Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 220-H.F.No. 351
An act relating to the financing of state government;
changing appropriations to reflect forecast changes;
reducing appropriations for the fiscal years ending
June 30, 2002 and 2003; canceling balances and
appropriations and transferring balances to the
general fund in order to avert a deficit; eliminating
certain adjustments for inflation in future fiscal
years; providing for family and early childhood
education appropriation adjustments, kindergarten
through grade 12 appropriation adjustments,
kindergarten through grade 12 forecast adjustments,
higher education, corrections, public safety and
transportation and other agency appropriations,
environment and natural resources, agricultural and
rural development, state government appropriations,
courts, economic development, cancellations,
transfers, and adjustments, continuing care and
long-term care, health care, miscellaneous health,
health and human services appropriations; changing
certain fees; appropriating money; amending Minnesota
Statutes 2000, sections 13.871, subdivision 5;
15.0591, subdivision 2; 16A.103, subdivisions 1a, 1b;
16A.152, subdivision 1; 16A.40; 41A.09, subdivision
3a; 62J.692, subdivision 4; 82.34, subdivision 3;
85A.02, subdivision 17; 115A.554; 120A.34; 120B.13,
subdivision 3; 124D.385, subdivision 2; 124D.86,
subdivisions 4, 5; 135A.15, subdivision 1; 136F.68;
144.395, subdivision 1; 145.9266, subdivision 3;
168A.40, subdivision 4; 251.013; 252.282, subdivisions
1, 3, 4, 5; 256.9657, subdivision 1; 256.9753,
subdivision 3; 256B.059, subdivisions 1, 3, 5;
256B.0595, subdivision 4; 256B.0916, subdivision 5;
256B.19, subdivisions 1, 1d; 256B.32; 256B.431,
subdivision 23, by adding a subdivision; 256B.5013,
subdivisions 2, 4, 5, 6; 256B.69, subdivision 5a, by
adding subdivisions; 256L.07, subdivisions 1, 3;
256L.12, subdivision 9; 256L.15, subdivision 3;
260C.163, subdivision 3; 299F.011, by adding a
subdivision; 299L.02, subdivision 7; 299L.07,
subdivision 5; 357.021, subdivision 2; 357.022;
490.123, by adding a subdivision; 611.17; 611A.371,
subdivision 1; 611A.373; 611A.72; 611A.73, subdivision
2, by adding a subdivision; 611A.74, subdivisions 2,
3, 4, 5, 6; Minnesota Statutes 2001 Supplement,
sections 16A.152, subdivisions 1a, 2; 16A.88,
subdivision 1; 16B.65, subdivisions 1, 5a; 17.117,
subdivision 5a; 62J.692, subdivision 7; 62J.694,
subdivision 2a; 93.2235, subdivision 1; 115A.545,
subdivisions 1, 2; 123B.54; 126C.05, subdivision 15;
136A.121, subdivision 6; 136A.124, subdivisions 2, 4;
136G.03, subdivision 25; 136G.07, subdivision 1;
136G.09, subdivision 8; 171.29, subdivision 2;
242.192; 244.054, subdivision 2; 256.01, subdivision
2; 256.022, subdivision 1; 256.969, subdivision 3a;
256B.056, subdivision 3; 256B.0595, subdivisions 1, 2;
256B.0625, subdivision 13; 256B.437, subdivision 2;
256B.439, subdivisions 1, 4; 256B.5013, subdivision 1;
256B.69, subdivisions 5b, 5c; 256B.75; 256L.15,
subdivision 1; 260B.007, subdivision 16; 260C.141,
subdivision 3; 299A.75, subdivision 1; 611A.372;
611A.74, subdivision 1; Laws 1997, First Special
Session chapter 4, article 3, section 25, subdivision
7; Laws 1998, chapter 404, section 23, subdivision 6;
Laws 2000; chapter 489, article 1, section 36; Laws
2001, First Special Session chapter 3, article 1,
section 17, subdivisions 3, 7, 8, 9, 11; Laws 2001,
First Special Session chapter 3, article 1, section
18; Laws 2001, First Special Session chapter 3,
article 1, section 19, subdivisions 3, 5; Laws 2001,
First Special Session chapter 3, article 2, section
15, subdivision 3; Laws 2001, First Special Session
chapter 3, article 3, section 9, subdivision 6; Laws
2001, First Special Session chapter 3, article 4,
section 5, subdivisions 2, 4; Laws 2001, First Special
Session chapter 4, article 1, section 4, subdivision
6; Laws 2001, First Special Session chapter 4, article
3, section 1; Laws 2001, First Special Session chapter
4, article 3, section 2, subdivision 1; Laws 2001,
First Special Session chapter 4, article 3, section 3;
Laws 2001, First Special Session chapter 5, article 2,
section 29, subdivision 2; Laws 2001, First Special
Session chapter 6, article 1, section 54, subdivisions
2, 4, 5, 6, 7; Laws 2001, First Special Session
chapter 6, article 2, section 77, subdivisions 2, 4,
5, 7, 8, 11, 15, 18, 23, 25, as amended, 29; Laws
2001, First Special Session chapter 6, article 3,
section 21, subdivisions 2, 3, 4, 5, 7, 11; Laws 2001,
First Special Session chapter 6, article 4, section
27, subdivisions 2, 3, 5, 6; Laws 2001, First Special
Session chapter 6, article 5, section 13, subdivisions
2, 5; Laws 2001, First Special Session chapter 6,
article 7, section 13, as amended; Laws 2001, First
Special Session chapter 6, article 7, section 14; Laws
2001, First Special Session chapter 8, article 4,
section 10, subdivisions 1, 7; Laws 2001, First
Special Session chapter 8, article 4, section 11; Laws
2001, First Special Session chapter 8, article 11,
section 14; Laws 2001, First Special Session chapter
9, article 2, section 7, the effective date; Laws
2001, First Special Session chapter 9, article 5,
section 35; proposing coding for new law in Minnesota
Statutes, chapter 126C; repealing Minnesota Statutes
2000, sections 13.202, subdivision 8; 41B.047,
subdivision 2; 103B.3369, subdivisions 7, 8; 103B.351;
103F.461; 103G.2373; 144.6905; 145.475; 256.9731;
256B.0916, subdivision 1; 256K.01; 256K.015; 256K.02;
256K.03, subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
12; 256K.04; 256K.05; 256K.06; 256K.08; 256K.09;
465.795; 465.796; 465.797; 465.7971; 465.798; 465.799;
465.801; 465.802; 465.803; 465.83; 465.87; 465.88;
490.123, subdivision 1d; 611A.37, subdivisions 6, 7;
611A.375; 611A.74, subdivision 1a; Minnesota Statutes
2001 Supplement, sections 4.50; 16A.1523; 256K.03,
subdivision 1; 256K.07; 256L.03, subdivision 5a;
469.1799, subdivisions 1, 3; Laws 1997, chapter 183,
article 2, section 19; Laws 1999, chapter 152, as
amended; Laws 2000, chapter 447, section 25; Laws
2001, First Special Session chapter 3, article 3,
section 8; Laws 2001, First Special Session chapter 6,
article 1, section 31; Laws 2001, First Special
Session chapter 9, article 13, sections 22, 25, 26,
27, 28; Minnesota Rules, parts 8405.0100; 8405.0110;
8405.0120; 8405.0130; 8405.0140; 8405.0150; 8405.0160;
8405.0170; 8405.0180; 8405.0190; 8405.0200; 8405.0210;
8405.0220; 8405.0230.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
SUMMARY
(General Fund Only, After Forecast Adjustments)
BIENNIAL
2002 2003 TOTAL
APPROPRIATIONS
Early Education $ (100,000) $ (3,900,000) $ (4,000,000)
K-12 Education (4,979,000) (9,947,000) (14,926,000)
Higher Education (2,744,000) (47,256,000) (50,000,000)
Corrections (5,165,000) (11,489,000) (16,654,000)
Transportation
and Public Safety (2,018,000) (6,932,000) (8,950,000)
Environment and
Natural Resources (103,000) (12,797,000) (12,900,000)
Agriculture (469,000) (1,227,000) (1,696,000)
State Government (14,695,000) (30,005,000) (44,700,000)
Courts (1,592,000) (1,592,000)
Economic Development (1,899,000) (3,594,000) (5,943,000)
Health and
Human Services (1,386,000) (54,038,000) (55,424,000)
SUBTOTAL $ (33,558,000) $ (182,777,000)$ (216,335,000)
CANCELLATIONS (1,167,667,000) (108,000,000) (1,275,667,000)
TRANSFERS IN (84,168,000) (233,946,000) (318,114,000)
TOTAL $(1,285,393,000) $ (524,723,000)$(1,810,116,000)
ARTICLE 2
FAMILY AND EARLY CHILDHOOD EDUCATION
APPROPRIATION ADJUSTMENTS
Section 1. Laws 2000, chapter 489, article 1, section 36,
is amended to read:
Sec. 36. [MFIP SOCIAL SERVICES CHILD CARE SUNSET AND
REPORT.]
Minnesota Statutes, section 119B.05, subdivision 1, clause
(5), expires on June 30, 2003. MFIP social services child care
must be paid for with the appropriations under section 45,
subdivision 3. Priority must be given to mental health services
and chemical dependency services. Any amount that is not needed
for MFIP social services child care must be used for child care
assistance under Minnesota Statutes, section 119B.03. The
commissioner of children, families, and learning must notify the
chairs of the family and early childhood committees in the house
and the senate if expenditures for MFIP social services child
care are expected to exceed appropriations under section 45,
subdivision 3. The commissioner shall report to the legislature
by January 15, 2003, on the use of MFIP social services child
care with recommendations on the need for social services child
care and its effectiveness in promoting self-sufficiency.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 2. Laws 2001, First Special Session chapter 3,
article 1, section 17, subdivision 3, is amended to read:
Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early
childhood family education aid according to Minnesota Statutes,
section 124D.135:
$20,758,000 $20,725,000 ..... 2002
$20,663,000 $20,624,000 ..... 2003
The 2002 appropriation includes $2,036,000 for 2001 and
$18,722,000 $18,689,000 for 2002.
The 2003 appropriation includes $2,081,000 $2,076,000 for
2002 and $18,582,000 $18,548,000 for 2003.
Any balance in the first year does not cancel but is
available in the second year.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 3. Laws 2001, First Special Session chapter 3,
article 1, section 17, subdivision 7, is amended to read:
Subd. 7. [SCHOOL AGE CARE AID.] For school age care aid
according to Minnesota Statutes, section 124D.22:
$221,000 ..... 2002
$133,000 $100,000 ..... 2003
The 2002 appropriation includes $30,000 for 2001 and
$191,000 for 2002.
The 2003 appropriation includes $21,000 for 2002 and
$112,000 $79,000 for 2003.
Any balance in the first year does not cancel but is
available in the second year.
Sec. 4. Laws 2001, First Special Session chapter 3,
article 1, section 17, subdivision 8, is amended to read:
Subd. 8. [BASIC SLIDING FEE.] For child care assistance
according to Minnesota Statutes, section 119B.03:
$51,999,000 ..... 2002
$51,999,000 $48,499,000 ..... 2003
Beginning in fiscal year 2004, the base appropriation is
$48,499,000.
Any balance in the first year does not cancel but is
available in the second year.
Sec. 5. Laws 2001, First Special Session chapter 3,
article 1, section 17, subdivision 9, is amended to read:
Subd. 9. [MFIP CHILD CARE.] For child care assistance
according to Minnesota Statutes, section 119B.05:
$82,253,000 $69,201,000 ..... 2002
$78,606,000 $77,122,000 ..... 2003
Any balance in the first year does not cancel but is
available in the second year.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 6. Laws 2001, First Special Session chapter 3,
article 1, section 17, subdivision 11, is amended to read:
Subd. 11. [CHILD CARE SERVICE GRANTS.] For child care
development activities under child care service grants according
to Minnesota Statutes, section 119B.21:
$1,865,000 ..... 2002
$1,865,000 $1,365,000 ..... 2003
Beginning in fiscal year 2004, the base is $1,365,000 from
the general fund.
Any balance in the first year does not cancel but is
available in the second year.
Sec. 7. Laws 2001, First Special Session chapter 3,
article 1, section 18, is amended to read:
Sec. 18. [SPECIAL REVENUE; CHILD SUPPORT COLLECTIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] Appropriations in this section are from child support
collection payments in the special revenue fund pursuant to
Minnesota Statutes, section 119B.074. The sums indicated are
appropriated to the department of children, families, and
learning for the fiscal years designated.
Subd. 2. [CHILD CARE ASSISTANCE.] For child care
assistance according to Minnesota Statutes, section 119B.03:
$2,441,439 ..... 2002
$2,340,251 $2,840,251 ..... 2003
Sec. 8. Laws 2001, First Special Session chapter 3,
article 1, section 19, subdivision 3, is amended to read:
Subd. 3. [TRANSITION YEAR FAMILIES.] To provide
uninterrupted assistance under Minnesota Statutes, section
119B.03, for families completing transition year child care
assistance:
$3,620,000 $1,404,000 ..... 2002
$4,040,000 $1,357,000 ..... 2003
Any balance in the first year does not cancel but is
available in the second year. Any unspent balance from the
appropriations for 2002 and 2003 is returned to the TANF reserve.
TANF dollars appropriated for this purpose in 2001 which are not
encumbered by January 1, 2002, are returned to the TANF reserve.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 9. Laws 2001, First Special Session chapter 3,
article 1, section 19, subdivision 5, is amended to read:
Subd. 5. [MFIP SOCIAL SERVICES CHILD CARE.] For social
services child care costs of eligible MFIP participants under
Minnesota Statutes, section 119B.05, subdivision 1, clause (5):
$3,297,000 $973,000 ..... 2002
$2,865,000 $997,000 ..... 2003
Any balance in the first year does not cancel but is
available in the second year. Any unspent balance from the
appropriations for 2002 and 2003 is returned to the TANF reserve.
TANF dollars appropriated for this purpose in 2001 which are not
encumbered by January 1, 2002, are returned to the TANF reserve.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 10. Laws 2001, First Special Session chapter 3,
article 2, section 15, subdivision 3, is amended to read:
Subd. 3. [COMMUNITY EDUCATION AID.] For community
education aid according to Minnesota Statutes, section 124D.20:
$14,209,000 $14,190,000 ..... 2002
$13,111,000 $ 8,186,000 ..... 2003
The 2002 appropriation includes $1,528,000 for 2001 and
$12,681,000 $12,662,000 for 2002.
The 2003 appropriation includes $1,409,000 $1,406,000 for
2002 and $11,702,000 $6,780,000 for 2003.
Any balance in the first year does not cancel but is
available in the second year.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 11. Laws 2001, First Special Session chapter 3,
article 3, section 9, subdivision 6, is amended to read:
Subd. 6. [ADULT BASIC EDUCATION AUDITS; STATE DIRECTOR.]
For adult basic education audits under Minnesota Statutes,
section 124D.531, and for a state adult basic education director:
$100,000 ..... 2002
$275,000 $175,000 ..... 2003
The fiscal year 2004 appropriation is $275,000 $175,000.
In fiscal year 2005 and thereafter, the base is $170,000 $70,000
from the general fund each year.
Any balance in the first year does not cancel but is
available in the second year.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 12. Laws 2001, First Special Session chapter 3,
article 4, section 5, subdivision 2, is amended to read:
Subd. 2. [BASIC SUPPORT GRANTS.] For basic support grants
according to Minnesota Statutes, sections 134.32 to 134.35:
$8,570,000 ..... 2002
$8,570,000 ..... 2003
The 2002 appropriation includes $857,000 for 2001 and
$7,713,000 for 2002.
The 2003 appropriation includes $857,000 for 2002 and
$7,713,000 for 2003.
Base level funding for fiscal year 2004 is
$9,723,000 $9,823,000 and $9,722,000 $9,822,000 for fiscal year
2005.
Sec. 13. Laws 2001, First Special Session chapter 3,
article 4, section 5, subdivision 4, is amended to read:
Subd. 4. [REGIONAL LIBRARY TELECOMMUNICATIONS AID.] For
aid to regional public library systems under Minnesota Statutes,
section 134.47:
$1,200,000 ..... 2002
$1,200,000 $1,400,000 ..... 2003
This is a one-time appropriation. Any balance in the first
year does not cancel but is available in the second year.
Sec. 14. [TANF APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sum indicated in this section is appropriated to
the commissioner of children, families, and learning from the
federal Temporary Assistance for Needy Families block grant for
the fiscal year designated. This amount is available for
expenditure until June 30, 2003.
Subd. 2. [BASIC SLIDING FEE CHILD CARE.] For child care
assistance according to Minnesota Statutes, section 119B.03:
$3,000,000 ..... 2003
Sec. 15. [REPEALER.]
Laws 2001, First Special Session chapter 3, article 3,
section 8, is repealed.
ARTICLE 3
K-12 APPROPRIATION ADJUSTMENTS
Section 1. Minnesota Statutes 2000, section 120B.13,
subdivision 3, is amended to read:
Subd. 3. [SUBSIDY FOR EXAMINATION FEES.] The state may pay
all or part of the fee for advanced placement or international
baccalaureate examinations for pupils of low-income families in
public and nonpublic schools. The commissioner shall adopt a
schedule for fee subsidies that may allow payment of the entire
fee for low-income families, as defined by the
commissioner. The commissioner may also determine the
circumstances under which the fee is subsidized, in whole or in
part. The commissioner shall determine procedures for state
payments of fees.
Sec. 2. Minnesota Statutes 2000, section 124D.86,
subdivision 4, is amended to read:
Subd. 4. [INTEGRATION LEVY.] A district may levy an amount
equal to 33 37 percent for fiscal year 2000 and 2003, 22 percent
for fiscal year 2001 2004, 29 percent for fiscal year 2005, and
22 percent for fiscal year 2006 and thereafter of the district's
integration revenue as defined in subdivision 3.
Sec. 3. Minnesota Statutes 2000, section 124D.86,
subdivision 5, is amended to read:
Subd. 5. [INTEGRATION AID.] A district's integration aid
equals 67 63 percent for fiscal year 2000 and 2003, 78 percent
for fiscal year 2001 2004, 71 percent for fiscal year 2005, and
78 percent for fiscal year 2006 and thereafter of the district's
integration revenue as defined in subdivision 3.
Sec. 4. Minnesota Statutes 2001 Supplement, section
126C.05, subdivision 15, is amended to read:
Subd. 15. [LEARNING YEAR PUPIL UNITS.] (a) When a pupil is
enrolled in a learning year program under section 124D.128, an
area learning center under sections 123A.05 and 123A.06, an
alternative program approved by the commissioner, or a contract
alternative program under section 124D.68, subdivision 3,
paragraph (d), or subdivision 3a, for more than 1,020 hours in a
school year for a secondary student, more than 935 hours in a
school year for an elementary student, or more than 425 hours in
a school year for a kindergarten student without a disability,
that pupil may be counted as more than one pupil in average
daily membership. The amount in excess of one pupil must be
determined by the ratio of the number of hours of instruction
provided to that pupil in excess of: (i) the greater of 1,020
hours or the number of hours required for a full-time secondary
pupil in the district to 1,020 for a secondary pupil; (ii) the
greater of 935 hours or the number of hours required for a
full-time elementary pupil in the district to 935 for an
elementary pupil in grades 1 through 6; and (iii) the greater of
425 hours or the number of hours required for a full-time
kindergarten student without a disability in the district to 425
for a kindergarten student without a disability. Hours that
occur after the close of the instructional year in June shall be
attributable to the following fiscal year. A kindergarten
student must not be counted as more than 1.2 pupils in average
daily membership under this subdivision. A student in grades 1
through 12 must not be counted as more than 1.5 pupils in
average daily membership under this subdivision.
(b)(i) To receive general education revenue for a pupil in
an alternative program that has an independent study component,
a district must meet the requirements in this paragraph. The
district must develop, for the pupil, a continual learning plan
consistent with section 124D.128, subdivision 3. Each school
district that has a state-approved public alternative program
must reserve revenue in an amount equal to at least 90 percent
of the district average general education revenue per pupil unit
less compensatory revenue per pupil unit times the number of
pupil units generated by students attending a state-approved
public alternative program. The amount of reserved revenue
available under this subdivision may only be spent for program
costs associated with the state-approved public alternative
program. Compensatory revenue must be allocated according to
section 126C.15, subdivision 2.
(ii) General education revenue for a pupil in an approved
alternative program without an independent study component must
be prorated for a pupil participating for less than a full year,
or its equivalent. The district must develop a continual
learning plan for the pupil, consistent with section 124D.128,
subdivision 3. Each school district that has a state-approved
public alternative program must reserve revenue in an amount
equal to at least 90 percent of the district average general
education revenue per pupil unit less compensatory revenue per
pupil unit times the number of pupil units generated by students
attending a state-approved public alternative program. The
amount of reserved revenue available under this subdivision may
only be spent for program costs associated with the
state-approved public alternative program. Compensatory revenue
must be allocated according to section 126C.15, subdivision 2.
(iii) General education revenue for a pupil in an approved
alternative program that has an independent study component must
be paid for each hour of teacher contact time and each hour of
independent study time completed toward a credit or graduation
standards necessary for graduation. Average daily membership
for a pupil shall equal the number of hours of teacher contact
time and independent study time divided by 1,020.
(iv) For an alternative program having an independent study
component, the commissioner shall require a description of the
courses in the program, the kinds of independent study involved,
the expected learning outcomes of the courses, and the means of
measuring student performance against the expected outcomes.
Sec. 5. [126C.457] [CAREER AND TECHNICAL LEVY.]
For taxes payable in 2003 only, a school district may levy
an amount equal to the greater of (1) $10,000, or (2) the
district's fiscal year 2001 entitlement for career and technical
aid under section 124D.453. The district must recognize the
full amount of this levy as revenue for the fiscal year in which
it is certified. Revenue received under this section must be
reserved and used only for career and technical programs.
Sec. 6. Minnesota Statutes 2000, section 136F.68, is
amended to read:
136F.68 [STATE PROPERTY AGREEMENTS.]
Notwithstanding section 16B.24, or other law to the
contrary, the board may enter into an agreement with an
intermediate school district for the cooperative use of state
property for an initial period of ten years, which may be
renewed or extended for additional periods of up to ten years
each any period of time specified in the agreement.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 7. Laws 1997, First Special Session chapter 4,
article 3, section 25, subdivision 7, is amended to read:
Subd. 7. [WORKSTUDY STUDENT COMPENSATION.] For enabling
school districts to pay the employer's share of work study
students compensation under Minnesota Statutes, section
136A.233, subdivision 3:
$50,000 ..... 1998
$50,000 ..... 1999
Money shall be available to districts upon request until
the appropriation is exhausted February 14, 2002. The
commissioner may establish an application procedure for
allocating the money to districts.
Sec. 8. Laws 2001, First Special Session chapter 6,
article 1, section 54, subdivision 2, is amended to read:
Subd. 2. [GENERAL AND SUPPLEMENTAL EDUCATION AID.] (a) For
general and supplemental education aid:
$3,364,596,000 $3,404,787,000 ..... 2002
$3,506,910,000 $4,982,334,000 ..... 2003
The 2002 appropriation includes $318,932,000 $323,767,000
for 2001 and $3,045,664,000 $3,081,020,000 for 2002.
The 2003 appropriation includes $338,407,000 $335,220,000
for 2002 and $3,168,503,000 $4,647,114,000 for 2003.
(b) The fiscal year 2003 appropriation in paragraph (a) is
reduced by $1,901,000.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 9. Laws 2001, First Special Session chapter 6,
article 2, section 77, subdivision 2, is amended to read:
Subd. 2. [EXAMINATION FEES; TEACHER TRAINING AND SUPPORT
PROGRAMS.] (a) For students' advanced placement and
international baccalaureate examination fees under Minnesota
Statutes 2000, section 120B.13, subdivision 3, and the training
and related costs for teachers and other interested educators
under Minnesota Statutes 2000, section 120B.13, subdivision 1:
$2,000,000 ..... 2002
$2,000,000 $1,000,000 ..... 2003
Any funds unexpended in the first year do not cancel and
are available in the second year.
(b) The advanced placement program shall receive 75 percent
of the appropriation each year and the international
baccalaureate program shall receive 25 percent of the
appropriation each year. The department, in consultation with
representatives of the advanced placement and international
baccalaureate programs selected by the advanced placement
advisory council and IBMN, respectively, shall determine the
amounts of the expenditures each year for examination fees and
training and support programs for each program.
(c) Notwithstanding Minnesota Statutes, section 120B.13,
subdivision 1, $375,000 each year is for teachers to attend
subject matter summer training programs and follow-up support
workshops approved by the advanced placement or international
baccalaureate programs. The amount of the subsidy for each
teacher attending an advanced placement or international
baccalaureate summer training program or workshop shall be the
same. The commissioner shall determine the payment process and
the amount of the subsidy.
(d) Notwithstanding Minnesota Statutes, section 120B.13,
subdivision 3, in each year to the extent of available
appropriations, The commissioner shall pay all examination fees
for all students of low-income families under Minnesota
Statutes, section 120B.13, subdivision 3, and to the extent of
available appropriations shall also pay examination fees for
students sitting for an advanced placement examination,
international baccalaureate examination, or both. If this
amount is not adequate, the commissioner may pay less than the
full examination fee.
Any balance in the first year does not cancel but is
available in the second year.
Sec. 10. Laws 2001, First Special Session chapter 6,
article 2, section 77, subdivision 7, is amended to read:
Subd. 7. [BEST PRACTICES SEMINARS.] For best practices
graduation rule seminars and other professional development
capacity building activities that assure proficiency in teaching
and implementation of graduation rule standards:
$5,260,000 ..... 2002
$3,480,000 $2,180,000 ..... 2003
$1,000,000 in fiscal year 2002 is for arts via the Internet
collaborative project between the Walker Art Center and the
Minneapolis Institute of Arts; $500,000 each year is for best
practices grants to intermediate school districts Nos. 287, 916,
and 917 to train teachers of special needs students under Laws
1998, chapter 398, article 5, section 42; and $250,000 each year
is for a grant to A Chance to Grow/New Visions for the Minnesota
Learning Resource Center.
The commissioner shall consider a curriculum development
grant, consistent with the graduation rule, to develop curricula
in the area of natural sciences including botany, horticulture,
and zoology. The grant shall also be used to provide
instructional materials on the Internet. The commissioner shall
consider best practices grants to districts for developing
gifted and talented services that are integrated with the
state's graduation standards. The commissioner shall consider a
grant to independent school district No. 621, Mounds View, for a
pilot project to establish a parallel block schedule strategy in
grades 1 through 3.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 11. Laws 2001, First Special Session chapter 6,
article 2, section 77, subdivision 23, is amended to read:
Subd. 23. [EDUCATION AND EMPLOYMENT TRANSITIONS PROGRAM
GRANTS.] For education and employment transitions programming
under Minnesota Statutes, section 124D.46:
$775,000 ..... 2002
$775,000 ..... 2003
$250,000 each year is for ISEEK.
$450,000 each year is for youth apprenticeship grants and
to conduct a high school follow-up survey to include first,
third, and sixth year graduates of Minnesota schools.
$75,000 each year is for grants to school districts for the
junior achievement program.
Any balance in the first year does not cancel but is
available in the second year.
Sec. 12. Laws 2001, First Special Session chapter 6,
article 2, section 77, subdivision 25, as amended by Laws 2001,
First Special Session chapter 13, section 14, 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 $1,500,000 ..... 2002
Any balance in the first year does not cancel but is
available in the second year. The base for this program is
$1,500,000 in fiscal year 2004 only.
Sec. 13. Laws 2001, First Special Session chapter 6,
article 2, section 77, subdivision 29, is amended to read:
Subd. 29. [ALTERNATIVE TEACHER COMPENSATION.] For
alternative teacher compensation established under Minnesota
Statutes, sections 124D.945 to 124D.947:
$4,000,000 $3,000,000 ..... 2002
$4,000,000 $3,700,000 ..... 2003
If the appropriations under this subdivision are
insufficient to fund all program participants, the participants
shall be prioritized by the commissioner by the date of receipt
of the application. A participant may receive less than the
maximum per pupil amount available under Minnesota Statutes,
section 124D.945, subdivision 3.
Any balance in the first year does not cancel but is
available in the second year.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 14. Laws 2001, First Special Session chapter 6,
article 3, section 21, subdivision 11, is amended to read:
Subd. 11. [WEB-BASED, INDIVIDUAL INTERAGENCY INTERVENTION
PLAN.] For ongoing development, administration, and interagency
training costs associated with a statewide, Web-based
application for the individual interagency intervention plan
required in Minnesota Statutes, section 125A.023:
$250,000 ..... 2002
$250,000 ..... 2003
This is a onetime appropriation.
Sec. 15. Laws 2001, First Special Session chapter 6,
article 7, section 13, as amended by Laws 2001, First Special
Session chapter 13, section 15, is amended to read:
Sec. 13. [APPROPRIATIONS; DEPARTMENT OF CHILDREN,
FAMILIES, AND LEARNING.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] Unless otherwise indicated, the sums indicated in
this section are appropriated from the general fund to the
department of children, families, and learning for the fiscal
years designated.
Subd. 2. [DEPARTMENT.] (a) For the department of children,
families, and learning:
$31,530,000 $28,801,000 ..... 2002
$31,748,000 $27,827,000 ..... 2003
Any balance in the first year does not cancel but is
available in the second year.
(b) $684,000 $616,000 in 2002 and $690,000 $621,000 in 2003
are for the board of teaching.
(c) $165,000 each year is for the board of school
administrators.
(d) $500,000 in 2002 and $250,000 in 2003 and thereafter
are for the Minnesota Academic Excellence Foundation.
(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.
(f) (e) 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.
(g) (f) 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.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 16. Laws 2001, First Special Session chapter 6,
article 7, section 14, is amended to read:
Sec. 14. [APPROPRIATIONS; PERPICH CENTER FOR ARTS
EDUCATION.]
The sums indicated in this section are appropriated from
the general fund to the Perpich Center for Arts Education for
the fiscal years designated:
$7,681,000 $7,431,000 ..... 2002
$7,816,000 $7,316,000 ..... 2003
$150,000 each year is to extend the partnership network to
up to five new partnership sites and for developing
whole-school, arts-based teaching and learning curriculum at new
sites.
Any balance in the first year does not cancel but is
available in the second year.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 17. [EXCESS COST AID ADJUSTMENT; CAMBRIDGE-ISANTI.]
For fiscal year 2002 only, the commissioner of children,
families, and learning must make a positive adjustment of
$400,000 to the special education excess cost-aid payment to
independent school district No. 911, Cambridge-Isanti.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 18. [REPEALER.]
Laws 2001, First Special Session chapter 6, article 1,
section 31, is repealed retroactive to July 1, 2001.
ARTICLE 4
K-12 FORECAST ADJUSTMENTS
Section 1. Minnesota Statutes 2001 Supplement, section
123B.54, is amended to read:
123B.54 [DEBT SERVICE APPROPRIATION.]
(a) $25,989,000 $25,987,000 in fiscal year 2002,
$35,163,000 $31,892,000 in fiscal year 2003,
$31,787,000 $36,629,000 in fiscal year 2004, and
$26,453,000 $36,931,000 in fiscal years 2005 and later are
appropriated from the general fund to the commissioner of
children, families, and learning for payment of debt service
equalization aid under section 123B.53.
(b) The appropriations in paragraph (a) must be reduced by
the amount of any money specifically appropriated for the same
purpose in any year from any state fund.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 2. Laws 2001, First Special Session chapter 5,
article 2, section 29, subdivision 2, is amended to read:
Subd. 2. [REFERENDUM TAX BASE REPLACEMENT AID.] For
referendum tax base replacement aid according to Minnesota
Statutes, section 126C.17, subdivision 7a:
$7,851,000 $7,616,000 ..... 2003
The 2003 appropriation includes $0 for 2002 and $7,851,000
$7,616,000 for 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 3. Laws 2001, First Special Session chapter 6,
article 1, section 54, subdivision 4, is amended to read:
Subd. 4. [ABATEMENT AID.] For abatement aid according to
Minnesota Statutes, section 127A.49:
$7,098,000 $5,698,000 ..... 2002
$7,692,000 $2,990,000 ..... 2003
The 2002 appropriation includes $640,000 for 2001 and
$6,458,000 $5,058,000 for 2002.
The 2003 appropriation includes $717,000 $562,000 for 2002
and $6,975,000 $2,428,000 for 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 4. Laws 2001, First Special Session chapter 6,
article 1, section 54, subdivision 5, is amended to read:
Subd. 5. [NONPUBLIC PUPIL AID.] For nonpublic pupil
education aid according to Minnesota Statutes, sections 123.79
and 123B.40 to 123B.43:
$14,099,000 $14,441,000 ..... 2002
$16,472,000 $15,977,000 ..... 2003
The 2002 appropriation includes $1,330,000 for 2001 and
$12,769,000 $13,111,000 for 2002.
The 2003 appropriation includes $1,419,000 $1,457,000 for
2002 and $15,053,000 $14,520,000 for 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 5. Laws 2001, First Special Session chapter 6,
article 1, section 54, subdivision 6, is amended to read:
Subd. 6. [NONPUBLIC PUPIL TRANSPORTATION.] For nonpublic
pupil transportation aid under Minnesota Statutes, section
123B.92, subdivision 9:
$20,488,000 $20,635,000 ..... 2002
$24,802,000 $25,347,000 ..... 2003
The 2002 appropriation includes $2,000,000 for 2001 and
$18,488,000 $18,635,000 for 2002.
The 2003 appropriation includes $2,054,000 $2,070,000 for
2002 and $22,748,000 $23,277,000 for 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 6. Laws 2001, First Special Session chapter 6,
article 1, section 54, subdivision 7, is amended to read:
Subd. 7. [CONSOLIDATION TRANSITION AID.] For districts
consolidating under Minnesota Statutes, section 123A.485:
$675,000 $531,000 ..... 2002
$669,000 $736,000 ..... 2003
The 2002 appropriation includes $44,000 for 2001 and
$631,000 $487,000 for 2002.
The 2003 appropriation includes $70,000 $54,000 for 2002
and $599,000 $682,000 for 2003.
Any balance in the first year does not cancel but is
available in the second year.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 7. Laws 2001, First Special Session chapter 6,
article 2, section 77, subdivision 4, is amended to read:
Subd. 4. [CHARTER SCHOOL BUILDING LEASE AID.] For building
lease aid under Minnesota Statutes, section 124D.11, subdivision
4:
$16,554,000 $12,323,000 ..... 2002
$25,176,000 $15,330,000 ..... 2003
The 2002 appropriation includes $1,114,000 for 2001 and
$15,440,000 $11,209,000 for 2002.
The 2003 appropriation includes $1,715,000 $1,245,000 for
2002 and $23,461,000 $14,085,000 for 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 8. Laws 2001, First Special Session chapter 6,
article 2, section 77, subdivision 5, is amended to read:
Subd. 5. [CHARTER SCHOOL STARTUP GRANTS.] For charter
school startup cost aid under Minnesota Statutes, section
124D.11:
$2,738,000 $2,090,000 ..... 2002
$3,143,000 $1,549,000 ..... 2003
The 2002 appropriation includes $273,000 $258,000 for 2001
and $2,465,000 $1,832,000 for 2002.
The 2003 appropriation includes $274,000 $204,000 for 2002
and $2,869,000 $1,345,000 for 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 9. Laws 2001, First Special Session chapter 6,
article 2, section 77, subdivision 8, is amended to read:
Subd. 8. [INTEGRATION AID.] For integration aid:
$65,478,000 $63,421,000 ..... 2002
$51,996,000 $53,890,000 ..... 2003
The 2002 appropriation includes $5,729,000 for 2001 and
$59,749,000 $57,692,000 for 2002.
The 2003 appropriation includes $6,639,000 $6,410,000 for
2002 and $45,357,000 $47,480,000 for 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 10. Laws 2001, First Special Session chapter 6,
article 2, section 77, subdivision 11, is amended to read:
Subd. 11. [MAGNET SCHOOL STARTUP AID.] For magnet school
startup aid under Minnesota Statutes, section 124D.88:
$482,000 $475,000 ..... 2002
$326,000 $298,000 ..... 2003
The 2002 appropriation includes $25,000 for 2001 and
$457,000 $450,000 for 2002.
The 2003 appropriation includes $51,000 $50,000 for 2002
and $275,000 $248,000 for 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 11. Laws 2001, First Special Session chapter 6,
article 2, section 77, subdivision 15, is amended to read:
Subd. 15. [SUCCESS FOR THE FUTURE.] For American Indian
success for the future grants according to Minnesota Statutes,
section 124D.81:
$2,047,000 $1,924,000 ..... 2002
$2,137,000 ..... 2003
The 2002 appropriation includes $0 for 2001 and $2,047,000
$1,924,000 for 2002.
The 2003 appropriation includes $255,000 $213,000 for 2002
and $2,132,000 $1,924,000 for 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 12. Laws 2001, First Special Session chapter 6,
article 2, section 77, subdivision 18, is amended to read:
Subd. 18. [TRIBAL CONTRACT SCHOOLS.] For tribal contract
school aid under Minnesota Statutes, section 124D.83:
$2,520,000 $2,304,000 ..... 2002
$2,767,000 $2,408,000 ..... 2003
The 2002 appropriation includes $192,000 for 2001 and
$2,328,000 $2,112,000 for 2002.
The 2003 appropriation includes $258,000 $235,000 for 2002
and $2,509,000 $2,173,000 for 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 13. Laws 2001, First Special Session chapter 6,
article 3, section 21, subdivision 2, is amended to read:
Subd. 2. [SPECIAL EDUCATION AID.] For special education
aid according to Minnesota Statutes, section 125A.75:
$507,448,000 $507,841,000 ..... 2002
$531,481,000 $532,282,000 ..... 2003
The 2002 appropriation includes $47,400,000 for 2001 and
$460,048,000 $460,441,000 for 2002.
The 2003 appropriation includes $51,116,000 $51,160,000 for
2002 and $480,365,000 $481,122,000 for 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 14. Laws 2001, First Special Session chapter 6,
article 3, section 21, subdivision 3, is amended to read:
Subd. 3. [AID FOR CHILDREN WITH A DISABILITY.] For aid
according to Minnesota Statutes, section 125A.75, subdivision 3,
for children with a disability placed in residential facilities
within the district boundaries for whom no district of residence
can be determined:
$1,877,000 $1,358,000 ..... 2002
$2,033,000 $3,161,000 ..... 2003
If the appropriation for either year is insufficient, the
appropriation for the other year is available.
Any balance in the first year does not cancel but is
available in the second year.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 15. Laws 2001, First Special Session chapter 6,
article 3, section 21, subdivision 4, is amended to read:
Subd. 4. [TRAVEL FOR HOME-BASED SERVICES.] For aid for
teacher travel for home-based services according to Minnesota
Statutes, section 125A.75, subdivision 1:
$135,000 $143,000 ..... 2002
$138,000 $148,000 ..... 2003
The 2002 appropriation includes $13,000 $14,000 for 2001
and $122,000 $129,000 for 2002.
The 2003 appropriation includes $13,000 $15,000 for 2002
and $125,000 $133,000 for 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 16. Laws 2001, First Special Session chapter 6,
article 3, section 21, subdivision 5, is amended to read:
Subd. 5. [SPECIAL EDUCATION EXCESS COST AID.] For excess
cost aid:
$102,665,000 $103,061,000 ..... 2002
$104,773,000 $105,289,000 ..... 2003
The 2002 appropriation includes $9,889,000 for 2001 and
$92,776,000 $93,172,000 for 2002.
The 2003 appropriation includes $10,308,000 $10,352,000 for
2002 and $94,465,000 $94,937,000 for 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 17. Laws 2001, First Special Session chapter 6,
article 3, section 21, subdivision 7, is amended to read:
Subd. 7. [TRANSITION PROGRAMS; STUDENTS WITH
DISABILITIES.] For aid for transition programs for pupils with
disabilities according to Minnesota Statutes, section 124D.454:
$8,954,000 $8,960,000 ..... 2002
$8,939,000 $8,952,000 ..... 2003
The 2002 appropriation includes $896,000 for 2001 and
$8,058,000 $8,064,000 for 2002.
The 2003 appropriation includes $895,000 $896,000 for 2002
and $8,044,000 $8,056,000 for 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 18. Laws 2001, First Special Session chapter 6,
article 4, section 27, subdivision 2, is amended to read:
Subd. 2. [HEALTH AND SAFETY AID.] For health and safety
aid according to Minnesota Statutes, section 123B.57,
subdivision 5:
$14,980,000 $13,630,000 ..... 2002
$14,550,000 $10,800,000 ..... 2003
The 2002 appropriation includes $1,480,000 for 2001 and
$13,500,000 $12,150,000 for 2002.
The 2003 appropriation includes $1,500,000 $1,350,000 for
2002 and $13,050,000 $9,450,000 for 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 19. Laws 2001, First Special Session chapter 6,
article 4, section 27, subdivision 3, is amended to read:
Subd. 3. [DEBT SERVICE AID.] For debt service aid
according to Minnesota Statutes, section 123B.53, subdivision 6:
$25,989,000 $25,987,000 ..... 2002
$35,523,000 $31,892,000 ..... 2003
The 2002 appropriation includes $2,890,000 for 2001 and
$23,099,000 $23,097,000 for 2002.
The 2003 appropriation includes $2,567,000 $2,566,000 for
2002 and $32,956,000 $29,326,000 for 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 20. Laws 2001, First Special Session chapter 6,
article 4, section 27, subdivision 5, is amended to read:
Subd. 5. [ALTERNATIVE FACILITIES BONDING AID.] For
alternative facilities bonding aid, according to Minnesota
Statutes, section 123B.59, subdivision 1:
$19,279,000 $19,280,000 ..... 2002
$19,287,000 ..... 2003
The 2002 appropriation includes $1,921,000 for 2001 and
$17,358,000 $17,359,000 for 2002.
The 2003 appropriation includes $1,929,000 $1,928,000 for
2002 and $17,358,000 $17,359,000 for 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 21. Laws 2001, First Special Session chapter 6,
article 4, section 27, subdivision 6, is amended to read:
Subd. 6. [TELECOMMUNICATION ACCESS COST REVENUE.] For
telecommunication access cost revenue under Minnesota Statutes,
section 125B.25:
$15,387,000 $14,800,000 ..... 2002
$ 1,565,000 $ 1,500,000 ..... 2003
The 2002 appropriation includes $1,300,000 for 2001 and
$14,087,000 $13,500,000 for 2002.
The 2003 appropriation includes $1,565,000 $1,500,000 for
2002 and $0 for 2003.
If the appropriation amount is insufficient, the
commissioner shall reduce the reimbursement rate in Minnesota
Statutes, section 125B.25, subdivisions 5 and 6, and the revenue
for the 2001-2002 school year shall be prorated. The
reimbursement rate shall not exceed 100 percent.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 22. Laws 2001, First Special Session chapter 6,
article 5, section 13, subdivision 2, is amended to read:
Subd. 2. [SCHOOL LUNCH.] (a) For school lunch aid
according to Minnesota Statutes, section 124D.111, and Code of
Federal Regulations, title 7, section 210.17, and for school
milk aid according to Minnesota Statutes, section 124D.118:
$8,710,000 ..... 2002
$8,950,000 $8,500,000 ..... 2003
(b) Not more than $800,000 of the amount appropriated each
year may be used for school milk aid.
Sec. 23. Laws 2001, First Special Session chapter 6,
article 5, section 13, subdivision 5, is amended to read:
Subd. 5. [FAST BREAK TO LEARNING GRANTS.] For fast break
to learning grants under Minnesota Statutes, section 124D.1156:
$2,446,000 ..... 2002
$2,839,000 ..... 2003
The 2002 appropriation includes $0 for 2001 and $2,446,000
for 2002.
The 2003 appropriation includes $272,000 $271,000 for 2002
and $2,567,000 $2,568,000 for 2003.
ARTICLE 5
HIGHER EDUCATION
Section 1. [HIGHER EDUCATION APPROPRIATIONS.]
The dollar amounts in the columns marked "APPROPRIATIONS"
are added to or, if shown in parentheses, are subtracted from
the appropriations in Laws 2001, First Special Session chapter
1, or other law to the specified agencies. The appropriations
are from the general fund or any other named fund and are
available for the fiscal years indicated for each purpose. The
figure 2002 or 2003 means that the addition to or subtraction
from the appropriations listed under the figure are for the
fiscal year ending June 30, 2002, or June 30, 2003,
respectively. If only one figure is shown in the text for a
specified purpose, the addition or subtraction is for 2002
unless the context intends another fiscal year.
SUMMARY BY FUND
2002 2003 TOTAL
General $ ( 2,744,000) $ (47,256,000) $ (50,000,000)
SUMMARY BY AGENCY - ALL FUNDS
2002 2003 TOTAL
Higher Education
Services Office $ ( 2,744,000) $ ( 931,000) $ ( 3,675,000)
Board of Trustees of
the Minnesota State Colleges
and Universities $ (22,692,000) $ (22,692,000)
Board of Regents of the
University of Minnesota $ (23,633,000) $ (23,633,000)
APPROPRIATIONS
Available for the Year
Ending June 30
2002 2003
Sec. 2. HIGHER EDUCATION
SERVICES OFFICE
Subdivision 1. Total
Appropriation Changes (2,744,000) ( 931,000) ( 3,675,000)
Subd. 2. State Grants 1,460,000 2,995,000 4,455,000
Notwithstanding Laws 2001, First
Special Session chapter 1, article 1,
section 2, subdivision 2, savings in
the state grant program in fiscal year
2003 resulting from any increase in the
maximum federal grant over $3,750 or
from any other source, after use to
provide additional decreases in the
family responsibility for independent
students as provided by law, shall
remain in the state grant program.
A reduction of $75,000 each year is
made to appropriations for the summer
scholarship program. A reduction of
$125,000 each year is made to
appropriations for the national service
scholars program. The appropriation
for the advanced placement scholarship
is reduced by $75,000 in fiscal year
2003.
Subd. 3. Interstate Tuition
Reciprocity (1,500,000) (1,000,000) (2,500,000)
Subd. 4. MnLink ( 822,000) -0- ( 822,000)
For fiscal year 2002, $822,000 of the
remaining appropriation in Laws 1997,
chapter 183, article 1, section 2,
subdivision 8, cancels to the general
fund.
Subd. 5. Minitex ( 382,000) ( 737,000) (1,119,000)
Subd. 6. Learning
Network of Minnesota ( 270,000) ( 900,000) (1,170,000)
Subd. 7. Minnesota College
Savings Plan (1,100,000) ( 900,000) (2,000,000)
Beginning in fiscal year 2004, the base
appropriation for this program is
$1,520,000 each year.
Subd. 8. Agency
Administration -0- ( 389,000) ( 389,000)
Notwithstanding Laws 2001, First
Special Session chapter 1, article 1,
section 2, subdivision 9, remaining
appropriations after final payments to
Youthworks grantees in an amount
estimated to be $130,000 cancels to the
general fund.
Sec. 3. BOARD OF TRUSTEES OF THE
MINNESOTA STATE COLLEGES AND UNIVERSITIES
Total Appropriation Changes (22,692,000) (22,692,000)
For fiscal years 2004 and 2005, the
base appropriation is reduced an
additional $1,786,000 each year.
The legislature intends that the board
of trustees should minimize the impact
of reductions in this section on
students by decreasing administrative
expenditures and reserve balances and
through programmatic restructuring
before increasing student tuition.
Sec. 4. BOARD OF REGENTS OF
THE UNIVERSITY OF MINNESOTA
Total Appropriation Changes (23,633,000) (23,633,000)
For fiscal years 2004 and 2005, the
base appropriation is reduced an
additional $1,858,000 each year.
The legislature intends that the board
of regents should minimize the impact
of reductions in this section on
students by decreasing administrative
expenditures and reserve balances and
through programmatic restructuring
before increasing student tuition.
Reductions under this section may be
made to general fund appropriations in
Laws 2001, First Special Session
chapter 1, article 1, section 4, except
for appropriations to the agricultural
and extension service under Laws 2001,
First Special Session chapter 1,
article 1, section 4, subdivision 4,
paragraph (a).
Sec. 5. Minnesota Statutes 2001 Supplement, section
136A.121, subdivision 6, is amended to read:
Subd. 6. [COST OF ATTENDANCE.] (a) The recognized cost of
attendance consists of allowances specified in law for living
and miscellaneous expenses, and
(1) for public institutions, the actual tuition and fees
charged by the institution; or
(2) for private institutions, an allowance for tuition and
fees equal to the lesser of the actual tuition and fees charged
by the institution, or the private institution tuition and fee
maximums established in law.
(b) For the purpose of paragraph (a), clause (2), the
private institution tuition and fee maximum for two- and
four-year, private, residential, liberal arts, degree-granting
colleges and universities must be the same.
(c) For a student registering for less than full time, the
office shall prorate the living and miscellaneous expense
allowance to the actual number of credits for which the student
is enrolled.
The recognized cost of attendance for a student who is
confined to a Minnesota correctional institution shall consist
of the tuition and fee component in paragraph (a), clause (1) or
(2), with no allowance for living and miscellaneous expenses.
[EFFECTIVE DATE.] This section is effective July 1, 2002.
Sec. 6. Minnesota Statutes 2001 Supplement, section
136A.124, subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] A grant must be awarded to a
student scoring an average of three or higher on five or more
advanced placement examinations on full-year courses or an
average of four or higher on five or more international
baccalaureate examinations on full-year courses. Two half-year
courses may be considered as one full-year course. The annual
amount of each grant must be based on the student's scores on
the examinations and the funds available under this section.
A grant under this subdivision must not affect a
recipient's eligibility for a state grant under section 136A.121.
Sec. 7. Minnesota Statutes 2001 Supplement, section
136A.124, subdivision 4, is amended to read:
Subd. 4. [ELIGIBLE INSTITUTION.] An "eligible institution"
under this section is a public or private four-year
degree-granting college or university or a two-year public
college in Minnesota that has a credit and placement policy for
either advanced placement or international baccalaureate
scholarship recipients, or both. Each eligible institution must
annually certify its policies to the office commissioner of
children, families, and learning. The office commissioner of
children, families, and learning must provide each Minnesota
secondary school with a copy of the post-secondary advanced
placement and international baccalaureate policies of eligible
institutions.
Sec. 8. Minnesota Statutes 2001 Supplement, section
136G.03, subdivision 25, is amended to read:
Subd. 25. [PENALTY.] "Penalty" means the amount
established by the office that is applied against the earnings
portion of a nonqualified distribution. The amount established
by the office must be the minimum required to be a more than de
minimis penalty under section 529 of the Internal Revenue Code.
The office must impose, collect, and apply penalties consistent
with section 529 of the Internal Revenue Code.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 9. Minnesota Statutes 2001 Supplement, section
136G.07, subdivision 1, is amended to read:
Subdivision 1. [STATE BOARD TO INVEST.] The state board of
investment shall invest the money deposited in accounts in the
plan and all investments are directed by the board. Except as
permitted by the Internal Revenue Code, neither persons making
contributions to an account nor beneficiaries may direct the
investment of contributions to the plan or plan earnings.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 10. Minnesota Statutes 2001 Supplement, section
136G.09, subdivision 8, is amended to read:
Subd. 8. [MAXIMUM ACCOUNT BALANCE LIMIT.] (a) When a
contribution is made, the total account balance of all accounts
held for the same beneficiary, including matching grant
accounts, must not exceed the maximum account balance limit as
determined under this subdivision.
(b) The maximum account balance limit is reduced for
withdrawals from any account for the same beneficiary that are
qualified distributions, distributions due to the death or
disability of the beneficiary, or distributions due to the
beneficiary receiving a scholarship. Subsequent contributions
must not be made to replenish an account if the contribution
results in the total account balance of all accounts held for
the beneficiary to exceed the reduced maximum account balance
limit. Any subsequent contributions must be rejected. A
subsequent contribution accepted in error must be returned to
the account owner plus any earnings on the contribution less any
applicable penalties.
(c) The maximum account balance limit is not reduced for a
nonqualified distribution or a rollover distribution. When such
distributions are taken, subsequent contributions may be made to
replenish an account up to the maximum account balance limit.
(d) The office must establish a maximum account balance
limit. The maximum account balance limit is four times the cost
of one year of qualified higher education expenses at the most
expensive eligible educational institution in Minnesota. The
office must adjust the maximum account balance limit, as
necessary, or on January 1 of each year. Qualified higher
education expenses for the academic year prior to January 1 of
each year must be used in calculating the maximum account
balance limit. The maximum account balance limit must not
exceed the amount permitted for the plan to qualify as a
qualified state tuition program under section 529 of the
Internal Revenue Code. For calendar years 2002 and 2003, the
maximum account balance is $235,000.
(e) If the total account balance of all accounts held for a
single beneficiary reaches the maximum account balance limit
prior to the end of that calendar year, the beneficiary may
receive an applicable matching grant for that calendar year.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 11. [REPEALER.]
Laws 1997, chapter 183, article 2, section 19, is repealed.
ARTICLE 6
CORRECTIONS
Section 1. [APPROPRIATIONS/REDUCTIONS.]
The dollar amounts in the columns under "APPROPRIATIONS"
are added to or, if shown in parentheses, are subtracted from
the appropriations in Laws 2001, First Special Session chapters
8, 9, or other law to the specified agencies. The
appropriations are from the general fund or other named fund and
are available for the fiscal years indicated for each purpose.
The figure "2002" or "2003" means that the addition to or
subtraction from the appropriations listed under the figure are
for the fiscal year ending June 30, 2002, or June 30, 2003,
respectively.
2002 2003
APPROPRIATION REDUCTIONS (5,165,000) (11,489,000)
APPROPRIATIONS
2002 2003
Sec. 2. BOARD OF PUBLIC
DEFENSE -0- (1,153,000)
Sec. 3. CORRECTIONS
Subdivision 1. Total
Appropriation Changes (5,165,000) (10,113,000)
Subd. 2. Adult Institutions (5,200,000) (1,750,000)
The base for fiscal year 2004 shall be
reduced by $8,145,000, and for fiscal
year 2005 by $8,145,000. The
commissioner of corrections shall
develop an agencywide spending plan for
the 2004-2005 biennium and report to
the chairs and ranking minority members
of the house and senate committees with
jurisdiction over criminal justice
policy and funding on its
recommendations by January 15, 2003.
Subd. 3. Juvenile Services -0- (115,000)
Subd. 4. Community Services 35,000 (7,948,000)
[CLEARWATER COUNTY PROBATION SERVICES.]
$35,000 the first year and $74,000 the
second year are for an increase to
probation services provided to
Clearwater county. It is anticipated
that the county will reimburse the
state for these costs and that these
proceeds will be deposited in the
general fund.
[JUVENILE RESIDENTIAL TREATMENT
GRANTS.] $5,000,000 the second year is
to reduce juvenile residential
treatment grants.
[EXTENDED JUVENILE JURISDICTION
REIMBURSEMENT.] $1,200,000 the second
year is to reduce extended juvenile
jurisdiction reimbursement grants.
[PRETRIAL BAIL EVALUATION
REIMBURSEMENT.] $322,000 the second
year is to eliminate pretrial bail
evaluation reimbursement.
[COMMUNITY REENTRY PROGRAM.] $200,000
the second year is to eliminate the
community reentry program.
[PROBATION SERVICES.] $800,000 the
second year is to reduce the Community
Corrections Act subsidy funding.
$80,000 the second year is to reduce
county probation officer
reimbursement. $320,000 the second
year is to reduce probation and
supervised release services provided by
the department. These are onetime
reductions.
$100,000 the second year is to reduce
funding for the remote electronic
alcohol monitoring project.
Subd. 5. Management Services (300,000)
Sec. 4. OMBUDSMAN FOR CORRECTIONS -0- (168,000)
Sec. 5. SENTENCING GUIDELINES
COMMISSION -0- (55,000)
The base for fiscal year 2004 shall be
reduced by $60,000 and for fiscal year
2005 by $60,000.
Sec. 6. ADMINISTRATION
[ISSUANCE OF REQUEST FOR PROPOSALS;
FELONY-LEVEL DWI OFFENDERS.](a) The
commissioner of administration shall
issue a request for proposals by March
1, 2004, and shall select a vendor by
July 1, 2004, to provide housing and
chemical dependency treatment for
felony-level driving while impaired
offenders.
(b) In establishing the criteria a
vendor must meet and in specifying
preferences for vendors to meet, the
commissioner of administration shall
consult with the executive director of
the sentencing guidelines commission,
the commissioner of corrections, and
the commissioner of human services, as
appropriate. The commissioner of
administration shall consider the
following factors in issuing the
request for proposals:
(1) the level of security required for
housing felony-level DWI offenders
based upon the offense pattern of
current repeat DWI offenders;
(2) the type and length of chemical
dependency treatment and aftercare
needed for felony-level DWI offenders;
(3) the area of the state from which
offenders will come based upon the
offense pattern of current DWI
offenders;
(4) other treatment and rehabilitation
programs appropriate for offenders in a
detention facility focused on housing
felony-level DWI offenders; and
(5) other factors deemed appropriate
for consideration by the commissioner
of administration, corrections, or
human services, or by the executive
director of the sentencing guidelines
commission.
(c) The department of corrections shall
respond to the request for proposals.
Sec. 7. Minnesota Statutes 2000, section 120A.34, is
amended to read:
120A.34 [VIOLATIONS; PENALTIES.]
Any person who fails or refuses to provide for instruction
of a child of whom the person has legal custody, and who is
required by section 120A.22, subdivision 5, to receive
instruction, when notified so to do by a truant officer or other
official, or any person who induces or attempts to induce any
child unlawfully to be absent from school, or who knowingly
harbors or employs, while school is in session, any child
unlawfully absent from school, shall be guilty of a petty
misdemeanor. Any fines collected shall be paid into the county
treasury for the benefit of the school district in which the
offense is committed.
Sec. 8. Minnesota Statutes 2001 Supplement, section
242.192, is amended to read:
242.192 [CHARGES TO COUNTIES.]
(a) Until June 30, 2002, The commissioner shall charge
counties or other appropriate jurisdictions 65 percent of the
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 determine 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, 2002, the department of corrections
shall be responsible for 35 percent of the per diem cost of
confinement described in this section.
Sec. 9. Minnesota Statutes 2001 Supplement, section
244.054, subdivision 2, is amended to read:
Subd. 2. [CONTENT OF PLAN.] If an offender chooses to have
a discharge plan developed, the commissioner of human services
shall develop and implement a discharge plan, which must include
at least the following:
(1) at least 90 days before the offender is due to be
discharged, the commissioner of human services shall designate
an agent of the department of human services with mental health
training to serve as the primary person responsible for carrying
out discharge planning activities;
(2) at least 75 days before the offender is due to be
discharged, the offender's designated agent shall:
(i) obtain informed consent and releases of information
from the offender that are needed for transition services;
(ii) contact the county human services department in the
community where the offender expects to reside following
discharge, and inform the department of the offender's impending
discharge and the planned date of the offender's return to the
community; determine whether the county or a designated
contracted provider will provide case management services to the
offender; refer the offender to the case management services
provider; and confirm that the case management services provider
will have opened the offender's case prior to the offender's
discharge; and
(iii) refer the offender to appropriate staff in the county
human services department in the community where the offender
expects to reside following discharge, for enrollment of the
offender if eligible in medical assistance or general assistance
medical care, using special procedures established by process
and department of human services bulletin;
(3) at least 2-1/2 months before discharge, the offender's
designated agent shall secure timely appointments for the
offender with a psychiatrist no later than 30 days following
discharge, and with other program staff at a community mental
health provider that is able to serve former offenders with
serious and persistent mental illness;
(4) at least 30 days before discharge, the offender's
designated agent shall convene a predischarge assessment and
planning meeting of key staff from the programs in which the
offender has participated while in the correctional facility,
the offender, and the supervising agent, and the mental health
case management services provider assigned to the offender. At
the meeting, attendees shall provide background information and
continuing care recommendations for the offender, including
information on the offender's risk for relapse; current
medications, including dosage and frequency; therapy and
behavioral goals; diagnostic and assessment information,
including results of a chemical dependency evaluation;
confirmation of appointments with a psychiatrist and other
program staff in the community; a relapse prevention plan;
continuing care needs; needs for housing, employment, and
finance support and assistance; and recommendations for
successful community integration, including chemical dependency
treatment or support if chemical dependency is a risk factor.
Immediately following this meeting, the offender's designated
agent shall summarize this background information and continuing
care recommendations in a written report;
(5) immediately following the predischarge assessment and
planning meeting, the provider of mental health case management
services who will serve the offender following discharge shall
offer to make arrangements and referrals for housing, financial
support, benefits assistance, employment counseling, and other
services required in sections 245.461 to 245.486;
(6) at least ten days before the offender's first scheduled
postdischarge appointment with a mental health provider, the
offender's designated agent shall transfer the following records
to the offender's case management services provider and
psychiatrist: the predischarge assessment and planning report,
medical records, and pharmacy records. These records may be
transferred only if the offender provides informed consent for
their release;
(7) upon discharge, the offender's designated agent shall
ensure that the offender leaves the correctional facility with
at least a ten-day supply of all necessary medications; and
(8) upon discharge, the prescribing authority at the
offender's correctional facility shall telephone in
prescriptions for all necessary medications to a pharmacy in the
community where the offender plans to reside. The prescriptions
must provide at least a 30-day supply of all necessary
medications, and must be able to be refilled once for one
additional 30-day supply.
Sec. 10. Minnesota Statutes 2001 Supplement, section
260B.007, subdivision 16, is amended to read:
Subd. 16. [JUVENILE PETTY OFFENDER; JUVENILE PETTY
OFFENSE.] (a) "Juvenile petty offense" includes a juvenile
alcohol offense, a juvenile controlled substance offense, a
violation of section 609.685, or a violation of a local
ordinance, which by its terms prohibits conduct by a child under
the age of 18 years which would be lawful conduct if committed
by an adult. "Juvenile petty offense" also includes a habitual
truant, as defined in section 260C.007, subdivision 19, unless a
petition brought under chapter 260C states that an out-of-home
placement is sought for the child.
(b) Except as otherwise provided in paragraph (c),
"juvenile petty offense" also includes an offense that would be
a misdemeanor if committed by an adult.
(c) "Juvenile petty offense" does not include any of the
following:
(1) a misdemeanor-level violation of section 518B.01,
588.20, 609.224, 609.2242, 609.324, 609.563, 609.576, 609.66,
609.746, 609.748, 609.79, or 617.23;
(2) a major traffic offense or an adult court traffic
offense, as described in section 260B.225;
(3) a misdemeanor-level offense committed by a child whom
the juvenile court previously has found to have committed a
misdemeanor, gross misdemeanor, or felony offense; or
(4) a misdemeanor-level offense committed by a child whom
the juvenile court has found to have committed a
misdemeanor-level juvenile petty offense on two or more prior
occasions, unless the county attorney designates the child on
the petition as a juvenile petty offender notwithstanding this
prior record. As used in this clause, "misdemeanor-level
juvenile petty offense" includes a misdemeanor-level offense
that would have been a juvenile petty offense if it had been
committed on or after July 1, 1995.
(d) A child who commits a juvenile petty offense is a
"juvenile petty offender."
Sec. 11. Minnesota Statutes 2001 Supplement, section
260C.141, subdivision 3, is amended to read:
Subd. 3. [CHILD IN NEED OF PROTECTION OR SERVICES;
HABITUAL TRUANT.] (a) If there is a school attendance review
board or county attorney mediation program operating in the
child's school district, a petition alleging that a child is in
need of protection or services as a habitual truant under
section 260C.007, subdivision 6, clause (14), may not be filed
until the applicable procedures under section 260A.06 or 260A.07
have been followed.
(b) A petition alleging that a child is in need of
protection or services as a habitual truant under section
260C.007, subdivision 6, clause (14), must give notice that the
petitioner is seeking an out-of-home placement of the child. If
the petition does not state that an out-of-home placement is
sought for the child, the matter must proceed as a juvenile
petty offense action under chapter 260B.
Sec. 12. Minnesota Statutes 2000, section 260C.163,
subdivision 3, is amended to read:
Subd. 3. [APPOINTMENT OF COUNSEL.] (a) The child, parent,
guardian or custodian has the right to effective assistance of
counsel in connection with a proceeding in juvenile court.
(b) If they desire counsel but are unable to employ it, the
court shall appoint counsel to represent the child who is ten
years of age or older or the parents or guardian in any case in
which it feels that such an appointment is appropriate.
(c) Counsel for the child shall not also act as the child's
guardian ad litem.
(d) In any proceeding where the subject of a petition for a
child in need of protection or services is not represented by an
attorney, the court shall determine the child's preferences
regarding the proceedings, if the child is of suitable age to
express a preference.
(e) A child, parent, guardian, or custodian is not entitled
to counsel at public expense in a case involving a child alleged
to be in need of protection or services as a habitual truant
under section 260C.007, subdivision 6, clause (14), unless the
petition states that an out-of-home placement is sought for the
child.
Sec. 13. Minnesota Statutes 2000, section 611.17, is
amended to read:
611.17 [FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT.]
(a) Each judicial district must screen requests under
paragraph (b).
(b) Upon a request for the appointment of counsel, the
court shall make appropriate inquiry into the financial
circumstances of the applicant, who shall submit a financial
statement under oath or affirmation setting forth the
applicant's assets and liabilities, including the value of any
real property owned by the applicant, whether homestead or
otherwise, less the amount of any encumbrances on the real
property, the source or sources of income, and any other
information required by the court. The applicant shall be under
a continuing duty while represented by a public defender to
disclose any changes in the applicant's financial circumstances
that might be relevant to the applicant's eligibility for a
public defender. The state public defender shall furnish
appropriate forms for the financial statements. The forms must
contain conspicuous notice of the applicant's continuing duty to
disclose to the court changes in the applicant's financial
circumstances. The information contained in the statement shall
be confidential and for the exclusive use of the court and the
public defender appointed by the court to represent the
applicant except for any prosecution under section 609.48. A
refusal to execute the financial statement or produce financial
records constitutes a waiver of the right to the appointment of
a public defender.
(c) Upon disposition of the case, an individual who has
received public defender services shall pay to the court a $28
co-payment for representation provided by a public defender,
unless the co-payment is, or has been, waived by the court. The
co-payment shall be deposited in the state general fund. If a
term of probation is imposed as a part of an offender's
sentence, the co-payment required by this section must not be
made a condition of probation. The co-payment required by this
section is a civil obligation and must not be made a condition
of a criminal sentence.
Sec. 14. Laws 2001, First Special Session chapter 8,
article 11, section 14, is amended to read:
Sec. 14. [FELONY DWI STUDY.]
By January 15, 2004, and each year thereafter through
January 15, 2007, the commissioner of corrections must report to
the chairs and ranking minority members of the house and senate
committees having jurisdiction over criminal justice and
judiciary finance issues on the implementation and effects of
the felony level driving while impaired offense. The report
must include the following information on felony level driving
while impaired offenses:
(1) the number of persons convicted;
(2) the month and county of conviction;
(3) the offenders' ages and gender;
(4) the offenders' prior impaired driving histories and
prior criminal histories;
(5) the number of trials taken to verdict, separating out
cases tried to a judge versus cases tried to a jury, and the
number of convictions for each;
(3) (6) the number of offenders incarcerated locally and
the term of incarceration;
(4) (7) the number placed on probation and the length of
the probation;
(5) (8) the number for whom probation is revoked, the
reasons for revocation, and the consequences imposed;
(6) (9) the number given an executed prison sentence upon
conviction and the length of the sentence;
(7) (10) the number given an executed prison sentence upon
revocation of probation and the length of sentence;
(8) (11) the number who successfully complete treatment in
prison;
(9) (12) the number placed on intensive supervision
following release from incarceration;
(10) (13) the number who violate supervised release and the
consequences imposed; and
(11) (14) per diem costs, including treatment costs, for
offenders incarcerated under the felony sentence provisions; and
(15) any other information the commissioner deems relevant
to estimating future costs.
The commissioner of corrections shall share preliminary
information with the commissioner of administration for the
purpose of issuance of a request for proposals under section 6.
Sec. 15. [COLLABORATIVE CASE PLANNING FOR CERTAIN MENTALLY
ILL PERSONS UNDER CORRECTIONAL SUPERVISION; POLICIES AND
PRACTICES; REPORTS REQUIRED.]
Subdivision 1. [DEVELOPMENT OF POLICIES AND
PRACTICES.] Correctional and social services agencies in each
county that delivers direct case management services shall
develop policies and practices that maximize collaborative case
planning for adult and juvenile offenders under correctional
supervision who have been diagnosed with serious and persistent
mental illness or severe emotional disturbance. To the degree
resources are available, the policies and practices must
determine how to:
(1) ensure that the offender receives the best possible
mental health case management expertise;
(2) determine which case management model best delivers
case management services;
(3) maximize the efficiency of case management services;
and
(4) maximize the recoupment of federal financial
participation of medical assistance and other forms of funding.
Subd. 2. [REPORTS REQUIRED.] By December 31, 2002, the
agencies described in subdivision 1 shall submit a report on
their mental health correctional policies and practices to the
department of corrections. By March 1, 2003, the commissioner
of corrections shall submit a statewide report on the mental
health correctional policies and practices to the chairs and
ranking minority members of the senate and house of
representatives committees and divisions with jurisdiction over
mental health and corrections policy and funding.
Sec. 16. [DATA SHARING ON CERTAIN MENTALLY ILL PERSONS
UNDER CORRECTIONAL SUPERVISION.]
Notwithstanding any other law to the contrary, correctional
and social services agencies may share data on adult and
juvenile offenders under correctional supervision who have been
diagnosed with serious and persistent mental illness or severe
emotional disturbance for the purpose of engaging in
collaborative case planning as described in section 15.
ARTICLE 7
PUBLIC SAFETY AND TRANSPORTATION AND
OTHER AGENCY APPROPRIATIONS
Section 1. [TRANSPORTATION AND OTHER AGENCY APPROPRIATIONS.]
The dollar amounts in the columns marked "APPROPRIATIONS"
are added to or, if shown in parentheses, are subtracted from
the appropriations in Laws 2001, First Special Session chapters
8, 9, or other law to the specified agencies. The
appropriations are from the general fund or any other named fund
and are available for the fiscal years indicated for each
purpose. The figure 2002 or 2003 means that the addition to or
subtraction from the appropriations listed under the figure are
for the fiscal year ending June 30, 2002, or June 30, 2003,
respectively. If only one figure is shown in the text for a
specified purpose, the addition or subtraction is for 2002
unless the context intends another fiscal year.
SUMMARY BY FUND
2002 2003 TOTAL
APPROPRIATIONS
General $ (2,018,000) $ (6,932,000) $ (8,950,000)
TRANSFERS IN (2,705,000) (1,996,000) (4,701,000)
Sec. 2. TRANSPORTATION
Subdivision 1. Total Appropriation
Changes -0- (510,000)
Subd. 2. Aeronautics -0- (50,000)
This reduction is from the
appropriation from the general fund for
air transportation services. This
reduction reduces the agency's budget
base by $50,000.
Subd. 3. Transit -0- (400,000)
This reduction is from the
appropriation from the general fund for
transit administration. This reduction
reduces the agency's budget base by
$400,000.
Subd. 4. Railroads and
Waterways -0- (60,000)
This reduction is from the
appropriation from the general fund and
reduces the agency's budget base by
$60,000.
Sec. 3. METROPOLITAN COUNCIL
Metropolitan Council
Transit -0- (2,715,000)
Of these reductions:
(1) $600,000 the second year is from
metro transit administration. This
reduction reduces the agency's budget
base by $600,000;
(2) $100,000 the second year is from
metropolitan transportation services
other than metro transit. This reduces
the agency's budget base by $100,000;
and
(3) $2,015,000 the second year is from
metropolitan council transit operations
other than metro mobility.
The council shall first seek to achieve
this reduction by:
(a) increasing operating revenue; or
(b) reducing operating expenses by
reducing or eliminating service on
routes with a fare box recovery of less
than ten percent, or reducing nonpeak
service.
This reduction reduces the agency's
budget base by $2,015,000.
Sec. 4. PUBLIC SAFETY
Subdivision 1. Total Appropriation
Changes (2,018,000) (3,296,000)
Subd. 2. Emergency Management -0- (200,000)
For emergency management, the base for
fiscal year 2004 shall be reduced by
$3,627,000 and for fiscal year 2005 by
$3,627,000.
Subd. 3. Fire Marshal -0- (84,000)
Subd. 4. Alcohol and Gambling
Enforcement -0- (84,000)
[BACKGROUND CHECK FEE.] The fee charged
by the alcohol and gambling division to
Indian tribal governments for
investigations and background checks
under Minnesota Statutes, section
3.9221, is increased from $8 to $15,
effective July 1, 2002.
[BACKGROUND CHECK FEE.] The fee charged
by the alcohol and gambling division to
manufacturers and distributors of
gambling devices for background checks
under Minnesota Statutes, section
299L.07, subdivision 5, is increased
from $8 to $15, effective July 1, 2002.
Subd. 5. Crime Victims
Services Center (384,000) (1,368,000)
[SHELTER PER DIEMS.] $600,000 the
second year is a reduction in per diem
funding for shelters. The base for the
crime victim services center shall be
reduced by $600,000 in fiscal year 2004
and $600,000 in fiscal year 2005 to
reflect reduced funding for shelters.
[CRIME VICTIMS SERVICES STAFF AND
GRANTS.] $384,000 the first year and
$768,000 the second year are reductions
for crime victims services staff and
grants. For crime victims services
grants, the base for fiscal year 2004
shall be reduced by $2,000,000 and for
fiscal year 2005 by $2,000,000.
Subd. 6. Law Enforcement
and Community Grants (1,634,000) (685,000)
[DRUG POLICY AND VIOLENCE PREVENTION
GRANTS.] $1,292,000 the first year and
$142,000 the second year are to reduce
drug policy and violence prevention
grants. The base for law enforcement
and community grants shall be reduced
by $243,000 in fiscal year 2004 and
$243,000 in fiscal year 2005 to reflect
reduced funding for drug policy and
violence prevention grants.
[MODEL POLICING; MENTAL ILLNESS CALLS.]
$150,000 the first year is to eliminate
the onetime appropriation for the model
policing program mental illness calls.
[CAMP RIPLEY WEEKEND CAMP.] $175,000
the second year is to eliminate the
Camp Ripley weekend camp.
[VIOLENCE PREVENTION COUNCIL.] $75,000
the first year and $75,000 the second
year are to eliminate grants to the
violence prevention council.
[GANG STRIKE FORCE.] $117,000 the first
year and $117,000 the second year are
to reduce the appropriation for gang
strike force grants. The base for this
program shall be $1,515,000 for the
fiscal year beginning July 1, 2003.
[STAFF SAVINGS.] $176,000 the second
year is to reduce staff. The base for
the office of drug policy and violence
prevention shall be reduced by $176,000
in fiscal year 2004 and $176,000 in
fiscal year 2005 to reflect decreased
funding for staff.
[AUTOMOBILE THEFT PREVENTION ACCOUNT.]
By June 30, 2002, 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 estimated to be $1,317,000.
Minnesota Statutes, section 168A.40,
subdivision 4, does not apply to money
transferred to the general fund under
this paragraph.
The commissioner may not reduce the
current allocation of federal Byrne
grant funds for the youth experiencing
alternatives (YEA)/Camp Ripley programs.
Subd. 7. State Patrol -
Capitol Security -0- (175,000)
This amount reduces the cost of
executive protection and reduces the
agency's budget base for executive
protection.
Subd. 8. Administration
and Related Services -0- (500,000)
This reduction is from the amount
appropriated from the general fund for
transfer by the commissioner of finance
to the trunk highway fund on December
31, 2002. This reduction reduces the
agency's budget base by $500,000.
Subd. 9. Driver and
Vehicle Services -0- (200,000)
The commissioner shall not achieve this
reduction by reducing the number of
driver license examining stations in
greater Minnesota below the number open
on April 1, 2002. This reduction
reduces the agency's budget base by
$200,000.
Sec. 5. CRIME VICTIM OMBUDSMAN -0- (411,000)
Sec. 6. Minnesota Statutes 2000, section 13.871,
subdivision 5, is amended to read:
Subd. 5. [CRIME VICTIMS.] (a) [CRIME VICTIM NOTICE OF
RELEASE.] Data on crime victims who request notice of an
offender's release are classified under section 611A.06.
(b) [SEX OFFENDER HIV TESTS.] Results of HIV tests of sex
offenders under section 611A.19, subdivision 2, are classified
under that section.
(c) [BATTERED WOMEN.] Data on battered women maintained by
grantees for emergency shelter and support services for battered
women are governed by section 611A.32, subdivision 5.
(d) [VICTIMS OF DOMESTIC ABUSE.] Data on battered women and
victims of domestic abuse maintained by grantees and recipients
of per diem payments for emergency shelter for battered women
and support services for battered women and victims of domestic
abuse are governed by sections 611A.32, subdivision 5, and
611A.371, subdivision 3.
(e) [CRIME VICTIM CLAIMS FOR REPARATIONS.] Claims and
supporting documents filed by crime victims seeking reparations
are classified under section 611A.57, subdivision 6.
(f) [CRIME VICTIM OMBUDSMAN OVERSIGHT ACT.] Data
maintained by the crime victim ombudsman commissioner of public
safety under the Crime Victim Oversight Act are classified under
section 611A.74, subdivision 2.
Sec. 7. Minnesota Statutes 2001 Supplement, section
16A.88, subdivision 1, is amended to read:
Subdivision 1. [GREATER MINNESOTA TRANSIT FUND.] The
greater Minnesota transit fund is established within the state
treasury. Money in the fund is annually appropriated to the
commissioner of transportation for assistance to transit systems
outside the metropolitan area under section 174.24. Beginning
in fiscal year 2003, the commissioner may use up to $400,000
each year for administration of the transit program.
Sec. 8. Minnesota Statutes 2000, section 135A.15,
subdivision 1, is amended to read:
Subdivision 1. [POLICY REQUIRED.] The board of trustees of
the Minnesota state colleges and universities shall, and the
University of Minnesota is requested to, adopt a clear,
understandable written policy on sexual harassment and sexual
violence that informs victims of their rights under the crime
victims bill of rights, including the right to assistance from
the crime victims reparations board and the office of the crime
victim ombudsman commissioner of public safety. The policy must
apply to students and employees and must provide information
about their rights and duties. The policy must apply to
criminal incidents occurring on property owned by the
post-secondary system or institution in which the victim is a
student or employee of that system or institution. It must
include procedures for reporting incidents of sexual harassment
or sexual violence and for disciplinary actions against
violators. During student registration, each technical college,
community college, or state university shall, and the University
of Minnesota is requested to, provide each student with
information regarding its policy. A copy of the policy also
shall be posted at appropriate locations on campus at all
times. Each private post-secondary institution that is an
eligible institution as defined in section 136A.101, subdivision
4, must adopt a policy that meets the requirements of this
section.
Sec. 9. Minnesota Statutes 2000, 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.
Of the revenue in the account, $1,300,000 each year must be
transferred to the general fund. Revenues in excess of
$1,300,000 each year may be used only for the automobile theft
prevention program described in section 299A.75.
Sec. 10. Minnesota Statutes 2001 Supplement, section
171.29, subdivision 2, is amended to read:
Subd. 2. [REINSTATEMENT FEES AND SURCHARGES, ALLOCATION.]
(a) A person whose driver's license has been revoked as provided
in subdivision 1, except under section 169A.52, 169A.54, or
609.21, shall pay a $30 fee before the driver's license is
reinstated.
(b) A person whose driver's license has been revoked as
provided in subdivision 1 under section 169A.52, 169A.54, or
609.21, shall pay a $250 fee plus a $40 surcharge before the
driver's license is reinstated. Beginning July 1, 2002, the
surcharge is $145. Beginning July 1, 2003, the surcharge is
$380. The $250 fee is to be credited as follows:
(1) Twenty percent must be credited to the trunk highway
fund.
(2) Fifty-five Sixty-seven percent must be credited to the
general fund.
(3) Eight percent must be credited to a separate account to
be known as the bureau of criminal apprehension account. Money
in this account may be appropriated to the commissioner of
public safety and the appropriated amount must be apportioned 80
percent for laboratory costs and 20 percent for carrying out the
provisions of section 299C.065.
(4) Twelve percent must be credited to a separate account
to be known as the alcohol-impaired driver education account.
Money in the account is appropriated as follows:
(i) in fiscal year 2002:
(A) the first $200,000 to the commissioner of children,
families, and learning for programs for elementary and secondary
school students; and
(B) the remainder credited to the commissioner of public
safety to be spent as grants through March 31, 2002, to the
Minnesota highway safety center at St. Cloud State University
for programs relating to alcohol and highway safety education in
elementary and secondary schools and then from April 1, 2002,
through June 30, 2002, for programs described in item (ii); and
(ii) after June 30, 2002, to the commissioner of public
safety for grants for programs relating to alcohol and highway
safety education in elementary and secondary schools.
(5) Five percent must be credited to a separate account to
be known as the traumatic brain injury and spinal cord injury
account. The money in the account is annually appropriated to
the commissioner of health to be used as follows: 35 percent
for a contract with a qualified community-based organization to
provide information, resources, and support to assist persons
with traumatic brain injury and their families to access
services, and 65 percent to maintain the traumatic brain injury
and spinal cord injury registry created in section 144.662. For
the purposes of this clause, a "qualified community-based
organization" is a private, not-for-profit organization of
consumers of traumatic brain injury services and their family
members. The organization must be registered with the United
States Internal Revenue Service under section 501(c)(3) as a
tax-exempt organization and must have as its purposes:
(i) the promotion of public, family, survivor, and
professional awareness of the incidence and consequences of
traumatic brain injury;
(ii) the provision of a network of support for persons with
traumatic brain injury, their families, and friends;
(iii) the development and support of programs and services
to prevent traumatic brain injury;
(iv) the establishment of education programs for persons
with traumatic brain injury; and
(v) the empowerment of persons with traumatic brain injury
through participation in its governance.
No patient's name, identifying information or identifiable
medical data will be disclosed to the organization without the
informed voluntary written consent of the patient or patient's
guardian, or if the patient is a minor, of the parent or
guardian of the patient.
(c) The surcharge must be credited to a separate account to
be known as the remote electronic alcohol monitoring program
account. The commissioner shall transfer the balance of this
account to the commissioner of finance on a monthly basis for
deposit in the general fund.
(d) When these fees are collected by a licensing agent,
appointed under section 171.061, a handling charge is imposed in
the amount specified under section 171.061, subdivision 4. The
reinstatement fees and surcharge must be deposited in an
approved state depository as directed under section 171.061,
subdivision 4.
Sec. 11. Minnesota Statutes 2001 Supplement, section
256.022, subdivision 1, is amended to read:
Subdivision 1. [CREATION.] The commissioner of human
services shall establish a review panel for purposes of
reviewing investigating agency determinations regarding
maltreatment of a child in a facility in response to requests
received under section 626.556, subdivision 10i, paragraph (b).
The review panel consists of the commissioners of health; human
services; children, families, and learning; public safety; and
corrections; the ombudsman for crime victims; and the ombudsman
for mental health and mental retardation; or their designees.
Sec. 12. Minnesota Statutes 2001 Supplement, section
299A.75, subdivision 1, is amended to read:
Subdivision 1. [PROGRAM DESCRIBED; COMMISSIONER'S DUTIES.]
(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:
(i) an assessment of the scope of the problem of automobile
theft, including areas of the state where the problem is
greatest;
(ii) an analysis of various methods of combating the
problem of automobile theft;
(iii) a plan for providing financial support to combat
automobile theft;
(iv) a plan for eliminating car hijacking; and
(v) an estimate of the funds required to implement the
plan; and
(5) distribute money pursuant to subdivision 3 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 and to
educate people about the common methods of automobile theft, the
models of automobiles most likely to be stolen, and the times
and places automobile theft is most likely to occur; and
(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.
(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. The commissioner is
annually appropriated and must distribute the full amount of the
proceeds credited to the automobile theft prevention special
revenue account each year, less the transfer of $1,300,000 each
year to the general fund described in section 168A.40,
subdivision 4.
Sec. 13. Minnesota Statutes 2000, section 299F.011, is
amended by adding a subdivision to read:
Subd. 7. [FEES.] A fee of $100 shall be charged by the
state fire marshal for each plan review involving:
(1) flammable liquids under Minnesota Rules, part
7510.3650;
(2) motor vehicle fuel-dispensing stations under Minnesota
Rules, part 7510.3610; or
(3) liquefied petroleum gases under Minnesota Rules, part
7510.3670.
Sec. 14. Minnesota Statutes 2000, section 299L.02,
subdivision 7, is amended to read:
Subd. 7. [REVOLVING ACCOUNT.] The director shall deposit
in a separate account in the state treasury all money received
from Indian tribal governments for charges for investigations
and background checks under compacts negotiated under section
3.9221, except for $7 from each charge that shall be deposited
in the general fund. Money in the account is appropriated to
the director for the purpose of carrying out the director's
powers and duties under those compacts.
Sec. 15. Minnesota Statutes 2000, section 299L.07,
subdivision 5, is amended to read:
Subd. 5. [INVESTIGATION.] Before a license under this
section is granted, the director may conduct a background and
financial investigation of the applicant, including the
applicant's sources of financing. The director may, or shall
when required by law, require that fingerprints be taken and the
director may forward the fingerprints to the Federal Bureau of
Investigation for a national criminal history check. The
director may charge an investigation fee to cover the cost of
the investigation. Of this fee, $7 from each charge shall be
deposited in the general fund.
Sec. 16. Minnesota Statutes 2000, section 611A.371,
subdivision 1, is amended to read:
Subdivision 1. [PURPOSE.] The purpose of the per diem
grant program is to provide reimbursement in a timely, efficient
manner to local programs for the reasonable and necessary costs
of providing battered women and their children with food,
lodging, and safety. Per diem Grant funding may not be used for
other purposes.
Sec. 17. Minnesota Statutes 2001 Supplement, section
611A.372, is amended to read:
611A.372 [DUTIES OF DIRECTOR.]
In addition to any other duties imposed by law, the
director, with the approval of the commissioner of public
safety, shall:
(1) supervise the administration of per diem grant payments
to designated shelter facilities;
(2) collect data on shelter facilities;
(3) conduct an annual evaluation of the per diem grant
program;
(4) report to the governor and the legislature on the need
for emergency secure shelter;
(5) develop an application process for shelter facilities
to follow in seeking reimbursement under the per diem grant
program; and
(6) adopt rules to implement and administer sections
611A.37 to 611A.375.
Sec. 18. Minnesota Statutes 2000, section 611A.373, is
amended to read:
611A.373 [PAYMENTS.]
Subdivision 1. [PAYMENT REQUESTS.] Payments to designated
shelter facilities must be in the form of a grant. Designated
shelter facilities may submit requests for payment monthly based
on the number of persons housed their expenses. The process for
the submission of payments and for the submission of requests
may be established by the director. Upon approval of the
request for payment by the center, payments shall be made
directly to designated shelter facilities from per diem grant
funds on behalf of women and their children who reside in the
shelter facility. Payments made to a designated shelter
facility must not exceed the annual reserve grant amount for
that facility unless approved by the director. These payments
must not affect the eligibility of individuals who reside in
shelter facilities for public assistance benefits, except when
required by federal law or regulation.
Subd. 2. [RESERVE GRANT AMOUNT.] The center shall
calculate annually the reserve the grant amount for each
designated shelter facility. This calculation may be based upon
program type, average occupancy rates, and licensed capacity
limits. The total of all reserve grant amounts shall not exceed
the legislative per diem appropriation.
Subd. 3. [ACCOUNTABILITY.] Shelter facilities must comply
with reporting requirements and any other measures imposed by
the Minnesota center for crime victim services to improve
accountability and program outcomes including, but not limited
to, information on all restricted or unrestricted fund balances.
Sec. 19. Minnesota Statutes 2000, section 611A.72, is
amended to read:
611A.72 [CITATION.]
Sections 611A.72 to 611A.74 may be cited as the "Crime
Victim Ombudsman Oversight Act."
Sec. 20. Minnesota Statutes 2000, section 611A.73,
subdivision 2, is amended to read:
Subd. 2. [APPROPRIATE AUTHORITY.] "Appropriate authority"
includes anyone who is the subject of a complaint under sections
611A.72 to 611A.74 to the crime victim ombudsman commissioner or
anyone within the agency who is in a supervisory position with
regard to one who is the subject of a complaint under sections
611A.72 to 611A.74.
Sec. 21. Minnesota Statutes 2000, section 611A.73, is
amended by adding a subdivision to read:
Subd. 6. [COMMISSIONER.] "Commissioner" means the
commissioner of public safety.
Sec. 22. Minnesota Statutes 2001 Supplement, section
611A.74, subdivision 1, is amended to read:
Subdivision 1. [CREATION AUTHORITY UNDER THIS ACT.] The
office of crime victim ombudsman for Minnesota is created. The
ombudsman shall be appointed by the governor, shall serve in the
unclassified service at the pleasure of the governor, and shall
be selected without regard to political affiliation. No person
may serve as ombudsman while holding any other public office.
The ombudsman is directly accountable to the governor and must
periodically report to the commissioner of public safety on the
operations and activities of the office. The ombudsman
commissioner shall have the authority under sections 611A.72 to
611A.74 to investigate decisions, acts, and other matters of the
criminal justice system so as to promote the highest attainable
standards of competence, efficiency, and justice for crime
victims in the criminal justice system.
Sec. 23. Minnesota Statutes 2000, section 611A.74,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] The crime victim ombudsman commissioner
may investigate complaints concerning possible violation of the
rights of crime victims or witnesses provided under this
chapter, the delivery of victim services by victim assistance
programs, the administration of the crime victims reparations
act, and other complaints of mistreatment by elements of the
criminal justice system or victim assistance programs. The
ombudsman commissioner shall act as a liaison, when the
ombudsman commissioner deems necessary, between agencies, either
in the criminal justice system or in victim assistance programs,
and victims and witnesses. The ombudsman commissioner may be
concerned with activities that strengthen procedures and
practices which lessen the risk that objectionable
administrative acts will occur. The ombudsman commissioner must
be made available through the use of a toll free telephone
number and shall answer questions concerning the criminal
justice system and victim services put to the ombudsman
commissioner by victims and witnesses in accordance with
the ombudsman's commissioner's knowledge of the facts or law,
unless the information is otherwise restricted. The ombudsman
commissioner shall establish a procedure for referral to the
crime victim crisis centers, the crime victims reparations
board, and other victim assistance programs when services are
requested by crime victims or deemed necessary by the ombudsman
commissioner.
The ombudsman's commissioner's files are confidential data
as defined in section 13.02, subdivision 3, during the course of
an investigation or while the files are active. Upon completion
of the investigation or when the files are placed on inactive
status, they are private data on individuals as defined in
section 13.02, subdivision 12.
Sec. 24. Minnesota Statutes 2000, section 611A.74,
subdivision 3, is amended to read:
Subd. 3. [POWERS.] The crime victim ombudsman commissioner
has those powers necessary to carry out the duties set out in
subdivision 2, including:
(a) The ombudsman commissioner may investigate, with or
without a complaint, any action of an element of the criminal
justice system or a victim assistance program included in
subdivision 2.
(b) The ombudsman commissioner may request and shall be
given access to information and assistance the ombudsman
commissioner considers necessary for the discharge of
responsibilities. The ombudsman commissioner may inspect,
examine, and be provided copies of records and documents of all
elements of the criminal justice system and victim assistance
programs. The ombudsman commissioner may request and shall be
given access to police reports pertaining to juveniles and
juvenile delinquency petitions, notwithstanding section 260B.171
or 260C.171. Any information received by the ombudsman
commissioner retains its data classification under chapter 13
while in the ombudsman's commissioner's possession. Juvenile
records obtained under this subdivision may not be released to
any person.
(c) The ombudsman commissioner may prescribe the methods by
which complaints are to be made, received, and acted upon; may
determine the scope and manner of investigations to be made; and
subject to the requirements of sections 611A.72 to 611A.74, may
determine the form, frequency, and distribution of ombudsman
commissioner conclusions, recommendations, and proposals.
(d) After completing investigation of a complaint, the
ombudsman commissioner shall inform in writing the complainant,
the investigated person or entity, and other appropriate
authorities of the action taken. If the complaint involved the
conduct of an element of the criminal justice system in relation
to a criminal or civil proceeding, the ombudsman's
commissioner's findings shall be forwarded to the court in which
the proceeding occurred.
(e) Before announcing a conclusion or recommendation that
expressly or impliedly criticizes an administrative agency or
any person, the ombudsman commissioner shall consult with that
agency or person.
Sec. 25. Minnesota Statutes 2000, section 611A.74,
subdivision 4, is amended to read:
Subd. 4. [NO COMPELLED TESTIMONY.] Neither the
ombudsman commissioner nor any member of the ombudsman's
commissioner's staff may be compelled to testify or produce
evidence in any judicial or administrative proceeding with
respect to matters involving the exercise of official
duties under sections 611A.72 to 611A.74 except as may be
necessary to enforce the provisions of this section.
Sec. 26. Minnesota Statutes 2000, section 611A.74,
subdivision 5, is amended to read:
Subd. 5. [RECOMMENDATIONS.] (a) On finding a complaint
valid after duly considering the complaint and whatever material
the ombudsman commissioner deems pertinent, the ombudsman
commissioner may recommend action to the appropriate authority.
(b) If the ombudsman commissioner makes a recommendation to
an appropriate authority for action, the authority shall, within
a reasonable time period, but not more than 30 days, inform the
ombudsman commissioner about the action taken or the reasons for
not complying with the recommendation.
(c) The ombudsman commissioner may publish conclusions and
suggestions by transmitting them to the governor, the
legislature or any of its committees, the press, and others who
may be concerned. When publishing an opinion adverse to an
administrative agency, the ombudsman commissioner shall include
any statement the administrative agency may have made to
the ombudsman commissioner by way of explaining its past
difficulties or its present rejection of the ombudsman's
commissioner's proposals.
Sec. 27. Minnesota Statutes 2000, section 611A.74,
subdivision 6, is amended to read:
Subd. 6. [REPORTS.] In addition to whatever reports
the ombudsman commissioner may make from time to time, the
ombudsman commissioner shall biennially report to the
legislature and to the governor concerning the exercise
of ombudsman the commissioner's functions under sections 611A.72
to 611A.74 during the preceding biennium. The biennial report
is due on or before the beginning of the legislative session
following the end of the biennium.
Sec. 28. Laws 2001, First Special Session chapter 8,
article 4, section 10, subdivision 1, is amended to read:
Subdivision 1. Total
Appropriation 88,001,000 84,299,000
87,851,000 84,149,000
Summary by Fund
2002 2003
General 84,919,000 81,195,000
84,769,000 81,045,000
Special Revenue 2,674,000 2,687,000
State Government
Special Revenue 7,000 7,000
Environmental 47,000 49,000
Trunk Highway 354,000 361,000
[APPROPRIATIONS FOR PROGRAMS.] The
amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
[DWI PENALTY FUNDS.] The commissioners
of public safety and transportation
must jointly report annually to the
chairs and ranking minority members of
the house of representatives and senate
committees having jurisdiction over
transportation and public safety
finance issues on the expenditure of
any federal funds available under the
repeat offender transfer program,
Public Law Number 105-206, section 164.
Sec. 29. Laws 2001, First Special Session chapter 8,
article 4, section 10, subdivision 7, is amended to read:
Subd. 7. Law Enforcement
and Community Grants
Summary by Fund
General 6,942,000 6,136,000
6,792,000 5,986,000
Special Revenue 2,130,000 2,130,000
[UNENCUMBERED BALANCES.] Any
unencumbered balances remaining in the
first year do not cancel but are
available for the second year.
[ENCUMBERED BALANCES.] Notwithstanding
Minnesota Statutes, section 16A.28,
appropriations encumbered under
contract on or before June 30 each year
are available until the following June
30.
[SPECIAL REVENUE; RACIAL PROFILING.]
The appropriation from the special
revenue account must be spent according
to article 7, section 14.
[FUNDING TO COMBAT METHAMPHETAMINE
TRAFFICKING AND PRODUCTION.] $471,000
the first year is a onetime
appropriation for grants under
Minnesota Statutes, section 299C.065,
subdivision 1, clause (1), including
grants to the bureau of criminal
apprehension for increased law
enforcement costs relating to
methamphetamine trafficking and
production. Grant recipients must be
chosen by the office of drug policy and
violence prevention after consulting
with the narcotics enforcement
coordinating committee. Grants to drug
task force agencies must be allocated
in a balanced manner among rural,
suburban, and urban agencies. Grants
may be awarded and used for the
following items relating to clandestine
methamphetamine labs:
(1) increased general law enforcement
costs;
(2) training materials and public
awareness publications;
(3) peace officer training courses,
certification, and equipment; and
(4) reimbursements to law enforcement
agencies for extraordinary or unusual
overtime and investigative expenses.
Grants must not be used for
methamphetamine lab site cleanup or
disposal of seized equipment or
chemicals. Additionally, grants must
not supplant current local spending or
other state or federal grants allocated
by the commissioner for similar
purposes.
[GANG STRIKE FORCE GRANTS.] $750,000
the first year and $750,000 the second
year are onetime appropriations for
criminal gang strike force grants under
Minnesota Statutes, section 299A.66.
The commissioner of public safety must
provide direct administrative and
fiscal oversight for all grants awarded
under Minnesota Statutes, section
299A.66.
[USE OF BYRNE GRANTS.] The commissioner
must consider using a portion of
federal Byrne grant funds for grants to:
(1) the center for reducing rural
violence;
(2) organizations or agencies that
provide gang prevention services, such
as the boys and girls club, the youth
experiencing alternatives (YEA)
program, the police athletic league,
agencies eligible for Asian-American
juvenile crime intervention and
prevention grants under Minnesota
Statutes, section 299A.2994,
subdivision 3, clause (2), or other
similar organizations; and
(3) continue funding the pilot project
to provide neighborhood-based services
to crime victims and witnesses funded
in Laws 1999, chapter 216, article 1,
section 8, subdivision 3, and described
in Laws 1999, chapter 216, article 2,
section 23.
[JOINT DOMESTIC ABUSE PROSECUTION
UNIT.] $197,000 the first year is a
onetime appropriation for a grant to
the Ramsey county attorney's office to
continue funding the joint domestic
abuse prosecution unit. This
appropriation is available until June
30, 2003.
The Ramsey county attorney's office and
the St. Paul city attorney's office
shall continue the joint domestic abuse
prosecution unit pilot project
established by the legislature under
Laws 2000, chapters 471, section 3; and
488, article 6, section 10. The
appropriation must be used to continue
the pilot project beyond its first year
of operation and allow a meaningful
evaluation that will benefit other
jurisdictions in Minnesota. 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 and a police investigator. A
victim/witness advocate, a law clerk, a
paralegal, and a secretary may provide
support.
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.
By January 15, 2002, 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 of representatives
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.
[COPS, HEAT, AND FINANCIAL CRIMES
INVESTIGATION UNIT GRANTS.] $250,000
the first year and $250,000 the second
year are onetime appropriations for
grants under either Minnesota Statutes,
section 299A.62 or 299A.68. Grants
awarded from this appropriation under
Minnesota Statutes, section 299A.62,
are for overtime for peace officers.
Of the total grants awarded from this
appropriation under Minnesota Statutes,
section 299A.62, 50 percent must go to
the St. Paul and Minneapolis police
departments and 50 percent must go to
other law enforcement agencies
statewide. Any amounts from this
appropriation awarded to the St. Paul
police department must be used to
increase the current degree of
implementation of the HEAT law
enforcement strategy. The HEAT law
enforcement strategy must be a
community-driven strategic initiative
that is used to target criminal conduct
in specific areas of St. Paul with
higher crime rates than the city
average. It must target offenders
based upon their criminal behavior and
not other factors and be planned and
implemented taking into consideration
the wishes of the targeted communities.
Grants awarded under Minnesota
Statutes, section 299A.68, may be used
to cover costs for salaries, equipment,
office space, and other necessary
services or expenses of a financial
crimes investigation task force. The
commissioner must distribute the grants
in a manner designed to be equitable to
the grantees given their contributions
to the investigation task force and to
encourage their continued participation.
Participating local units of government
must provide a 25 percent match from
nonstate funds or in-kind contributions
either directly from their budgets or
from businesses directly donating
support in order for the financial
crimes investigation task force to
obtain any grant funding under
Minnesota Statutes, section 299A.68.
This appropriation is available until
June 30, 2003.
[MODEL POLICING PROGRAM; MENTAL ILLNESS
CALLS.] $150,000 the first year is a
onetime appropriation for developing
and implementing up to four model
policing program pilot projects
required under Minnesota Statutes,
section 626.8441, subdivision 1, and to
produce required reports.
[AUTOMOBILE THEFT PREVENTION GRANTS.]
The commissioner may make grants under
Minnesota Statutes 2000, section
299A.75, to past grantees during the
time period before which the changes
made to that section in article 5,
sections 6 to 8, become operational.
[ADMINISTRATION COSTS.] Up to 2.5
percent of the grant funds appropriated
in this subdivision may be used to
administer the grant programs.
Sec. 30. Laws 2001, First Special Session chapter 8,
article 4, section 11, is amended to read:
Sec. 11. BOARD OF PEACE OFFICER
STANDARDS AND TRAINING 4,692,000 4,724,000
4,604,000 4,633,000
[PEACE OFFICER TRAINING ACCOUNT.] This
appropriation is from the peace officer
training account in the special revenue
fund. Any receipts credited to the
peace officer training account in the
special revenue fund in the first year
in excess of $4,692,000 $4,604,000 must
be transferred and credited to the
general fund. Any receipts credited to
the peace officer training account in
the special revenue fund in the second
year in excess of $4,724,000 $4,633,000
must be transferred and credited to the
general fund.
Sec. 31. [WORKING GROUP ON CRIMINAL JUSTICE SYSTEM
EFFICIENCY.]
(a) The commissioners of corrections and public safety
shall convene a working group of criminal justice professionals
to identify and study ways to make the state's criminal justice
system more efficient and effective at both the state and local
levels. The chief justice of the supreme court and state public
defender are requested to take part in this working group.
The working group may be divided into subworking groups if
doing so will assist in meeting the working group's objectives.
The working group and each subworking group shall seek input
from criminal justice practitioners and individuals working
throughout the criminal justice area. To the extent feasible
and practical, the working group shall incorporate bench marking
and best practices components in carrying out its work.
(b) The commissioners of corrections and public safety,
with the input of the chief justice of the supreme court and
state public defender, shall report to the chairs and ranking
minority members of the house and senate committees with
jurisdiction over criminal justice policy and funding on its
findings and recommendations by January 15, 2003.
Sec. 32. [FILE AND DATA TRANSFER.]
On June 30, 2002, the crime victim ombudsman shall deliver
to the commissioner of public safety all files, records, and
data under the authority or control of the ombudsman relating to
all of the activities and investigations of the office of the
crime victim ombudsman.
Sec. 33. [REPEALER.]
(a) Minnesota Statutes 2000, sections 611A.37, subdivisions
6 and 7; and 611A.375, are repealed.
(b) Minnesota Statutes 2000, section 611A.74, subdivision
1a, is repealed.
Sec. 34. [EFFECTIVE DATE.]
(a) Sections 1 to 5, 9, 12, and 30 are effective the day
following final enactment.
(b) Sections 16, 17, and 33, paragraph (a), are effective
July 1, 2003.
(c) The amendments to section 18, subdivisions 1 and 2, are
effective July 1, 2003. Section 18, subdivision 3, is effective
the day following final enactment.
ARTICLE 8
ENVIRONMENT AND NATURAL RESOURCES
Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS
AND REDUCTIONS.]
The dollar amounts in the columns under "APPROPRIATIONS"
are added to or, if shown in parentheses, are subtracted from
the appropriations in Laws 2001, First Special Session chapter
2, or other law, to the specified agencies. The appropriations
are from the general fund or other named fund and are available
for the fiscal years indicated for each purpose. The figure
"2002" or "2003" means that the addition to or subtraction from
the appropriations listed under the figure are for the fiscal
year ending June 30, 2002, or June 30, 2003, respectively. The
term "the first year" means the year ending June 30, 2002, and
the term "the second year" means the year ending June 30, 2003.
SUMMARY BY FUND
2002 2003 TOTAL
APPROPRIATIONS
General $ ( 103,000)$ (12,797,000)$ (12,900,000)
Solid Waste 1,030,000 2,541,000 3,571,000
Environmental -0- 683,000 683,000
Natural Resources 800,000 850,000 1,650,000
Environment and Natural
Resources Trust Fund 158,000 158,000 316,000
TOTAL $ 1,885,000 $ (8,565,000)$ (6,680,000)
TRANSFERS IN $ -0- $ (1,300,000)$ (1,300,000)
APPROPRIATIONS
Available for the Year
Ending June 30
2002 2003
Sec. 2. POLLUTION CONTROL
AGENCY
Subdivision 1. Total
Appropriations $ 927,000 $ (1,437,000)
Summary by Fund
General (103,000) (3,161,000)
Solid Waste 1,030,000 1,041,000
Environmental -0- 683,000
The amounts reduced from the
appropriations in Laws 2001, First
Special Session chapter 2, section 2,
are specified in the following
subdivisions.
Subd. 2. Protection of the Water
1,300,000 (1,300,000)
Summary by Fund
General 1,300,000 (1,983,000)
Environmental -0- 683,000
The appropriation in Laws 2001, First
Special Session chapter 2, section 2,
subdivision 2, for the clean water
partnership program is $3,648,000 the
first year and $1,048,000 the second
year. The annual base level funding
for the clean water partnership program
is $2,348,000 beginning in fiscal year
2004.
The annual base level funding from the
general fund for protection of the
water is increased by $40,000 beginning
in fiscal year 2004.
Subd. 3. Protection of the Land
-0- -0-
Summary by Fund
General (1,030,000) (1,041,000)
Solid Waste 1,030,000 1,041,000
Subd. 4. Administrative Support
(373,000) (137,000)
Sec. 3. OFFICE OF
ENVIRONMENTAL ASSISTANCE -0- (549,000)
Summary by Fund
General -0- (2,049,000)
Solid Waste -0- 1,500,000
$1,401,000 the second year is a
reduction from the money appropriated
for SCORE block grants to counties in
Laws 2001, First Special Session
chapter 2, section 3.
$1,500,000 the second year is
appropriated from the solid waste fund
for mixed municipal solid waste
processing payments under Minnesota
Statutes, section 115A.545.
Sec. 4. ZOOLOGICAL BOARD -0- (383,000)
Sec. 5. NATURAL RESOURCES
Subdivision 1. Total
Appropriations 800,000 (4,535,000)
Summary by Fund
General -0- (5,385,000)
Natural Resources 800,000 850,000
The amounts reduced from the
appropriations in Laws 2001, First
Special Session chapter 2, section 5,
are specified in the following
subdivisions.
Subd. 2. Land and Mineral Resources Management
-0- (89,000)
$33,000 the second year of this
reduction is from iron ore cooperative
research.
The nonstate match amount required for
the second year of the iron ore
cooperative research appropriation in
Laws 2001, First Special Session
chapter 2, section 5, subdivision 2, is
reduced by $20,000.
$30,000 the second year of this
reduction is from minerals
diversification.
$15,000 the second year of this
reduction is from minerals cooperative
environmental research.
The nonstate match amount required for
the second year of the minerals
cooperative environmental research
appropriation in Laws 2001, First
Special Session chapter 2, section 5,
subdivision 2, is reduced by $7,000.
Subd. 3. Water Resources Management
-0- (563,000)
Subd. 4. Forest Management
-0- (599,000)
$300,000 the second year of this
reduction is from the programs and
practices on state, county, and private
lands to regenerate and protect
Minnesota's white pine.
The amount available for matching funds
in the second year of the appropriation
for white pine regeneration and
protection in Laws 2001, First Special
Session chapter 2, section 5,
subdivision 4, is reduced by $112,000
for nonindustrial private forest lands,
and the amount for matching funds for
county administered lands is reduced by
$60,000.
$200,000 the second year of this
reduction is from the forest resources
council for implementation of the
Sustainable Forest Resources Act.
Subd. 5. Parks and Recreation Management
-0- (317,000)
In fiscal year 2004, the annual base
level funding for state parks and
recreation areas is decreased by
$250,000 from the 2003 level.
In fiscal year 2004, the annual base
level funding for metropolitan area
regional parks maintenance and
operations is decreased by $400,000
from the 2003 level.
The appropriation specified in Laws
2001, First Special Session chapter 2,
section 5, subdivision 5, clause (10),
may be used for state park operations.
$25,000 from money appropriated in the
second year for state parks and
recreation areas is for a grant to
Taylors Falls for fire and rescue
operations in support of Interstate
park.
Subd. 6. Trails and Waterways Management
800,000 523,000
Summary by Fund
General -0- (177,000)
Natural Resources 800,000 700,000
In addition to the appropriation made
for this purpose under Laws 2001, First
Special Session chapter 2, section 5,
subdivision 6, $800,000 the first year
and $700,000 the second year are
appropriated from the snowmobile trails
and enforcement account for the
grant-in-aid trail system.
Subd. 7. Fish Management
-0- (154,000)
$134,000 the second year of this
reduction is from the reinvest in
Minnesota programs of game and fish,
critical habitat, and wetlands
established under Minnesota Statutes,
section 84.95, subdivision 2.
$20,000 the second year of this
reduction is from aquatic plant
restoration.
Subd. 8. Wildlife Management
-0- (110,000)
Subd. 9. Ecological Services
-0- (44,000)
This reduction is from the reinvest in
Minnesota programs of game and fish,
critical habitat, and wetlands
established under Minnesota Statutes,
section 84.95, subdivision 2.
Subd. 10. Enforcement
-0- (199,000)
Summary by Fund
General -0- (349,000)
Natural Resources -0- 150,000
$150,000 the second year is from the
snowmobile trails and enforcement
account for snowmobile enforcement
activities.
Subd. 11. Operations Support
-0- (2,983,000)
$1,052,000 the second year of this
reduction is from the operations of
youth programs. The base appropriation
for this item is eliminated in fiscal
year 2004.
In fiscal year 2004, the entire annual
base level funding for operations
support is decreased by $901,000.
Sec. 6. BOARD OF WATER AND
SOIL RESOURCES -0- (1,754,000)
$382,000 the second year of this
reduction is from natural resources
block grants to local governments. The
block grants made from the remaining
amount of the appropriation may be used
to implement comprehensive local water
planning, the Wetland Conservation Act,
and the Shoreland Management Act.
$800,000 the second year of this
reduction is from grants to soil and
water conservation districts for
cost-sharing contracts for erosion
control and water quality management.
$49,000 the second year of this
reduction is from grants to watershed
districts and other local units of
government in the southern Minnesota
river basin study area 2 for floodplain
management. The appropriation for area
2 floodplain management terminates in
fiscal year 2004.
Sec. 7. SCIENCE MUSEUM OF MINNESOTA -0- (65,000)
Sec. 8. MINNESOTA RESOURCES 158,000 158,000
The appropriations in this section are
from the environment and natural
resources trust fund referred to in
Minnesota Statutes, section 116P.02,
subdivision 6. The appropriations in
this section are subject to the
requirements of Laws 2001, First
Special Session chapter 2, section 14,
subdivisions 11, 12, 14, 15, 16, and
17. Any unencumbered balance remaining
in the appropriations the first year
does not cancel and is available for
the second year. Unless otherwise
provided, the appropriations are
available until June 30, 2003, when
projects must be completed and final
products delivered.
The following amounts are appropriated
from the environment and natural
resources trust fund:
(1) $127,000 the first year and
$127,000 the second year are to the
University of Minnesota for the second
biennium of a two-biennia project to
complete production of a multipart,
televised film series of the history of
Minnesota's natural landscapes. This
appropriation must be matched by
$200,000 in nonstate money and is
available upon commitment of the
match. This appropriation is available
until June 30, 2004; and
(2) $31,000 the first year and $31,000
the second year are to reimburse the
legislative commission on Minnesota
resources for expenses and anticipated
costs of the citizens advisory
committee.
Sec. 9. TRANSFERS -0- 1,300,000
By June 30, 2003, the commissioner of
finance shall transfer $1,300,000 from
the Minnesota future resources fund to
the general fund.
Sec. 10. Minnesota Statutes 2000, section 85A.02,
subdivision 17, is amended to read:
Subd. 17. [ADDITIONAL POWERS.] The board may establish a
schedule of charges for admission to or the use of the Minnesota
zoological garden or any related facility. Notwithstanding
section 16A.1283, legislative approval is not required for the
board to establish a schedule of charges for admission or use of
the Minnesota zoological garden or related facilities. The
board shall have a policy admitting elementary school children
at no charge when they are part of an organized school
activity. The Minnesota zoological garden will offer free
admission throughout the year to economically disadvantaged
Minnesota citizens equal to ten percent of the average annual
attendance. However, the zoo may charge at any time for
parking, special services, and for admission to special
facilities for the education, entertainment, or convenience of
visitors. The board may provide for the purchase, reproduction,
and sale of gifts, souvenirs, publications, informational
materials, food and beverages, and grant concessions for the
sale of these items.
Sec. 11. Minnesota Statutes 2001 Supplement, section
93.2235, subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER.] The commissioner shall
establish a program to award grants to taconite mining companies
for:
(1) taconite pellet product improvements;
(2) value-added production of taconite iron ore; or
(3) cost-savings production improvements at Minnesota
taconite plants.
An amount equal to the sum of money transferred to the
general fund under section 93.223, subdivision 1, reduced by
$100,000, is annually appropriated from the general fund to the
commissioner for the purposes of this section.
[EFFECTIVE DATE.] This section is effective July 1, 2002.
Sec. 12. Minnesota Statutes 2001 Supplement, section
115A.545, subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] (a) For the purpose of this
section, the following terms have the meanings given them.
(b) "Processed" means mixed municipal solid waste that has
been:
(1) burned for energy recovery; or
(2) processed into usable compost or refuse derived fuel.
(c) "Processing facility" means a facility designed to burn
mixed municipal solid waste for energy recovery or designed to
process mixed municipal solid waste into usable compost or
refuse-derived fuel.
(d) "County" includes a consortium of counties operating
under a solid waste management joint powers agreement.
[EFFECTIVE DATE.] This section is effective July 1, 2002.
Sec. 13. Minnesota Statutes 2001 Supplement, section
115A.545, subdivision 2, is amended to read:
Subd. 2. [PROCESSING PAYMENT.] (a) The director shall pay
counties a processing payment for each ton of mixed municipal
solid waste that is generated in the county and processed at a
resource recovery facility located in Minnesota. The processing
payment shall be $5 for each ton of mixed municipal solid waste
processed.
(b) The director shall also pay a processing payment to a
county that does not qualify under paragraph (a) that
constructed a processing facility and that either:
(1) contracts for waste generated in the county to be
received at a facility in that county; or
(2) has a comprehensive solid waste management plan
approved by the director under section 115A.46 that demonstrates
the intention of the county to make the processing facility
operational.
The processing payment shall be $5 for each ton of mixed
municipal waste generated in the county and delivered under
contract with the county.
(c) By the last day of October, January, April, and July,
each county claiming the processing payment shall file a claim
for payment with the director for the three previous months
certifying the number of tons of mixed municipal solid waste
that were generated in the county and processed at a resource
recovery facility. The director shall pay the processing
payments by November 15, February 15, May 15, and August 15 each
year.
(c) (d) If the total amount for which all counties are
eligible in a quarter exceeds the amount available for payment,
the director shall make the payments on a pro rata basis.
(d) (e) All of the money received by a county under this
section paragraph (a) must be used to lower the tipping fee for
waste to be processed at a resource recovery facility.
(f) Amounts received by a county under:
(1) paragraph (b), clause (1), must be used to lower the
tipping fee for waste received at a waste management facility
within the county for waste received under contract with the
county at a facility in the county; or
(2) paragraph (b), clause (2), must be used to assist in
making the county's processing facility operational.
[EFFECTIVE DATE.] This section is effective July 1, 2002.
Sec. 14. Minnesota Statutes 2000, section 115A.554, is
amended to read:
115A.554 [AUTHORITY OF SANITARY DISTRICTS.]
A sanitary district has the authorities and duties of
counties within the district's boundary for purposes of sections
115A.0716; 115A.46, subdivisions 4 and 5; 115A.48; 115A.545;
115A.551; 115A.552; 115A.553; 115A.919; 115A.929; 115A.93;
115A.96, subdivision 6; 115A.961; 116.072; 375.18, subdivision
14; 400.08; 400.16; and 400.161.
[EFFECTIVE DATE.] This section is effective July 1, 2002.
Sec. 15. [INCREASE TO WATER QUALITY PERMIT FEES.]
(a) The pollution control agency shall collect water
quality permit application and annual fees that reflect the fees
in Minnesota Rules, part 7002.0310, increased to the amounts
described in paragraphs (b) to (g).
(b) The application fee for individual permits, general
permits, and general industrial stormwater permits is $240.
(c) The annual fees for individual National Pollutant
Discharge Elimination System permits for major municipal
facilities are as follows:
Design Flow in
Million Gallons Per Day Annual Fee
50 and over $175,750
20 to 49.99 $40,350
5 to 19.99 $14,350
Up to 4.99 $5,900
(d) The annual fees for individual National Pollutant
Discharge Elimination System permits for major nonmunicipal
facilities are as follows:
Design Flow in
Million Gallons Per Day Annual Fee
20 to 49.99 $44,200
5 to 19.99 $18,250
Up to 4.99 $8,450
Cooling or mine pit
dewatering (any flow) $16,900
(e) The annual fees for individual National Pollutant
Discharge Elimination System and State Disposal System permits
for nonmajor municipal facilities with design flows greater than
0.100 million gallons per day are $1,450.
(f) The annual fees for general industrial stormwater
permits are $280.
(g) The annual fees for general National Pollutant
Discharge Elimination System and State Disposal System permits
are $345.
(h) The application and annual fees are not increased for
general construction stormwater permits and sanitary sewer
extension permits. The annual fees are not increased for
National Pollutant Discharge Elimination System and State
Disposal System permits regulating municipal nonmajors with
facility design flow of 0 to .100, sewage sludge landspreading
facilities, and nonmajor nonmunicipal facilities.
(i) The increased permit fees are effective July 1, 2002.
The agency shall adopt amended water quality permit fee rules
incorporating the permit fee increases in this subdivision under
Minnesota Statutes, section 14.389. The pollution control
agency shall begin collecting the increased permit fees on July
1, 2002, even if the rule adoption process has not been
initiated or completed. Notwithstanding Minnesota Statutes,
section 14.18, subdivision 2, the increased permit fees
reflecting the permit fee increases in this section and the rule
amendments incorporating those permit fee increases do not
require further legislative approval.
Sec. 16. [REPEALER.]
(a) Minnesota Statutes 2000, sections 103B.3369,
subdivisions 7 and 8; 103B.351; 103F.461; and 103G.2373, are
repealed.
(b) Minnesota Rules, parts 8405.0100; 8405.0110; 8405.0120;
8405.0130; 8405.0140; 8405.0150; 8405.0160; 8405.0170;
8405.0180; 8405.0190; 8405.0200; 8405.0210; 8405.0220; and
8405.0230, are repealed.
Sec. 17. [EFFECTIVE DATE.]
Except as otherwise specified, this article is effective
the day following final enactment.
ARTICLE 9
AGRICULTURE AND RURAL DEVELOPMENT
Section 1. [AGRICULTURE APPROPRIATIONS AND REDUCTIONS.]
The dollar amounts in the columns under "APPROPRIATIONS"
are added to or, if shown in parentheses, are subtracted from
the appropriations in Laws 2001, First Special Session chapter
2, or other law, to the specified agencies. The appropriations
are from the general fund or other named fund and are available
for the fiscal years indicated for each purpose. The figure
"2002" or "2003" means that the addition to or subtraction from
the appropriations listed under the figure are for the fiscal
year ending June 30, 2002, or June 30, 2003, respectively. The
term "the first year" means the year ending June 30, 2002, and
the term "the second year" means the year ending June 30, 2003.
SUMMARY BY FUND
2002 2003 TOTAL
APPROPRIATIONS
General $ (469,000) $ (1,227,000) $ (1,696,000)
TRANSFERS IN (2,705,000) (1,996,000) (4,701,000)
APPROPRIATIONS
Available for the Year
Ending June 30
2002 2003
Sec. 2. AGRICULTURE
Subdivision 1. Total
Appropriation Reductions (26,000) (810,000)
The amounts reduced from the
appropriations in Laws 2001, First
Special Session chapter 2, are
specified in the following subdivisions.
Subd. 2. Protection Services
-0- (250,000)
Base funding for the protection service
program is $11,451,000 in the fiscal
year beginning July 1, 2003.
Subd. 3. Agricultural
Marketing and Development
(21,000) (71,000)
Base funding for the agricultural
marketing and development program is
$5,530,000 for the fiscal year
beginning July 1, 2003.
Subd. 4. Administration and
Financial Assistance
(5,000) (489,000)
$5,000 the first year and $2,000 the
second year of this reduction are from
family farm security interest payment
adjustments.
$175,000 the second year of this
reduction is from grants to agriculture
information centers.
$11,500 the second year of this
reduction is from the appropriation for
the Seaway Port Authority of Duluth.
Base funding for the administration and
financial assistance program is
$4,344,000 for the fiscal year
beginning July 1, 2003.
Subd. 5. Cancellations
$43,000 from Laws 2000, chapter 488,
article 3, section 5, for grants to one
or more cooperative associations for
the purpose of facilitating the
production and marketing of short
rotation woody crops is canceled to the
general fund.
Subd. 6. Transfers
(a) By June 30, 2002, the commissioner
shall transfer the unencumbered cash
balance in the ethanol development fund
established in Minnesota Statutes,
section 41B.044, to the general fund.
(b) By June 30, 2002, the commissioner
shall transfer $106,000 from the
balance in the family farm security
account established in Minnesota
Statutes, section 41.61, to the general
fund.
(c) By June 30, 2002, the commissioner
shall transfer $890,000 from the
unencumbered bond proceeds balance in
the family farm security account
established in Minnesota Statutes,
section 41.61, to the debt service fund.
(d) By June 30, 2004, the commissioner
shall transfer $800,000 from the
unencumbered bond proceeds balance in
the family farm security account
established in Minnesota Statutes,
section 41.61, to the debt service fund.
(e) By June 30, 2004, the commissioner
shall transfer $50,000 from the balance
in the family farm security account
established in Minnesota Statutes,
section 41.61, to the general fund.
(f) By June 30, 2005, the commissioner
shall transfer $410,000 from the
unencumbered bond proceeds balance in
the family farm security account
established in Minnesota Statutes,
section 41.61, to the debt service fund.
Sec. 3. MINNESOTA HORTICULTURE
SOCIETY -0- (16,000)
This is a onetime reduction.
Sec. 4. AGRICULTURAL UTILIZATION
RESEARCH INSTITUTE (400,000) (401,000)
$20,000 each year of the reduction is
from the money appropriated for hybrid
tree management research and
development.
Base funding of the agricultural
utilization research institute is
$3,717,000 for the fiscal year
beginning July 1, 2003.
Sec. 5. Minnesota Statutes 2001 Supplement, section
17.117, subdivision 5a, is amended to read:
Subd. 5a. [AGRICULTURAL AND ENVIRONMENTAL REVOLVING
ACCOUNTS.] (a) There shall be established in the agricultural
fund revolving accounts to receive appropriations, transfers of
the balances from previous appropriations for the activities
under this section, and money from other sources. All balances
from previous appropriations for activities under this section
and repayments of loans granted under this section, including
principal and interest, must be deposited into the appropriate
revolving account created in this subdivision or the account
created in subdivision 13. Interest earned in an account
accrues to that account.
(b) The money in the revolving accounts and the account
created in subdivision 13 is appropriated to the commissioner
for the purposes of this section.
Sec. 6. Minnesota Statutes 2000, 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 19 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, 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) Payments under paragraphs (a) and (b) to all producers
may not exceed $37,000,000 $35,150,000 in a fiscal year. Total
payments under paragraphs (a) and (b) to a producer in a fiscal
year may not exceed $3,000,000 $2,850,000.
(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
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.
(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) 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 19 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.
[EFFECTIVE DATE.] This section is effective for payments
for ethanol production after July 1, 2004.
Sec. 7. [TRANSFER OF FUNDS; DEPOSIT OF REPAYMENTS.]
The remaining balance in the disaster recovery revolving
fund established under Minnesota Statutes, section 41B.047,
subdivision 2, is transferred to the revolving account described
in Minnesota Statutes, section 17.115, for purposes of Minnesota
Statutes, section 17.115, subdivision 5, and the fund is
abolished on the effective date of this section.
Notwithstanding Minnesota Statutes, section 41B.047, subdivision
2, all future receipts from loans originated under Minnesota
Statutes, section 41B.047, shall be deposited in the account.
Sec. 8. [REPEALER.]
Minnesota Statutes 2000, section 41B.047, subdivision 2, is
repealed.
Sec. 9. [EFFECTIVE DATE.]
Except as otherwise specified, this article is effective
the day following final enactment.
ARTICLE 10
STATE GOVERNMENT APPROPRIATIONS
Section 1. [STATE GOVERNMENT APPROPRIATIONS.]
The dollar amounts in the columns under "APPROPRIATIONS"
are added to or, if shown in parentheses, are subtracted from
the appropriations in Laws 2001, First Special Session chapter
10, or other law to the specified agencies. The appropriations
are from the general fund or other named fund and are available
for the fiscal years indicated for each purpose. The figure
"2002" or "2003" means that the addition to or subtraction from
the appropriations listed under the figure are for the fiscal
year ending June 30, 2002, or June 30, 2003, respectively.
SUMMARY BY FUND
2002 2003 TOTAL
APPROPRIATIONS
General $ (14,695,000)$ (30,005,000)$ (44,700,000)
APPROPRIATIONS
Available for the Year
Ending June 30
2002 2003
Sec. 2. LEGISLATURE
Subdivision 1. Total
Appropriation -0- (2,245,000)
Subd. 2. Senate
-0- (688,000)
Subd. 3. House of Representatives
-0- (910,000)
Subd. 4. Legislative Coordinating Commission
-0- (647,000)
$164,000 is a reduction for the office
of the legislative auditor.
Sec. 3. SECRETARY OF
STATE -0- (199,000)
Budget reductions shall not come from
revenue producing programs or elections.
Sec. 4. GOVERNOR'S OFFICE (460,000) (702,000)
No funding may be used for the
operation of the Washington, D.C.,
office of the state of Minnesota.
Sec. 5. STATE AUDITOR (503,000) (540,000)
Sec. 6. STATE TREASURER -0- (30,000)
Sec. 7. ATTORNEY GENERAL -0- (900,000)
The attorney general, in consultation
with the affected agencies, shall
prepare a plan for ending partnership
agreements with agencies and shall
submit the plan to the legislature by
November 15, 2002.
Sec. 8. BOARD OF GOVERNMENT INNOVATION
COOPERATION (275,000) (518,000)
Sec. 9. OFFICE OF STRATEGIC
AND LONG-RANGE PLANNING (600,000) (560,000)
Sec. 10. ADMINISTRATION
Subdivision 1. Total
Appropriation (274,000) (3,784,000)
Subd. 2. Operations Management
-0- (989,000)
The base funding for the 2004-2005
biennium is $3,002,000 a year.
Subd. 3. Office of Technology
-0- (774,000)
The base funding for the 2004-2005
biennium is $4,622,000 in 2004 and
$2,442,000 in 2005.
Subd. 4. Intertechnologies Group
General Fund
(200,000) (533,000)
The base funding for the 2004-2005
biennium is $382,000 a year.
Subd. 5. Management Services
-0- (707,000)
The base funding for the 2004-2005
biennium is $3,145,000 a year. Base
funding may not be reduced for the
information policy analysis program.
Subd. 6. Facilities Management
-0- (714,000)
The base funding for the 2004-2005
biennium is $3,583,000 a year.
Subd. 7. Public Broadcasting
-0- (67,000)
The base funding for the 2004-2005
biennium is $3,197,000 each year. The
$133,000 reduction each year must be
applied on a proportional basis.
Subd. 8. Fiscal Agents
(74,000) -0-
Voting equipment grants are reduced by
$74,000 in fiscal year 2002.
Sec. 11. FINANCE
Subdivision 1. Total Appropriation
Reductions (1,773,000) (3,609,000)
Subd. 2. State Financial Management
(204,000) (1,195,000)
Subd. 3. Information and Management
Services
(910,000) (1,974,000)
$446,000 in the first year and $220,000
in the second year are onetime
reductions.
Subd. 4. Carryforward
(660,000) (440,000)
This reduction is from Laws 1999,
chapter 250, article 1, section 14,
subdivision 3.
Subd. 5. Dislocated Worker Program
The commissioner of finance shall
transfer $2,800,000 from the general
fund to the workforce development fund
for the dislocated worker program.
This transfer shall occur within 14
days following final enactment of this
act.
Sec. 12. EMPLOYEE
RELATIONS (660,000) (1,269,000)
Sec. 13. REVENUE
Subdivision 1. Total Appropriation
Reduction (7,000,000) (7,000,000)
Sec. 14. AMATEUR SPORTS COMMISSION (60,000) (60,000)
Sec. 15. MINNESOTA HUMANITIES
COMMISSION -0- (41,000)
Sec. 16. BOARD OF THE ARTS
Subdivision 1. Total
Appropriation -0- (526,000)
Subd. 2. Operations and Services
-0- (43,000)
Subd. 3. Grants Programs
-0- (342,000)
Subd. 4. Regional Arts Councils
-0- (141,000)
Sec. 17. MILITARY AFFAIRS (452,000) (2,399,000)
The base funding for the 2004-2005
biennium is $12,472,000 each year.
Sec. 18. VETERANS
AFFAIRS -0- (180,000)
Sec. 19. MINNESOTA
STATE RETIREMENT SYSTEM -0- (2,004,000)
$2,004,000 of the appropriation
reduction the second year is to
eliminate the open appropriation for
judges not participating in the
postretirement fund, effective July 1,
2002. The reduction in 2004 is
$2,124,000 and in 2005 is $2,251,000.
Sec. 20. CAMPAIGN FINANCE
AND PUBLIC DISCLOSURE BOARD -0- (35,000)
Sec. 21. INVESTMENT
BOARD -0- (127,000)
Sec. 22. CAPITOL AREA ARCHITECTURAL
AND PLANNING BOARD -0- (16,000)
Sec. 23. LAWFUL GAMBLING CONTROL
BOARD -0- (126,000)
Sec. 24. MINNESOTA RACING
COMMISSION -0- (21,000)
Sec. 25. TORT CLAIMS -0- (114,000)
Sec. 26. CONTINGENT ACCOUNTS (2,638,000) (3,000,000)
Sec. 27. LEGISLATIVE INTENT
It is the legislature's intent that,
unless provided otherwise in this
article, base reductions in an agency's
funding be distributed across the
agency's accounts without a
disproportionate reduction from a
single program. Additionally, all
budget reductions should be made with
an emphasis on cutting administration
and overhead expenses and with as
little impact as possible on programs
and services.
Sec. 28. Minnesota Statutes 2000, section 15.0591,
subdivision 2, is amended to read:
Subd. 2. [BODIES AFFECTED.] A member meeting the
qualifications in subdivision 1 must be appointed to the
following boards, commissions, advisory councils, task forces,
or committees:
(1) advisory council on battered women and domestic abuse;
(2) advisory task force on the use of state facilities;
(3) alcohol and other drug abuse advisory council;
(4) board of examiners for nursing home administrators;
(5) board on aging;
(6) chiropractic examiners board;
(7) consumer advisory council on vocational rehabilitation;
(8) council on disability;
(9) council on affairs of Chicano/Latino people;
(10) council on Black Minnesotans;
(11) dentistry board;
(12) department of economic security advisory council;
(13) higher education services office;
(14) housing finance agency;
(15) Indian advisory council on chemical dependency;
(16) medical practice board;
(17) medical policy directional task force on mental
health;
(18) Minnesota employment and economic development task
force;
(19) Minnesota office of citizenship and volunteer services
advisory committee;
(20) Minnesota state arts board;
(21) (20) nursing board;
(22) (21) optometry board;
(23) (22) pharmacy board;
(24) (23) board of physical therapy;
(25) (24) podiatry board;
(26) (25) psychology board;
(27) (26) veterans advisory committee.
Sec. 29. Minnesota Statutes 2000, section 16A.40, is
amended to read:
16A.40 [WARRANTS AND ELECTRONIC FUND TRANSFERS.]
Money must not be paid out of the state treasury except
upon the warrant of the commissioner or an electronic fund
transfer approved by the commissioner. Warrants must be drawn
on printed blanks that are in numerical order. The commissioner
shall enter, in numerical order in a warrant register, the
number, amount, date, and payee for every warrant issued.
Payees receiving more than ten payments or $10,000 per year
must supply the commissioner with their bank routing information
to enable the payments to be made through an electronic fund
transfer.
Sec. 30. Minnesota Statutes 2001 Supplement, section
16B.65, subdivision 1, is amended to read:
Subdivision 1. [DESIGNATION.] By January 1, 2002, each
municipality shall designate a building official to administer
the code. A municipality may designate no more than one
building official responsible for code administration defined by
each certification category established in rule. Two or more
municipalities may combine in the designation of a building
official for the purpose of administering the provisions of the
code within their communities. In those municipalities for
which no building officials have been designated, the state
building official may use whichever state employees are
necessary to perform the duties of the building official until
the municipality makes a temporary or permanent designation.
All costs incurred by virtue of these services rendered by state
employees must be borne by the involved municipality and
receipts arising from these services must be paid into the state
treasury and credited to the general special revenue fund.
Sec. 31. Minnesota Statutes 2001 Supplement, section
16B.65, subdivision 5a, is amended to read:
Subd. 5a. [ADMINISTRATIVE ACTION AND PENALTIES.] The
commissioner shall, by rule, establish a graduated schedule of
administrative actions for violations of sections 16B.59 to
16B.75 and rules adopted under those sections. The schedule
must be based on and reflect the culpability, frequency, and
severity of the violator's actions. The commissioner may impose
a penalty from the schedule on a certification holder for a
violation of sections 16B.59 to 16B.75 and rules adopted under
those sections. The penalty is in addition to any criminal
penalty imposed for the same violation. Administrative monetary
penalties imposed by the commissioner must be paid to the
general special revenue fund.
Sec. 32. Minnesota Statutes 2000, section 124D.385,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.] (a) The commission consists of 18
voting members. Voting members shall include the commissioner
of children, families, and learning, a representative of the
children's cabinet elected by the members of the children's
cabinet, and the executive director of the higher education
services office.
(b) The governor shall appoint 15 additional voting
members. Eight of the voting members appointed by the governor
shall include a representative of public or nonprofit
organizations experienced in youth employment and training,
organizations promoting adult service and volunteerism,
community-based service agencies or organizations, local public
or private sector labor unions, local governments, business, a
national service program, and Indian tribes. The remaining
seven voting members appointed by the governor shall include an
individual with expertise in the educational, training, and
development needs of youth, particularly disadvantaged youth; a
youth or young adult who is a participant in a higher
education-based service-learning program; a disabled individual
representing persons with disabilities; a youth who is
out-of-school or disadvantaged; an educator of primary or
secondary students; an educator from a higher education
institution; and an individual between the ages of 16 and 25 who
is a participant or supervisor in a youth service program.
(c) The governor shall appoint up to five ex officio
nonvoting members from among the following agencies or
organizations: the departments of economic security, natural
resources, human services, health, corrections, agriculture,
public safety, finance, and labor and industry, the Minnesota
office of citizenship and volunteer services, the housing
finance agency, and Minnesota Technology, Inc. A representative
of the corporation for national and community service shall also
serve as an ex officio nonvoting member.
(d) Voting and ex officio nonvoting members may appoint
designees to act on their behalf. The number of voting members
who are state employees shall not exceed 25 percent.
(e) The governor shall ensure that, to the extent possible,
the membership of the commission is balanced according to
geography, race, ethnicity, age, and gender. The speaker of the
house and the majority leader of the senate shall each appoint
two legislators to be nonvoting members of the commission.
Sec. 33. Minnesota Statutes 2000, section 256.9753,
subdivision 3, is amended to read:
Subd. 3. [EXPENDITURES.] The board shall consult with
the office of citizenship and volunteer services commissioner of
human services, prior to expending money available for the
retired senior volunteer programs. Expenditures shall be made
(1) to strengthen and expand existing retired senior volunteer
programs, and (2) to encourage the development of new programs
in areas in the state where these programs do not exist. Grants
shall be made consistent with applicable federal guidelines.
Sec. 34. Minnesota Statutes 2000, section 490.123, is
amended by adding a subdivision to read:
Subd. 1e. [PARTICIPATION IN THE POSTRETIREMENT INVESTMENT
FUND.] Notwithstanding any laws to the contrary, all judges and
survivors receiving a benefit under this chapter shall receive
that benefit from the postretirement investment fund. Required
reserves for those judges not receiving benefits from the
postretirement investment fund as of July 1, 2002, shall be
transferred to the postretirement investment fund to pay future
benefits by July 31, 2002.
Sec. 35. Laws 1998, chapter 404, section 23, subdivision
6, is amended to read:
Subd. 6. St. Paul RiverCentre
Arena 65,000,000
This appropriation is from the general
fund to the commissioner of finance for
a loan to the city of St. Paul to
demolish the existing St. Paul
RiverCentre Arena and to design,
construct, furnish, and equip a new
arena. This appropriation is not
available until the lessee to whom the
city has leased the arena has agreed to
make rental or other payments to the
city under the terms set forth in this
subdivision. The loan is repayable
solely from and secured by the payments
made to the city by the lessee. The
loan is not a public debt and the full
faith, credit, and taxing powers of the
city are not pledged for its repayment.
(a) $48,000,000 of the loan must be
repaid to the commissioner, without
interest, within 20 years from the date
of substantial completion of the arena
in accordance with the following
schedule:
(1) no repayments are due in the first
two years from the date of substantial
completion;
(2) in each of the years three to five,
the lessee must pay $1,250,000;
(3) in each of the years six to ten,
the lessee must pay $1,500,000;
(4) in each of the years 11 to 13, the
lessee must pay $2,000,000;
(5) in year 14, the lessee must pay
$3,000,000;
(6) in year 15, the lessee must pay
$4,000,000; and
(7) in each of the years 16 to 20, the
lessee must pay $4,750,000.
(b) The commissioner must deposit the
repayments in the state treasury and
credit them to the youth activities
account, which is hereby created in the
special revenue fund. Money in the
youth activities account is available
for expenditure as appropriated by
law general fund.
(c) The loan may not be made until the
commissioner has entered into an
agreement with the city of St. Paul
identifying the rental or other
payments that will be made and
establishing the dates on and the
amounts in which the payments will be
made to the city and by the city to the
commissioner. The payments may include
operating revenues and additional
payments to be made by the lessee under
agreements to be negotiated between the
commissioner, the city, and the
lessee. Those agreements may include,
but are not limited to, an agreement
whereby the lessee pledges to provide
each year a letter of credit sufficient
to guarantee the payment of the amount
due for the next succeeding year; an
agreement whereby the lessee agrees to
maintain a net worth, certified each
year by a financial institution or
accounting firm satisfactory to the
commissioner, that is greater than the
balance due under the payment schedule
in paragraph (a); and any other
agreements the commissioner may deem
necessary to ensure that the payments
are made as scheduled.
(d) The agreements must provide that
the failure of the lessee to make a
payment due to the city under the
agreement is an event of default under
the lease between the city and the
lessee and that the state is entitled
to enforce the remedies of the lessor
under the lease in the event of
default. Those remedies must include,
but need not be limited to, the
obligation of the lessee to pay the
balance due for the remainder of the
payment schedule in the event the
lessee ceases to operate a National
Hockey League team in the arena.
(e) By January 1, 1999, the
commissioner shall report to the chair
of the senate committee on state
government finance and the chair of the
house committee on ways and means the
terms of an agreement between the
lessee and the amateur sports
commission whereby the lessee agrees to
make the facilities of the arena
available to the commission on terms
satisfactory to the commission for
amateur sports activities consistent
with the purposes of Minnesota
Statutes, chapter 240A, each year
during the time the loan is
outstanding. The amateur sports
commission must negotiate in good faith
and may be required to pay no more than
actual out-of-pocket expenses for the
time it uses the arena. The agreement
may not become effective before
February 1, 1999. During any calendar
year after 1999 that an agreement under
this paragraph is not in effect and a
payment is due under the schedule, the
lessee must pay to the commissioner a
penalty of $750,000 for that year. If
the amateur sports commission has not
negotiated in good faith, no penalty is
due.
Sec. 36. [REDUCTION IN CONTRACT EXPENDITURES.]
During the biennium ending June 30, 2003, the governor must
reduce planned executive branch state agency general fund
expenditures on contracts for professional or technical services
by at least $35,000,000. The governor must allocate this
reduction among executive branch state agencies. For purposes
of this section, "professional or technical services" has the
meaning given in Minnesota Statutes, section 16C.08, subdivision
1; and "executive branch state agency" has the meaning given in
Minnesota Statutes, section 16A.011, subdivision 12a, and
includes the Minnesota state colleges and universities. The
base for these reductions is the amount allocated for
professional or technical service contracts in agency spending
plans as of January 1, 2002.
Sec. 37. [MORATORIUM ON CONSULTANT CONTRACTS.]
(a) An entity in the executive branch of state government,
including the Minnesota state colleges and universities, may not
enter into a new contract or renew an existing contract for
professional or technical services after the effective date of
this section and before July 1, 2003. This section does not
apply to a contract:
(1) that relates to a threat to public health, welfare, or
safety that threatens the functioning of government, the
protection of property, or the health or safety of people; or
(2) that is paid for entirely with federal funds received
before the effective date of this section.
(b) An entity in the executive branch may apply for a
waiver of the moratorium by sending a letter with reasons for
the request to the commissioner of administration for executive
branch entities. Upon a finding that a consultant contract is
necessary, the commissioner may grant a waiver. The decision of
the commissioner is final and not subject to appeal. A monthly
report of all waivers granted must be filed by the entity
granting the waiver. The report must be published on the
entity's Web site, and copies must be provided to the chairs of
the house ways and means and senate finance committees and to
the legislative reference library.
Sec. 38. [HIRING FREEZE.]
Subdivision 1. [APPLICATION OF FREEZE.] A state employer
may not hire any permanent or temporary employees before July 1,
2003. For purposes of this section, "state employer" means
state elected officials, departments, boards, agencies,
commissions, offices, and other hiring entities in the executive
and legislative branches of state government, as those branches
are defined in Minnesota Statutes, section 43A.02.
"State employer" does not include the Minnesota state
colleges and universities.
Subd. 2. [EXCEPTIONS.] Subdivision 1 does not apply to:
(1) a student in a work-study position; or
(2) a position that is necessary to perform essential
government services.
A determination under clause (2) must be made by the
speaker of the house of representatives with respect to house
employees, the chair of the committee on rules and
administration with respect to senate employees, and the
legislative coordinating commission with respect to its
employees, by a constitutional officer with respect to employees
of the constitutional office, and by the governor with respect
to any other employee covered by this section. Exceptions
granted under clause (2) must be reported monthly by the entity
granting the exception. The reports must be published on the
entity's Web site, and copies must be provided to the chairs of
the house ways and means and senate finance committees and to
the legislative reference library.
Subd. 3. [ANTICIPATED SAVINGS.] The legislature
anticipates that application of this section to executive branch
agencies and to the Minnesota state colleges and universities
will result in savings to the general fund of $40,000,000 by
June 30, 2003. If the governor determines that application of
this section will not result in $40,000,000 in savings to the
general fund by June 30, 2003, the governor must make
proportional reductions in executive agency operating budgets
necessary to achieve these savings.
Sec. 39. [SAVINGS ARE ADDITIONAL.]
Savings achieved in sections 36 to 38 from the freeze in
state hiring or the reduction in the number of state contracts
for professional or technical services are in addition to
reductions in spending required by other sections of this
article.
Sec. 40. [REPEALER.]
Minnesota Statutes 2001 Supplement, section 4.50, is
repealed. Minnesota Statutes 2000, sections 13.202, subdivision
8; 465.795; 465.796; 465.797; 465.7971; 465.798; 465.799;
465.801; 465.802; 465.803; 465.83; 465.87; and 465.88, are
repealed effective July 1, 2002. Minnesota Statutes 2000,
section 490.123, subdivision 1d, is repealed effective June 30,
2002.
Sec. 41. [EFFECTIVE DATE.]
Except as otherwise provided in section 40, this article is
effective the day following final enactment.
ARTICLE 11
COURTS
Section 1. [APPROPRIATIONS/REDUCTIONS.]
The dollar amounts in the columns under "APPROPRIATIONS"
are added to or, if shown in parentheses, are subtracted from
the appropriations in Laws 2001, First Special Session chapters
8, 9, or other law to the specified agencies. The
appropriations are from the general fund or other named fund and
are available for the fiscal years indicated for each purpose.
The figure "2002" or "2003" means that the addition to or
subtraction from the appropriations listed under the figure are
for the fiscal year ending June 30, 2002, or June 30, 2003,
respectively.
2002 2003
APPROPRIATION REDUCTIONS -0- ( 1,592,000)
APPROPRIATIONS
2002 2003
Sec. 2. SUPREME COURT -0- ( 454,000)
$175,000 the second year is to reduce
funding to civil legal services. The
funding and base for civil legal
services may not be reduced more than
these amounts.
The base for fiscal year 2004 shall be
reduced by $394,000 and for fiscal year
2005 by $394,000.
No portion of this reduction may come
from a reduction in spending of the
funds appropriated to the courts for
the Minnesota criminal information
system.
Sec. 3. COURT OF APPEALS -0- ( 86,000)
The base for fiscal year 2004 shall be
reduced by $74,000 and for fiscal year
2005 by $74,000.
Sec. 4. DISTRICT COURTS -0- ( 845,000)
The base for fiscal year 2004 shall be
reduced by $641,000 and for fiscal year
2005 by $641,000. These appropriation
reductions may also be applied to the
appropriations to the trial courts as
amended in Laws 2001, First Special
Session chapter 8, article 5, section
23.
Sec. 5. HUMAN RIGHTS -0- (207,000)
Sec. 6. Minnesota Statutes 2000, section 357.021,
subdivision 2, is amended to read:
Subd. 2. [FEE AMOUNTS.] The fees to be charged and
collected by the court administrator shall be as follows:
(1) In every civil action or proceeding in said court,
including any case arising under the tax laws of the state that
could be transferred or appealed to the tax court, the
plaintiff, petitioner, or other moving party shall pay, when the
first paper is filed for that party in said action, a fee of
$122 $135.
The defendant or other adverse or intervening party, or any
one or more of several defendants or other adverse or
intervening parties appearing separately from the others, shall
pay, when the first paper is filed for that party in said
action, a fee of $122 $135.
The party requesting a trial by jury shall pay $75.
The fees above stated shall be the full trial fee
chargeable to said parties irrespective of whether trial be to
the court alone, to the court and jury, or disposed of without
trial, and shall include the entry of judgment in the action,
but does not include copies or certified copies of any papers so
filed or proceedings under chapter 103E, except the provisions
therein as to appeals.
(2) Certified copy of any instrument from a civil or
criminal proceeding, $10, and $5 for an uncertified copy.
(3) Issuing a subpoena, $3 for each name.
(4) Issuing an execution and filing the return thereof;
issuing a writ of attachment, injunction, habeas corpus,
mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, $10.
(5) Issuing a transcript of judgment, or for filing and
docketing a transcript of judgment from another court, $7.50.
(6) Filing and entering a satisfaction of judgment, partial
satisfaction, or assignment of judgment, $5.
(7) Certificate as to existence or nonexistence of
judgments docketed, $5 for each name certified to.
(8) Filing and indexing trade name; or recording basic
science certificate; or recording certificate of physicians,
osteopaths, chiropractors, veterinarians, or optometrists, $5.
(9) For the filing of each partial, final, or annual
account in all trusteeships, $10.
(10) For the deposit of a will, $5.
(11) For recording notary commission, $25, of which,
notwithstanding subdivision 1a, paragraph (b), $20 must be
forwarded to the state treasurer to be deposited in the state
treasury and credited to the general fund.
(12) Filing a motion or response to a motion for
modification of child support, a fee fixed by rule or order of
the supreme court.
(13) All other services required by law for which no fee is
provided, such fee as compares favorably with those herein
provided, or such as may be fixed by rule or order of the court.
(14) In addition to any other filing fees under this
chapter, a surcharge in the amount of $75 must be assessed in
accordance with section 259.52, subdivision 14, for each
adoption petition filed in district court to fund the fathers'
adoption registry under section 259.52.
The fees in clauses (3) and (4) need not be paid by a
public authority or the party the public authority represents.
Sec. 7. Minnesota Statutes 2000, section 357.022, is
amended to read:
357.022 [CONCILIATION COURT FEE.]
The court administrator in every county shall charge and
collect a filing fee of $15 $25 where the amount demanded is
less than $2,000 and $25 $35 where the amount demanded is $2,000
or more from every plaintiff and from every defendant when the
first paper for that party is filed in any conciliation court
action. This section does not apply to conciliation court
actions filed by the state. The court administrator shall
transmit the fees monthly to the state treasurer for deposit in
the state treasury and credit to the general fund.
ARTICLE 12
ECONOMIC DEVELOPMENT
Section 1. [APPROPRIATIONS AND REDUCTIONS.]
The dollar amounts in the columns under "APPROPRIATIONS"
are added to or, if shown in parentheses, subtracted from the
appropriations in Laws 2001, First Special Session chapter 4, or
other law to the specified agencies. The appropriations are
from the general fund or other named fund and are available for
the fiscal years indicated for each purpose. The figure "2002"
or "2003" means that the addition to or subtraction from the
appropriations listed under the figure are for the fiscal year
ending June 30, 2002, or June 30, 2003, respectively.
SUMMARY BY FUND
2002 2003 TOTAL
APPROPRIATIONS
General (1,899,000) (3,594,000) (5,493,000)
Special Revenue 100,000 100,000 200,000
CANCELLATIONS (10,426,000) -0- (10,426,000)
TRANSFERS IN 9,320,000 (650,000) 8,670,000
APPROPRIATIONS
Available for the Year
Ending June 30
2002 2003
Sec. 2. TRADE AND ECONOMIC DEVELOPMENT
Subdivision 1. Total
Appropriation (559,000) (761,000)
It is the legislature's intent that
base reductions in an agency's funding
be distributed across the agency's
accounts without a disproportionate
reduction from a single program.
Additionally, all budget reductions
should be made with an emphasis on
cutting administration and overhead
expenses, and with as little impact as
possible on programs and services.
Of these amounts:
(a) $80,000 the first year and $190,000
the second year are for reductions in
administrative costs.
(b) $146,000 the first year is a
reduction for strike salary savings.
(c) Other reductions are as stated in
this section.
Subd. 2. Business and Community
Development (55,000) (60,000)
Of these amounts:
(a) The base funding for the Minnesota
investment fund is reduced by $500,000
each year in the 2004-2005 biennium.
(b) $150,000 each year is added to the
base funding for the rural policy and
development center, beginning in fiscal
year 2004.
Subd. 3. Minnesota Trade Office (43,000) (270,000)
The Minnesota trade office's base
funding is reduced by $50,000 each year
of the 2004-2005 biennium from its base
funding for fiscal year 2003.
Subd. 4. Workforce Development -0- 215,000
$250,000 the second year is an
appropriation for the ISEEK program.
This is a onetime appropriation and is
not added to the agency's budget base.
Subd. 5. Office of Tourism (120,000) (340,000)
(a) No part of this reduction may be
accomplished by decreasing the grant to
the Mississippi River Parkway
Commission in Laws 2001, First Special
Session chapter 4, article 1, section
2, subdivision 5. The office of
tourism's base funding shall be reduced
by $350,000 each year in the 2004-2005
biennium from its base funding for
fiscal year 2003.
(b) $20,000 the second year is to
reduce funding for the snowbate program
in the Minnesota Film Board. Base
funding for the snowbate program shall
be $450,000 per year in the 2004-2005
biennium.
Subd. 6. Information and
Analysis (100,000) (100,000)
The base funding shall be reduced by an
additional $79,000 each year for the
2004-2005 biennium.
Subd. 7. Administrative
Support (15,000) (16,000)
Subd. 8. Dislocated
Worker Program
The commissioner of finance shall
transfer $13,200,000 from the general
fund to the workforce development fund
for the dislocated worker program.
This transfer shall occur within 14
days following final enactment of this
act. This subdivision is effective the
day following final enactment.
Subd. 9. Biomedical Innovation
and Commercialization Initiative
The Laws 2001, First Special Session
chapter 5, article 19, section 2,
appropriation of $10,000,000 for the
biomedical innovation and
commercialization initiative is
canceled to the general fund. This
cancellation is effective the day
following final enactment.
Sec. 3. MINNESOTA TECHNOLOGY,
INC. -0- (750,000)
Sec. 4. ECONOMIC SECURITY
Subdivision 1. Total
Appropriation (80,000) (559,000)
It is the legislature's intent that
base reductions in an agency's funding
be distributed across the agency's
accounts without a disproportionate
reduction from a single program.
Additionally, all budget reductions
should be made with an emphasis on
cutting administration and overhead
expenses, and with as little impact as
possible on programs and services.
To the extent that any reductions
reflected in the department would
violate federal requirements regarding
maintenance of effort, the commissioner
is authorized to exempt from reduction
the affected programs to the extent
required to comply with federal
regulations. The commissioner shall
realize the reductions that would
otherwise apply from programs and
administrative costs funded with
general fund dollars that do not have
maintenance of effort requirements.
The legislature's intent is that any
additional program reductions resulting
from this provision be done in a
proportional manner among the affected
programs.
If there is a vacancy in the position
of commissioner or deputy commissioner
in the department between the date of
enactment of this act and July 1, 2003,
the position may be filled only by an
acting commissioner or acting deputy
commissioner and may not be filled on a
permanent basis.
The department's base appropriation
shall be reduced by $200,000 in fiscal
year 2004 and then by an additional
$400,000 in fiscal year 2005 as a
result of reorganization of state
agencies.
Subd. 2. Workforce Services -0- (228,000)
The base reduction is $428,000 for each
year of the 2004-2005 biennium.
The base funding for the Minnesota
youth program is reduced by $500,000
each year in the 2004-2005 biennium.
Base funding for the displaced
homemakers program may not be reduced.
Subd. 3. Workforce Rehabilitation
Services -0- (204,000)
Subd. 4. Workforce Services for
the Blind -0- (127,000)
Subd. 5. Strike Salary
Savings (80,000) -0-
Sec. 5. HOUSING FINANCE
AGENCY -0- (216,000)
It is the legislature's intent that
base reductions in an agency's funding
be distributed across the agency's
accounts without a disproportionate
reduction from a single program.
Additionally, all budget reductions
should be made with an emphasis on
cutting administration and overhead
expenses, and with as little impact as
possible on programs and services.
The department's base funding shall be
reduced by an additional $457,000 each
year for the 2004-2005 biennium.
Sec. 6. DEPARTMENT OF
COMMERCE (506,000) (376,000)
Of these amounts:
(1) $44,000 in the first year and
$104,000 in the second year are for
staff reduction in the department of
commerce/administration program; and
(2) $59,000 in the first year and
$147,000 in the second year are for
staff reduction in the weights and
measures program.
(3) $50,000 the first year and $125,000
the second year are for administrative
cost reductions. The department's base
funding shall be reduced an additional
$25,000 each year for the 2004-2005
biennium.
(4) $353,000 the first year is a
reduction for strike salary savings.
Sec. 7. LABOR AND INDUSTRY (324,000) (402,000)
Summary by Fund
General (324,000) (502,000)
Special Revenue -0- 100,000
$70,000 the first year and $141,000 the
second year are for staff reductions.
$100,000 the second year is a transfer
from the workforce development fund for
statewide and agency indirect costs
associated with the apprenticeship
program.
Sec. 8. BUREAU OF MEDIATION
SERVICES (30,000) (30,000)
These amounts reduce labor-management
cooperation grants. Base funding for
labor-management cooperation grants is
$252,000 each year for the 2004-2005
biennium.
Sec. 9. MINNESOTA HISTORICAL SOCIETY
Subdivision 1. Total
Appropriation (400,000) (400,000)
It is the intention of the legislature
that all reductions in the society's
budget be implemented with the smallest
possible reduction in services and
without the closing of sites.
Subd. 2. Education
and Outreach (224,000) (224,000)
Base funding is reduced by $146,000
each year for the 2004-2005 biennium.
Subd. 3. Preservation
and Access (176,000) (176,000)
Base funding is reduced by $104,000
each year for the 2004-2005 biennium.
Sec. 10. [CANCELLATIONS AND TRANSFERS.]
Subdivision 1. [JOURNEY TRAVEL INFORMATION SYSTEM.] The
Laws 1999, chapter 223, article 1, section 2, subdivision 5,
appropriation to the office of tourism to fund the Journey
travel information system, estimated to be $426,000, is canceled
to the general fund.
Subd. 2. [RURAL POLICY DEVELOPMENT CENTER FUND.] After
July 1, 2003, and before June 30, 2004, the commissioner of
finance shall transfer $1,000,000 from the rural policy
development center fund established in Minnesota Statutes,
section 116J.422, to the general fund. After July 1, 2004, and
before June 30, 2005, the commissioner shall transfer an
additional $1,000,000 from the rural policy development center
fund to the general fund.
Subd. 3. [REAL ESTATE EDUCATION, RESEARCH, AND RECOVERY
FUND.] By June 15, 2002, the commissioner of finance shall
transfer $3,200,000 from the real estate education, research,
and recovery fund established under Minnesota Statutes, section
82.34, to the general fund.
Subd. 4. [WORLD TRADE CONFERENCE CENTER.] The balances of
all special revenue accounts for the World Trade Conference
Center in the trade office, estimated to be $30,000, are
transferred to the general fund.
Sec. 11. Minnesota Statutes 2000, section 82.34,
subdivision 3, is amended to read:
Subd. 3. [FEE FOR REAL ESTATE FUND.] Each real estate
broker, real estate salesperson, and real estate closing agent
entitled under this chapter to renew a license shall pay in
addition to the appropriate renewal fee a further fee of $50 $20
per licensing period which shall be credited to the real estate
education, research, and recovery fund. Any person who receives
an initial license shall pay, in addition to all other fees
payable, a fee of $75 if the license expires more than 12 months
after issuance, $50 if the license expires less than 12 months
after issuance $30.
Sec. 12. Laws 2001, First Special Session chapter 4,
article 1, section 4, subdivision 6, is amended to read:
Subd. 6. Economic Security Contingent Account
Beginning in the 2002-2003 biennium,
the first $2,000,000 deposited in each
year of the biennium into the economic
security contingent account created
under Minnesota Statutes, section
268.196, subdivision 3, shall be
transferred upon deposit to the
workforce development fund. Deposits
in excess of the $2,000,000, estimated
to amount to $650,000, shall be used
for purposes of the economic security
contingent account. It is the intent
of the legislature that in future
years, $2,000,000 each year will be
transferred in this manner transferred
upon deposit to the general fund.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 13. Laws 2001, First Special Session chapter 4,
article 3, section 1, is amended to read:
Section 1. [DEPARTMENT OF ECONOMIC SECURITY ABOLISHED.]
The department of economic security is abolished.
[EFFECTIVE DATE.] This section is effective July 1,
2002 2003.
Sec. 14. Laws 2001, First Special Session chapter 4,
article 3, section 2, subdivision 1, is amended to read:
Subdivision 1. [TO DEPARTMENT OF TRADE AND ECONOMIC
DEVELOPMENT.] The responsibilities of the department of economic
security performed by its workforce services unit for employment
transition services, youth services, welfare-to-work services,
and workforce exchange services are transferred to the
department of trade and economic development.
[EFFECTIVE DATE.] This subdivision is effective July 1,
2002 2003.
Sec. 15. Laws 2001, First Special Session chapter 4,
article 3, section 3, is amended to read:
Sec. 3. [ORGANIZATION OF DEPARTMENT OF TRADE AND ECONOMIC
DEVELOPMENT.]
The department of trade and economic development shall have
a division of economic development consisting of business and
community development, the Minnesota trade office, tourism
division, information and analysis division, and administrative
support. The job skills partnership program shall be housed in
the department and shall have a policy, research, and evaluation
unit. The job skills partnership board shall provide
targeted-worker services to include the dislocated worker
program and welfare-to-work services formerly located in the
department of economic security. The board shall have a unit
providing special programs under a workforce transition services
unit.
[EFFECTIVE DATE.] This section is effective July 1,
2002 2003.
Sec. 16. [REORGANIZATION POWERS SUSPENDED.]
Notwithstanding Minnesota Statutes, section 16B.37, the
commissioner of administration may not issue a reorganization
order affecting the department of economic security until July
1, 2003.
Sec. 17. [EFFECTIVE DATE.]
Except as otherwise provided in this article, this article
is effective the day following final enactment.
ARTICLE 13
CANCELLATIONS, TRANSFERS, AND ADJUSTMENTS
Section 1. Minnesota Statutes 2000, section 16A.103,
subdivision 1a, is amended to read:
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. Expenditure estimates must not include an
allowance for inflation.
Sec. 2. Minnesota Statutes 2000, section 16A.103,
subdivision 1b, is amended to read:
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 chairs and lead minority members of the senate state
government finance committee and the house ways and means
committee, and 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.
Sec. 3. Minnesota Statutes 2000, section 16A.152,
subdivision 1, is amended to read:
Subdivision 1. [CASH FLOW ACCOUNT ESTABLISHED.] (a) A cash
flow account is created in the general fund in the state
treasury. Beginning July 1, 2003, the commissioner of finance
shall restrict part or all of the balance before reserves in the
general fund as may be necessary to fund the cash flow
account as provided by law, up to $350,000,000.
(b) The commissioner of finance shall transfer the amount
necessary to bring the total amount of the cash flow account to
$350,000,000 on July 1, 1995. The amounts restricted are
transferred to the cash flow account and shall remain in the
account until drawn down and used to meet cash flow deficiencies
resulting from uneven distribution of revenue collections and
required expenditures during a fiscal year.
Sec. 4. Minnesota Statutes 2001 Supplement, section
16A.152, subdivision 1a, is amended to read:
Subd. 1a. [BUDGET RESERVE.] A budget reserve account of
$653,000,000 is created in the general fund in the state
treasury. The commissioner of finance shall transfer to the
budget reserve account on July 1 of each odd-numbered year any
amounts specifically appropriated by law to the budget reserve.
Sec. 5. Minnesota Statutes 2001 Supplement, section
16A.152, subdivision 2, is amended to read:
Subd. 2. [ADDITIONAL REVENUES; PRIORITY.] If on the basis
of a forecast of general fund revenues and expenditures, the
commissioner of finance determines that there will be a positive
unrestricted budgetary general fund balance at the close of the
biennium, the commissioner of finance must allocate money to the
budget reserve until the total amount in the account equals the
amount set in this section $653,000,000.
The amounts necessary to meet the requirements of this
section are appropriated from the general fund within two weeks
after the forecast is released.
Sec. 6. Minnesota Statutes 2000, section 144.395,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] (a) The tobacco use prevention
and local public health endowment fund is created in the state
treasury. The state board of investment shall invest the fund
under section 11A.24. All earnings of the fund must be credited
to the fund. The principal of the fund must be maintained
inviolate, except that the principal may be used to make
expenditures from the fund for the purposes specified in this
section when the market value of the fund falls below 105
percent of the cumulative total of the tobacco settlement
payments received by the state and credited to the tobacco
settlement fund under section 16A.87, subdivision 2. For
purposes of this section, "principal" means an amount equal to
the cumulative total of the tobacco settlement payments received
by the state and credited to the tobacco settlement fund under
section 16A.87, subdivision 2.
(b) If the commissioner of finance determines that probable
receipts to the general fund will not be sufficient to meet the
need for expenditures from the general fund for a fiscal
biennium, the commissioner may use cash reserves of the tobacco
use prevention and local public health endowment fund to pay
expenses of the general fund. If cash reserves are transferred
to the general fund to meet cash flow needs, the cash flow
transfers must be returned to the endowment fund as soon as
sufficient cash balances are available in the general fund, but
in any event before the end of the fiscal biennium. Any
interest earned on cash flow transfers from the endowment fund
accrues to the endowment fund and not to the general fund.
Sec. 7. [BALANCES CANCELED TO GENERAL FUND.]
The unobligated balances in the following general fund
accounts created in the sections of Minnesota Statutes indicated
are canceled to the general fund in the fiscal years indicated:
(1) the budget reserve account, Minnesota Statutes, section
16A.152, subdivision 1a, estimated to be $653,000,000, in fiscal
year 2002;
(2) the local government aid reform account, Minnesota
Statutes, section 16A.1523, estimated to be $14,000,000, in
fiscal year 2003;
(3) the tax relief account, Minnesota Statutes, section
16A.1522, subdivision 4, estimated to be $158,148,000, in fiscal
year 2004; and
(4) $195,000,000 of the unobligated balance in the cash
flow account in Minnesota Statutes, section 16A.152, subdivision
1.
Sec. 8. [TIF GRANT FUND.]
Subdivision 1. [APPROPRIATION REDUCTION.] The
appropriations for the TIF grant account in Minnesota Statutes,
section 469.1799, subdivision 3, of $91,000,000 in fiscal year
2002 and $38,000,000 in fiscal year 2003 are canceled.
Subd. 2. [REPEALER.] Minnesota Statutes 2001 Supplement,
section 469.1799, subdivisions 1 and 3, are repealed.
Sec. 9. [TRANSFERS TO GENERAL FUND.]
Subdivision 1. [ASSIGNED RISK PLAN.] By June 30, 2002, the
commissioner of finance shall transfer $120,000,000 in assets of
the assigned risk plan created under Minnesota Statutes, section
79.252, to the general fund. $25,100,000 is appropriated from
the general fund to the commissioner of finance to fund the
settlement of the lawsuit entitled Danny's Trannys, Inc. et al.
v. State, et al., Ramsey County District Court No. C7-00-5714,
and to reimburse the tort claims account for amounts paid to
implement settlement of this lawsuit.
Subd. 2. [SPECIAL COMPENSATION FUND.] After June 1, 2003,
but no later than June 30, 2003, the commissioner of finance
shall transfer $230,000,000 in assets of the excess surplus
account of the special compensation fund created under Minnesota
Statutes, section 176.129, to the general fund.
Subd. 3. [REPEALER.] Laws 2000, chapter 447, section 25,
is repealed.
Sec. 10. [APPROPRIATIONS REDUCED AND CANCELED.]
Of the appropriations in Laws 2000, chapter 492, article 2,
to the metropolitan council for a bus transitway, the
appropriation for fiscal year 2001 is reduced to $4,000,000 and
the appropriation for fiscal year 2002 is canceled.
Sec. 11. [REPEALER.]
Minnesota Statutes 2001 Supplement, section 16A.1523, is
repealed.
Sec. 12. [EFFECTIVE DATE.]
This article is effective the day following final
enactment, except that section 6 is effective July 1, 2003.
ARTICLE 14
CONTINUING CARE AND LONG-TERM CARE
Section 1. Minnesota Statutes 2000, section 252.282,
subdivision 1, is amended to read:
Subdivision 1. [HOST COUNTY RESPONSIBILITY.] (a) For
purposes of this section, "local system needs planning" means
the determination of need for ICF/MR services by program type,
location, demographics, and size of licensed services for
persons with developmental disabilities or related conditions.
(b) This section does not apply to semi-independent living
services and residential-based habilitation services funded as
home and community-based services.
(c) In collaboration with the commissioner and ICF/MR
providers, counties shall complete a local system needs planning
process for each ICF/MR facility. Counties shall evaluate the
preferences and needs of persons with developmental disabilities
to determine resource demands through a systematic assessment
and planning process by May 15, 2000, and by July 1 every two
years thereafter beginning in 2001.
(d) A local system needs planning process shall be
undertaken more frequently when the needs or preferences of
consumers change significantly to require reformation of the
resources available to persons with developmental disabilities.
(e) A local system needs plan shall be amended anytime
recommendations for modifications to existing ICF/MR services
are made to the host county, including recommendations for:
(1) closure;
(2) relocation of services;
(3) downsizing; or
(4) rate adjustments exceeding 90 days duration to address
access; or
(5) modification of existing services for which a change in
the framework of service delivery is advocated.
Sec. 2. Minnesota Statutes 2000, section 252.282,
subdivision 3, is amended to read:
Subd. 3. [RECOMMENDATIONS.] (a) Upon completion of the
local system needs planning assessment, the host county shall
make recommendations by May 15, 2000, and by July 1 every two
years thereafter beginning in 2001. If no change is
recommended, a copy of the assessment along with corresponding
documentation shall be provided to the commissioner by July 1
prior to the contract year.
(b) Except as provided in section 252.292, subdivision 4,
recommendations regarding closures, relocations, or downsizings
that include a rate increase and recommendations regarding rate
adjustments exceeding 90 days shall be submitted to the
statewide advisory committee for review and determination, along
with the assessment, plan, and corresponding budget
documentation that supports the payment rate adjustment request.
(c) Recommendations for closures, relocations, and
downsizings that do not include a rate increase and for
modification of existing services for which a change in the
framework of service delivery is necessary shall be provided to
the commissioner by July 1 prior to the contract year or at
least 90 days prior to the anticipated change, along with the
assessment and corresponding documentation.
Sec. 3. Minnesota Statutes 2000, section 252.282,
subdivision 4, is amended to read:
Subd. 4. [STATEWIDE ADVISORY COMMITTEE.] (a) The
commissioner shall appoint a five-member statewide advisory
committee. The advisory committee shall include representatives
of providers and counties and the commissioner or the
commissioner's designee.
(b) The criteria for ranking proposals, already developed
in 1997 by a task force authorized by the legislature, shall be
adopted and incorporated into the decision-making process.
Specific guidelines, including:
(1) time frame for submission of requests;
(2) the funds appropriated by the legislature for the
purposes outlined in section 256B.5013, subdivisions 2 to 4; and
(3) state policy directions for the provision of services
to persons with developmental disabilities, shall be established
and announced through the State Register, and all requests shall
be considered in comparison to each other and the ranking
criteria. The advisory committee shall review and recommend
requests for to the commissioner for approval of facility rate
adjustments to address closures, downsizing, relocation, or
access needs within the county and shall forward recommendations
and documentation to the commissioner downsizings, or
relocations. The committee shall ensure that:
(1) applications are in compliance with applicable state
and federal law and with the state plan; and
(2) cost projections for the proposed service are within
fiscal limitations the fundings limits established by the
legislative appropriation; and
(3) their recommendations are submitted to the commissioner.
(c) The advisory committee shall review proposals and
submit recommendations to the commissioner within 60 days
following the published deadline for submission under
subdivision 5.
Sec. 4. Minnesota Statutes 2000, section 252.282,
subdivision 5, is amended to read:
Subd. 5. [RESPONSIBILITIES OF COMMISSIONER.] (a) In
collaboration with counties, providers, and the statewide
advisory committee, the commissioner shall ensure that services
recognize the preferences and needs of persons with
developmental disabilities and related conditions through a
recurring systemic review and assessment of ICF/MR facilities
within the state.
(b) The commissioner shall publish a notice in the State
Register twice each calendar year no less than biannually to
announce the opportunity for counties or providers to submit
requests for payment rate adjustments associated with plans for
downsizing, relocation, and closure of ICF/MR facilities.
(c) The commissioner shall designate funding parameters to
counties and to the statewide advisory committee for the overall
implementation of system needs within the fiscal resources
allocated by the legislature.
(d) The commissioner shall contract with ICF/MR providers.
The initial contracts shall cover the period from October 1,
2000, to December 31, 2001. Subsequent contracts shall be for
two-year periods beginning January 1, 2002.
Sec. 5. Minnesota Statutes 2000, section 256.9657,
subdivision 1, is amended to read:
Subdivision 1. [NURSING HOME LICENSE SURCHARGE.] (a)
Effective July 1, 1993, each non-state-operated nursing home
licensed under chapter 144A shall pay to the commissioner an
annual surcharge according to the schedule in subdivision 4.
The surcharge shall be calculated as $620 per licensed bed. If
the number of licensed beds is reduced, the surcharge shall be
based on the number of remaining licensed beds the second month
following the receipt of timely notice by the commissioner of
human services that beds have been delicensed. The nursing home
must notify the commissioner of health in writing when beds are
delicensed. The commissioner of health must notify the
commissioner of human services within ten working days after
receiving written notification. If the notification is received
by the commissioner of human services by the 15th of the month,
the invoice for the second following month must be reduced to
recognize the delicensing of beds. Beds on layaway status
continue to be subject to the surcharge. The commissioner of
human services must acknowledge a medical care surcharge appeal
within 30 days of receipt of the written appeal from the
provider.
(b) Effective July 1, 1994, the surcharge in paragraph (a)
shall be increased to $625.
(c) Effective August 15, 2003, the surcharge under
paragraph (b) shall be increased by an amount necessary to
ensure a net gain to the general fund of $9,620,000 during
fiscal year 2004 as a result of:
(1) the total transfers anticipated during the fiscal year
ending June 30, 2004, under section 256B.19, subdivision 1d,
paragraph (c);
(2) the county nursing home payment adjustments under
section 256B.431, subdivision 23, paragraph (c);
(3) the surcharges under this paragraph; and
(4) the nursing facility rate increases under section
256B.431, subdivision 37.
The increase under this paragraph shall not exceed $365 per bed.
(d) Effective August 15, 2004, the surcharge under
paragraph (c) shall be equal to an amount necessary to ensure a
net gain to the general fund each fiscal year of $10,228,000 as
a result of:
(1) the total transfers anticipated during the fiscal year
under section 256B.19, subdivision 1d, paragraph (c);
(2) the county nursing home payment adjustments under
section 256B.431, subdivision 23, paragraph (c);
(3) the surcharges under this paragraph; and
(4) the nursing facility rate increases under section
256B.431, subdivision 37.
The surcharge under this paragraph shall not exceed $365 per bed.
Sec. 6. Minnesota Statutes 2000, section 256B.0916,
subdivision 5, is amended to read:
Subd. 5. [ALLOCATION OF NEW DIVERSIONS AND PRIORITIES FOR
REASSIGNMENT OF RESOURCES AND APPROVAL OF INCREASED CAPACITY FOR
THE HOME AND COMMUNITY-BASED WAIVER FOR PERSONS WITH MENTAL
RETARDATION OR RELATED CONDITIONS.] In order to maximize the
number of persons served with waiver funds, (a) The commissioner
shall monitor county utilization of allocated resources and, as
appropriate, reassign resources not utilized and approve
increased capacity within available county allocations.
(b) Effective July 1, 2002, the commissioner shall
authorize the spending of new diversion resources beginning
January 1 of each year.
(c) Effective July 1, 2002, the commissioner shall manage
the reassignment of waiver resources that occur from persons who
have left the waiver in a manner that results in the cost
reduction equivalent to delaying the reuse of those waiver
resources by 180 days.
(d) Priority consideration for reassignment of resources
and approval of increased capacity shall be given to counties
with sufficient capacity and counties that form partnerships.
In addition to the priorities listed in Minnesota Rules, part
9525.1880, the commissioner shall also give priority
consideration to persons whose living situations are unstable
due to the age or incapacity of the primary caregiver and to
children to avoid out-of-home placement.
Sec. 7. Minnesota Statutes 2000, section 256B.19,
subdivision 1, is amended to read:
Subdivision 1. [DIVISION OF COST.] The state and county
share of medical assistance costs not paid by federal funds
shall be as follows:
(1) ninety percent state funds and ten percent county
funds, unless otherwise provided below;
(2) beginning January 1, 1992, 50 percent state funds and
50 percent county funds for the cost of placement of severely
emotionally disturbed children in regional treatment centers;
and
(3) beginning January 1, 2003, 80 percent state funds and
20 percent county funds for the costs of nursing facility
placements of persons with disabilities under the age of 65 that
have exceeded 90 days.
For counties that participate in a Medicaid demonstration
project under sections 256B.69 and 256B.71, the division of the
nonfederal share of medical assistance expenses for payments
made to prepaid health plans or for payments made to health
maintenance organizations in the form of prepaid capitation
payments, this division of medical assistance expenses shall be
95 percent by the state and five percent by the county of
financial responsibility.
In counties where prepaid health plans are under contract
to the commissioner to provide services to medical assistance
recipients, the cost of court ordered treatment ordered without
consulting the prepaid health plan that does not include
diagnostic evaluation, recommendation, and referral for
treatment by the prepaid health plan is the responsibility of
the county of financial responsibility.
Sec. 8. Minnesota Statutes 2000, section 256B.19,
subdivision 1d, is amended to read:
Subd. 1d. [PORTION OF NONFEDERAL SHARE TO BE PAID BY
CERTAIN COUNTIES.] (a) In addition to the percentage
contribution paid by a county under subdivision 1, the
governmental units designated in this subdivision shall be
responsible for an additional portion of the nonfederal share of
medical assistance cost. For purposes of this subdivision,
"designated governmental unit" means the counties of Becker,
Beltrami, Clearwater, Cook, Dodge, Hubbard, Itasca, Lake,
Pennington, Pipestone, Ramsey, St. Louis, Steele, Todd,
Traverse, and Wadena.
(b) Beginning in 1994, each of the governmental units
designated in this subdivision shall transfer before noon on May
31 to the state Medicaid agency an amount equal to the number of
licensed beds in any nursing home owned and operated by the
county, with the county named as licensee, multiplied by $5,723.
If two or more counties own and operate a nursing home, the
payment shall be prorated. These sums shall be part of the
designated governmental unit's portion of the nonfederal share
of medical assistance costs, but shall not be subject to payback
provisions of section 256.025.
(c) Beginning in 2002, in addition to any transfer under
paragraph (b), each of the governmental units designated in this
subdivision shall transfer before noon on May 31 to the state
Medicaid agency an amount equal to the number of licensed beds
in any nursing home owned and operated by the county on that
date, with the county named as licensee, multiplied by $10,784.
The provisions of paragraph (b) apply to transfers under this
paragraph.
(d) The commissioner may reduce the intergovernmental
transfers under paragraph (c) based on the commissioner's
determination of the payment rate in section 256B.431,
subdivision 23, paragraphs (c) and (d). Any adjustments must be
made on a per-bed basis and must result in an amount equivalent
to the total amount resulting from the rate adjustment in
section 256B.431, subdivision 23, paragraphs (c) and (d).
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 9. Minnesota Statutes 2000, section 256B.431,
subdivision 23, is amended to read:
Subd. 23. [COUNTY NURSING HOME PAYMENT ADJUSTMENTS.] (a)
Beginning in 1994, the commissioner shall pay a nursing home
payment adjustment on May 31 after noon to a county in which is
located a nursing home that, as of January 1 of the previous
year, was county-owned and operated, with the county named as
licensee by the commissioner of health, and had over 40 beds and
medical assistance occupancy in excess of 50 percent during the
reporting year ending September 30, 1991. The adjustment shall
be an amount equal to $16 per calendar day multiplied by the
number of beds licensed in the facility as of September 30, 1991.
(b) Payments under paragraph (a) are excluded from medical
assistance per diem rate calculations. These payments are
required notwithstanding any rule prohibiting medical assistance
payments from exceeding payments from private pay residents. A
facility receiving a payment under paragraph (a) may not
increase charges to private pay residents by an amount
equivalent to the per diem amount payments under paragraph (a)
would equal if converted to a per diem.
(c) Beginning in 2002, in addition to any payment under
paragraph (a), the commissioner shall pay to a nursing facility
described in paragraph (a) an adjustment in an amount equal to
$29.55 per calendar day multiplied by the number of beds
licensed in the facility on that date. The provisions of
paragraphs (a) and (b) apply to payments under this paragraph.
(d) The commissioner may reduce payments under paragraph (c)
based on the commissioner's determination of Medicare upper
payment limits. Any adjustments must be proportional to
adjustments made under section 256B.19, subdivision 1d,
paragraph (d).
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 10. Minnesota Statutes 2000, section 256B.431, is
amended by adding a subdivision to read:
Subd. 37. [NURSING HOME RATE INCREASES EFFECTIVE JULY 1,
2003.] For rate years beginning on or after July 1, 2003, the
commissioner shall provide to each nursing home reimbursed under
this section or section 256B.434 an increase in each case mix
payment rate equal to the increase in the per-bed surcharge paid
under section 256.9657, subdivision 1, paragraph (c) or (d),
divided by 365 and further divided by .80. The increase under
this subdivision shall be added following the determination of
the payment rate for the home under this chapter. The increase
shall not be subject to any annual percentage increase.
Sec. 11. Minnesota Statutes 2001 Supplement, section
256B.437, subdivision 2, is amended to read:
Subd. 2. [PLANNING AND DEVELOPMENT OF COMMUNITY-BASED
SERVICES.] (a) The commissioner of human services shall
establish a process to adjust the capacity and distribution of
long-term care services to equalize the supply and demand for
different types of services. This process must include
community planning, expansion or establishment of needed
services, and analysis of voluntary nursing facility closures.
(b) The purpose of this process is to support the planning
and development of community-based services. This process must
support early intervention, advocacy, and consumer protection
while providing resources and incentives for expanded county
planning and for nursing facilities to transition to meet
community needs.
(c) The process shall support and facilitate expansion of
community-based services under the county-administered
alternative care program under section 256B.0913 and waivers for
elderly under section 256B.0915, including, but not limited to,
the development of supportive services such as housing and
transportation. The process shall utilize community assessments
and planning developed for the community health services plan
and plan update and for the community social services act plan,
and other relevant information.
(d) The commissioners of health and human services, as
appropriate, shall provide, by July 15, 2001, available data
necessary for the county, including, but not limited to, data on
nursing facility bed distribution, housing with services
options, the closure of nursing facilities that occur outside of
the planned closure process, and approval of planned closures in
the county and contiguous counties.
(e) Each county shall submit to the commissioner of human
services, by October 15, 2001, a gaps analysis that identifies
local service needs, pending development of services, and any
other issues that would contribute to or impede further
development of community-based services. The gaps analysis must
also be sent to the local area agency on aging and, if
applicable, local SAIL projects, for review and comment. The
review and comment must assess needs across county boundaries.
The area agencies on aging and SAIL projects must provide the
commissioner and the counties with their review and analyses by
November 15, 2001.
(f) The addendum to the biennial plan shall be submitted
annually biennially, beginning December 31, 2001, and each
December 31 every other year thereafter in accordance with the
Community Social Services Act plan timeline, and shall include
recommendations for development of community-based
services. Area agencies on aging and SAIL projects must provide
the commissioner and the counties with their review and analyses
within 60 days following the Community Social Services Act plan
submission date. Both planning and implementation shall be
implemented within the amount of funding made available to the
county board for these purposes.
(g) The plan, within the funding allocated, shall:
(1) include the gaps analysis required by paragraph (e);
(2) involve providers, consumers, cities, townships,
businesses, and area agencies on aging in the planning process;
(3) address the availability of alternative care and
elderly waiver services for eligible recipients;
(4) address the development of other supportive services,
such as transit, housing, and workforce and economic
development; and
(5) estimate the cost and timelines for development.
(h) The biennial plan addendum shall be coordinated with
the county mental health plan for inclusion in the community
health services plan and included as an addendum to the
community social services plan.
(i) The county board having financial responsibility for
persons present in another county shall cooperate with that
county for planning and development of services.
(j) The county board shall cooperate in planning and
development of community-based services with other counties, as
necessary, and coordinate planning for long-term care services
that involve more than one county, within the funding allocated
for these purposes.
(k) The commissioners of health and human services, in
cooperation with county boards, shall report biennially to the
legislature by February 1 of each year, beginning February 1,
2002, regarding the development of community-based services,
transition or closure of nursing facilities, and specific gaps
in services in identified geographic areas that may require
additional resources or flexibility, as documented by the
process in this subdivision and reported to the commissioners by
December 31 of each year.
Sec. 12. Minnesota Statutes 2001 Supplement, section
256B.439, subdivision 1, is amended to read:
Subdivision 1. [DEVELOPMENT AND IMPLEMENTATION OF QUALITY
PROFILES.] (a) The commissioner of human services, in
cooperation with the commissioner of health, shall develop and
implement a quality profile system for nursing facilities and,
beginning not later than July 1, 2003 2004, other providers of
long-term care services, except when the quality profile system
would duplicate requirements under section 256B.5011, 256B.5012,
or 256B.5013. The system must be developed and implemented to
the extent possible without the collection of significant
amounts of new data. To the extent possible, the system must
incorporate or be coordinated with information on quality
maintained by area agencies on aging, long-term care trade
associations, and other entities. The system must be designed
to provide information on quality to:
(1) consumers and their families to facilitate informed
choices of service providers;
(2) providers to enable them to measure the results of
their quality improvement efforts and compare quality
achievements with other service providers; and
(3) public and private purchasers of long-term care
services to enable them to purchase high-quality care.
(b) The system must be developed in consultation with the
long-term care task force, area agencies on aging, and
representatives of consumers, providers, and labor unions.
Within the limits of available appropriations, the commissioners
may employ consultants to assist with this project.
Sec. 13. Minnesota Statutes 2001 Supplement, section
256B.439, subdivision 4, is amended to read:
Subd. 4. [DISSEMINATION OF QUALITY PROFILES.] By July
1, 2002 2003, the commissioners shall implement a system to
disseminate the quality profiles developed from consumer surveys
using the quality measurement tool. Profiles may be
disseminated to the Senior LinkAge line and to consumers,
providers, and purchasers of long-term care services through all
feasible printed and electronic outlets. The commissioners may
conduct a public awareness campaign to inform potential users
regarding profile contents and potential uses.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 14. Minnesota Statutes 2001 Supplement, section
256B.5013, subdivision 1, is amended to read:
Subdivision 1. [VARIABLE RATE ADJUSTMENTS.] (a) For rate
years beginning on or after October 1, 2000, when there is a
documented increase in the resource needs of a current ICF/MR
recipient or recipients, or a person is admitted to a facility
who requires additional resources, the county of financial
responsibility may recommend approval of a variable rate to
enable the facility to meet the individual's increased needs.
Variable rate adjustments made under this subdivision replace
payments for persons with special needs under section 256B.501,
subdivision 8, and payments for persons with special needs for
crisis intervention services under section 256B.501, subdivision
8a. Resource needs directly attributable to an individual that
may be considered under the variable rate adjustment include
increased direct staff hours, other specialized services, and
equipment. The guidelines in paragraphs (a) to (d) apply for
the payment rate adjustments under this section. Facilities
with a base rate above the 50th percentile of the statewide
average reimbursement rate for a Class A facility or Class B
facility, whichever matches the facility licensure, are not
eligible for a variable rate adjustment. Variable rate
adjustments may not exceed a 12-month period, except when
approved for purposes established in paragraph (b), clause (1).
Variable rate adjustments approved solely on the basis of
changes on a developmental disabilities screening document will
end June 30, 2002.
(a) All persons must be screened according to section
256B.092, subdivisions 7 and 8, prior to implementation of the
new payment system, and annually thereafter, and when a variable
rate is being requested due to changes in the needs of the
recipient. Screening data shall be used to monitor changes as
follows:
(1) the functional ability of a recipient to care for and
maintain the recipient's own basic needs;
(2) the intensity of any aggressive or destructive
behavior; and
(3) any history of obstructive behavior in combination with
a diagnosis of psychosis or neurosis.
(b) A variable rate may be recommended by the county of
financial responsibility for increased service needs such as in
the following situations:
(1) a need for resources due to a change in resident day
program participation because the resident an individual's full
or partial retirement from participation in a day training and
habilitation service when the individual: (i) has reached the
age of 65 or has a change in health condition that makes it
difficult for the person to participate in day training and
habilitation services over an extended period of time because it
is medically contraindicated; and (ii) has expressed a desire
for change through the mental retardation and related conditions
screening process under section 256B.092; and
(2) a need for additional resources for intensive
short-term programming which is necessary prior to a recipient's
an individual's discharge to a less restrictive, more integrated
setting.;
Recommendations for a variable rate shall be used to link
resource needs to funding. The variable rate must be applied to
expenses related to increased direct staff hours, other
specialized services, and equipment.
(c) A recipient must be screened by the county of financial
responsibility using the developmental disabilities screening
document completed immediately prior to approval of a variable
rate by the county. A comparison of the updated screening and
the previous screening must demonstrate an increase in resource
needs.
(d) Rate adjustments projected to exceed the authorized
funding level associated with the person's profile must be
submitted to the commissioner.
(3) a demonstrated medical need that significantly impacts
the type or amount of services needed by the individual; or
(4) a demonstrated behavioral need that significantly
impacts the type or amount of services needed by the individual.
(e) (c) The county of financial responsibility must
indicate justify the purpose, the projected length of time that,
and the additional funding may be needed for the facility to
meet the needs of the individual. The need to continue an
individual variable rate must be reviewed at the end of the
anticipated duration of need but at least annually through the
completion of the developmental disabilities screening document.
(d) The facility shall provide a quarterly report to the
county case manager on the use of the variable rate funds and
the status of the individual on whose behalf the funds were
approved. The county case manager will forward the facility's
report with a recommendation to the commissioner to approve or
disapprove a continuation of the variable rate.
(e) Funds made available through the variable rate process
that are not used by the facility to meet the needs of the
individual for whom they were approved shall be returned to the
state.
Sec. 15. Minnesota Statutes 2000, section 256B.5013,
subdivision 2, is amended to read:
Subd. 2. [OTHER PAYMENT RATE ADJUSTMENTS.] Facility total
payment rates may be adjusted by the commissioner following the
recommendation of both the host county, with authorization from
a and the statewide advisory committee, if, through the local
system needs planning process, it is determined that a need
exists to amend the package of purchased services with a
resulting increase or decrease in costs. Except as provided in
section 252.292, subdivision 4, if a provider demonstrates that
the loss of revenues caused by the downsizing or closure of a
facility cannot be absorbed by the facility based on current
operations, the host county or the provider may submit a request
to the statewide advisory committee for a facility base rate
adjustment. Funds for this purpose are limited to those made
available through a legislative appropriation and published in
the State Register notice required by section 252.282,
subdivision 5.
Sec. 16. Minnesota Statutes 2000, section 256B.5013,
subdivision 4, is amended to read:
Subd. 4. [TEMPORARY RATE ADJUSTMENTS TO ADDRESS OCCUPANCY
AND ACCESS.] If a facility is operating at less than 100 percent
occupancy on September 30, 2000, or if a recipient is discharged
from a facility, Beginning July 1, 2002, the commissioner shall
adjust the total payment rate for up to 90 75 days for the
remaining recipients for facilities in which the monthly
occupancy rate of licensed beds is 75 percent or greater. This
mechanism shall not be used to pay for hospital or therapeutic
leave days beyond the maximums allowed. Facility payment
adjustments exceeding 90 days to address a demonstrated need for
access must be submitted to the statewide advisory committee
with a local system needs assessment, plan, and budget for
review and recommendation.
Sec. 17. Minnesota Statutes 2000, section 256B.5013,
subdivision 5, is amended to read:
Subd. 5. [REQUIRED OCCUPANCY DATA; PAYMENT ADJUSTMENTS.]
Facilities shall maintain and submit monthly occupancy bed use
data in the form of resident days and variable rate
information. When a variable rate is reported by a facility,
monthly bed use data shall be used to track the amount and time
span of the rate adjustment. The total payments made to a
facility may be adjusted based on concurrent changes in the
needs of recipients that are covered by a variable rate
adjustment. Any adjustment for multiple resident changes shall
not result in a decrease to the facility base rate by client and
report this data monthly in a format determined by the
commissioner.
Sec. 18. Minnesota Statutes 2000, section 256B.5013,
subdivision 6, is amended to read:
Subd. 6. [COMMISSIONER REVIEW COMMISSIONER'S
RESPONSIBILITIES.] During the initial contracting period, The
commissioner shall review the process of variable rate
adjustments to determine if the variable rate process is being
effectively implemented and whether the variable rate process
minimizes unnecessary detailed recordkeeping and meets recipient
needs.:
(1) make a determination to approve, deny, or modify a
request for a variable rate adjustment within 30 days of the
receipt of the completed application;
(2) notify the ICF/MR facility and county case manager of
the duration and conditions of variable rate adjustment
approvals;
(3) modify MMIS II service agreements to reimburse ICF/MR
facilities for approved variable rates;
(4) provide notification of legislatively appropriated
funding for facility closures, downsizings, and relocations;
(5) assess the fiscal impacts of the proposals for
closures, downsizings, and relocations forwarded for
consideration through the state advisory committee; and
(6) review the payment rate process on a biannual basis and
make recommendations to the legislature for necessary
adjustments to the review and approval process.
Sec. 19. Laws 2001, First Special Session chapter 9,
article 5, section 35, is amended to read:
Sec. 35. [DEVELOPMENT OF NEW NURSING FACILITY
REIMBURSEMENT SYSTEM.]
(a) The commissioner of human services shall develop and
report to the legislature by January 15, 2003 2004, a system to
replace the current nursing facility reimbursement system
established under Minnesota Statutes, sections 256B.431,
256B.434, and 256B.435.
(b) The system must be developed in consultation with the
long-term care task force and with representatives of consumers,
providers, and labor unions. Within the limits of available
appropriations, the commissioner may employ consultants to
assist with this project.
(c) The new reimbursement system must:
(1) provide incentives to enhance quality of life and
quality of care;
(2) recognize cost differences in the care of different
types of populations, including subacute care and dementia care;
(3) establish rates that are sufficient without being
excessive;
(4) be affordable for the state and for private-pay
residents;
(5) be sensitive to changing conditions in the long-term
care environment;
(6) avoid creating access problems related to insufficient
funding;
(7) allow providers maximum flexibility in their business
operations;
(8) recognize the need for capital investment to improve
physical plants; and
(9) provide incentives for the development and use of
private rooms.
(d) Notwithstanding Minnesota Statutes, section 256B.435,
the commissioner must not implement a performance-based
contracting system for nursing facilities prior to July 1, 2003
2004. The commissioner shall continue to reimburse nursing
facilities under Minnesota Statutes, section 256B.431 or
256B.434, until otherwise directed by law.
(e) The commissioner of human services, in consultation
with the commissioner of health, shall conduct or contract for a
time study to determine staff time being spent on various case
mix categories; recommend adjustments to the case mix weights
based on the time study data; and determine whether current
staffing standards are adequate for providing quality care based
on professional best practice and consumer experience. If the
commissioner determines the current standards are inadequate,
the commissioner shall determine an appropriate staffing
standard for the various case mix categories and the financial
implications of phasing into this standard over the next four
years.
Sec. 20. [REPEALER.]
Minnesota Statutes 2000, section 256B.0916, subdivision 1,
is repealed.
ARTICLE 15
HEALTH CARE
Section 1. Minnesota Statutes 2000, section 62J.692,
subdivision 4, is amended to read:
Subd. 4. [DISTRIBUTION OF FUNDS.] (a) The commissioner
shall annually distribute medical education funds to all
qualifying applicants based on the following criteria:
(1) total medical education funds available for
distribution;
(2) total number of eligible trainee FTEs in each clinical
medical education program; and
(3) the statewide average cost per trainee as determined by
the application information provided in the first year of the
biennium, by type of trainee, in each clinical medical education
program.
(b) Funds distributed shall not be used to displace current
funding appropriations from federal or state sources.
(c) Funds shall be distributed to the sponsoring
institutions indicating the amount to be distributed to each of
the sponsor's clinical medical education programs based on the
criteria in this subdivision and in accordance with the
commissioner's approval letter. Each clinical medical education
program must distribute funds to the training sites as specified
in the commissioner's approval letter. Sponsoring institutions,
which are accredited through an organization recognized by the
department of education or the health care financing
administration, may contract directly with training sites to
provide clinical training. To ensure the quality of clinical
training, those accredited sponsoring institutions must:
(1) develop contracts specifying the terms, expectations,
and outcomes of the clinical training conducted at sites; and
(2) take necessary action if the contract requirements are
not met. Action may include the withholding of payments under
this section or the removal of students from the site.
(d) Any funds not distributed in accordance with the
commissioner's approval letter must be returned to the medical
education and research fund within 30 days of receiving notice
from the commissioner. The commissioner shall distribute
returned funds to the appropriate training sites in accordance
with the commissioner's approval letter.
(e) The commissioner shall distribute no later than June 30
of each year an amount equal to the funds transferred under
section 62J.694, subdivision 2a, paragraph (b), plus interest at
a rate equal to the average earnings paid under section 62J.694,
subdivision 2a, to the University of Minnesota board of regents
for the costs of the academic health center as specified under
section 62J.694, subdivision 2a, paragraph (a).
Sec. 2. Minnesota Statutes 2001 Supplement, section
62J.692, subdivision 7, is amended to read:
Subd. 7. [TRANSFERS FROM THE COMMISSIONER OF HUMAN
SERVICES.] (a) The amount transferred according to section
256B.69, subdivision 5c, paragraph (a), clause (1), shall be
distributed by the commissioner to clinical medical education
programs that meet the qualifications of subdivision 3 based on
a distribution formula that reflects a summation of two factors:
(1) an education factor, which is determined by the total
number of eligible trainee FTEs and the total statewide average
costs per trainee, by type of trainee, in each clinical medical
education program; and
(2) a public program volume factor, which is determined by
the total volume of public program revenue received by each
training site as a percentage of all public program revenue
received by all training sites in the fund pool created under
this subdivision.
In this formula, the education factor shall be weighted at
50 percent and the public program volume factor shall be
weighted at 50 percent.
Public program revenue for the distribution formula shall
include revenue from medical assistance, prepaid medical
assistance, general assistance medical care, and prepaid general
assistance medical care. Training sites that receive no public
program revenue shall be ineligible for funds available under
this paragraph.
(b) Fifty percent of the amount transferred according to
section 256B.69, subdivision 5c, paragraph (a), clause (2),
shall be distributed by the commissioner to the University of
Minnesota board of regents for the purposes described in
sections 137.38 to 137.40. Of the remaining amount transferred
according to section 256B.69, subdivision 5c, paragraph (a),
clause (2), 24 percent of the amount shall be distributed by the
commissioner to the Hennepin County Medical Center for clinical
medical education. The remaining 26 percent of the amount
transferred shall be distributed by the commissioner in
accordance with subdivision 7a. If the federal approval is not
obtained for the matching funds under section 256B.69,
subdivision 5c, paragraph (a), clause (2), 100 percent of the
amount transferred under this paragraph shall be distributed by
the commissioner to the University of Minnesota board of regents
for the purposes described in sections 137.38 to 137.40.
(c) The amount transferred according to section 256B.69,
subdivision 5c, paragraph (a), clause (3), shall be distributed
by the commissioner upon receipt to the University of Minnesota
board of regents for the purposes of clinical graduate medical
education.
Sec. 3. Minnesota Statutes 2001 Supplement, section
62J.694, subdivision 2a, is amended to read:
Subd. 2a. [EXPENDITURE; ACADEMIC HEALTH CENTER ACCOUNT.]
(a) Beginning in January 2002, up to five percent of the fair
market value of the academic health center account is annually
appropriated to the board of regents for the costs of the
academic health center. Appropriations are to be transferred
quarterly and may only be used for instructional costs of health
professional programs at the academic health center and for
interdisciplinary academic initiatives within the academic
health center, except as specified in paragraph (b).
(b) Of the amount appropriated under paragraph (a),
$4,850,000 shall be transferred annually to the commissioner of
health no later than April 15 of each year for distribution
under section 62J.692, subdivision 4.
Sec. 4. Minnesota Statutes 2001 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 or a Minnesota tribal social services
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 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) Have the authority to administer the federal drug
rebate program for drugs purchased under the medical assistance
program as allowed by section 1927 of title XIX of the Social
Security Act and according to the terms and conditions of
section 1927. Rebates shall be collected for all drugs that
have been dispensed or administered in an outpatient setting and
that are from manufacturers who have signed a rebate agreement
with the United States Department of Health and Human Services.
(23) Have the authority to administer a supplemental drug
rebate program for drugs purchased under the medical assistance
program and under the prescription drug program established in
section 256.955. The commissioner may enter into supplemental
rebate contracts with pharmaceutical manufacturers and may
require prior authorization for drugs that are from
manufacturers that have not signed a supplemental rebate
contract. Prior authorization of drugs shall be subject to the
provisions of section 256B.0625, subdivision 13, paragraph (b).
(24) 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.
(24) (25) 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.
(25) (26) Incorporate cost reimbursement claims from First
Call Minnesota and Greater Twin Cities United Way 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 and Greater Twin
Cities United Way according to normal department payment
schedules.
(26) (27) 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. 5. Minnesota Statutes 2001 Supplement, section
256.969, subdivision 3a, is amended to read:
Subd. 3a. [PAYMENTS.] (a) Acute care hospital billings
under the medical assistance program must not be submitted until
the recipient is discharged. However, the commissioner shall
establish monthly interim payments for inpatient hospitals that
have individual patient lengths of stay over 30 days regardless
of diagnostic category. Except as provided in section 256.9693,
medical assistance reimbursement for treatment of mental illness
shall be reimbursed based on diagnostic classifications.
Individual hospital payments established under this section and
sections 256.9685, 256.9686, and 256.9695, in addition to third
party and recipient liability, for discharges occurring during
the rate year shall not exceed, in aggregate, the charges for
the medical assistance covered inpatient services paid for the
same period of time to the hospital. This payment limitation
shall be calculated separately for medical assistance and
general assistance medical care services. The limitation on
general assistance medical care shall be effective for
admissions occurring on or after July 1, 1991. Services that
have rates established under subdivision 11 or 12, must be
limited separately from other services. After consulting with
the affected hospitals, the commissioner may consider related
hospitals one entity and may merge the payment rates while
maintaining separate provider numbers. The operating and
property base rates per admission or per day shall be derived
from the best Medicare and claims data available when rates are
established. The commissioner shall determine the best Medicare
and claims data, taking into consideration variables of recency
of the data, audit disposition, settlement status, and the
ability to set rates in a timely manner. The commissioner shall
notify hospitals of payment rates by December 1 of the year
preceding the rate year. The rate setting data must reflect the
admissions data used to establish relative values. Base year
changes from 1981 to the base year established for the rate year
beginning January 1, 1991, and for subsequent rate years, shall
not be limited to the limits ending June 30, 1987, on the
maximum rate of increase under subdivision 1. The commissioner
may adjust base year cost, relative value, and case mix index
data to exclude the costs of services that have been
discontinued by the October 1 of the year preceding the rate
year or that are paid separately from inpatient services.
Inpatient stays that encompass portions of two or more rate
years shall have payments established based on payment rates in
effect at the time of admission unless the date of admission
preceded the rate year in effect by six months or more. In this
case, operating payment rates for services rendered during the
rate year in effect and established based on the date of
admission shall be adjusted to the rate year in effect by the
hospital cost index.
(b) For fee-for-service admissions occurring on or after
July 1, 2002, the total payment, before third-party liability
and spenddown, made to hospitals for inpatient services is
reduced by .5 percent from the current statutory rates.
Sec. 6. Minnesota Statutes 2001 Supplement, section
256B.056, subdivision 3, is amended to read:
Subd. 3. [ASSET LIMITATIONS FOR ELDERLY AND DISABLED
INDIVIDUALS.] To be eligible for medical assistance, a person
must not individually own more than $3,000 in assets, or if a
member of a household with two family members, husband and wife,
or parent and child, the household must not own more than $6,000
in assets, plus $200 for each additional legal dependent. In
addition to these maximum amounts, an eligible individual or
family may accrue interest on these amounts, but they must be
reduced to the maximum at the time of an eligibility
redetermination. The accumulation of the clothing and personal
needs allowance according to section 256B.35 must also be
reduced to the maximum at the time of the eligibility
redetermination. The value of assets that are not considered in
determining eligibility for medical assistance is the value of
those assets excluded under the supplemental security income
program for aged, blind, and disabled persons, with the
following exceptions:
(a) Household goods and personal effects are not considered.
(b) Capital and operating assets of a trade or business
that the local agency determines are necessary to the person's
ability to earn an income are not considered.
(c) Motor vehicles are excluded to the same extent excluded
by the supplemental security income program.
(d) Assets designated as burial expenses are excluded to
the same extent excluded by the supplemental security income
program. Burial expenses funded by annuity contracts or life
insurance policies must irrevocably designate the individual's
estate as contingent beneficiary to the extent proceeds are not
used for payment of selected burial expenses.
(e) Effective upon federal approval, for a person who no
longer qualifies as an employed person with a disability due to
loss of earnings, assets allowed while eligible for medical
assistance under section 256B.057, subdivision 9, are not
considered for 12 months, beginning with the first month of
ineligibility as an employed person with a disability, to the
extent that the person's total assets remain within the allowed
limits of section 256B.057, subdivision 9, paragraph (b).
Sec. 7. Minnesota Statutes 2000, section 256B.059,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section and section 256B.0595, the terms defined in this
subdivision have the meanings given them.
(b) "Community spouse" means the spouse of an
institutionalized spouse.
(c) "Spousal share" means one-half of the total value of
all assets, to the extent that either the institutionalized
spouse or the community spouse had an ownership interest at the
time of institutionalization.
(d) "Assets otherwise available to the community spouse"
means assets individually or jointly owned by the community
spouse, other than assets excluded by subdivision 5, paragraph
(c).
(e) "Community spouse asset allowance" is the value of
assets that can be transferred under subdivision 3.
(f) "Institutionalized spouse" means a person who is:
(1) in a hospital, nursing facility, or intermediate care
facility for persons with mental retardation, or receiving home
and community-based services under section 256B.0915 or 256B.49,
and is expected to remain in the facility or institution or
receive the home and community-based services for at least 30
consecutive days; and
(2) married to a person who is not in a hospital, nursing
facility, or intermediate care facility for persons with mental
retardation, and is not receiving home and community-based
services under section 256B.0915 or 256B.49.
(g) "For the sole benefit of" means no other individual or
entity can benefit in any way from the assets or income at the
time of a transfer or at any time in the future.
Sec. 8. Minnesota Statutes 2000, section 256B.059,
subdivision 3, is amended to read:
Subd. 3. [COMMUNITY SPOUSE ASSET ALLOWANCE.] An
institutionalized spouse may transfer assets to the community
spouse solely for the sole benefit of the community spouse.
Except for increased amounts allowable under subdivision 4, the
maximum amount of assets allowed to be transferred is the amount
which, when added to the assets otherwise available to the
community spouse, is as follows:
(1) prior to July 1, 1994, the greater of:
(i) $14,148;
(ii) the lesser of the spousal share or $70,740; or
(iii) the amount required by court order to be paid to the
community spouse; and
(2) for persons whose date of initial determination of
eligibility for medical assistance following their first
continuous period of institutionalization occurs on or after
July 1, 1994, the greater of:
(i) $20,000;
(ii) the lesser of the spousal share or $70,740; or
(iii) the amount required by court order to be paid to the
community spouse.
If the assets available to the community spouse are already
at the limit permissible under this section, or the higher limit
attributable to increases under subdivision 4, no assets may be
transferred from the institutionalized spouse to the community
spouse. The transfer must be made as soon as practicable after
the date the institutionalized spouse is determined eligible for
medical assistance, or within the amount of time needed for any
court order required for the transfer. On January 1, 1994, and
every January 1 thereafter, the limits in this subdivision shall
be adjusted by the same percentage change in the consumer price
index for all urban consumers (all items; United States city
average) between the two previous Septembers. These adjustments
shall also be applied to the limits in subdivision 5.
Sec. 9. Minnesota Statutes 2000, section 256B.059,
subdivision 5, is amended to read:
Subd. 5. [ASSET AVAILABILITY.] (a) At the time of initial
determination of eligibility for medical assistance benefits
following the first continuous period of institutionalization on
or after October 1, 1989, assets considered available to the
institutionalized spouse shall be the total value of all assets
in which either spouse has an ownership interest, reduced by the
following amount for the community spouse:
(1) prior to July 1, 1994, the greater of:
(i) $14,148;
(ii) the lesser of the spousal share or $70,740; or
(iii) the amount required by court order to be paid to the
community spouse;
(2) for persons whose date of initial determination of
eligibility for medical assistance following their first
continuous period of institutionalization occurs on or after
July 1, 1994, the greater of:
(i) $20,000;
(ii) the lesser of the spousal share or $70,740; or
(iii) the amount required by court order to be paid to the
community spouse.
The value of assets transferred for the sole benefit of the
community spouse under section 256B.0595, subdivision 4, in
combination with other assets available to the community spouse
under this section, cannot exceed the limit for the community
spouse asset allowance determined under subdivision 3 or 4.
Assets that exceed this allowance shall be considered available
to the institutionalized spouse whether or not converted to
income. If the community spouse asset allowance has been
increased under subdivision 4, then the assets considered
available to the institutionalized spouse under this subdivision
shall be further reduced by the value of additional amounts
allowed under subdivision 4.
(b) An institutionalized spouse may be found eligible for
medical assistance even though assets in excess of the allowable
amount are found to be available under paragraph (a) if the
assets are owned jointly or individually by the community
spouse, and the institutionalized spouse cannot use those assets
to pay for the cost of care without the consent of the community
spouse, and if: (i) the institutionalized spouse assigns to the
commissioner the right to support from the community spouse
under section 256B.14, subdivision 3; (ii) the institutionalized
spouse lacks the ability to execute an assignment due to a
physical or mental impairment; or (iii) the denial of
eligibility would cause an imminent threat to the
institutionalized spouse's health and well-being.
(c) After the month in which the institutionalized spouse
is determined eligible for medical assistance, during the
continuous period of institutionalization, no assets of the
community spouse are considered available to the
institutionalized spouse, unless the institutionalized spouse
has been found eligible under paragraph (b).
(d) Assets determined to be available to the
institutionalized spouse under this section must be used for the
health care or personal needs of the institutionalized spouse.
(e) For purposes of this section, assets do not include
assets excluded under the supplemental security income program.
[EFFECTIVE DATE.] This section is effective July 1, 2002.
Sec. 10. Minnesota Statutes 2001 Supplement, section
256B.0595, subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED TRANSFERS.] (a) For transfers
of assets made on or before August 10, 1993, if a person or the
person's spouse has given away, sold, or disposed of, for less
than fair market value, any asset or interest therein, except
assets other than the homestead that are excluded under the
supplemental security program, within 30 months before or any
time after the date of institutionalization if the person has
been determined eligible for medical assistance, or within 30
months before or any time after the date of the first approved
application for medical assistance if the person has not yet
been determined eligible for medical assistance, the person is
ineligible for long-term care services for the period of time
determined under subdivision 2.
(b) Effective for transfers made after August 10, 1993, a
person, a person's spouse, or any person, court, or
administrative body with legal authority to act in place of, on
behalf of, at the direction of, or upon the request of the
person or person's spouse, may not give away, sell, or dispose
of, for less than fair market value, any asset or interest
therein, except assets other than the homestead that are
excluded under the supplemental security income program, for the
purpose of establishing or maintaining medical assistance
eligibility. For purposes of determining eligibility for
long-term care services, any transfer of such assets within 36
months before or any time after an institutionalized person
applies for medical assistance, or 36 months before or any time
after a medical assistance recipient becomes institutionalized,
for less than fair market value may be considered. Any such
transfer is presumed to have been made for the purpose of
establishing or maintaining medical assistance eligibility and
the person is ineligible for long-term care services for the
period of time determined under subdivision 2, unless the person
furnishes convincing evidence to establish that the transaction
was exclusively for another purpose, or unless the transfer is
permitted under subdivision 3 or 4. Notwithstanding the
provisions of this paragraph, in the case of payments from a
trust or portions of a trust that are considered transfers of
assets under federal law, any transfers made within 60 months
before or any time after an institutionalized person applies for
medical assistance and within 60 months before or any time after
a medical assistance recipient becomes institutionalized, may be
considered.
(c) This section applies to transfers, for less than fair
market value, of income or assets, including assets that are
considered income in the month received, such as inheritances,
court settlements, and retroactive benefit payments or income to
which the person or the person's spouse is entitled but does not
receive due to action by the person, the person's spouse, or any
person, court, or administrative body with legal authority to
act in place of, on behalf of, at the direction of, or upon the
request of the person or the person's spouse.
(d) This section applies to payments for care or personal
services provided by a relative, unless the compensation was
stipulated in a notarized, written agreement which was in
existence when the service was performed, the care or services
directly benefited the person, and the payments made represented
reasonable compensation for the care or services provided. A
notarized written agreement is not required if payment for the
services was made within 60 days after the service was provided.
(e) This section applies to the portion of any asset or
interest that a person, a person's spouse, or any person, court,
or administrative body with legal authority to act in place of,
on behalf of, at the direction of, or upon the request of the
person or the person's spouse, transfers to any annuity that
exceeds the value of the benefit likely to be returned to the
person or spouse while alive, based on estimated life expectancy
using the life expectancy tables employed by the supplemental
security income program to determine the value of an agreement
for services for life. The commissioner may adopt rules
reducing life expectancies based on the need for long-term
care. This section applies to an annuity described in this
paragraph purchased on or after March 1, 2002, that:
(1) is not purchased from an insurance company or financial
institution that is subject to licensing or regulation by the
Minnesota department of commerce or a similar regulatory agency
of another state;
(2) does not pay out principal and interest in equal
monthly installments; or
(3) does not begin payment at the earliest possible date
after annuitization.
(f) For purposes of this section, long-term care services
include services in a nursing facility, services that are
eligible for payment according to section 256B.0625, subdivision
2, because they are provided in a swing bed, intermediate care
facility for persons with mental retardation, and home and
community-based services provided pursuant to sections
256B.0915, 256B.092, and 256B.49. For purposes of this
subdivision and subdivisions 2, 3, and 4, "institutionalized
person" includes a person who is an inpatient in a nursing
facility or in a swing bed, or intermediate care facility for
persons with mental retardation or who is receiving home and
community-based services under sections 256B.0915, 256B.092, and
256B.49.
Sec. 11. Minnesota Statutes 2001 Supplement, section
256B.0595, subdivision 2, is amended to read:
Subd. 2. [PERIOD OF INELIGIBILITY.] (a) For any
uncompensated transfer occurring on or before August 10, 1993,
the number of months of ineligibility for long-term care
services shall be the lesser of 30 months, or the uncompensated
transfer amount divided by the average medical assistance rate
for nursing facility services in the state in effect on the date
of application. The amount used to calculate the average
medical assistance payment rate shall be adjusted each July 1 to
reflect payment rates for the previous calendar year. The
period of ineligibility begins with the month in which the
assets were transferred. If the transfer was not reported to
the local agency at the time of application, and the applicant
received long-term care services during what would have been the
period of ineligibility if the transfer had been reported, a
cause of action exists against the transferee for the cost of
long-term care services provided during the period of
ineligibility, or for the uncompensated amount of the transfer,
whichever is less. The action may be brought by the state or
the local agency responsible for providing medical assistance
under chapter 256G. The uncompensated transfer amount is the
fair market value of the asset at the time it was given away,
sold, or disposed of, less the amount of compensation received.
(b) For uncompensated transfers made after August 10, 1993,
the number of months of ineligibility for long-term care
services shall be the total uncompensated value of the resources
transferred divided by the average medical assistance rate for
nursing facility services in the state in effect on the date of
application. The amount used to calculate the average medical
assistance payment rate shall be adjusted each July 1 to reflect
payment rates for the previous calendar year. The period of
ineligibility begins with the month in which the assets were
transferred except that if one or more uncompensated transfers
are made during a period of ineligibility, the total assets
transferred during the ineligibility period shall be combined
and a penalty period calculated to begin in the month the first
uncompensated transfer was made. If the transfer was not
reported to the local agency at the time of application, and the
applicant received medical assistance services during what would
have been the period of ineligibility if the transfer had been
reported, a cause of action exists against the transferee for
the cost of medical assistance services provided during the
period of ineligibility, or for the uncompensated amount of the
transfer, whichever is less. The action may be brought by the
state or the local agency responsible for providing medical
assistance under chapter 256G. The uncompensated transfer
amount is the fair market value of the asset at the time it was
given away, sold, or disposed of, less the amount of
compensation received. Effective for transfers made on or after
March 1, 1996, involving persons who apply for medical
assistance on or after April 13, 1996, no cause of action exists
for a transfer unless:
(1) the transferee knew or should have known that the
transfer was being made by a person who was a resident of a
long-term care facility or was receiving that level of care in
the community at the time of the transfer;
(2) the transferee knew or should have known that the
transfer was being made to assist the person to qualify for or
retain medical assistance eligibility; or
(3) the transferee actively solicited the transfer with
intent to assist the person to qualify for or retain eligibility
for medical assistance.
(c) If a calculation of a penalty period results in a
partial month, payments for long-term care services shall be
reduced in an amount equal to the fraction, except that in
calculating the value of uncompensated transfers, if the total
value of all uncompensated transfers made in a month not
included in an existing penalty period does not
exceed $500 $200, then such transfers shall be disregarded for
each month prior to the month of application for or during
receipt of medical assistance.
Sec. 12. Minnesota Statutes 2000, section 256B.0595,
subdivision 4, is amended to read:
Subd. 4. [OTHER EXCEPTIONS TO TRANSFER PROHIBITION.] An
institutionalized person who has made, or whose spouse has made
a transfer prohibited by subdivision 1, is not ineligible for
long-term care services if one of the following conditions
applies:
(1) the assets were transferred to the individual's spouse
or to another for the sole benefit of the spouse; or
(2) the institutionalized spouse, prior to being
institutionalized, transferred assets to a spouse, provided that
the spouse to whom the assets were transferred does not then
transfer those assets to another person for less than fair
market value. (At the time when one spouse is
institutionalized, assets must be allocated between the spouses
as provided under section 256B.059); or
(3) the assets were transferred to the individual's child
who is blind or permanently and totally disabled as determined
in the supplemental security income program; or
(4) a satisfactory showing is made that the individual
intended to dispose of the assets either at fair market value or
for other valuable consideration; or
(5) the local agency determines that denial of eligibility
for long-term care services would work an undue hardship and
grants a waiver of a penalty resulting from a transfer for less
than fair market value based on an imminent threat to the
individual's health and well-being. Whenever an applicant or
recipient is denied eligibility because of a transfer for less
than fair market value, the local agency shall notify the
applicant or recipient that the applicant or recipient may
request a waiver of the penalty if the denial of eligibility
will cause undue hardship. In evaluating a waiver, the local
agency shall take into account whether the individual was the
victim of financial exploitation, whether the individual has
made reasonable efforts to recover the transferred property or
resource, and other factors relevant to a determination of
hardship. If the local agency does not approve a hardship
waiver, the local agency shall issue a written notice to the
individual stating the reasons for the denial and the process
for appealing the local agency's decision. When a waiver is
granted, a cause of action exists against the person to whom the
assets were transferred for that portion of long-term care
services granted within:
(i) 30 months of a transfer made on or before August 10,
1993;
(ii) 60 months of a transfer if the assets were transferred
after August 30, 1993, to a trust or portion of a trust that is
considered a transfer of assets under federal law; or
(iii) 36 months of a transfer if transferred in any other
manner after August 10, 1993,
or the amount of the uncompensated transfer, whichever is less,
together with the costs incurred due to the action. The action
shall be brought by the state unless the state delegates this
responsibility to the local agency responsible for providing
medical assistance under this chapter; or
(6) for transfers occurring after August 10, 1993, the
assets were transferred by the person or person's spouse: (i)
into a trust established solely for the sole benefit of a son or
daughter of any age who is blind or disabled as defined by the
Supplemental Security Income program; or (ii) into a trust
established solely for the sole benefit of an individual who is
under 65 years of age who is disabled as defined by the
Supplemental Security Income program.
"For the sole benefit of" has the meaning found in section
256B.059, subdivision 1.
[EFFECTIVE DATE.] This section is effective July 1, 2002.
Sec. 13. Minnesota Statutes 2001 Supplement, section
256B.0625, subdivision 13, is amended to read:
Subd. 13. [DRUGS.] (a) Medical assistance covers drugs,
except for fertility drugs when specifically used to enhance
fertility, if prescribed by a licensed practitioner and
dispensed by a licensed pharmacist, by a physician enrolled in
the medical assistance program as a dispensing physician, or by
a physician or a nurse practitioner employed by or under
contract with a community health board as defined in section
145A.02, subdivision 5, for the purposes of communicable disease
control. The commissioner, after receiving recommendations from
professional medical associations and professional pharmacist
associations, shall designate a formulary committee to advise
the commissioner on the names of drugs for which payment is
made, recommend a system for reimbursing providers on a set fee
or charge basis rather than the present system, and develop
methods encouraging use of generic drugs when they are less
expensive and equally effective as trademark drugs. The
formulary committee shall consist of nine members, four of whom
shall be physicians who are not employed by the department of
human services, and a majority of whose practice is for persons
paying privately or through health insurance, three of whom
shall be pharmacists who are not employed by the department of
human services, and a majority of whose practice is for persons
paying privately or through health insurance, a consumer
representative, and a nursing home representative. Committee
members shall serve three-year terms and shall serve without
compensation. Members may be reappointed once.
(b) The commissioner shall establish a drug formulary. Its
establishment and publication shall not be subject to the
requirements of the Administrative Procedure Act, but the
formulary committee shall review and comment on the formulary
contents. The formulary committee shall review and recommend
drugs which require prior authorization. The formulary
committee may recommend drugs for prior authorization directly
to the commissioner, as long as opportunity for public input is
provided. Prior authorization may be requested by the
commissioner based on medical and clinical criteria before
certain drugs are eligible for payment. Before a drug may be
considered for prior authorization at the request of the
commissioner:
(1) the drug formulary committee must develop criteria to
be used for identifying drugs; the development of these criteria
is not subject to the requirements of chapter 14, but the
formulary committee shall provide opportunity for public input
in developing criteria;
(2) the drug formulary committee must hold a public forum
and receive public comment for an additional 15 days; and
(3) the commissioner must provide information to the
formulary committee on the impact that placing the drug on prior
authorization will have on the quality of patient care and
information regarding whether the drug is subject to clinical
abuse or misuse. Prior authorization may be required by the
commissioner before certain formulary drugs are eligible for
payment. The formulary shall not include:
(i) drugs or products for which there is no federal
funding;
(ii) over-the-counter drugs, except for antacids,
acetaminophen, family planning products, aspirin, insulin,
products for the treatment of lice, vitamins for adults with
documented vitamin deficiencies, vitamins for children under the
age of seven and pregnant or nursing women, and any other
over-the-counter drug identified by the commissioner, in
consultation with the drug formulary committee, as necessary,
appropriate, and cost-effective for the treatment of certain
specified chronic diseases, conditions or disorders, and this
determination shall not be subject to the requirements of
chapter 14;
(iii) anorectics, except that medically necessary
anorectics shall be covered for a recipient previously diagnosed
as having pickwickian syndrome and currently diagnosed as having
diabetes and being morbidly obese;
(iv) drugs for which medical value has not been
established; and
(v) drugs from manufacturers who have not signed a rebate
agreement with the Department of Health and Human Services
pursuant to section 1927 of title XIX of the Social Security Act.
The commissioner shall publish conditions for prohibiting
payment for specific drugs after considering the formulary
committee's recommendations. An honorarium of $100 per meeting
and reimbursement for mileage shall be paid to each committee
member in attendance.
(c) The basis for determining the amount of payment shall
be the lower of the actual acquisition costs of the drugs plus a
fixed dispensing fee; the maximum allowable cost set by the
federal government or by the commissioner plus the fixed
dispensing fee; or the usual and customary price charged to the
public. The pharmacy dispensing fee shall be $3.65, except that
the dispensing fee for intravenous solutions which must be
compounded by the pharmacist shall be $8 per bag, $14 per bag
for cancer chemotherapy products, and $30 per bag for total
parenteral nutritional products dispensed in one liter
quantities, or $44 per bag for total parenteral nutritional
products dispensed in quantities greater than one liter. Actual
acquisition cost includes quantity and other special discounts
except time and cash discounts. The actual acquisition cost of
a drug shall be estimated by the commissioner, at average
wholesale price minus nine percent, except that where a drug has
had its wholesale price reduced as a result of the actions of
the National Association of Medicaid Fraud Control Units, the
estimated actual acquisition cost shall be the reduced average
wholesale price, without the nine percent deduction. The
maximum allowable cost of a multisource drug may be set by the
commissioner and it shall be comparable to, but no higher than,
the maximum amount paid by other third-party payors in this
state who have maximum allowable cost programs. The
commissioner shall set maximum allowable costs for multisource
drugs that are not on the federal upper limit list as described
in United States Code, title 42, chapter 7, section 1396r-8(e),
the Social Security Act, and Code of Federal Regulations, title
42, part 447, section 447.332. Establishment of the amount of
payment for drugs shall not be subject to the requirements of
the Administrative Procedure Act. An additional dispensing fee
of $.30 may be added to the dispensing fee paid to pharmacists
for legend drug prescriptions dispensed to residents of
long-term care facilities when a unit dose blister card system,
approved by the department, is used. Under this type of
dispensing system, the pharmacist must dispense a 30-day supply
of drug. The National Drug Code (NDC) from the drug container
used to fill the blister card must be identified on the claim to
the department. The unit dose blister card containing the drug
must meet the packaging standards set forth in Minnesota Rules,
part 6800.2700, that govern the return of unused drugs to the
pharmacy for reuse. The pharmacy provider will be required to
credit the department for the actual acquisition cost of all
unused drugs that are eligible for reuse. Over-the-counter
medications must be dispensed in the manufacturer's unopened
package. The commissioner may permit the drug clozapine to be
dispensed in a quantity that is less than a 30-day supply.
Whenever a generically equivalent product is available, payment
shall be on the basis of the actual acquisition cost of the
generic drug, unless the prescriber specifically indicates
"dispense as written - brand necessary" on the prescription as
required by section 151.21, subdivision 2.
(d) For purposes of this subdivision, "multisource drugs"
means covered outpatient drugs, excluding innovator multisource
drugs for which there are two or more drug products, which:
(1) are related as therapeutically equivalent under the
Food and Drug Administration's most recent publication of
"Approved Drug Products with Therapeutic Equivalence
Evaluations";
(2) are pharmaceutically equivalent and bioequivalent as
determined by the Food and Drug Administration; and
(3) are sold or marketed in Minnesota.
"Innovator multisource drug" means a multisource drug that was
originally marketed under an original new drug application
approved by the Food and Drug Administration.
(e) The formulary committee shall review and recommend
drugs which require prior authorization. The formulary
committee may recommend drugs for prior authorization directly
to the commissioner, as long as opportunity for public input is
provided. Prior authorization may be requested by the
commissioner based on medical and clinical criteria and on cost
before certain drugs are eligible for payment. Before a drug
may be considered for prior authorization at the request of the
commissioner:
(1) the drug formulary committee must develop criteria to
be used for identifying drugs; the development of these criteria
is not subject to the requirements of chapter 14, but the
formulary committee shall provide opportunity for public input
in developing criteria;
(2) the drug formulary committee must hold a public forum
and receive public comment for an additional 15 days; and
(3) the commissioner must provide information to the
formulary committee on the impact that placing the drug on prior
authorization will have on the quality of patient care and on
program costs, and information regarding whether the drug is
subject to clinical abuse or misuse. Prior authorization may be
required by the commissioner before certain formulary drugs are
eligible for payment.
(f) The basis for determining the amount of payment for
drugs administered in an outpatient setting shall be the lower
of the usual and customary cost submitted by the provider; the
average wholesale price minus five percent; or the maximum
allowable cost set by the federal government under United States
Code, title 42, chapter 7, section 1396r-8(e), and Code of
Federal Regulations, title 42, section 447.332, or by the
commissioner under paragraph (c).
Sec. 14. Minnesota Statutes 2000, section 256B.32, is
amended to read:
256B.32 [FACILITY FEE FOR OUTPATIENT HOSPITAL EMERGENCY
ROOM AND CLINIC VISITS.]
(a) The commissioner shall establish a facility fee payment
mechanism that will pay a facility fee to all enrolled
outpatient hospitals for each emergency room or outpatient
clinic visit provided on or after July 1, 1989. This payment
mechanism may not result in an overall increase in outpatient
payment rates. This section does not apply to federally
mandated maximum payment limits, department approved program
packages, or services billed using a nonoutpatient hospital
provider number.
(b) For fee-for-service services provided on or after July
1, 2002, the total payment, before third-party liability and
spenddown, made to hospitals for outpatient hospital facility
services is reduced by .5 percent from the current statutory
rates.
Sec. 15. Minnesota Statutes 2000, section 256B.69,
subdivision 5a, is amended to read:
Subd. 5a. [MANAGED CARE CONTRACTS.] (a) Managed care
contracts under this section and sections 256L.12 and 256D.03,
shall be entered into or renewed on a calendar year basis
beginning January 1, 1996. Managed care contracts which were in
effect on June 30, 1995, and set to renew on July 1, 1995, shall
be renewed for the period July 1, 1995 through December 31, 1995
at the same terms that were in effect on June 30, 1995.
(b) A prepaid health plan providing covered health services
for eligible persons pursuant to chapters 256B, 256D, and 256L,
is responsible for complying with the terms of its contract with
the commissioner. Requirements applicable to managed care
programs under chapters 256B, 256D, and 256L, established after
the effective date of a contract with the commissioner take
effect when the contract is next issued or renewed.
(c) Effective for services rendered on or after January 1,
2003, the commissioner shall withhold five percent of managed
care plan payments under this section for the prepaid medical
assistance and general assistance medical care programs pending
completion of performance targets. The withheld funds will be
returned no sooner than July of the following year if
performance targets in the contract are achieved. The
commissioner may exclude special demonstration projects under
subdivision 23.
Sec. 16. Minnesota Statutes 2001 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 2003, capitation
rates for nonmetropolitan counties shall on a weighted average
be no less than 88 87 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.
Sec. 17. Minnesota Statutes 2001 Supplement, section
256B.69, subdivision 5c, is amended to read:
Subd. 5c. [MEDICAL EDUCATION AND RESEARCH FUND.] (a) The
commissioner of human services shall transfer each year to the
medical education and research fund established under section
62J.692, the following:
(1) an amount equal to the reduction in the prepaid medical
assistance and prepaid general assistance medical care payments
as specified in this clause. 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, is 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 is reduced 6.3 percent for Hennepin county,
two percent for the remaining metropolitan counties, and 1.6
percent for nonmetropolitan Minnesota counties. Nursing
facility and elderly waiver payments and demonstration project
payments operating under subdivision 23 are excluded from this
reduction. The amount calculated under this clause shall not be
adjusted for periods already paid due to subsequent changes to
the capitation payments; and
(2) beginning July 1, 2001, $2,537,000 from the capitation
rates paid under this section plus any federal matching funds on
this amount;
(3) beginning July 1, 2002, an additional $12,700,000 from
the capitation rates paid under this section; and
(4) beginning July 1, 2003, an additional $4,700,000 from
the capitation rates paid under this section.
(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. 18. Minnesota Statutes 2000, section 256B.69, is
amended by adding a subdivision to read:
Subd. 5f. [CAPITATION RATES.] Beginning July 1, 2002, the
capitation rates paid under this section are increased by
$12,700,000 per year. Beginning July 1, 2003, the capitation
rates paid under this section are increased by $4,700,000 per
year.
Sec. 19. Minnesota Statutes 2000, section 256B.69, is
amended by adding a subdivision to read:
Subd. 5g. [PAYMENT FOR COVERED SERVICES.] For services
rendered on or after January 1, 2003, the total payment made to
managed care plans for providing covered services under the
medical assistance and general assistance medical care programs
is reduced by .5 percent from their current statutory rates.
This provision excludes payments for nursing home services, home
and community-based waivers, and payments to demonstration
projects for persons with disabilities.
Sec. 20. Minnesota Statutes 2001 Supplement, section
256B.75, is amended to read:
256B.75 [HOSPITAL OUTPATIENT REIMBURSEMENT.]
(a) For outpatient hospital facility fee payments for
services rendered on or after October 1, 1992, the commissioner
of human services shall pay the lower of (1) submitted charge,
or (2) 32 percent above the rate in effect on June 30, 1992,
except for those services for which there is a federal maximum
allowable payment. Effective for services rendered on or after
January 1, 2000, payment rates for nonsurgical outpatient
hospital facility fees and emergency room facility fees shall be
increased by eight percent over the rates in effect on December
31, 1999, except for those services for which there is a federal
maximum allowable payment. Services for which there is a
federal maximum allowable payment shall be paid at the lower of
(1) submitted charge, or (2) the federal maximum allowable
payment. Total aggregate payment for outpatient hospital
facility fee services shall not exceed the Medicare upper
limit. If it is determined that a provision of this section
conflicts with existing or future requirements of the United
States government with respect to federal financial
participation in medical assistance, the federal requirements
prevail. The commissioner may, in the aggregate, prospectively
reduce payment rates to avoid reduced federal financial
participation resulting from rates that are in excess of the
Medicare upper limitations.
(b) Notwithstanding paragraph (a), payment for outpatient,
emergency, and ambulatory surgery hospital facility fee services
for critical access hospitals designated under section 144.1483,
clause (11), shall be paid on a cost-based payment system that
is based on the cost-finding methods and allowable costs of the
Medicare program.
(c) Effective for services provided on or after July 1,
2002 2003, rates that are based on the Medicare outpatient
prospective payment system shall be replaced by a budget neutral
prospective payment system that is derived using medical
assistance data. The commissioner shall provide a proposal to
the 2002 2003 legislature to define and implement this provision.
(d) For fee-for-service services provided on or after July
1, 2002, the total payment, before third-party liability and
spenddown, made to hospitals for outpatient hospital facility
services is reduced by .5 percent from the current statutory
rate.
Sec. 21. Minnesota Statutes 2000, section 256L.07,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL REQUIREMENTS.] (a) Children
enrolled in the original children's health plan as of September
30, 1992, children who enrolled in the MinnesotaCare program
after September 30, 1992, pursuant to Laws 1992, chapter 549,
article 4, section 17, and children who have family gross
incomes that are equal to or less than 150 175 percent of the
federal poverty guidelines are eligible without meeting the
requirements of subdivision 2, as long as they maintain
continuous coverage in the MinnesotaCare program or medical
assistance. Children who apply for MinnesotaCare on or after
the implementation date of the employer-subsidized health
coverage program as described in Laws 1998, chapter 407, article
5, section 45, who have family gross incomes that are equal to
or less than 150 175 percent of the federal poverty guidelines,
must meet the requirements of subdivision 2 to be eligible for
MinnesotaCare.
(b) Families enrolled in MinnesotaCare under section
256L.04, subdivision 1, whose income increases above 275 percent
of the federal poverty guidelines, are no longer eligible for
the program and shall be disenrolled by the commissioner.
Individuals enrolled in MinnesotaCare under section 256L.04,
subdivision 7, whose income increases above 175 percent of the
federal poverty guidelines are no longer eligible for the
program and shall be disenrolled by the commissioner. For
persons disenrolled under this subdivision, MinnesotaCare
coverage terminates the last day of the calendar month following
the month in which the commissioner determines that the income
of a family or individual exceeds program income limits.
(c) Notwithstanding paragraph (b), individuals and families
may remain enrolled in MinnesotaCare if ten percent of their
annual income is less than the annual premium for a policy with
a $500 deductible available through the Minnesota comprehensive
health association. Individuals and families who are no longer
eligible for MinnesotaCare under this subdivision shall be given
an 18-month notice period from the date that ineligibility is
determined before disenrollment.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 22. Minnesota Statutes 2000, section 256L.07,
subdivision 3, is amended to read:
Subd. 3. [OTHER HEALTH COVERAGE.] (a) Families and
individuals enrolled in the MinnesotaCare program must have no
health coverage while enrolled or for at least four months prior
to application and renewal. Children enrolled in the original
children's health plan and children in families with income
equal to or less than 150 175 percent of the federal poverty
guidelines, who have other health insurance, are eligible if the
coverage:
(1) lacks two or more of the following:
(i) basic hospital insurance;
(ii) medical-surgical insurance;
(iii) prescription drug coverage;
(iv) dental coverage; or
(v) vision coverage;
(2) requires a deductible of $100 or more per person per
year; or
(3) lacks coverage because the child has exceeded the
maximum coverage for a particular diagnosis or the policy
excludes a particular diagnosis.
The commissioner may change this eligibility criterion for
sliding scale premiums in order to remain within the limits of
available appropriations. The requirement of no health coverage
does not apply to newborns.
(b) Medical assistance, general assistance medical care,
and civilian health and medical program of the uniformed
service, CHAMPUS, are not considered insurance or health
coverage for purposes of the four-month requirement described in
this subdivision.
(c) For purposes of this subdivision, Medicare Part A or B
coverage under title XVIII of the Social Security Act, United
States Code, title 42, sections 1395c to 1395w-4, is considered
health coverage. An applicant or enrollee may not refuse
Medicare coverage to establish eligibility for MinnesotaCare.
(d) Applicants who were recipients of medical assistance or
general assistance medical care within one month of application
must meet the provisions of this subdivision and subdivision 2.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 23. Minnesota Statutes 2000, section 256L.12,
subdivision 9, is amended to read:
Subd. 9. [RATE SETTING.] (a) Rates will be prospective,
per capita, where possible. The commissioner may allow health
plans to arrange for inpatient hospital services on a risk or
nonrisk basis. The commissioner shall consult with an
independent actuary to determine appropriate rates.
(b) For services rendered on or after January 1, 2003, the
commissioner shall withhold .5 percent of managed care plan
payments under this section pending completion of performance
targets. The withheld funds will be returned no sooner than
July 1 and no later than July 31 of the following year if
performance targets in the contract are achieved.
Sec. 24. Minnesota Statutes 2001 Supplement, section
256L.15, subdivision 1, is amended to read:
Subdivision 1. [PREMIUM DETERMINATION.] (a) Families with
children and individuals shall pay a premium determined
according to a sliding fee based on a percentage of the family's
gross family income.
(b) Pregnant women and children under age two are exempt
from the provisions of section 256L.06, subdivision 3, paragraph
(b), clause (3), requiring disenrollment for failure to pay
premiums. For pregnant women, this exemption continues until
the first day of the month following the 60th day postpartum.
Women who remain enrolled during pregnancy or the postpartum
period, despite nonpayment of premiums, shall be disenrolled on
the first of the month following the 60th day postpartum for the
penalty period that otherwise applies under section 256L.06,
unless they begin paying premiums.
(c) Effective July 1, 2002, through June 30, 2006, at their
option, children with gross family income at or below 217
percent of the federal poverty guidelines who are eligible for
MinnesotaCare in the first month following termination from
medical assistance shall not pay a premium for 12 months.
[EFFECTIVE DATE.] This section is effective July 1, 2002.
Sec. 25. Minnesota Statutes 2000, section 256L.15,
subdivision 3, is amended to read:
Subd. 3. [EXCEPTIONS TO SLIDING SCALE.] An annual premium
of $48 is required for all children in families with income at
or less than 150 175 percent of federal poverty guidelines.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 26. Laws 2001, First Special Session chapter 9,
article 2, section 7, the effective date, is amended to read:
[EFFECTIVE DATE.] This section is effective January 1, 2002
July 1, 2003.
Sec. 27. [REPEALER.]
Minnesota Statutes 2001 Supplement, section 256L.03,
subdivision 5a, is repealed.
ARTICLE 16
MISCELLANEOUS HEALTH
Section 1. Minnesota Statutes 2000, section 145.9266,
subdivision 3, is amended to read:
Subd. 3. [PROFESSIONAL TRAINING AND EDUCATION ABOUT FETAL
ALCOHOL SYNDROME.] (a) The commissioner of health, in
collaboration with the board of medical practice, the board of
nursing, and other professional boards and state agencies, shall
develop curricula and materials about fetal alcohol syndrome for
professional training of health care providers, social service
providers, educators, and judicial and corrections systems
professionals. The training and curricula shall increase
knowledge and develop practical skills of professionals to help
them address the needs of at-risk pregnant women and the needs
of individuals affected by fetal alcohol syndrome or fetal
alcohol effects and their families.
(b) Training for health care providers shall focus on skill
building for screening, counseling, referral, and follow-up for
women using or at risk of using alcohol while pregnant.
Training for health care professionals shall include methods for
diagnosis and evaluation of fetal alcohol syndrome and fetal
alcohol effects. Training for education, judicial, and
corrections professionals shall involve effective education
strategies, methods to identify the behaviors and learning
styles of children with alcohol-related birth defects, and
methods to identify available referral and community resources.
(c) Training and education for social service providers
shall focus on resources for assessing, referring, and treating
at-risk pregnant women, changes in the mandatory reporting and
commitment laws, and resources for affected children and their
families.
Sec. 2. Minnesota Statutes 2000, section 251.013, is
amended to read:
251.013 [AH-GWAH-CHING CENTER, WILLMAR, AND FERGUS FALLS
REGIONAL TREATMENT CENTERS.]
Subdivision 1. [INTENT AH-GWAH-CHING.] It is the intent of
the legislature that the Ah-Gwah-Ching center continue operation
in Walker, Minnesota, as a provider of nursing care to geriatric
and other residents whose aggressive or difficult to manage
behavioral needs cannot be met in their home community.
Subd. 2. [ADMISSIONS CRITERIA.] An individual who has a
documented history of behavioral patterns that pose a
substantial risk of harm to the individual, other vulnerable
adults, staff, or visitors is eligible for placement at the
Ah-Gwah-Ching center if the individual meets all other
admissions criteria.
Subd. 3. [GERIATRIC RAPID ASSESSMENT STABILIZATION
PROGRAM.] The Ah-Gwah-Ching center shall provide information on
the geriatric rapid assessment stabilization program (GRASP) or
emergency admittance programs to nursing facilities throughout
the state and shall promote and encourage the use of these
programs by these facilities.
Subd. 4. [WILLMAR.] It is the intent of the legislature
that the Willmar regional treatment center continue operation in
Willmar as a provider of mental health and chemical dependency
treatment, and also as an operator of community-based programs
for persons with developmental disabilities.
Subd. 5. [FERGUS FALLS.] It is the intent of the
legislature to continue operation as a downsized regional
treatment center in Fergus Falls and use state employees to
operate and maintain the downsized facility.
Sec. 3. [REPEALER.]
(a) Minnesota Statutes 2000, sections 144.6905 and 145.475,
are repealed.
(b) Minnesota Statutes 2000, section 256.9731, is repealed.
(c) Minnesota Statutes 2000, sections 256K.01; 256K.015;
256K.02; 256K.03, subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
and 12; 256K.04; 256K.05; 256K.06; 256K.08; 256K.09; and
Minnesota Statutes 2001 Supplement, sections 256K.03,
subdivision 1; and 256K.07, are repealed.
(d) Laws 1999, chapter 152, as amended by Laws 2000,
chapter 488, article 9, section 33, Laws 2001, First Special
Session chapter 9, article 3, section 72, and Laws 2001, First
Special Session chapter 9, article 13, section 18, is repealed.
(e) Laws 2001, First Special Session chapter 9, article 13,
sections 22, 25, 26, 27, and 28, are repealed.
ARTICLE 17
HEALTH AND HUMAN SERVICES APPROPRIATIONS
Section 1. [HEALTH AND HUMAN SERVICES APPROPRIATIONS.]
The dollar amounts shown in the columns marked
"APPROPRIATIONS" are added to or, if shown in parentheses, are
subtracted from the appropriations in Laws 2001, First Special
Session chapter 9, or other law, and 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 "2002" and
"2003" used in this article mean that the appropriation or
appropriations listed under them are available for the fiscal
year ending June 30, 2002, or June 30, 2003, respectively.
SUMMARY BY FUND
2002 2003 TOTAL
General
Forecast
Adjustments $13,759,000 $36,283,000 $50,042,000
Nonforecast (1,386,000) (54,038,000) (55,424,000)
Health Care
Access 13,881,000 8,410,000 22,291,000
State Government
Special Revenue 75,000 -0- 75,000
Federal TANF 7,406,000 9,482,000 16,888,000
APPROPRIATIONS
Available for the Year
Ending June 30
2002 2003
Sec. 2. COMMISSIONER OF
HUMAN SERVICES
Subdivision 1. Total
Appropriation $ 41,003,000 $ 7,280,000
Summary by Fund
General 19,716,000 (10,612,000)
Health Care
Access 13,881,000 8,410,000
Federal TANF 7,406,000 9,482,000
Subd. 2. Agency Management
General -0- (8,972,000)
The amounts that may be spent from the
appropriation for each purpose are as
follows:
Management Operations
General -0- (8,972,000)
Subd. 3. Basic Health Care
Grants
General 11,992,000 6,229,000
Health Care
Access 13,881,000 8,410,000
The amounts that may be spent from this
appropriation for each purpose are as
follows:
(a) MinnesotaCare Grants
Health Care
Access 13,881,000 8,410,000
(b) MA Basic Health Care
Grants - Families and Children
General (17,319,000) (18,764,000)
[TRANSFER.] (a) Of the general fund
appropriations to the University of
Minnesota in the higher education
omnibus appropriation bill, $12,700,000
in fiscal year 2003 is to be
transferred to the commissioner of
human services for the following
purposes: (1) $6,350,000 is for the
capitation payments under Minnesota
Statutes, section 256B.69; and (2)
$6,350,000 is to be deposited in the
general fund.
(b) For fiscal years beginning on or
after July 1, 2003, $17,400,000 each
year shall be transferred to the
commissioner for the following
purposes: (1) $8,700,000 is for the
capitation payments under Minnesota
Statutes, section 256B.69; and (2)
$8,700,000 is to be deposited in the
general fund.
(c) These transfers shall not be made
until the federal government approves
the medical education payments
authorized in Minnesota Statutes,
section 62J.692, subdivision 7,
paragraph (c). Notwithstanding the
provisions of section 5, this provision
shall not expire.
[NONMETROPOLITAN COUNTY PREPAID MEDICAL
ASSISTANCE PROGRAM RATE REDUCTION.] A
demonstration provider must not reduce
payment rates to providers to reflect
the reduction effective January 1,
2003, in rates paid under Minnesota
Statutes, section 256B.69, to
nonmetropolitan counties.
(c) MA Basic Health Care
Grants - Elderly and Disabled
General 3,062,000 (15,710,000)
(d) General Assistance
Medical Care Grants
General 26,249,000 40,752,000
(e) Health Care Grants -
Other Assistance
General -0- (49,000)
[PRESCRIPTION DRUG PROGRAM FUNDING.]
(1) The commissioner may expend money
appropriated for the prescription drug
program in either fiscal year of the
2002-2003 biennium. (2) The
commissioner shall administer the
prescription drug program pursuant to
Minnesota Statutes, section 256.955,
subdivision 9, so that the costs total
not more than funds appropriated plus
the drug rebate proceeds.
[COMMISSIONER OF FINANCE TO RECOGNIZE
DRUG PROGRAM PROJECTED NEED.] For
November 2002 and February 2003
forecasts, the commissioner of finance
shall recognize in the fund balance the
prescription drug program's projected
spending for fiscal years 2002 and
2003. When establishing the base
funding level for the prescription drug
program for the biennium beginning July
1, 2003, the commissioner of finance
shall provide a base level adjustment
to reflect the program's projected
spending, as reflected in legislative
tracking documents as of the effective
date of this article.
[DENTAL ACCESS GRANTS CARRYOVER
AUTHORITY.] Any unspent portion of the
appropriation from the health care
access fund in fiscal year 2002 for
dental access grants under Minnesota
Statutes, section 256B.53, shall not
cancel but shall be allowed to carry
forward to be spent in fiscal year 2003
for these purposes.
Subd. 4. Basic Health Care
Management
General -0- (1,065,000)
The amounts that may be spent from this
appropriation for each purpose are as
follows:
(a) Health Care Policy
Administration
General -0- 400,000
(b) Health Care
Operations
General -0- (1,465,000)
Subd. 5. State-Operated
Services
General -0- (8,520,000)
Subd. 6. Continuing Care
Grants
General (8,907,000) (26,227,000)
The amounts that may be spent from this
appropriation for each purpose are as
follows:
(a) Aging Adult Service
Grants
General -0- (2,638,000)
[PLANNING AND SERVICE DEVELOPMENT.] The
planning and service development grant
from Laws 2001, First Special Session
chapter 9, article 17, section 2,
subdivision 9, is eliminated for fiscal
year 2003. Base funding for the
2004-2005 biennium shall be $550,000
each year. Notwithstanding Laws 2001,
First Special Session chapter 9,
article 17, section 2, subdivision 9,
beginning in fiscal year 2004, the
commissioner shall annually distribute
$5,000 to each county. Counties with
more than 10,000 persons over age 65
shall receive a distribution of an
additional 25 cents for each person
over age 65. The amount distributed to
each area agency on aging shall be
$2,500.
[COMMUNITY SERVICES DEVELOPMENT
GRANTS.] For fiscal year 2003, base
level funding for community services
development grants under Minnesota
Statutes, section 256.9754, is reduced
by $1,478,000. For fiscal year 2004,
base level funding for these grants is
reduced by $768,000. For fiscal year
2005, base level funding shall be
$3,000,000, and this amount shall be
the base funding level for these grants
for the biennium beginning July 1,
2005. Notwithstanding section 5, this
provision shall not expire.
(b) Medical Assistance
Long-Term Care Waivers and
Home Care Grants
General 18,471,000 12,833,000
(c) Medical Assistance
Long-Term Care Facilities
Grants
General (27,382,000) (31,922,000)
(d) Group Residential
Housing Grants
General 4,000 574,000
[FEDERAL FUNDING FOR GROUP RESIDENTIAL
HOUSING COSTS.] The commissioner shall
seek federal funding to offset costs
for group residential housing services
under Minnesota Statutes, chapter 256I.
Any federal funding received shall be
distributed to counties on a pro rata
basis according to county spending
under Minnesota Statutes, section
256B.19, subdivision 1, clause (3), for
the costs of nursing facility
placements of persons with disabilities
under the age of 65 that have exceeded
90 days. The commissioner shall report
to the legislature by January 15, 2003,
on the status of additional federal
funding for group residential housing
costs.
(e) Chemical Dependency
Entitlement Grants
General -0- (84,000)
[CONSOLIDATED CHEMICAL DEPENDENCY
TREATMENT FUND RESERVE TRANSFER.] In
fiscal year 2003, $8,544,000 of funds
available in the consolidated chemical
dependency treatment fund general
reserve account is transferred to the
general fund.
(f) Community Social Services
Block Grants
General -0- (4,990,000)
[CSSA TRADITIONAL APPROPRIATION
REDUCTION.] For fiscal year 2003, base
level funding for community social
service aids under Minnesota Statutes,
section 256E.06, subdivisions 1 and 2,
is reduced by $4,700,000. This
reduction shall become part of base
level funding for the biennium
beginning July 1, 2003.
Notwithstanding section 5, this
provision shall not expire.
[CSSA GRANTS FOR FORMER GRH
RECIPIENTS.] For fiscal year 2003, base
level funding for community social
service aids under Minnesota Statutes,
section 256E.06, subdivision 2b, is
reduced by $290,000. This reduction
shall become part of base level funding
for the biennium beginning July 1,
2003. These reductions shall be made
on a pro rata basis to each affected
county. Notwithstanding section 5,
this provision shall not expire.
Subd. 7. Continuing Care
Management
General (1,295,000) (205,000)
[DAY TRAINING TASK FORCE.] The general
fund appropriation in fiscal year 2003
in Laws 2001, First Special Session
chapter 9, article 17, section 2,
subdivision 10, for the day training
and habilitation restructuring task
force is eliminated.
Subd. 8. Economic
Support Grants
General 17,926,000 30,734,000
Federal TANF 9,656,000 11,232,000
The amounts that may be spent from the
appropriation for each purpose are as
follows:
(a) Assistance to Families
Grants
General 16,988,000 28,391,000
Federal TANF 9,656,000 11,232,000
[TANF MAINTENANCE OF EFFORT.] If the
commissioner determines that the state
will meet its federal work
participation rate for the federal
fiscal year ending that September, the
commissioner shall reduce the state
maintenance of effort expenditure for
MFIP cash and food assistance benefits
to the extent allowed under Code of
Federal Regulations, title 45, section
263.1(a)(2), in state fiscal years 2004
and 2005.
(b) Work Grants
General -0- (404,000)
(c) Economic Support
Grants - Other Assistance
General (1,000,000) (100,000)
(d) General Assistance
Grants
General 3,300,000 4,288,000
(e) Minnesota Supplemental
Aid Grants
General (1,362,000) (1,441,000)
Subd. 9. Administrative
Reimbursement and Pass-Through
TANF (2,250,000) (1,750,000)
Subd. 10. Children's
Services
General -0- (2,586,000)
Sec. 3. COMMISSIONER OF HEALTH
Subdivision 1. Total Appropriation
Reductions (7,343,000) (7,143,000)
SUMMARY BY FUND
2002 2003
General (7,343,000) (7,143,000)
Subd. 2. Family and Community
Health (1,647,000) (1,097,000)
Summary by Fund
General (1,647,000) (1,097,000)
[ONETIME GRANT REDUCTIONS.] $200,000 of
the appropriation reduction the first
year is from competitive grants to
reduce health disparities in infant
mortality rates and adult and child
immunization rates authorized in Laws
2001, First Special Session chapter 9,
article 17, section 3, subdivision 2.
$300,000 of the appropriation reduction
the first year is from competitive
grants to reduce health disparities in
breast and cervical cancer screening
rates, HIV/AIDS and sexually
transmitted infection rates,
cardiovascular disease rates, diabetes
rates, and rates of accidental injuries
and violence authorized in Laws 2001,
First Special Session chapter 9,
article 17, section 3, subdivision 2.
$150,000 of the appropriation reduction
the first year is from community-based
programs for suicide prevention
authorized in Laws 2001, First Special
Session chapter 9, article 17, section
3, subdivision 2.
[HEALTH CARE ACCESS FUND
ADMINISTRATION.] The appropriation from
the health care access fund for
administration in Laws 2001, First
Special Session chapter 9, article 17,
section 3, is reduced by $347,000 each
year of the biennium beginning July 1,
2001.
[HEALTH CARE INTERN AND CAREER
PROGRAMS.] Of the appropriation in Laws
2001, First Special Session chapter 9,
article 17, section 3, from the health
care access fund, $200,000 each year of
the biennium beginning July 1, 2001, is
for the summer health care intern
program under Minnesota Statutes,
section 144.1464, and $147,000 each
year is for the promotion of health and
long-term care careers under Minnesota
Statutes, section 144.1499.
Subd. 3. Access and Quality
Improvement (4,970,000) (5,020,000)
[HEALTH STATUS IMPROVEMENT GRANTS.] Of
this reduction, $120,000 each year is
from money for grants appropriated
under Laws 2001, First Special Session
chapter 9, article 17, section 3,
subdivision 2.
Subd. 4. Health Protection (351,000) (651,000)
[FOOD SAFETY.] Of this reduction,
$200,000 in fiscal year 2002 is from
the appropriation for a community
health education and promotion program
on food safety authorized under Laws
2001, First Special Session chapter 9,
article 17, section 3, subdivision 4.
Subd. 5. Management and Support
Services (375,000) (375,000)
Sec. 4. HEALTH-RELATED BOARDS
Subdivision 1. Total
Appropriation 75,000 -0-
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 Chiropractic
Examiners 75,000 -0-
[LEGAL COSTS.] Of this appropriation,
$75,000 for the fiscal year beginning
July 1, 2001, is to the board to pay
for extraordinary legal costs. This is
a onetime appropriation and shall not
become part of base-level funding for
the 2004-2005 biennium.
Sec. 5. [SUNSET OF UNCODIFIED LANGUAGE.]
All uncodified language contained in this article expires
on June 30, 2003, unless a different expiration date is explicit.
Sec. 6. [EFFECTIVE DATE.]
Except as otherwise provided in this article, this article
is effective the day following final enactment.
Presented to the governor February 21, 2002
Vetoed by the governor February 25, 2002, 3:48 p.m.
Reconsidered and approved by the legislature after the
governor's veto February 28, 2002
Official Publication of the State of Minnesota
Revisor of Statutes