more than 15 percent.
Reductions below the payments allowable under general assistance
medical care for the remaining general assistance medical care
services allowable under this subdivision may be reduced no more
than five percent.
(iii) For the period January 1, 1987 to June 30, 1987,
reductions below the cost per service unit allowable under
section 256.966 are permitted only as follows: payments for
inpatient and outpatient hospital care provided in response to a
primary diagnosis of chemical dependency or mental illness may
be reduced no more than 15 percent; payments for all other
inpatient hospital care may be reduced no more than ten
percent. Reductions below the payments allowable under medical
assistance for the remaining general assistance medical care
services allowable under this subdivision may be reduced no more
than five percent.
(iv) For the period July 1, 1987 to June 30, 1988,
reductions below the cost per service unit allowable under
section 256.966 are permitted only as follows: payments for
inpatient and outpatient hospital care provided in response to a
primary diagnosis of chemical dependency or mental illness may
be reduced no more than 15 percent; payments for all other
inpatient hospital care may be reduced no more than five percent.
Reductions below the payments allowable under medical assistance
for the remaining general assistance medical care services
allowable under this subdivision may be reduced no more than
five percent.
(v) For the period July 1, 1988 to June 30, 1989,
reductions below the cost per service unit allowable under
section 256.966 are permitted only as follows: payments for
inpatient and outpatient hospital care provided in response to a
primary diagnosis of chemical dependency or mental illness may
be reduced no more than 15 percent; payments for all other
inpatient hospital care may not be reduced. Reductions below
the payments allowable under medical assistance for the
remaining general assistance medical care services allowable
under this subdivision may be reduced no more than five percent.
(f) There shall be no copayment required of any recipient
of benefits for any services provided under this subdivision. A
hospital receiving a reduced payment as a result of this section
may apply the unpaid balance toward satisfaction of the
hospital's bad debts.
(g) (f) Any county may, from its own resources, provide
medical payments for which state payments are not made.
(h) (g) Chemical dependency services that are reimbursed
under chapter 254B must not be reimbursed under general
assistance medical care.
(i) (h) The maximum payment for new vendors enrolled in the
general assistance medical care program after the base year
shall be determined from the average usual and customary charge
of the same vendor type enrolled in the base year.
(j) (i) The conditions of payment for services under this
subdivision are the same as the conditions specified in rules
adopted under chapter 256B governing the medical assistance
program, unless otherwise provided by statute or rule.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 9. Laws 1999, chapter 245, article 1, section 2,
subdivision 5, is amended to read:
Subd. 5. Basic Health Care Grants
Summary by Fund
General 867,174,000 916,234,000
Health Care
Access 116,490,000 145,469,000
The amounts that may be spent from this
appropriation for each purpose are as
follows:
(a) Minnesota Care Grants-
Health Care
Access 116,490,000 145,469,000
[HOSPITAL INPATIENT COPAYMENTS.] The
commissioner of human services may
require hospitals to refund hospital
inpatient copayments paid by enrollees
pursuant to Minnesota Statutes, section
256L.03, subdivision 5, between March
1, 1999, and December 31, 1999. If the
commissioner requires hospitals to
refund these copayments, the hospitals
shall collect the copayment directly
from the commissioner.
[MINNESOTACARE OUTREACH FEDERAL
MATCHING FUNDS.] Any federal matching
funds received as a result of the
MinnesotaCare outreach activities
authorized by Laws 1997, chapter 225,
article 7, section 2, subdivision 1,
shall be deposited in the health care
access fund and dedicated to the
commissioner to be used for those
outreach purposes.
[FEDERAL RECEIPTS FOR ADMINISTRATION.]
Receipts received as a result of
federal participation pertaining to
administrative costs of the Minnesota
health care reform waiver shall be
deposited as nondedicated revenue in
the health care access fund. Receipts
received as a result of federal
participation pertaining to grants
shall be deposited in the federal fund
and shall offset health care access
funds for payments to providers.
[HEALTH CARE ACCESS FUND.] The
commissioner may expend money
appropriated from the health care
access fund for MinnesotaCare in either
fiscal year of the biennium.
(b) MA Basic Health Care Grants-
Families and Children
General 307,053,000 320,112,000
[COMMUNITY DENTAL CLINICS.] Of this
appropriation, $600,000 in fiscal year
2000 is for the commissioner to provide
start-up grants to establish community
dental clinics under Minnesota
Statutes, section 256B.76, paragraph
(b), clause (5) (4). The commissioner
shall award grants and shall require
grant recipients to match the state
grant with nonstate funding on a
one-to-one basis. This is a one-time
appropriation and shall not become part
of base level funding for this activity
for the 2002-2003 biennium.
(c) MA Basic Health Care Grants-
Elderly & Disabled
General 404,814,000 451,928,000
[SURCHARGE COMPLIANCE.] In the event
that federal financial participation in
the Minnesota medical assistance
program is reduced as a result of a
determination that the surcharge and
intergovernmental transfers governed by
Minnesota Statutes, sections 256.9657
and 256B.19 are out of compliance with
United States Code, title 42, section
1396b(w), or its implementing
regulations or with any other federal
law designed to restrict provider tax
programs or intergovernmental
transfers, the commissioner shall
appeal the determination to the fullest
extent permitted by law and may ratably
reduce all medical assistance and
general assistance medical care
payments to providers other than the
state of Minnesota in order to
eliminate any shortfall resulting from
the reduced federal funding. Any
amount later recovered through the
appeals process shall be used to
reimburse providers for any ratable
reductions taken.
[BLOOD PRODUCTS LITIGATION.] To the
extent permitted by federal law,
Minnesota Statutes, section 256.015,
256B.042, and 256B.15, are waived as
necessary for the limited purpose of
resolving the state's claims in
connection with In re Factor VIII or IX
Concentrate Blood Products Litigation,
MDL-986, No. 93-C7452 (N.D.III.).
(d) General Assistance Medical Care
General 141,805,000 128,012,000
(e) Basic Health Care - Nonentitlement
General 13,502,000 16,182,000
[DENTAL ACCESS GRANT.] Of this
appropriation, $75,000 is from the
general fund to the commissioner in
fiscal year 2000 for a grant to a
nonprofit dental provider group
operating a dental clinic in Clay
county. The grant must be used to
increase access to dental services for
recipients of medical assistance,
general assistance medical care, and
the MinnesotaCare program in the
northwest area of the state. This
appropriation is available the day
following final enactment.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 10. Laws 1999, chapter 245, article 1, section 2,
subdivision 8, is amended to read:
Subd. 8. Continuing Care and
Community Support Grants
General 1,174,195,000 1,259,767,000
Lottery Prize 1,158,000 1,158,000
The amounts that may be spent from this
appropriation for each purpose are as
follows:
(a) Community Social Services
Block Grants
42,597,000 43,498,000
[CSSA TRADITIONAL APPROPRIATION.]
Notwithstanding Minnesota Statutes,
section 256E.06, subdivisions 1 and 2,
the appropriations available under that
section in fiscal years 2000 and 2001
must be distributed to each county
proportionately to the aid received by
the county in calendar year 1998. The
commissioner, in consultation with
counties, shall study the formula
limitations in subdivision 2 of that
section, and report findings and any
recommendations for revision of the
CSSA formula and its formula limitation
provisions to the legislature by
January 15, 2000.
(b) Consumer Support Grants
1,123,000 1,123,000
(c) Aging Adult Service Grants
7,965,000 7,765,000
[LIVING-AT-HOME/BLOCK NURSE PROGRAM.]
Of the general fund appropriation,
$120,000 in fiscal year 2000 and
$120,000 in fiscal year 2001 is for the
commissioner to provide funding to six
additional living-at-home/block nurse
programs. This appropriation shall
become part of the base for the
2002-2003 biennium.
[MINNESOTA SENIOR SERVICE CORPS.] Of
this appropriation, $160,000 for the
biennium is from the general fund to
the commissioner for the following
purposes:
(a) $40,000 in fiscal year 2000 and
$40,000 in fiscal year 2001 is to
increase the hourly stipend by ten
cents per hour in the foster
grandparent program, the retired and
senior volunteer program, and the
senior companion program.
(b) $40,000 in fiscal year 2000 and
$40,000 in fiscal year 2001 is for a
grant to the tri-valley opportunity
council in Crookston to expand services
in the ten-county area of northwestern
Minnesota.
(c) This appropriation shall become
part of the base for the 2002-2003
biennium.
[HEALTH INSURANCE COUNSELING.] Of this
appropriation, $100,000 in fiscal year
2000 and $100,000 in fiscal year 2001
is from the general fund to the
commissioner to transfer to the board
on aging for the purpose of awarding
health insurance counseling and
assistance grants to the area agencies
on aging providing state-funded health
insurance counseling services. Access
to health insurance counseling programs
shall be provided by the senior linkage
line service of the board on aging and
the area agencies on aging. The board
on aging shall explore opportunities
for obtaining alternative funding from
nonstate sources, including
contributions from individuals seeking
health insurance counseling services.
This is a one-time appropriation and
shall not become part of base level
funding for this activity for the
2002-2003 biennium.
(d) Deaf and Hard-of-Hearing
Services Grants
1,859,000 1,760,000
[SERVICES TO DEAF PERSONS WITH MENTAL
ILLNESS.] Of this appropriation,
$100,000 each year is to the
commissioner for a grant to a nonprofit
agency that currently serves deaf and
hard-of-hearing adults with mental
illness through residential programs
and supported housing outreach. The
grant must be used to operate a
community support program for persons
with mental illness that is
communicatively accessible for persons
who are deaf or hard-of-hearing. This
is a one-time appropriation and shall
not become part of base level funding
for this activity for the 2002-2003
biennium.
[DEAF-BLIND ORIENTATION AND MOBILITY
SERVICES.] Of this appropriation,
$120,000 for the biennium is to the
commissioner for a grant to Deaf-Blind
Services Minnesota to hire an
orientation and mobility specialist to
work with deaf-blind people. The
specialist will provide services to
deaf-blind Minnesotans, and training to
teachers and rehabilitation counselors,
on a statewide basis. This is a
one-time appropriation and shall not
become part of base level funding for
this activity for the 2002-2003
biennium.
(e) Mental Health Grants
General 45,169,000 46,528,000
Lottery Prize 1,158,000 1,158,000
[CRISIS HOUSING.] Of the general fund
appropriation, $126,000 in fiscal year
2000 and $150,000 in fiscal year 2001
is to the commissioner for the adult
mental illness crisis housing
assistance program under Minnesota
Statutes, section 245.99. This
appropriation shall become part of the
base for the 2002-2003 biennium.
[ADOLESCENT COMPULSIVE GAMBLING GRANT.]
$150,000 in fiscal year 2000 and
$150,000 in fiscal year 2001 is
appropriated from the lottery prize
fund created under Minnesota Statutes,
section 349A.10, subdivision 2, to the
commissioner for the purposes of a
grant to a compulsive gambling council
located in St. Louis county for a
statewide compulsive gambling
prevention and education project for
adolescents.
(f) Developmental Disabilities
Community Support Grants
9,323,000 10,958,000
[CRISIS INTERVENTION PROJECT.] Of this
appropriation, $40,000 in fiscal year
2000 is to the commissioner for the
action, support, and prevention project
of southeastern Minnesota.
[SILS FUNDING.] Of this appropriation,
$1,000,000 each year is for
semi-independent living services under
Minnesota Statutes, section 252.275.
This appropriation must be added to the
base level funding for this activity
for the 2002-2003 biennium. Unexpended
funds for fiscal year 2000 do not
cancel but are available to the
commissioner for this purpose in fiscal
year 2001.
[FAMILY SUPPORT GRANTS.] Of this
appropriation, $1,000,000 in fiscal
year 2000 and $2,500,000 in fiscal year
2001 is to increase the availability of
family support grants under Minnesota
Statutes, section 252.32. This
appropriation must be added to the base
level funding for this activity for the
2002-2003 biennium. Unexpended funds
for fiscal year 2000 do not cancel but
are available to the commissioner for
this purpose in fiscal year 2001.
(g) Medical Assistance Long-Term
Care Waivers and Home Care
349,052,000 414,240,000
[PROVIDER RATE INCREASES.] (a) The
commissioner shall increase
reimbursement rates by four percent the
first year of the biennium and by three
percent the second year for the
providers listed in paragraph (b). The
increases shall be effective for
services rendered on or after July 1 of
each year.
(b) The rate increases described in
this section shall be provided to home
and community-based waivered services
for persons with mental retardation or
related conditions under Minnesota
Statutes, section 256B.501; home and
community-based waivered services for
the elderly under Minnesota Statutes,
section 256B.0915; waivered services
under community alternatives for
disabled individuals under Minnesota
Statutes, section 256B.49; community
alternative care waivered services
under Minnesota Statutes, section
256B.49; traumatic brain injury
waivered services under Minnesota
Statutes, section 256B.49; nursing
services and home health services under
Minnesota Statutes, section 256B.0625,
subdivision 6a; personal care services
and nursing supervision of personal
care services under Minnesota Statutes,
section 256B.0625, subdivision 19a;
private-duty nursing services under
Minnesota Statutes, section 256B.0625,
subdivision 7; day training and
habilitation services for adults with
mental retardation or related
conditions under Minnesota Statutes,
sections 252.40 to 252.46; alternative
care services under Minnesota Statutes,
section 256B.0913; adult residential
program grants under Minnesota Rules,
parts 9535.2000 to 9535.3000; adult and
family community support grants under
Minnesota Rules, parts 9535.1700 to
9535.1760; semi-independent living
services under Minnesota Statutes,
section 252.275, including SILS funding
under county social services grants
formerly funded under Minnesota
Statutes, chapter 256I; and community
support services for deaf and
hard-of-hearing adults with mental
illness who use or wish to use sign
language as their primary means of
communication.
(c) The commissioner shall increase
reimbursement rates by two percent for
the group residential housing
supplementary service rate under
Minnesota Statutes, section 256I.05,
subdivision 1a, for services rendered
on or after January 1, 2000.
(d) Providers that receive a rate
increase under this section shall use
at least 80 percent of the additional
revenue to increase the compensation
paid to employees other than the
administrator and central office staff.
(e) A copy of the provider's plan for
complying with paragraph (d) must be
made available to all employees. This
must be done by giving each employee a
copy or by posting it in an area of the
provider's operation to which all
employees have access. If an employee
does not receive the salary adjustment
described in the plan and is unable to
resolve the problem with the provider,
the employee may contact the employee's
union representative. If the employee
is not covered by a collective
bargaining agreement, the employee may
contact the commissioner at a phone
number provided by the commissioner and
included in the provider's plan.
(f) Section 13, sunset of uncodified
language, does not apply to this
provision.
[DEVELOPMENTAL DISABILITIES WAIVER
SLOTS.] Of this appropriation,
$1,746,000 in fiscal year 2000 and
$4,683,000 in fiscal year 2001 is to
increase the availability of home and
community-based waiver services for
persons with mental retardation or
related conditions.
(h) Medical Assistance Long-Term
Care Facilities
546,228,000 558,349,000
[MORATORIUM EXCEPTIONS.] Of this
appropriation, $250,000 in fiscal year
2000 and $250,000 in fiscal year 2001
is from the general fund to the
commissioner for the medical assistance
costs of moratorium exceptions approved
by the commissioner of health under
Minnesota Statutes, section 144A.073.
Unexpended money appropriated for
fiscal year 2000 shall not cancel but
shall be available for fiscal year 2001.
[NURSING FACILITY OPERATED BY THE RED
LAKE BAND OF CHIPPEWA INDIANS.] (1) The
medical assistance payment rates for
the 47-bed nursing facility operated by
the Red Lake Band of Chippewa Indians
must be calculated according to
allowable reimbursement costs under the
medical assistance program, as
specified in Minnesota Statutes,
section 246.50, and are subject to the
facility-specific Medicare upper limits.
(2) In addition, the commissioner shall
make available an operating payment
rate adjustment effective July 1, 1999,
and July 1, 2000, that is equal to the
adjustment provided under Minnesota
Statutes, section 256B.431, subdivision
28. The commissioner must use the
facility's final 1998 and 1999 Medicare
cost reports, respectively, to
calculate the adjustment. The
adjustment shall be available based on
a plan submitted and approved according
to Minnesota Statutes, section
256B.431, subdivision 28. Section 13,
sunset of uncodified language, does not
apply to this paragraph.
[COSTS RELATED TO FACILITY
CERTIFICATION.] Of this appropriation,
$168,000 is for the costs of providing
one-half the state share of medical
assistance reimbursement for
residential and day habilitation
services under article 3, section 39 43.
This amount is available the day
following final enactment.
(i) Alternative Care Grants
General 60,873,000 59,981,000
[ALTERNATIVE CARE TRANSFER.] Any money
allocated to the alternative care
program that is not spent for the
purposes indicated does not cancel but
shall be transferred to the medical
assistance account.
[PREADMISSION SCREENING AMOUNT.] The
preadmission screening payment to all
counties shall continue at the payment
amount in effect for fiscal year 1999.
[ALTERNATIVE CARE APPROPRIATION.] The
commissioner may expend the money
appropriated for the alternative care
program for that purpose in either year
of the biennium.
(j) Group Residential Housing
General 66,477,000 70,390,000
[GROUP RESIDENTIAL FACILITY FOR WOMEN
IN RAMSEY COUNTY.] (a) Notwithstanding
Minnesota Statutes 1998, section
256I.05, subdivision 1d, the new 23-bed
group residential facility for women in
Ramsey county, with approval by the
county agency, may negotiate a
supplementary service rate in addition
to the board and lodging rate for
facilities licensed and registered by
the Minnesota department of health
under Minnesota Statutes, section 15.17
157.17. The supplementary service rate
shall not exceed $564 per person per
month and the total rate may not exceed
$1,177 per person per month.
(b) Of the general fund appropriation,
$19,000 in fiscal year 2000 and $38,000
in fiscal year 2001 is to the
commissioner for the costs associated
with paragraph (a). This appropriation
shall become part of the base for the
2002-2003 biennium.
(k) Chemical Dependency
Entitlement Grants
General 36,751,000 38,847,000
(l) Chemical Dependency
Nonentitlement Grants
General 6,778,000 6,328,000
[CHEMICAL DEPENDENCY SERVICES.] Of this
appropriation, $450,000 in fiscal year
2000 is to the commissioner for
chemical dependency services to persons
who qualify under Minnesota Statutes,
section 254B.04, subdivision 1,
paragraph (b).
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 11. Laws 1999, chapter 245, article 4, section 121,
is amended to read:
Sec. 121. [EFFECTIVE DATE.]
(a) Sections 3, 4, 5, 45, 95, and 97, subdivision 3,
paragraph (d), are effective July 1, 2000.
(b) Section 56 is effective upon federal approval.
EFFECTIVE DATE: This section is effective the day
following final enactment.
Sec. 12. [REPEALER.]
(a) Minnesota Statutes 1999 Supplement, section 144.396,
subdivision 13, is repealed.
(b) Laws 1997, chapter 203, article 7, section 27, is
repealed.
EFFECTIVE DATE: This section is effective the day
following final enactment.
ARTICLE 12
STATE GOVERNMENT
APPROPRIATIONS
Section 1. [APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or any other fund named, to
the agencies and for the purposes specified in this article, to
be available for the fiscal years indicated for each purpose.
The figures "2000" and "2001" mean that the appropriation or
appropriations listed under them are available for the fiscal
year ending June 30, 2000, or June 30, 2001, respectively, and
if an earlier appropriation was made for that purpose for that
year, the appropriation in this article is added to it. Where a
dollar amount appears in parentheses, it means a reduction of an
earlier appropriation for that purpose for that year.
SUMMARY BY FUND
BIENNIAL
2000 2001 TOTAL
General $ 2,994,000 $ (524,000) $ 2,470,000
Special Revenue -0- 249,000 249,000
TOTAL $ 2,994,000 $ (275,000) $ 2,719,000
APPROPRIATIONS
Available for the Year
Ending June 30
2000 2001
$ $
Sec. 2. SECRETARY OF STATE 4,000,000 -0-
To construct and maintain the Uniform
Commercial Code central filing system
required by Laws 2000, chapter 399, to
be available until June 30, 2001.
Sec. 3. OFFICE OF STRATEGIC AND
LONG-RANGE PLANNING 200,000 -0-
For grants of $50,000 each to regional
development commissions or, in regions
not served by regional development
commissions, to regional organizations
selected by the director, to support
planning work on behalf of local units
of government. A region that received
a grant from the appropriation in Laws
1999, chapter 250, article 1, section
11 or 14, for regional planning is not
eligible to receive a grant from this
appropriation. This appropriation is
available until June 30, 2001. The
planning work must include, but need
not be limited to:
(1) development of local zoning
ordinances;
(2) land use plans;
(3) community or economic development
plans;
(4) transportation and transit plans;
(5) solid waste management plans;
(6) wastewater management plans;
(7) workforce development plans;
(8) housing development plans or market
analysis;
(9) rural health service and senior
nutrition plans; or
(10) natural resources management plans.
Sec. 4. ADMINISTRATION
Subdivision 1. Office of
Technology Long-Range Plan
Notwithstanding Laws 1999, chapter 250,
article 1, section 12, subdivision 3,
the appropriation for the second year
is available for expenditure.
Subd. 2. Metropolitan
Radio Board -0- 249,000
This appropriation is from the special
revenue fund.
This appropriation is canceled if a law
is enacted authorizing a statewide 800
megahertz radio system.
Subd. 3. Year 2000 Contingency Surplus
Notwithstanding Laws 1999, chapter 250,
article 1, section 12, subdivision 4,
of the unexpended balance of the
appropriation to address year 2000
changes, $1,400,000 is reappropriated
to enable the electronic delivery of
government services and $600,000 is
added to the appropriation to the
commissioner of revenue for the income
tax reengineering initiative in Laws
1999, chapter 250, article 1, section
16, subdivision 2. These
appropriations are available until June
30, 2003.
Subd. 4. Data Practices Base Adjustment
If H.F. No. 3501 is enacted by the 2000
legislature, the commissioner of
finance shall not treat any costs
imposed by it as a base adjustment to
the budget of the department of
administration for fiscal year 2002 or
2003.
Subd. 5. Facilities Management -0- 1,268,000
To be added to the appropriation for
office space costs of the legislature
and veterans organizations, for
ceremonial space, and for statutorily
free space, in Laws 1999, chapter 250,
article 1, section 12, subdivision 5.
This is a one-time appropriation.
Sec. 5. CAMPAIGN FINANCE AND
DISCLOSURE BOARD 38,000 -0-
For legal costs for the board's defense
of a constitutionality challenge, to be
available until June 30, 2001.
Sec. 6. EMPLOYEE RELATIONS -0- 100,000
To pay the costs of conducting the
postretirement and active employee
health care study and preparing the
report required by 2000 S.F. No. 2796,
article 5, section 1. The retirement
funds participating in the study may
contribute a total of $100,000
additional money to help pay these
costs.
Sec. 7. GAMBLING CONTROL
BOARD 90,000 -0-
For workers' compensation claims.
Money not expended in the first year is
available for expenditure in the second
year.
Sec. 8. MINNEAPOLIS EMPLOYEES
RETIREMENT FUND (1,334,000) (1,892,000)
This is a reduction in payments made to
the Minneapolis employees retirement
fund under Minnesota Statutes, section
422A.101, subdivision 3. The reduction
for fiscal year 2002 is estimated to be
$1,892,000 and the reduction for fiscal
year 2003 is estimated to be $1,892,000.
Sec. 9. Minnesota Statutes 1999 Supplement, section
16A.103, subdivision 1, is amended to read:
Subdivision 1. [STATE REVENUE AND EXPENDITURES.] In
February and November each year, the commissioner shall prepare
a forecast of state revenue and expenditures. The November
forecast must be delivered to the legislature and governor no
later than the end of the first week of December. The February
forecast must be delivered to the legislature and governor by
the end of February. Forecasts must be delivered to the
legislature and governor on the same day. If requested by the
legislative commission on planning and fiscal policy, delivery
to the legislature must include a presentation to the commission.
Subd. 1a. [FORECAST PARAMETERS.] The forecast must assume
the continuation of current laws and reasonable estimates of
projected growth in the national and state economies and
affected populations. Revenue must be estimated for all sources
provided for in current law. Expenditures must be estimated for
all obligations imposed by law and those projected to occur as a
result of inflation and variables outside the control of the
legislature.
Subd. 1b. [FORECAST VARIABLE.] In determining the rate of
inflation, the application of inflation, the amount of state
bonding as it affects debt service, the calculation of
investment income, and the other variables to be included in the
expenditure part of the forecast, the commissioner must consult
with the chair chairs and lead minority members of the senate
state government finance committee, and the chair of the house
committee on ways and means committee, and house and
senate legislative fiscal staff. This consultation must occur
at least three weeks before the forecast is to be released. No
later than two weeks prior to the release of the forecast, the
commissioner must inform the chairs and lead minority members of
the senate state government finance committee and the house ways
and means committee, and legislative fiscal staff of any changes
in these variables from the previous forecast.
Subd. 1c. [EXPENDITURE DATA.] State agencies must submit
any revisions in expenditure data the commissioner determines
necessary for the forecast to the commissioner at least four
weeks prior to the release of the forecast. The information
submitted by state agencies and any modifications to that
information made by the commissioner must be made available to
legislative fiscal staff no later than three weeks prior to the
release of the forecast.
Subd. 1d. [REVENUE DATA.] On a monthly basis, the
commissioner must provide legislative fiscal staff with an
update of the previous month's state revenues no later than 12
days after the end of that month.
Subd. 1e. [ECONOMIC INFORMATION.] The commissioner must
review economic information including economic forecasts with
legislative fiscal staff no later than two weeks before the
forecast is released. The commissioner must invite the chairs
and lead minority members of the senate state government finance
committee and the house ways and means committee, and
legislative fiscal staff to attend any meetings held with
outside economic advisors. The commissioner must provide
legislative fiscal staff with monthly economic forecast
information received from outside sources.
Subd. 1f. [PERSONAL INCOME.] In addition, the commissioner
shall forecast Minnesota personal income for each of the years
covered by the forecast and include these estimates in the
forecast documents.
Subd. 1g. [PERIOD TO BE FORECAST.] A forecast prepared
during the first fiscal year of a biennium must cover that
biennium and the next biennium. A forecast prepared during the
second fiscal year of a biennium must cover that biennium and
the next two bienniums.
Sec. 10. Minnesota Statutes 1998, section 16A.11,
subdivision 3, is amended to read:
Subd. 3. [PART TWO: DETAILED BUDGET.] (a) Part two of the
budget, the detailed budget estimates both of expenditures and
revenues, must contain any statements on the financial plan
which the governor believes desirable or which may be required
by the legislature. The detailed estimates shall include the
governor's budget arranged in tabular form.
(b) The detailed estimates must include a separate line
listing the total number of professional or technical service
contracts and the total cost of those contracts for the prior
biennium and the projected number of professional or technical
service contracts and the projected costs of those contracts for
the current and upcoming biennium. They must also include a
summary of the personnel employed by the agency, reflected as
full-time equivalent positions, and the number of professional
or technical service consultants for the current biennium.
(c) The detailed estimates for internal service funds must
include the number of full-time equivalents by program; detail
on any loans from the general fund, including dollar amounts by
program; proposed investments in technology or equipment of
$100,000 or more; an explanation of any operating losses or
increases in retained earnings; and a history of the rates that
have been charged, with an explanation of any rate changes and
the impact of the rate changes on affected agencies.
Sec. 11. Minnesota Statutes 1998, section 16A.126,
subdivision 2, is amended to read:
Subd. 2. [IMMEDIATE NEEDS.] To reduce reserves for
unforeseen needs, and so reduce these rates, the commissioner
may transfer money from the general fund to a revolving fund.
Before doing so, the commissioner must decide there is not
enough money in the revolving fund for an immediate, necessary
expenditure. The amount necessary to make the transfer is
appropriated from the general fund to the commissioner of
finance. The commissioner shall report the amount and purpose
of the transfer to the chair of the committee or division in the
senate and house of representatives with primary jurisdiction
over the budget of the department of finance.
Sec. 12. Minnesota Statutes 1999 Supplement, section
16A.129, subdivision 3, is amended to read:
Subd. 3. [CASH ADVANCES.] When the operations of any
nongeneral fund account would be impeded by projected cash
deficiencies resulting from delays in the receipt of grants,
dedicated income, or other similar receivables, and when the
deficiencies would be corrected within the budget period
involved, the commissioner of finance may use general fund cash
reserves to meet cash demands. If funds are transferred from
the general fund to meet cash flow needs, the cash flow
transfers must be returned to the general fund as soon as
sufficient cash balances are available in the account to which
the transfer was made. The fund to which general fund cash was
advanced must pay interest on the cash advance at a rate
comparable to the rate earned by the state on invested
treasurer's cash, as determined monthly by the commissioner. An
amount necessary to pay the interest is appropriated from the
nongeneral fund to which the cash advance was made. Any
interest earned on general fund cash flow transfers accrues to
the general fund and not to the accounts or funds to which the
transfer was made. The commissioner may advance general fund
cash reserves to nongeneral fund accounts where the receipts
from other governmental units cannot be collected within the
budget period.
Sec. 13. [16A.633] [CAPITAL FUNDING CONTINGENT ON
MAINTAINING DATA.]
Subdivision 1. [STATE AGENCIES.] Each state agency shall
provide to the commissioner of administration the data necessary
for the commissioner to maintain the department's database on
the location, description, and condition of state-owned
facilities. The data must be provided by September 1 each
year. The commissioner of administration must maintain both the
current inventory data and historical data. A state agency is
not eligible to receive capital funding unless the agency has
provided the data required.
Subd. 2. [MINNESOTA STATE COLLEGES AND UNIVERSITIES.] The
board of trustees of the Minnesota state colleges and
universities shall establish and maintain data on the location,
description, and condition of board-owned facilities that is
comparable with the database established by the department of
administration. The data must be updated annually and the board
must maintain both current inventory data and historical data.
The board is not eligible to receive capital funding unless the
board has established and maintains the data required.
Subd. 3. [UNIVERSITY OF MINNESOTA.] The board of regents
of the University of Minnesota is requested to establish and
maintain data on the location, description, and condition of
university-owned facilities that is comparable with the database
established by the department of administration. The university
is requested to update the data annually and maintain both
current inventory data and historical data. The board of
regents is not eligible to receive capital funding unless the
board has established and maintains the data required.
Sec. 14. Minnesota Statutes 1998, section 16B.052, is
amended to read:
16B.052 [AUTHORITY TO TRANSFER FUNDS.]
The commissioner may, with the approval of the commissioner
of finance, transfer from an internal service or enterprise fund
account to another internal service or enterprise fund account,
any contributed capital appropriated by the legislature. The
transfer may be made only to provide working capital or positive
cash flow in the account to which the money is transferred. The
commissioner shall report the amount and purpose of the transfer
to the chair of the committee or division in the senate and
house of representatives with primary jurisdiction over the
budget of the department of administration. The transfer must
be repaid within 18 months.
Sec. 15. Minnesota Statutes 1998, section 16B.48,
subdivision 4, is amended to read:
Subd. 4. [REIMBURSEMENTS.] Except as specifically provided
otherwise by law, each agency shall reimburse intertechnologies
and general services revolving funds for the cost of all
services, supplies, materials, labor, and depreciation of
equipment, including reasonable overhead costs, which the
commissioner is authorized and directed to furnish an agency.
The cost of all publications or other materials produced by the
commissioner and financed from the general services revolving
fund must include reasonable overhead costs. The commissioner
of administration shall report the rates to be charged for each
revolving fund no later than July 1 each year to the chair of
the committee or division in the senate and house of
representatives with primary jurisdiction over the budget of the
department of administration. The commissioner of finance shall
make appropriate transfers to the revolving funds described in
this section when requested by the commissioner of
administration. The commissioner of administration may make
allotments, encumbrances, and, with the approval of the
commissioner of finance, disbursements in anticipation of such
transfers. In addition, the commissioner of administration,
with the approval of the commissioner of finance, may require an
agency to make advance payments to the revolving funds in this
section sufficient to cover the agency's estimated obligation
for a period of at least 60 days. All reimbursements and other
money received by the commissioner of administration under this
section must be deposited in the appropriate revolving fund.
Any earnings remaining in the fund established to account for
the documents service prescribed by section 16B.51 at the end of
each fiscal year not otherwise needed for present or future
operations, as determined by the commissioners of administration
and finance, must be transferred to the general fund.
Sec. 16. Minnesota Statutes 1998, section 16B.485, is
amended to read:
16B.485 [INTERFUND LOANS.]
The commissioner may, with the approval of the commissioner
of finance, make loans from an internal service or enterprise
fund to another internal service or enterprise fund, and the
amount necessary is appropriated from the fund that makes the
loan. The commissioner shall report the amount and purpose of
the loan to the chair of the committee or division in the senate
and house of representatives with primary jurisdiction over the
budget of the department of administration. The term of a loan
made under this section must be not more than 24 months.
Sec. 17. Minnesota Statutes 1998, section 16E.04, is
amended by adding a subdivision to read:
Subd. 3. [RISK ASSESSMENT AND MITIGATION.] (a) A risk
assessment and risk mitigation plan are required for an
information systems development project estimated to cost more
than $1,000,000 that is undertaken by a state agency in the
executive or judicial branch or by a constitutional officer.
The commissioner of administration must contract with an entity
outside of state government to conduct the assessment and
prepare the mitigation plan for a project estimated to cost more
than $5,000,000. The outside entity conducting the risk
assessment and preparing the mitigation plan must not have any
other direct or indirect financial interest in the project. The
risk assessment and risk mitigation plan must provide for
periodic monitoring by the commissioner until the project is
completed.
(b) The risk assessment and risk mitigation plan must be
paid for with money appropriated for the information systems
development project. No more than ten percent of the amount
anticipated to be spent on the project, other than the money
spent on the risk assessment and risk mitigation plan, may be
spent until the risk assessment and mitigation plan are reported
to the commissioner of administration and the commissioner has
approved the risk mitigation plan.
Sec. 18. Minnesota Statutes 1998, section 422A.101,
subdivision 3, is amended to read:
Subd. 3. [STATE CONTRIBUTIONS.] (a) Subject to the
limitation set forth in paragraph (c), the state shall pay to
the Minneapolis employees retirement fund annually an amount
equal to the amount calculated under paragraph (b).
(b) The payment amount is an amount equal to the financial
requirements of the Minneapolis employees retirement fund
reported in the actuarial valuation of the fund prepared by the
commission-retained actuary pursuant to section 356.215 for the
most recent year but based on a target date for full
amortization of the unfunded actuarial accrued liabilities by
June 30, 2020, less the amount of employee contributions
required pursuant to section 422A.10, and the amount of employer
contributions required pursuant to subdivisions 1a, 2, and 2a.
Payments shall be made in four equal installments, occurring on
March 15, July 15, September 15, and November 15 annually.
(c) The annual state contribution under this subdivision
may not exceed $10,455,000 through fiscal year 1998 and
$9,000,000 beginning in fiscal year 1999, plus the cost of the
annual supplemental benefit determined under section 356.865.
(d) If the amount determined under paragraph (b) exceeds
$11,910,000, the excess must be allocated to and paid to the
fund by the employers identified in subdivisions 1a and 2, other
than units of metropolitan government. Each employer's share of
the excess is proportionate to the employer's share of the
fund's unfunded actuarial accrued liability as disclosed in the
annual actuarial valuation prepared by the actuary retained by
the legislative commission on pensions and retirement compared
to the total unfunded actuarial accrued liability attributed to
all employers identified in subdivisions 1a and 2, other than
units of metropolitan government. Payments must be made in
equal installments as set forth in paragraph (b).
Sec. 19. Laws 1999, chapter 250, article 1, section 11, is
amended to read:
Sec. 11. OFFICE OF STRATEGIC
AND LONG-RANGE PLANNING 6,891,000 4,417,000
$100,000 the first year is to integrate
the office's information technology and
is available until June 30, 2003. The
director shall report on the progress
of the unit to the chairs of the
legislative committees responsible for
this budget item by January 15, 2000,
2001, and 2002.
$1,600,000 the first year is for a
generic environmental impact statement
on animal agriculture.
$200,000 the first year is to perform
program evaluations of agencies in the
executive branch.
The program evaluation division will
report to the legislature by December
1, 2000, ways to reduce state
government expenditures by five to ten
percent.
$100,000 the first year is to provide
administrative support to
community-based planning efforts.
$150,000 the first year is for a grant
of $50,000 to the southwest regional
development commission for the
continuation of the pilot program and
two additional grants of $50,000 each
to regional development commissions or,
in regions not served by regional
development commissions, to regional
organizations selected by the director
of strategic and long-range planning,
to support planning work on behalf of
local units of government. The
planning work shall include, but need
not be limited to:
(1) development of local zoning
ordinances;
(2) land use plans;
(3) community or economic development
plans;
(4) transportation and transit plans;
(5) solid waste management plans;
(6) wastewater management plans;
(7) workforce development plans;
(8) housing development plans and/or
market analysis;
(9) rural health service plans;
(10) natural resources management
plans; or
(11) development of geographical
information systems database to serve a
region's needs, including hardware and
software purchases and related labor
costs.
$200,000 the first year is to prepare
the generic environmental impact
statement on urban development required
by section 108. Any unencumbered
balance remaining in the first year
does not cancel and is available for
the second year of the biennium.
$24,000 the first year is for the
southwest Minnesota wind monitoring
project.
$100,000 the first year is for a grant
to the city of Mankato to complete the
Mankato area growth management and
planning study, phase 2. The
appropriation is available until June
30, 2002. The appropriation must be
matched by an in-kind donation of
$100,000 in administrative, technical,
and higher educational internship
support and supervision. The value of
the in-kind donations must be
determined by the commissioner of
finance.
The city shall serve as fiscal agent to
complete the study under the 1997
regional planning joint powers
agreement among the cities of Mankato,
North Mankato, and Eagle Lake; the
counties of Nicollet and Blue Earth;
and the towns of Mankato, South Bend,
Lime, Decoria, and Belgrade, without
limitation on the rights of the parties
to that agreement to add or remove
members. The study is intended as an
alternative to community-based
planning. The study is intended to
develop information and analysis to
provide guidance on such issues as:
(1) the development of joint planning
agreements to implement a unified
growth management strategy;
(2) joint service ventures, such as
planning or zoning administration in
urban fringe areas;
(3) orderly growth and annexation
agreements between cities and
townships;
(4) feedlot regulations in urban fringe
areas and future growth corridors;
(5) service strategies for unsewered
subdivisions;
(6) other joint ventures for city,
county, and township service delivery
in fringe areas;
(7) feasibility of a rural township
taxing district; and
(8) alternatives to the current
community-based planning legislation
that would add flexibility and improve
the planning process.
The city of Mankato shall report the
results of the study to the legislature
by January 15, 2002.
Sec. 20. Laws 1999, chapter 250, article 1, section 12,
subdivision 8, is amended to read:
Subd. 8. Public Broadcasting
3,443,000 3,330,000
$1,450,000 the first year and
$1,450,000 the second year are for
matching grants for public television.
$600,000 the first year and $600,000
the second year are for public
television equipment needs. Equipment
grant allocations shall be made after
considering the recommendations of the
Minnesota public television association.
$441,000 the first year and $441,000
the second year are for grants and for
contracts with the senate and house of
representatives for public information
television, Internet, intranet, and
other transmission of legislative
activities. At least one-half must go
for programming to be broadcast in
transmitted to rural Minnesota.
$25,000 the first year and $25,000 the
second year are for grants to the Twin
Cities regional cable channel.
$320,000 the first year and $320,000
the second year are for community
service grants to public educational
radio stations, which must be allocated
after considering the recommendations
of the Association of Minnesota Public
Educational Radio Stations under
Minnesota Statutes, section 129D.14.
Of this appropriation, $30,000 the
first year and $30,000 the second year
are for station WTIP-FM in Grand
Marais, which need not meet the
requirements of Minnesota Statutes,
section 129D.14, until July 1, 2002.
$494,000 the first year and $494,000
the second year are for equipment
grants to public radio stations. These
grants must be allocated after
considering the recommendations of the
Association of Minnesota Public
Educational Radio Stations and
Minnesota Public Radio, Inc.
If an appropriation for either year for
grants to public television or radio
stations is not sufficient, the
appropriation for the other year is
available for it.
Sec. 21. Laws 1999, chapter 250, article 1, section 14,
subdivision 3, is amended to read:
Subd. 3. Information and
Management Services
16,643,000 9,932,000
$100,000 the first year is for a grant
to the city of Mankato to complete the
Mankato area growth management and
planning study, phase 2. The
appropriation is available until June
30, 2002. The appropriation must be
matched by an in-kind donation of
$100,000 in administrative, technical,
and higher educational internship
support and supervision. The value of
the in-kind donations must be
determined by the commissioner of
finance.
The city shall serve as fiscal agent to
complete the study under the 1997
regional planning joint powers
agreement among the cities of Mankato,
North Mankato, and Eagle Lake; the
counties of Nicollet and Blue Earth;
and the towns of Mankato, South Bend,
Lime, Decoria, and Belgrade, without
limitation on the rights of the parties
to that agreement to add or remove
members. The study is intended as an
alternative to community-based
planning. The study is intended to
develop information and analysis to
provide guidance on such issues as:
(1) the development of joint planning
agreements to implement a unified
growth management strategy;
(2) joint service ventures, such as
planning or zoning administration in
urban fringe areas;
(3) orderly growth and annexation
agreements between cities and
townships;
(4) feedlot regulations in urban fringe
areas and future growth corridors;
(5) service strategies for unsewered
subdivisions;
(6) other joint ventures for city,
county, and township service delivery
in fringe areas;
(7) feasibility of a rural township
taxing district; and
(8) alternatives to the current
community-based planning legislation
that would add flexibility and improve
the planning process.
The city of Mankato shall report the
results of the study to the legislature
by January 15, 2002.
$6,839,000 the first year is a one-time
appropriation to upgrade the human
resources and payroll system and is
available until June 30, 2003. The
commissioner shall report on the
progress of this project to the chairs
of the legislative committees
responsible for this budget item by
January 15, 2000, 2001, and 2002.
The commissioner of finance shall work
with the commissioners of employee
relations and administration and shall
develop as part of the human resource
and payroll systems upgrade, and submit
to the chairs of the senate
governmental operations budget division
and the house state government finance
committee by January 15, 2000, a
long-range plan for the statewide
business systems: human resources,
payroll, accounting, and procurement.
The plan must detail each system's
original development costs, its
expected life cycle, the estimated cost
of upgrading software to newer versions
during its life cycle, its operating
costs to date, and the factors that are
expected to drive future operating
costs within the departments of
finance, administration, and employee
relations. The plan must also include
an evaluation of and recommendations on
whether, for the statewide business
systems, the state should use software
that is developed and maintained in
house; proprietary software, either
modified or unmodified; a private
vendor; or a particular combination of
these options.
The commissioner of finance, in
consultation with senate and house
fiscal staff and the commissioner of
administration, shall develop
recommendations for inclusion in the
governor's fiscal year 2002-2003 budget
document on the presentation of
internal service funds. The
commissioner of finance shall submit
the recommendations to the chairs of
the senate governmental operations
budget division and the house state
government finance committee by January
15, 2000.
The department shall prepare a separate
budget book for the biennium beginning
July 1, 2001, containing all of the
administration's technology
initiatives. The book must also
include a complete inventory of
state-owned and leased technology,
along with a projected replacement
schedule. The inventory must include
information on how the technology fits
into the state's master plan.
Sec. 22. Laws 1999, chapter 250, article 1, section 18, is
amended to read:
Sec. 18. VETERANS AFFAIRS 5,885,000 4,369,000
$1,544,000 the first year and
$1,544,000 the second year are for
emergency financial and medical needs
of veterans. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it.
$12,000 the first year and $13,000 the
second year are one-time funding to
provide grants to local veterans'
organizations that provide
transportation services for veterans to
veterans administration medical
facilities.
The commissioner of veterans affairs,
in cooperation with the board of
directors of the Minnesota veterans
homes and the United States Veterans
Administration, shall study the
feasibility and desirability of
supplementing the missions of the
veterans homes and the Veterans
Administration hospitals in Minnesota
by entering into agreements with health
care providers throughout the state to
provide free or reduced-cost
comprehensive health care to veterans
close to their places of residence as a
supplement to private health
insurance. The commissioner shall
report the results of the study and any
recommendations to the legislature by
January 15, 2000.
With the approval of the commissioner
of finance, the commissioner of
veterans affairs may transfer the
unencumbered balance from the veterans
relief program to other department
programs during the fiscal year.
Before the transfer, the commissioner
of veterans affairs shall explain why
the unencumbered balance exists. The
amounts transferred must be identified
to the chairs of the senate
governmental operations budget
committee and the house state
government finance committee.
$275,000 the first year and $275,000
the second year are for a grant to the
Vinland National Center.
$1,485,000 the first year is to make
bonus payments authorized under
Minnesota Statutes, section 197.79.
The appropriation may not be used for
administrative purposes. The
appropriation does not expire until the
commissioner acts on all applications
submitted under Minnesota Statutes,
section 197.79.
$105,000 the first year is to
administer the bonus program
established under Minnesota Statutes,
section 197.79. The appropriation does
not expire until the commissioner acts
on all the applications submitted under
Minnesota Statutes, section 197.79.
$233,000 the first year and $235,000
the second year are for grants to
county veterans offices for training of
county veterans service officers to
enhance their effectiveness.
Sec. 23. [CLARIFICATION; EFFECT ON REPEAL.]
Laws 1999, chapter 250, article 3, does not repeal rules or
fees in effect on the day before the effective date of Laws
1999, chapter 250, article 3.
Sec. 24. [BASE ADJUSTMENTS PROHIBITED.]
If a capital project authorized by the 2000 legislature
causes a change in operating costs for a state agency, the
commissioner of finance shall not treat that change as a base
adjustment in the agency's budget for fiscal years 2002 and 2003.
Sec. 25. [REPEALER.]
Laws 1999, chapter 250, article 1, section 15, subdivision
4, is repealed.
Sec. 26. [EFFECTIVE DATE.]
Except as otherwise provided in this article, this article
is effective the day following final enactment. Section 13 is
effective June 30, 2001. Section 17 is effective the day
following final enactment and applies to information systems
development projects that have not progressed beyond initial
planning and assessment before its effective date.
ARTICLE 13
MINNESOTA COMPREHENSIVE HEALTH ASSOCIATION
Section 1. [MINNESOTA WORKERS' COMPENSATION ASSIGNED RISK
PLAN SURPLUS UTILIZATION.]
On January 15, 2001, the commissioner of finance shall
transfer $15,000,000 in assets of the assigned risk plan to the
general fund and $15,000,000 is appropriated from the general
fund to the commissioner of commerce to be paid to the Minnesota
comprehensive health association for the exclusive purpose of
reducing the association's operating deficit assessment for
calendar year 2001.
Presented to the governor May 11, 2000
Signed by the governor May 15, 2000, 6:50 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes