Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 464-H.F.No. 3557
An act relating to legislative enactments; correcting
miscellaneous oversights, inconsistencies, unintended
results, and technical errors in state government,
human services, and prekindergarten-grade 12 education
code appropriations acts; appropriating money;
amending Minnesota Statutes 1998, sections 125A.21,
subdivision 1; and 256B.501, by adding a subdivision;
Minnesota Statutes 1999 Supplement, sections 16A.129,
subdivision 3; 124D.65, subdivision 4; 126C.052;
126C.10, subdivisions 2 and 23; 126C.12, subdivision
1; and 256B.77, subdivision 10; Laws 1999, chapters
241, articles 1, section 70; and 4, section 29; 245,
articles 1, section 3, subdivision 2; and 4, section
121; 250, article 1, sections 11 and 14, subdivision
3; repealing Laws 1999, chapter 241, article 10,
section 5; and 250, article 1, section 15, subdivision
4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
STATE GOVERNMENT
Section 1. 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. 2. 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. 3. 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. 4. [REPEALER.]
Laws 1999, chapter 250, article 1, section 15, subdivision
4, is repealed.
ARTICLE 2
DEPARTMENT OF HUMAN SERVICES
Section 1. Minnesota Statutes 1998, section 125A.21,
subdivision 1, is amended to read:
Subdivision 1. [OBLIGATION TO PAY.] Nothing in sections
125A.03 to 125A.24 and 125A.65 relieves an insurer or similar
third party from an otherwise valid obligation to pay, or
changes the validity of an obligation to pay, for services
rendered to a child with a disability, and the child's family.
A school district shall pay the nonfederal share of medical
assistance services provided according to section 256B.0625,
subdivision 26. Eligible expenditures must not be made from
federal funds or funds used to match other federal funds. Any
federal disallowances are the responsibility of the school
district. A school district may pay or reimburse copayments,
coinsurance, deductibles, and other enrollee cost-sharing
amounts, on behalf of the student or family, in connection with
health and related services provided under an individual
educational plan.
Sec. 2. 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 a rate increase for
compensation-related costs of 3.6 percent and 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. 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 phone number provided by the commissioner and
included in the approved plan.
Sec. 3. Minnesota Statutes 1999 Supplement, section
256B.77, subdivision 10, is amended to read:
Subd. 10. [CAPITATION PAYMENT.] (a) The commissioner shall
pay a capitation payment to the county authority and, when
applicable under subdivision 6, paragraph (a), to the service
delivery organization for each medical assistance eligible
enrollee. The commissioner shall develop capitation payment
rates for the initial contract period for each demonstration
site in consultation with an independent actuary, to ensure that
the cost of services under the demonstration project does not
exceed the estimated cost for medical assistance services for
the covered population under the fee-for-service system for the
demonstration period. For each year of the demonstration
project, the capitation payment rate shall be based on 96
percent of the projected per person costs that would otherwise
have been paid under medical assistance fee-for-service during
each of those years. Rates shall be adjusted within the limits
of the available risk adjustment technology, as mandated by
section 62Q.03. In addition, the commissioner shall implement
appropriate risk and savings sharing provisions with county
administrative entities and, when applicable under subdivision
6, paragraph (a), service delivery organizations within the
projected budget limits. Capitation rates shall be adjusted, at
least annually, to include any rate increases and payments for
expanded or newly covered services for eligible individuals.
The initial demonstration project rate shall include an amount
in addition to the fee-for-service payments to adjust for
underutilization of dental services. Any savings beyond those
allowed for the county authority, county administrative entity,
or service delivery organization shall be first used to meet the
unmet needs of eligible individuals. Payments to providers
participating in the project are exempt from the requirements of
sections 256.966 and 256B.03, subdivision 2.
(b) The commissioner shall monitor and evaluate annually
the effect of the discount on consumers, the county authority,
and providers of disability services. Findings shall be
reported and recommendations made, as appropriate, to ensure
that the discount effect does not adversely affect the ability
of the county administrative entity or providers of services to
provide appropriate services to eligible individuals, and does
not result in cost shifting of eligible individuals to the
county authority.
(c) For risk-sharing to occur under this subdivision, the
aggregate fee-for-service cost of covered services provided by
the county administrative entity under this section must exceed
the aggregate sum of capitation payments made to the county
administrative entity under this section. The county authority
is required to maintain its current level of nonmedical
assistance spending on enrollees. If the county authority
spends less in nonmedical assistance dollars on enrollees than
it spent the year prior to the contract year, the amount of
underspending shall be deducted from the aggregate
fee-for-service cost of covered services. The commissioner
shall then compare the fee-for-service costs and capitation
payments related to the services provided for the term of this
contract. The commissioner shall base its calculation of the
fee-for-service costs on application of the medical assistance
fee schedule to services identified on the county administrative
entity's encounter claims submitted to the commissioner. The
aggregate fee-for-service cost shall not include any third-party
recoveries or cost-avoided amounts.
If the commissioner finds that the aggregate
fee-for-service cost is greater than the sum of the capitation
payments, the commissioner shall settle according to the
following schedule:
(1) For the first contract year for each project, the
commissioner shall pay the county administrative entity 50
percent of the difference between the sum of the capitation
payments and 100 percent of projected fee-for-service costs.
For aggregate fee-for-service costs in excess of 100 percent of
projected fee-for-service costs, the commissioner shall pay 250
25 percent of the difference between the aggregate
fee-for-service costs and the projected fee-for-service costs,
up to 104 percent of the projected fee-for-service costs. The
county administrative entity shall be responsible for all costs
in excess of 104 percent of projected fee-for-service costs.
(2) For the second contract year for each project, the
commissioner shall pay the county administrative entity 37.5
percent of the difference between the sum of the capitation
payments and 100 percent of projected fee-for-service costs.
The county administrative entity shall be responsible for all
costs in excess of 100 percent of projected fee-for-service
costs.
(3) For the third contract year for each project, the
commissioner shall pay the county administrative entity 25
percent of the difference between the sum of the capitation
payments and 100 percent of projected fee-for-service costs.
The county administrative entity shall be responsible for all
costs in excess of 100 percent of projected fee-for-service
costs.
(4) For the fourth and subsequent contract years for each
project, the county administrative entity shall be responsible
for all costs in excess of the capitation payments.
(d) In addition to other payments under this subdivision,
the commissioner may increase payments by up to 0.25 percent of
the projected per person costs that would otherwise have been
paid under medical assistance fee-for-service. The commissioner
may make the increased payments to:
(1) offset rate increases for regional treatment services
under subdivision 22 which are higher than was expected by the
commissioner when the capitation was set at 96 percent; and
(2) implement incentives to encourage appropriate, high
quality, efficient services.
Sec. 4. Laws 1999, chapter 245, article 1, section 3,
subdivision 2, is amended to read:
Subd. 2. Health Systems
and Special Populations 66,999,000 66,269,000
Summary by Fund
General 46,593,000 46,299,000
State Government
Special Revenue 10,557,000 10,012,000
Health Care
Access 9,849,000 9,958,000
[MERC ADMINISTRATIVE COSTS.] Of the
general fund appropriation for the
medical education and research fund,
$150,000 in fiscal year 2000 and
$150,000 in fiscal year 2001 is for the
commissioner for administrative costs
in implementing Minnesota Statutes,
sections 62J.692 and 62J.693.
[WIC TRANSFERS.] The general fund
appropriation for the women, infants,
and children (WIC) food supplement
program is available for either year of
the biennium. Transfers of these funds
between fiscal years must either be to
maximize federal funds or to minimize
fluctuations in the number of program
participants.
[MINNESOTA CHILDREN WITH SPECIAL HEALTH
NEEDS CARRYOVER.] General fund
appropriations for treatment services
in the services for Minnesota children
with special health needs program are
available for either year of the
biennium.
[SUICIDE PREVENTION STUDY.] Of the
general fund appropriation, $100,000 in
fiscal year 2000 is for the
commissioner to study suicide issues
and develop a suicide prevention plan.
The study must be conducted in
consultation with local community
health boards, mental health
professionals, schools, and other
interested parties. The plan must be
reported to the legislature by January
15, 2000.
[FAMILY PRACTICE RESIDENCY PROGRAM.] Of
the general fund appropriation,
$300,000 in fiscal year 2000 is to the
commissioner to make a grant to the
city of Duluth for a family practice
residency program for northeastern
Minnesota.
[UNCOMPENSATED CARE.] The commissioner
shall study and report to the
legislature by January 15, 2000, with:
(1) statistical information on the
amount of uncompensated health care
provided in Minnesota, the types of
care provided, the settings in which
the care is provided, and, if known,
the most common reasons why the care is
uncompensated; and
(2) recommendations for reducing the
level of uncompensated care, including,
but not limited to, methods to enroll
eligible persons in public health care
programs through simplification of the
application process and other efforts.
[RURAL HOSPITAL CAPITAL IMPROVEMENT
GRANT PROGRAM.] (a) Of this
appropriation, $2,800,000 for each
fiscal year is from the health care
access fund to the commissioner for the
rural hospital capital improvement
grant program described in Minnesota
Statutes, section 144.148. This
appropriation shall not become part of
the base for the 2002-2003 biennium.
(b) The commissioner may provide up to
$300,000 for the Westbrook health
center for hospital and clinic
improvements, upon receipt of
information from the Westbrook health
center indicating how it has fulfilled
the requirements of Minnesota Statutes,
section 144.148, and evidence that it
has raised at least a dollar-for-dollar
match from nonstate sources.
[ACCESS TO SUMMARY MINIMUM DATA SET
(MDS).] The commissioner, in
cooperation with the commissioner of
administration, shall work to obtain
access to Minimum Data Set (MDS) data
that is electronically transmitted by
nursing facilities to the health
department. The MDS data shall be made
available on a quarterly basis to
industry trade associations for use in
quality improvement efforts and
comparative analysis. The MDS data
shall be provided to the industry trade
associations in the form of summary
aggregate data, without patient
identifiers, to ensure patient
privacy. The commissioner may charge
for the actual cost of production of
these documents.
[NURSING HOME MORATORIUM REPORT.] In
preparing the report required by
Minnesota Statutes, section 144A.071,
subdivision 5, the commissioner and the
commissioner of human services shall
analyze the adequacy of the supply of
nursing home beds by measuring the
ability of hospitals to promptly
discharge patients to a nursing home
within the hospital's primary service
area. If it is determined that a
shortage of beds exists, the report
shall present a plan to correct the
service deficits. The report shall
also analyze the impact of assisted
living services on the medical
assistance utilization of nursing homes.
[HEALTH CARE PURCHASING ALLIANCES.] Of
the health care access fund
appropriation, $100,000 each year is to
the commissioner for grants to two
local organizations to develop health
care purchasing alliances under
Minnesota Statutes, section 62T.02, to
negotiate the purchase of health care
services from licensed entities. Of
this amount, $50,000 each year is for a
grant to the Southwest Regional
Development Commissioner to coordinate
purchasing alliance development in the
southwest area of the state, and
$50,000 each year is for a grant to the
University of Minnesota extension
services in Crookston to coordinate
purchasing alliance development in the
northwest area of the state. This is a
one-time appropriation and shall not
become part of base level funding for
this activity for the 2002-2003
biennium.
[GENERAL FUND TOBACCO BASE REDUCTION.]
The general fund base level
appropriation for tobacco prevention
and control programs and activities
shall be reduced by $1,100,000 each
year of the biennium beginning July 1,
2001. Section 13, sunset of uncodified
language, does not apply to this
provision.
[STANDARDS FOR SPECIAL CASE AUTOPSIES.]
Of this general fund appropriation,
$20,000 for the biennium is for a grant
to a professional association
representing coroners and medical
examiners in Minnesota to conduct case
studies, and develop and disseminate
guidelines, for autopsy practice in
special cases. This is a one-time
appropriation and shall not become part
of base level funding for the 2002-2003
biennium.
Sec. 5. 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.
Sec. 6. [EFFECTIVE DATE.]
Section 1 is effective July 1, 2000. Sections 2 to 4 are
effective retroactive to July 1, 1999.
ARTICLE 3
EDUCATION CODE: PREKINDERGARTEN-GRADE 12
Section 1. Minnesota Statutes 1999 Supplement, section
124D.65, subdivision 4, is amended to read:
Subd. 4. [STATE TOTAL LEP REVENUE.] (a) The state total
limited English proficiency programs revenue for fiscal year
2000 equals $27,454,000. The state total limited English
proficiency programs revenue for fiscal year 2001 equals
$31,752,000.
(b) The state total limited English proficiency programs
revenue for later fiscal years equals:
(1) the state total limited English proficiency programs
revenue for the preceding fiscal year; times
(2) the program growth factor under section 125A.76
subdivision 1; times
(3) the ratio of the state total number of pupils with
limited English proficiency for the current fiscal year to the
state total number of pupils with limited English proficiency
for the preceding fiscal year.
Sec. 2. Minnesota Statutes 1999 Supplement, section
126C.052, is amended to read:
126C.052 [CLASS SIZE, ALL-DAY KINDERGARTEN, AND SPECIAL
EDUCATION STUDENT-TO-INSTRUCTOR RATIO RESERVE.]
A district is required to reserve $3 in fiscal year 2000
and $11 in fiscal year 2001 and later per adjusted marginal cost
pupil unit for class size reduction, all-day kindergarten, or
for reducing special education student-to-instructor ratios.
The school board of each district must pass a resolution stating
which one of these three programs will be funded with this
reserve. The reserve amount under this section must be
allocated to the education site as defined in section 123B.04,
subdivision 1, according to a plan adopted by the school board.
Sec. 3. Minnesota Statutes 1999 Supplement, section
126C.10, subdivision 2, is amended to read:
Subd. 2. [BASIC REVENUE.] The basic revenue for each
district equals the formula allowance times the resident
adjusted marginal cost pupil units for the school year. The
formula allowance for fiscal year 1998 is $3,581. The formula
allowance for fiscal year 1999 is $3,530. The formula allowance
for fiscal year 2000 is $3,740. The formula allowance for
fiscal year 2001 and subsequent fiscal years is $3,875.
Sec. 4. Minnesota Statutes 1999 Supplement, section
126C.10, subdivision 23, is amended to read:
Subd. 23. [REFERENDUM OFFSET ADJUSTMENT.] A district that
qualifies for the referendum allowance reduction under section
126C.17, subdivision 12, and whose referendum allowance under
section 126C.17, subdivision 1, as adjusted under section
126C.17, subdivisions 2 and 12, does not exceed the referendum
allowance limit under section 126C.17, subdivision 2, clause
(2), shall receive a referendum offset adjustment. In fiscal
year 2000 and thereafter, the referendum offset adjustment is
equal to $25 per resident adjusted marginal cost pupil unit.
Sec. 5. Minnesota Statutes 1999 Supplement, section
126C.12, subdivision 1, is amended to read:
Subdivision 1. [REVENUE.] Of a district's general
education revenue for fiscal year 2000 and thereafter each
school district shall reserve an amount equal to the formula
allowance multiplied by the following calculation:
(1) the sum of adjusted marginal cost pupil units pupils in
average daily membership, according to section 126C.05,
subdivision 5, in kindergarten times .057; plus
(2) the sum of adjusted marginal cost pupil units pupils in
average daily membership, according to section 126C.05,
subdivision 5, in grades 1 to 3 times .115; plus
(3) the sum of adjusted marginal cost pupil units pupils in
average daily membership, according to section 126C.05,
subdivision 5, in grades 4 to 6 times .06.
Sec. 6. Laws 1999, chapter 241, article 1, section 70, is
amended to read:
Sec. 70. [EFFECTIVE DATES.]
Sections 13, 14, 26, 30, 37, and 39 are effective for
revenue for fiscal year 2000 and later. Section 41 is effective
for revenue for fiscal year 2001 and later. Sections 46, 47,
and 55 to 60 are effective the day following final enactment.
Section 61 is effective for taxes payable in 2000 and later.
Sec. 7. Laws 1999, chapter 241, article 4, section 29, is
amended to read:
Sec. 29. [REPEALER.]
(a) Minnesota Statutes 1998, sections 123A.44; 123A.441;
123A.442; 123A.443; 123A.444; 123A.445; 123A.446; 123B.57,
subdivisions 4, 5, and 7; 123B.59, subdivision 7; 123B.63,
subdivisions 1 and 2; section 123B.66; 123B.67; 123B.68; and
123B.69, are, is repealed effective the day following final
enactment.
(b) Minnesota Statutes 1998, section 123B.58, is repealed
effective July 1, 2004.
(c) Minnesota Statutes 1998, section 123B.64, subdivision
4, is repealed effective for revenue for fiscal year 2000.
(d) (c) Minnesota Statutes 1998, section 123B.64,
subdivisions 1, 2, and 3, are repealed effective for revenue for
fiscal year 2001.
(e) (d) Minnesota Rules, parts 3500.3900; 3500.4000;
3500.4100; 3500.4200; and 3500.4300, are repealed.
Sec. 8. [DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING.]
(a) The sums indicated in this section are appropriated
from the general fund unless otherwise indicated to the
department of children, families, and learning for the fiscal
years designated.
$32,316,000 ..... 2000
$29,785,000 ..... 2001
(b) Any balance the first year does not cancel but is
available in the second year.
(c) $21,000 each year is from the trunk highway fund.
(d) $673,000 in 2000 and $678,000 in 2001 is for the board
of teaching.
(e) Notwithstanding Minnesota Statutes, section 15.53,
subdivision 2, the commissioner of children, families, and
learning may contract with a school district for a period no
longer than five consecutive years to work in the development or
implementation of the graduation rule. The commissioner may
contract for services and expertise as necessary. The contracts
are not subject to Minnesota Statutes, section 16C.05.
(f) $165,000 in 2000 is for the state board of education.
Any functions of the state board of education that are not
specifically transferred to another agency are transferred to
the department of children, families, and learning under
Minnesota Statutes, section 15.039. For the position that is
classified, upon transferring the responsibilities, the current
incumbent is appointed to the classified position without exam
or probationary period.
(g) $2,000,000 in 2000 is for litigation costs and may only
be used for those purposes. This is a one-time appropriation.
Sec. 9. [REPEALER WITHOUT EFFECT.]
The repeal of Minnesota Statutes 1998, sections 123A.44;
123A.441; 123A.442; 123A.443; 123A.444; 123A.445; 123A.446;
123B.57, subdivisions 4, 5, and 7; 123B.59, subdivision 7;
123B.63, subdivisions 1 and 2; 123B.67; 123B.68; and 123B.69, by
Laws 1999, chapter 241, article 4, section 29, with an effective
date of May 26, 1999, is without effect and Minnesota Statutes
1998, sections 123A.44; 123A.441; 123A.442; 123A.443; 123A.444;
123A.445; 123A.446; 123B.57, subdivisions 4, 5, and 7; 123B.59,
subdivision 7; 123B.63, subdivisions 1 and 2; 123B.67; 123B.68;
and 123B.69, remain in effect after May 25, 1999.
Sec. 10. [REPEALER.]
Laws 1999, chapter 241, article 10, section 5, is repealed
retroactive to July 1, 1999.
Sec. 11. [EFFECTIVE DATE.]
Section 8 is effective retroactive to July 1, 1999.
Sections 7, paragraph (a), and 9 are effective retroactive to
May 26, 1999.
Presented to the governor May 11, 2000
Signed by the governor May 15, 2000, 10:48 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes