Office of the Revisor of Statutes
Minnesota Session Laws - 2001, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 13-S.F.No. 1
An act relating to legislative enactments; correcting
miscellaneous oversights, inconsistencies,
ambiguities, unintended results, and technical errors;
amending Minnesota Statutes 2000, sections 122A.06, by
adding a subdivision; 122A.09, subdivision 4; 122A.18,
subdivision 2a, by adding a subdivision; 124D.80,
subdivisions 1, 2, 3; 297A.70, subdivision 10, as
amended; 297B.09, subdivision 1, as amended; 473.608,
by adding a subdivision; 2001 First Special Session,
H.F. No. 1, article 15, section 3; 2001 First Special
Session, H.F. No. 2, article 2, section 77,
subdivisions 2, 25, 28, by adding subdivisions; 2001
First Special Session, H.F. No. 2, article 6, section
1; 2001 First Special Session, H.F. No. 2, article 7,
section 13, subdivision 2; 2001 First Special Session,
S.F. No. 7, article 4, section 4; proposing coding for
new law in Minnesota Statutes, chapter 120B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [CORRECTION 1.] H.F. No. 1, article 15, section
3, the effective date, if enacted by the First Special Session
of the 2001 legislature, is amended to read:
[EFFECTIVE DATE.] This section is effective for loans and
advances made after July 31, 2001, and to districts with
requests for certification made after July 31, 1979. Interfund
loans and advances made before August 1, 2001, are ratified and
approved, subject to the following restrictions: (1) the
interest accrued or paid after July 31, 2001, may not exceed the
limit in this Minnesota Statutes, section 469.178, subdivision
7, and (2) if there is no resolution or other document created
contemporaneously with the making of the loan or advance that
specifies the principal amount of the loan or advance, the
principal amount of the loan or advance is limited to a maximum
amount equal to the largest negative cash balance that existed
at any time in the fund that received the undocumented loan or
advance. An authority or municipality may modify the terms of
an interfund loan or advance made before August 1, 2001, to
comply with any of the requirements of this section as the
authority or municipality deems appropriate.
Sec. 2. [CORRECTION 2A.] Minnesota Statutes 2000, section
122A.06, is amended by adding a subdivision to read:
Subd. 4. [COMPREHENSIVE, SCIENTIFICALLY BASED READING
INSTRUCTION.] "Comprehensive, scientifically based reading
instruction" includes instruction and practice in phonemic
awareness, phonics and other word-recognition skills, and guided
oral reading for beginning readers, as well as extensive silent
reading, vocabulary instruction, instruction in comprehension,
and instruction that fosters understanding and higher-order
thinking for readers of all ages and proficiency levels.
Sec. 3. [CORRECTION 2B.] Minnesota Statutes 2000, section
122A.09, subdivision 4, is amended to read:
Subd. 4. [LICENSE AND RULES.] (a) The board must adopt
rules to license public school teachers and interns subject to
chapter 14.
(b) The board must adopt rules requiring a person to
successfully complete a skills examination in reading, writing,
and mathematics as a requirement for initial teacher licensure.
Such rules must require college and universities offering a
board approved teacher preparation program to provide remedial
assistance to persons who did not achieve a qualifying score on
the skills examination, including those for whom English is a
second language.
(c) The board must adopt rules to approve teacher
preparation programs. The board, upon the request of a
post-secondary student preparing for teacher licensure or a
licensed graduate of a teacher preparation program, shall assist
in resolving a dispute between the person and a post-secondary
institution providing a teacher preparation program when the
dispute involves an institution's recommendation for licensure
affecting the person or the person's credentials. At the
board's discretion, assistance may include the application of
chapter 14.
(d) The board must provide the leadership and shall adopt
rules for the redesign of teacher education programs to
implement a research based, results-oriented curriculum that
focuses on the skills teachers need in order to be effective.
The board shall implement new systems of teacher preparation
program evaluation to assure program effectiveness based on
proficiency of graduates in demonstrating attainment of program
outcomes.
(e) The board must adopt rules requiring successful
completion of an examination of general pedagogical knowledge
and examinations of licensure-specific teaching skills. The
rules shall be effective on the dates determined by the board,
but not later than September 1, 2001.
(f) The board must adopt rules requiring teacher educators
to work directly with elementary or secondary school teachers in
elementary or secondary schools to obtain periodic exposure to
the elementary or secondary teaching environment.
(g) The board must grant licenses to interns and to
candidates for initial licenses.
(h) The board must design and implement an assessment
system which requires a candidate for an initial license and
first continuing license to demonstrate the abilities necessary
to perform selected, representative teaching tasks at
appropriate levels.
(i) The board must receive recommendations from local
committees as established by the board for the renewal of
teaching licenses.
(j) The board must grant life licenses to those who qualify
according to requirements established by the board, and suspend
or revoke licenses pursuant to sections 122A.20 and 214.10. The
board must not establish any expiration date for application for
life licenses.
(k) The board must adopt rules that require all licensed
teachers who are renewing their continuing license to include in
their renewal requirements further preparation in the areas of
using positive behavior interventions and in accommodating,
modifying, and adapting curricula, materials, and strategies to
appropriately meet the needs of individual students and ensure
adequate progress toward the state's graduation rule. The rules
adopted under this paragraph apply to teachers who renew their
licenses in year 2001 and later.
(l) In adopting rules to license public school teachers who
provide health-related services for disabled children, the board
shall adopt rules consistent with license or registration
requirements of the commissioner of health and the
health-related boards who license personnel who perform similar
services outside of the school.
(m) The board must adopt rules that require all licensed
teachers who are renewing their continuing license to include in
their renewal requirements further reading preparation,
consistent with section 122A.06, subdivision 4. The rules do
not take effect until they are approved by law.
[EFFECTIVE DATE.] This section is effective for teachers
who renew their licenses in year 2004 and later.
Sec. 4. [CORRECTION 2C.] Minnesota Statutes 2000, section
122A.18, subdivision 2a, is amended to read:
Subd. 2a. [READING STRATEGIES.] (a) All colleges and
universities approved by the board of teaching to prepare
persons for classroom teacher licensure must include in their
teacher preparation programs reading best practices that enable
classroom teacher licensure candidates to know how to teach
reading, such as phonics or other research-based best practices.
(b) Board-approved teacher preparation programs for
teachers of elementary education must require instruction in the
application of comprehensive, scientifically based, and balanced
reading instruction programs.
[EFFECTIVE DATE.] This section is effective for candidates
for initial licensure in year 2004 and later.
Sec. 5. [CORRECTION 2D.] Minnesota Statutes 2000, section
122A.18, is amended by adding a subdivision to read:
Subd. 2b. [READING SPECIALIST.] Not later than July 1,
2002, the board of teaching must adopt rules providing for the
licensure of teachers of reading.
Sec. 6. [CORRECTION 2E.] 2001 First Special Session, H.F.
No. 2, article 2, section 77, subdivision 28, if enacted, is
amended to read:
Subd. 28. [LABORATORY SCHOOL STUDY; INNOVATIVE TEACHING
TECHNIQUES.] For a grant to independent school district No. 482,
Little Falls, to conduct a study for a laboratory school for
innovative teaching techniques in the Randall area:
$10,000 ..... 2002
Sec. 7. [CORRECTION 2F.] 2001 First Special Session, H.F.
No. 2, article 2, section 77, if enacted, is amended by adding a
subdivision to read:
Subd. 32. [7TH GRADE TESTING.] For the development of the
7th grade test under Minnesota Statutes, section 120B.30,
subdivision 1:
$2,500,000 ..... 2003
Sec. 8. [CORRECTION 2G.] 2001 First Special Session, H.F.
No. 2, article 6, section 1, if enacted, is amended by adding an
effective date to read:
[EFFECTIVE DATE.] This section is effective June 30, 2001.
The department of children, families, and learning may make any
necessary adjustments and may make payments with the fiscal year
2001 money after June 30, 2001.
Sec. 9. [CORRECTION 2H.] Minnesota Statutes 2000, section
124D.80, subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The commissioner of
children, families, and learning shall create one or more an
18-member American Indian education committees committee. The
commissioner must appoint members with the assistance of the
Indian affairs council as provided under section 3.922,
subdivision 6, and the higher education services office.
Members must include representatives of tribal bodies, community
groups, parents of children eligible to be served by the
programs, American Indian administrators and teachers, persons
experienced in the training of teachers for American Indian
education programs, persons involved in programs for American
Indian children in American Indian schools, and persons
knowledgeable in the field of American Indian education.
Members shall be appointed so as to be representative of
significant segments of the population of American Indians, with
membership consisting of representatives from the 11
reservations and the Minnesota Chippewa tribe, the chair of the
Minnesota Indian affairs council, urban advisory council, and
five urban at-large representatives, two of which reside in the
metropolitan area, one of which resides in the Duluth area, one
of which resides in the Bemidji area, and one of which resides
in the southern region of the state.
Sec. 10. [CORRECTION 2I.] Minnesota Statutes 2000, section
124D.80, subdivision 2, is amended to read:
Subd. 2. [COMMITTEE TO ADVISE COMMISSIONER.] Each The
committee on American Indian education programs shall advise the
commissioner in the administration of the commissioner's duties
under sections 124D.71 to 124D.82 and other programs for the
education of American Indian people, as determined by the
commissioner. The committee shall also provide advice to the
commissioner in awarding scholarships to eligible American
Indian students and in administering the commissioner's duties
regarding awarding of American Indian post-secondary preparation
grants to school districts. The committee may work in multiple
subcommittees focused on general Indian education issues and
scholarship-related issues.
Sec. 11. [CORRECTION 2J.] Minnesota Statutes 2000, section
124D.80, subdivision 3, is amended to read:
Subd. 3. [EXPENSES; EXPIRATION.] Each The committee must
be reimbursed for expenses according to section 15.059,
subdivision 6. The commissioner must determine the membership
terms and the duration of each the committee, which shall expire
no later than June 30, 2001 2003.
Sec. 12. [CORRECTION 2K.] [120B.12] [READING
INTERVENTION.]
Subdivision 1. [LITERACY GOAL.] The legislature seeks to
have Minnesota's children able to read no later than the end of
second grade.
Subd. 2. [IDENTIFICATION.] For the 2002-2003 school year
and later, each school district shall identify before the end of
first grade students who are at risk of not learning to read
before the end of second grade. The district must use a locally
adopted assessment method.
Subd. 3. [INTERVENTION.] For each student identified under
subdivision 2, the district shall provide a reading intervention
method or program to assist the student in reaching the goal of
learning to read no later than the end of second grade.
District intervention methods shall encourage parental
involvement and, where possible, collaboration with appropriate
school and community programs. Intervention methods may
include, but are not limited to, requiring attendance in summer
school and intensified reading instruction that may require that
the student be removed from the regular classroom for part of
the school day.
Subd. 4. [STAFF DEVELOPMENT.] Each district shall identify
the staff development needs to ensure that:
(1) elementary teachers are able to implement
comprehensive, scientifically based, and balanced reading
instruction programs that have resulted in improved student
performance;
(2) elementary teachers who are instructing students
identified under subdivision 2 are prepared to teach using the
intervention methods or programs selected by the district for
the identified students; and
(3) all licensed teachers employed by the district have
regular opportunities to improve reading instruction.
Subd. 5. [COMMISSIONER.] The commissioner shall recommend
to districts multiple assessment tools that will assist
districts and teachers with identifying students under
subdivision 2. The commissioner shall also make available to
districts examples of nationally recognized and research-based
instructional methods or programs that districts may use to
provide reading intervention according to this section.
Sec. 13. [CORRECTION 2L.] 2001 First Special Session, H.F.
No. 2, article 2, section 77, subdivision 2, if enacted, is
amended to read:
Subd. 27. [READING COMPETENCY GRANTS.] For reading
competency grants under Minnesota Statutes, section 120B.12 70:
$100,000 ..... 2002
$100,000 ..... 2003
The commissioner must award one grant to the St. Croix
river education district by July 1, 2001.
Sec. 14. [CORRECTION 2M.] 2001 First Special Session, H.F.
No. 2, article 2, section 77, subdivision 25, if enacted, is
amended to read:
Subd. 25. [SCHOOL EVALUATION SERVICES.] For contracting
with an independent school evaluation services contractor to
evaluate and report on school districts' academic and financial
performance under section 64:
$2,500,000 ..... 2002
Any balance in the first year does not cancel but is
available in the second year.
Sec. 15. [CORRECTION 2N.] 2001 First Special Session, H.F.
No. 2, article 7, section 13, subdivision 2, if enacted, is
amended to read:
Subd. 2. [DEPARTMENT.] (a) For the department of children,
families, and learning:
$31,530,000 ..... 2002
$31,748,000 ..... 2003
Any balance in the first year does not cancel but is
available in the second year.
(b) $684,000 in 2002 and $690,000 in 2003 are for the board
of teaching.
(c) $165,000 each year is for the board of school
administrators.
(d) $400,000 in fiscal year 2002 and $400,000 in fiscal
year 2003 are for the office of educational accountability under
Minnesota Statutes, section 120B.31, subdivision 3.
(e) $500,000 in 2002 and $250,000 in 2003 and thereafter
are for the Minnesota Academic Excellence Foundation.
(f) (e) $260,000 each year is for the Minnesota Children's
Museum; $50,000 in fiscal year 2002 is for the Duluth Children's
Museum.
(g) (f) The expenditures of federal grants and aids as
shown in the biennial budget document and its supplements are
approved and appropriated and shall be spent as indicated.
(h) (g) In preparing the department budget for fiscal years
2004-2005, the department shall shift all administrative funding
from aids appropriations into the appropriation for the
department.
Sec. 16. [CORRECTION 5.] Minnesota Statutes 2000, section
297A.70, subdivision 10, as amended by H.F. No. 1, article 12,
section 62, if enacted by the First Special Session of the 2001
legislature, is amended to read:
Subd. 10. [NONPROFIT TICKETS OR ADMISSIONS.] (a) Tickets
or admissions to an event are exempt if all the gross receipts
are recorded as such, in accordance with generally accepted
accounting principles, on the books of one or more organizations
that provide an opportunity for citizens of the state to
participate in the creation, performance, or appreciation of the
arts, and provided that each organization is either:
(1) an organization described in section 501(c)(3) of the
Internal Revenue Code in which voluntary contributions make up
at least the following percent of the organization's annual
revenue in its most recently completed 12-month fiscal year, or
in the current year if the organization has not completed a
12-month fiscal year:
(i) for a fiscal year completed in calendar year 2000,
three percent;
(ii) for a fiscal year completed in calendar year 2001,
four percent; and
(iii) for a fiscal year completed in calendar year 2002 or
thereafter, five percent; or
(i) for sales made after July 31, 2001, and before July 1,
2002, for the organization's fiscal year completed in calendar
year 2000, three percent;
(ii) for sales made on or after July 1, 2002, and on or
before June 30, 2003, for the organization's fiscal year
completed in calendar year 2001, three percent;
(iii) for sales made on or after July 1, 2003, and on or
before June 30, 2004, for the organization's fiscal year
completed in calendar year 2002, four percent; and
(iv) for sales made in each 12-month period, beginning on
July 1, 2004, and each subsequent year, for the organization's
fiscal year completed in the preceding calendar year, five
percent; or
(2) a municipal board that promotes cultural and arts
activities.
The exemption only applies if the entire proceeds, after
reasonable expenses, are used solely to provide opportunities
for citizens of the state to participate in the creation,
performance, or appreciation of the arts.
(b) Tickets or admissions to the premises of the Minnesota
zoological garden are exempt, provided that the exemption under
this paragraph does not apply to tickets or admissions to
performances or events held on the premises unless the
performance or event is sponsored and conducted exclusively by
the Minnesota zoological board or employees of the Minnesota
zoological garden.
Sec. 17. [CORRECTION 6.] Minnesota Statutes 2000, section
473.608, is amended by adding a subdivision to read:
Subd. 2a. [COLDWATER SPRINGS PROPERTY.] (a) The
metropolitan airports commission may acquire property,
consisting of approximately 27 acres in and around Coldwater
Springs in Hennepin county, from the Secretary of the Interior
of the United States or any other federal official or agency
authorized to transfer the property. If the commission acquires
the property, the commission may convey all of its interest in
the property, other than the interest permitted to be retained
under paragraph (b), to the commissioner of natural resources
for park, green space, or similar uses.
(b) To preserve its ability to conduct current or future
aviation operations at the Minneapolis-St. Paul International
Airport and to protect the commission from potential liability
for those aviation operations, the commission may:
(1) retain an easement permitting overflight or another
similar property interest in the property; or
(2) impose restrictions on the transferred property's use
that would be inconsistent with or may create conflicts with
aviation operations.
[EFFECTIVE DATE.] This section applies in the counties of
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington
and is effective the day following its final enactment.
Sec. 18. [CORRECTION 7.] 2001 First Special Session, S.F.
No. 7, article 4, section 4, if enacted, is amended to read:
Sec. 4. DISTRICT COURTS 118,470,000 128,842,000
[CARLTON COUNTY EXTRAORDINARY
EXPENSES.] $300,000 the first year is
to reimburse Carlton county for
extraordinary expenses related to
homicide trials. This is a onetime
appropriation.
[NEW JUDGE UNITS.] $774,000 the first
year and $1,504,000 the second year are
for an increase in judgeship units,
including one trial court judge unit
beginning October 1, 2001, in the tenth
judicial district, one trial court
judge unit beginning April 1, 2002, in
the third judicial district, one trial
court judge unit beginning July 1,
2002, in the tenth judicial district,
one trial court judge unit beginning
January 1, 2003, in the seventh
judicial district, and one trial court
judge unit beginning January 1, 2003,
in the first judicial district. Each
judge unit consists of a judge, law
clerk, and court reporter.
[ALTERNATIVE DISPUTE RESOLUTION
PROGRAMS.] A portion of this
appropriation may be used for the
alternative dispute resolution programs
authorized by article 5, section 18.
[SUPPLEMENTAL FUNDING FOR CERTAIN
MANDATED COSTS.] $4,533,000 the first
year and $6,032,000 the second year are
to supplement funding for guardians ad
litem, interpreters, rule 20 and civil
commitment examinations, and in forma
pauperis costs in the fifth, seventh,
eighth, and ninth judicial districts.
[TRIAL COURT INFRASTRUCTURE STAFF.]
$684,000 the first year and $925,000
the second year are for infrastructure
staff.
[COURT EFFECTIVENESS INITIATIVES;
COMMUNITY COURTS AND SCREENER
COLLECTORS.] $835,000 the first year
and $765,000 the second year are for
court effectiveness initiatives. Of
this amount, $125,000 each year is for
continued funding of the community
court in the fourth judicial district
and $125,000 each year is for continued
funding of the community court in the
second judicial district. These are
onetime appropriations.
The second judicial district and fourth
judicial district shall each report
quarterly to the chairs and ranking
minority members of the legislative
committees and divisions with
jurisdiction over criminal justice
funding on:
(1) how money appropriated for this
initiative was spent; and
(2) the cooperation of other criminal
justice agencies and county units of
government in the community courts'
efforts.
The first report is due on October 1,
2001. None of this appropriation may
be used for the purpose of complying
with these reporting requirements.
Of this amount, $585,000 the first year
and $515,000 the second year are for
screener collector programs.
The fifth, seventh, and ninth judicial
district courts shall implement
screener collector programs to enhance
the collection of overdue fine revenue
by at least ten percent in each
location serviced by a screener
collector. By August 15, 2002, and
annually thereafter, the state court
administrator shall report to the
chairs and ranking minority members of
the house of representatives and senate
committees with jurisdiction over
criminal justice policy and funding
issues on the total amount of fines
collected, the amount of overdue fines
collected for the two preceding fiscal
years, and the expenditures associated
with the screener collector program.
[NINTH DISTRICT CUSTODY AND SUPPORT
PILOT PROJECTS.] Up to $99,000 each
year may be used for the ninth judicial
district to implement the pilot
projects on the six-month review of
child custody, parenting time, and
support orders, and on the accounting
for child support by obligees.
Sec. 19. [CORRECTION 8.] Minnesota Statutes 2000, section
297B.09, subdivision 1, as amended by S.F. No. 7, article 2,
section 64, if enacted by the First Special Session of the 2001
legislature, is amended to read:
Subdivision 1. [DEPOSIT OF REVENUES.] (a) Money collected
and received under this chapter must be deposited as provided in
this subdivision.
(b) From July 1, 2001, to June 30, 2002, 30.86 percent of
the money collected and received must be deposited in the
highway user tax distribution fund, and the remaining money must
be deposited in the general fund.
(c) On and after June 30, 2003 July 1, 2002, 32 percent of
the money collected and received must be deposited in the
highway user tax distribution fund, and the remaining money must
be deposited in the general fund.
Sec. 20. [EFFECTIVE DATE.]
Unless provided otherwise, each section of this act takes
effect at the time the provision being corrected takes effect.
Presented to the governor June 30, 2001
Signed by the governor June 30, 2001, 8:40 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes