Minnesota Session Laws - 2001, 1st Special Session

                              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.