Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2003, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 23-H.F.No. 56
An act relating to legislative enactments; correcting
miscellaneous oversights, inconsistencies,
ambiguities, unintended results, and technical errors;
amending Minnesota Statutes 2002, sections 10A.04,
subdivision 6, as amended; 115C.11, subdivision 1, as
amended; 116O.09, subdivision 1a, as amended; 123B.59,
subdivision 5, as amended; 123B.75, subdivision 5, as
amended; 126C.10, subdivision 1, as amended; 126C.13,
subdivision 4, as amended; 126C.17, subdivision 2, as
amended; 126C.24, as added; 256D.03, subdivision 4, as
amended; 297F.08, subdivision 12, as added; 349.151,
subdivision 4, as amended; 349.167, subdivision 2;
611.17, as amended; 611.27, subdivision 15, as
amended; Laws 2003, chapter 48, sections 1, 2; Laws
2003, First Special Session H.F. No. 51, article 1,
sections 24, 51, if enacted; Laws 2003, First Special
Session H.F. No. 51, article 2, section 55,
subdivision 21, if enacted; Laws 2003, First Special
Session H.F. No. 51, article 4, section 29, by adding
a section, if enacted; Laws 2003, First Special
Session H.F. No. 51, article 5, section 34, if
enacted; Laws 2003, First Special Session H.F. No. 51,
article 9, section 9, subdivision 3, by adding a
subdivision, if enacted; Laws 2003, First Special
Session H.F. No. 1, article 2, section 126, if
enacted; Laws 2003, First Special Session S.F. No. 2,
article 1, section 16, if enacted; Laws 2003, First
Special Session S.F. No. 905, article 1, section 6, if
enacted; Laws 2003, First Special Session S.F. No.
905, article 10, section 2, subdivision 5, if enacted.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [CORR03-1A] Laws 2003, chapter 48, section 1,
is amended to read:
Section 1. [306.155] [CORRECTION OF INTERMENT ERRORS.]
Subdivision 1. [REQUIREMENT.] If the operator of a
cemetery is informed or becomes aware that it has interred or
permitted the interment of a body or remains in the wrong burial
space, unless the interested parties have agreed otherwise in
writing, it shall disinter the burial container wrongfully
interred, identify the burial container, and reinter it in the
proper burial space. The cemetery must give reasonable notice,
in advance of the disinterment, to the nearest known next of kin
person or persons legally entitled to control the body or
remains of the deceased person and, if requested, the owner of
the burial space.
Subd. 2. [WITNESSES.] At the time specified for the
disinterment and reinterment, the cemetery must permit the
nearest known next of kin person or persons legally entitled to
control the body or remains and, if requested, the owner of the
burial space to witness the disinterment and reinterment.
Subd. 3. [COSTS.] The cemetery must bear all costs of the
disinterment and reinterment.
Sec. 2. [CORR03-1B] Laws 2003, chapter 48, section 2, is
amended to read:
Sec. 2. [307.115] [CORRECTION OF INTERMENT ERRORS.]
Section 306.155 applies to private cemeteries subject to
this chapter. Nothing in section 306.155 shall exempt
cemeteries from complying with chapter 149A.
Sec. 3. [CORR03-2A] Minnesota Statutes 2002, section
115C.11, subdivision 1, as amended by 2003 S.F. No. 905, article
1, section 136, if enacted, is amended to read:
Subdivision 1. [REGISTRATION.] (a) All consultants and
contractors who perform corrective action services must register
with the board. In order to register, consultants must meet and
demonstrate compliance with the following criteria:
(1) provide a signed statement to the board verifying
agreement to abide by this chapter and the rules adopted under
it and to include a signed statement with each claim that all
costs claimed by the consultant are a true and accurate account
of services performed;
(2) provide a signed statement that the consultant shall
make available for inspection any records requested by the board
for field or financial audits under the scope of this chapter;
(3) certify knowledge of the requirements of this chapter
and the rules adopted under it;
(4) obtain and maintain professional liability coverage,
including pollution impairment liability; and
(5) agree to submit to the board a certificate or
certificates verifying the existence of the required insurance
coverage.
(b) The board must maintain a list of all registered
consultants and a list of all registered contractors.
(c) All corrective action services must be performed by
registered consultants and contractors.
(d) Reimbursement for corrective action services performed
by an unregistered consultant or contractor is subject to
reduction under section 115C.09, subdivision 3, paragraph (i).
(e) Corrective action services performed by a consultant or
contractor prior to being removed from the registration list may
be reimbursed without reduction by the board.
(f) If the information in an application for registration
becomes inaccurate or incomplete in any material respect, the
registered consultant or contractor must promptly file a
corrected application with the board.
(g) Registration is effective 30 days after a complete
application is received by the board. The board may reimburse
without reduction the cost of work performed by an unregistered
contractor if the contractor performed the work within 60 days
of the effective date of registration.
(h) Registration for consultants under this section remains
in force until the expiration date of the professional liability
coverage, including pollution impairment liability, required
under paragraph (a), clause (4), or until voluntarily terminated
by the registrant, or until suspended or revoked by the
commissioner of commerce. Registration for contractors under
this section expires each year on the anniversary of the
effective date of the contractor's most recent registration and
must be renewed on or before expiration. Prior to its annual
expiration, a registration remains in force until voluntarily
terminated by the registrant, or until suspended or revoked by
the commissioner of commerce. All registrants must comply with
registration criteria under this section.
(i) The board may deny a consultant or contractor
registration or request for renewal under this section if the
consultant or contractor:
(1) does not intend to or is not in good faith carrying on
the business of an environmental consultant or contractor;
(2) has filed an application for registration that is
incomplete in any material respect or contains any statement
which, in light of the circumstances under which it is made,
contains any misrepresentation, or is false, misleading, or
fraudulent;
(3) has engaged in any fraudulent, coercive, deceptive, or
dishonest act or practice whether or not the act or practice
involves the business of environmental consulting or
contracting;
(4) has forged another's name to any document whether or
not the document relates to a document approved by the board;
(5) has plead guilty, with or without explicitly admitting
guilt; plead nolo contendere; or been convicted of a felony,
gross misdemeanor, or misdemeanor involving moral turpitude,
including, but not limited to, assault, harassment, or similar
conduct has been convicted, whether by pleading guilty, with or
without admitting guilt, or pleading nolo contendere, of any of
the following offenses: any felony; any gross misdemeanor; or a
misdemeanor involving: (i) assault; (ii) harassment; (iii)
moral turpitude; or (iv) conduct similar to items (i) to (iii);
(6) has been subject to disciplinary action in another
state or jurisdiction; or
(7) has not paid subcontractors hired by the consultant or
contractor after they have been paid in full by the applicant.
Sec. 4. [CORR03-2B] Minnesota Statutes 2002, section
1160.09, subdivision 1a, as amended by 2003 S.F. No. 905,
article 3, section 42, if enacted, is amended to read:
Subd. 1a. [BOARD OF DIRECTORS.] The board of directors of
the agricultural utilization research institute is comprised of:
(1) the chairs of the senate and the house of
representatives standing committees with jurisdiction over
agriculture finance or the chair's designee;
(2) two representatives of statewide farm organizations
appointed by the commissioner;
(3) two representatives of agribusiness; and
(4) three representatives of the commodity promotion
councils.
A member of the board of directors under clauses (2) to
(4), including a member serving on July 1, 2003, may serve for a
maximum of two three-year terms. The board's compensation is
governed by section 15.0575, subdivision 3.
[EFFECTIVE DATE.] This section, as amended by 2003 S.F. No.
905, article 3, section 42, is effective July 1, 2003, and
applies to terms beginning after that date.
Sec. 5. [CORR03-3A] 2003 First Special Session S.F. No. 2,
article 1, section 16, if enacted, is amended to read:
Sec. 16. DEFICIENCY
APPROPRIATION BOARD
ON JUDICIAL STANDARDS
FISCAL YEAR 2003
General 35,000
[SPECIAL HEARING COSTS.] This
appropriation for fiscal year 2003 is
added to the appropriation in Laws
2001, First Special Session chapter 8,
article 4, section 5, to the board on
judicial standards and is to fund costs
of a public hearing for a judge. This
appropriation is available the day
following final enactment and is
available until June 30, 2003.
$35,000 is appropriated from the
general fund in fiscal year 2003 to the
board on judicial standards to fund
costs of a public hearing for a judge.
This appropriation is available until
expended.
Sec. 6. [CORR03-3B] Minnesota Statutes 2002, section
611.17, as amended by 2003 First Special Session S.F. No. 2,
article 3, section 4, if enacted, is amended to read:
Sec. 4. Minnesota Statutes 2002, section 611.17, is
amended to read:
611.17 [FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT.]
Subdivision 1. [STANDARDS FOR DISTRICT PUBLIC DEFENSE
ELIGIBILITY.] (a) Each judicial district must screen requests
for representation by the district public defender. A defendant
is financially unable to obtain counsel if:
(1) the defendant, or any dependent of the defendant who
resides in the same household as the defendant, receives
means-tested governmental benefits; or
(2) the defendant, through any combination of liquid assets
and current income, would be unable to pay the reasonable costs
charged by private counsel in that judicial district for a
defense of the same matter.
(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 forms must also contain conspicuous notice
of the applicant's obligation to make a co-payment for the
services of the district public defender, as specified under
paragraph (c). 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. The court shall not appoint a district
public defender to a defendant who is financially able to retain
private counsel but refuses to do so.
An inquiry to determine financial eligibility of a
defendant for the appointment of the district public defender
shall be made whenever possible prior to the court appearance
and by such persons as the court may direct. This inquiry may
be combined with the pre-release investigation provided for in
Minnesota Rule of Criminal Procedure 6.02, subdivision 3. In no
case shall the district public defender be required to perform
this inquiry or investigate the defendant's assets or
eligibility. The court has the sole duty to conduct a financial
inquiry. The inquiry must include the following:
(1) the liquidity of real estate assets, including the
defendant's homestead;
(2) any assets that can be readily converted to cash or
used to secure a debt;
(3) the determination of whether the transfer of an asset
is voidable as a fraudulent conveyance; and
(4) the value of all property transfers occurring on or
after the date of the alleged offense. The burden is on the
accused to show that he or she is financially unable to afford
counsel. Defendants who fail to provide information necessary
to determine eligibility shall be deemed ineligible. The court
must not appoint the district public defender as advisory
counsel.
(c) Upon appointment of the public defender, an individual
who receives public defender services shall be obligated to pay
to the court a co-payment for representation provided by a
public defender. The co-payment shall be according to the
following schedule:
(1) if the person was charged with a felony, $200;
(2) if the person was charged with a gross misdemeanor,
$100; or
(3) if the person was charged with a misdemeanor, $50.
If the person is a child and was appointed counsel under
the provisions of section 260B.163, subdivision 4, the parents
of the child shall pay to the court a co-payment of $100. If
the person is a parent of a child and the parent was appointed
counsel under the provisions of section 260C.163, subdivision 3,
the parent shall pay to the court a co-payment of $200.
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. Collection of the
co-payment may be made through the provisions of chapter 270A,
the Revenue Recapture Act.
(d) All public defender co-pay revenue collected under
paragraph (c) and revenues less statutory fees collected under
chapter 270A shall be deposited in the public defender co-pay
account in the special revenue fund.
The first $2,740,000 deposited in the public defender
co-pay account must be transferred to the general fund. This is
not an annual transfer. Receipts in excess of the first
$2,740,000 are appropriated to the board of public defense for
public defender services.
Sec. 7. [CORR03-4A] Minnesota Statutes 2002, section
349.151, subdivision 4, as amended by 2003 First Special Session
H.F. No. 1, article 2, section 86, if enacted, is amended to
read:
Sec. 86. Minnesota Statutes 2002, section 349.151,
subdivision 4, is amended to read:
Subd. 4. [POWERS AND DUTIES.] (a) The board has the
following powers and duties:
(1) to regulate lawful gambling to ensure it is conducted
in the public interest;
(2) to issue licenses to organizations, distributors,
distributor salespersons, bingo halls, manufacturers, and
gambling managers;
(3) to collect and deposit license, permit, and
registration fees due under this chapter;
(4) to receive reports required by this chapter and inspect
all premises, records, books, and other documents of
organizations, distributors, manufacturers, and bingo halls to
insure compliance with all applicable laws and rules;
(5) to make rules authorized by this chapter;
(6) to register gambling equipment and issue registration
stamps;
(7) to provide by rule for the mandatory posting by
organizations conducting lawful gambling of rules of play and
the odds and/or house percentage on each form of lawful
gambling;
(8) to report annually to the governor and legislature on
its activities and on recommended changes in the laws governing
gambling;
(9) to impose civil penalties of not more than $500 per
violation on organizations, distributors, distributor
salespersons, manufacturers, bingo halls, and gambling managers
for failure to comply with any provision of this chapter or any
rule or order of the board;
(10) to issue premises permits to organizations licensed to
conduct lawful gambling;
(11) to delegate to the director the authority to issue or
deny license and premises permit applications and renewals under
criteria established by the board;
(12) to suspend or revoke licenses and premises permits of
organizations, distributors, distributor salespersons,
manufacturers, bingo halls, or gambling managers as provided in
this chapter;
(13) to register employees of organizations licensed to
conduct lawful gambling;
(14) to require fingerprints from persons determined by
board rule to be subject to fingerprinting;
(15) to delegate to a compliance review group of the board
the authority to investigate alleged violations, issue consent
orders, and initiate contested cases on behalf of the board;
(16) to order organizations, distributors, distributor
salespersons, manufacturers, bingo halls, and gambling managers
to take corrective actions; and
(17) to take all necessary steps to ensure the integrity of
and public confidence in lawful gambling.
(b) The board, or director if authorized to act on behalf
of the board, may by citation assess any organization,
distributor, employee eligible to make sales on behalf of a
distributor, manufacturer, bingo hall licensee, or gambling
manager a civil penalty of not more than $500 per violation for
a failure to comply with any provision of this chapter or any
rule adopted or order issued by the board. Any organization,
distributor, bingo hall licensee, gambling manager, or
manufacturer assessed a civil penalty under this paragraph may
request a hearing before the board. Appeals of citations
imposing a civil penalty are not subject to the provisions of
the Administrative Procedure Act.
(c) All penalties received by the board must be deposited
in the general fund.
(d) All fees imposed by the board under sections 349.16 to
349.165 349.167 must be deposited in the state treasury and
credited to a lawful gambling regulation account in the special
revenue fund. Receipts in this account are available for the
operations of the board up to the amount authorized in biennial
appropriations from the legislature.
Sec. 8. [CORR03-4B] 2003 First Special Session H.F. No. 1,
article 2, section 126, if enacted, is amended to read:
Sec. 126. [GAMBLING CONTROL; FEE TRANSITION.]
Effective July 1, 2003, all licensees regulated by the
gambling control board must begin paying the applicable fees
under Minnesota Statutes, sections 349.16 to 349.165 349.167.
The gambling control board shall provide a onetime, prorated
credit against these fees to licensees who paid for licenses
before July 1, 2003, that were to extend beyond July 1, 2003.
Sec. 9. [CORR03-4C] Minnesota Statutes 2002, section
349.167, subdivision 2, is amended to read:
Subd. 2. [GAMBLING MANAGERS; LICENSES.] A person may not
serve as a gambling manager for an organization unless the
person possesses a valid gambling manager's license issued by
the board. In addition to the disqualifications in section
349.155, subdivision 3, the board may not issue a gambling
manager's license to a person applying for the license who:
(1) has not complied with subdivision 4, clause (1);
(2) within the five years before the date of the license
application, has committed a violation of law or board rule that
resulted in the revocation of a license issued by the board;
(3) has ever been convicted of a criminal violation
involving fraud, theft, tax evasion, misrepresentation, or
gambling; or
(4) has engaged in conduct the board determines is contrary
to the public health, welfare, or safety or the integrity of
lawful gambling.
A gambling manager's license runs concurrent with the
organization's license unless the gambling manager's license is
suspended or revoked. The fee for a gambling manager's license
is $200 $100. During the second year of an organization's
license the license fee for a new gambling manager is $100.
Sec. 10. [CORR03-5] Minnesota Statutes 2002, section
10A.04, subdivision 6, as amended by 2003 First Special Session
H.F. No. 1, article 2, section 27, if enacted, is amended to
read:
Sec. 27. Minnesota Statutes 2002, section 10A.04,
subdivision 6, is amended to read:
Subd. 6. [PRINCIPAL REPORTS.] (a) A principal must report
to the board as required in this subdivision by March 15 for the
preceding calendar year. Along with the report, the principal
must pay a fee of $50, except as otherwise provided in this
subdivision. The fee must be no more than necessary to cover
the cost of administering sections 10A.03 to 10A.06. The amount
of the fee is subject to change each biennium in accordance with
the budget request made by the board. The fee requirement
expires June 30, 2004.
(b) The principal must report the total amount, rounded to
the nearest $20,000, spent by the principal during the preceding
calendar year to influence legislative action, administrative
action, and the official action of metropolitan governmental
units.
(c) The principal must report under this subdivision a
total amount that includes:
(1) all direct payments by the principal to lobbyists in
this state;
(2) all expenditures for advertising, mailing, research,
analysis, compilation and dissemination of information, and
public relations campaigns related to legislative action,
administrative action, or the official action of metropolitan
governmental units in this state; and
(3) all salaries and administrative expenses attributable
to activities of the principal relating to efforts to influence
legislative action, administrative action, or the official
action of metropolitan governmental units in this state.
Sec. 11. [CORR03-6] 2003 S.F. No. 905, article 10, section
2, subdivision 5, if enacted, is amended to read:
Subd. 5. Office of Tourism
8,066,000 8,059,000
To develop maximum private sector
involvement in tourism, $3,500,000 the
first year and $3,500,000 the second
year of the amounts appropriated for
marketing activities are contingent on
receipt of an equal contribution from
nonstate sources that have been
certified by the commissioner. Up to
one-half of the match may be given in
in-kind contributions.
In order to maximize marketing grant
benefits, the commissioner must give
priority for joint venture marketing
grants to organizations with year-round
sustained tourism activities. For
programs and projects submitted, the
commissioner must give priority to
those that encompass two or more areas
or that attract nonresident travelers
to the state.
If an appropriation for either year for
grants is not sufficient, the
appropriation for the other year is
available for it.
The commissioner may use grant dollars
or the value of in-kind services to
provide the state contribution for the
partnership program.
Any unexpended money from general fund
appropriations made under this
subdivision does not cancel but must be
placed in a special advertising account
for use by the office of tourism to
purchase additional media.
Of this amount, $50,000 the first year
is for a onetime grant to the
Mississippi River parkway commission to
support the increased promotion of
tourism along the Great River Road.
This appropriation is available until
June 30, 2005. Notwithstanding
Minnesota Statutes 2002, section
161.1419, subdivision 8, the commission
expires on June 30, 2007.
Of this amount, $175,000 the first year
and $175,000 the second year are for
the Minnesota film board. The
appropriation in each year is available
only upon receipt by the board of $1 in
matching contributions of money or
in-kind from nonstate sources for every
$3 provided by this appropriation.
Sec. 12. [CORR03-8A] Minnesota Statutes 2002, section
126C.10, subdivision 1, as amended by 2003 First Special Session
H.F. No. 51, article 1, section 20, if enacted, is amended to
read:
Subdivision 1. [GENERAL EDUCATION REVENUE.] (a) For fiscal
year 2003, the general education revenue for each district
equals the sum of the district's basic revenue, basic skills
revenue, training and experience revenue, secondary sparsity
revenue, elementary sparsity revenue, transportation sparsity
revenue, total operating capital revenue, and equity revenue.
(b) For fiscal year 2004 and later, the general education
revenue for each district equals the sum of the district's basic
revenue, extended time revenue, basic skills revenue, training
and experience revenue, secondary sparsity revenue, elementary
sparsity revenue, transportation sparsity revenue, total
operating capital revenue, equity revenue, and transition
revenue.
Sec. 13. [CORR03-8B] Minnesota Statutes 2002, section
126C.13, subdivision 4, as amended by 2003 First Special Session
H.F. No. 51, article 1, section 33, if enacted, is amended to
read:
Subd. 4. [GENERAL EDUCATION AID.] (a) For fiscal year
2004, a district's general education aid is the sum of the
following amounts:
(1) general education revenue;
(2) shared time aid according to section 126C.01,
subdivision 7;
(3) referendum aid according to section 126C.17; and
(4) distance education on-line learning aid according to
section 126C.24.
(b) For fiscal year 2005 and later, a district's general
education aid is the sum of the following amounts:
(1) general education revenue, excluding equity revenue,
total operating capital, and transition revenue;
(2) operating capital aid according to section 126C.10,
subdivision 13b;
(3) equity aid according to section 126C.10, subdivision
30;
(3) (4) transition aid according to section 126C.10,
subdivision 33;
(4) (5) shared time aid according to section 126C.01,
subdivision 7;
(5) (6) referendum aid according to section 126C.17; and
(6) distance education (7) on-line learning aid according
to section 126C.24.
Sec. 14. [CORR03-8C] Minnesota Statutes 2002, section
126C.17, subdivision 2, as amended by 2003 First Special Session
H.F. No. 51, article 1, section 36, if enacted, is amended to
read:
Subd. 2. [REFERENDUM ALLOWANCE LIMIT.] (a) Notwithstanding
subdivision 1, for fiscal year 2003, a district's referendum
allowance must not exceed the greater of:
(1) the sum of a district's referendum allowance for fiscal
year 1994 times 1.162 plus its referendum conversion allowance
for fiscal year 2003, minus $415;
(2) 18.2 percent of the formula allowance;
(3) for a newly reorganized district created on July 1,
2002, the referendum revenue authority for each reorganizing
district in the year preceding reorganization divided by its
resident marginal cost pupil units for the year preceding
reorganization, minus $415; or
(4) for a newly reorganized district created after July 1,
2002, the referendum revenue authority for each reorganizing
district in the year preceding reorganization divided by its
resident marginal cost pupil units for the year preceding
reorganization.
(b) Notwithstanding subdivision 1, for fiscal year 2004 and
later, a district's referendum allowance must not exceed the
greater of:
(1) the sum of: (i) a district's referendum allowance for
fiscal year 1994 times 1.177 times the annual inflationary
increase as calculated under paragraph (c) plus (ii) its
referendum conversion allowance for fiscal year 2003, minus
(iii) $415;
(2) the greater of (i) 18.6 percent of the formula
allowance or (ii) the previous year's referendum allowance
$855.79 times the annual inflationary increase as calculated
under paragraph (c); or
(3) for a newly reorganized district created after July 1,
2002, the referendum revenue authority for each reorganizing
district in the year preceding reorganization divided by its
resident marginal cost pupil units for the year preceding
reorganization.
(c) For purposes of this subdivision, for fiscal year 2005
and later, "inflationary increase" means one plus the percentage
change in the Consumer Price Index for urban consumers, as
prepared by the United States Bureau of Labor Standards, for the
current fiscal year to fiscal year 2004. For fiscal years 2009
and later, for purposes of paragraph (b), clause (1), the
inflationary increase equals the inflationary increase for
fiscal year 2008 plus one-fourth of the percentage increase in
the formula allowance for that year compared with the formula
allowance for fiscal year 2008.
Sec. 15. [CORR03-8D] Minnesota Statutes 2002, section
126C.24, as added by 2003 First Special Session H.F. No. 51,
article 2, section 37, if enacted, is amended to read:
Sec. 37. [126C.24] [ON-LINE LEARNING AID.]
(a) The on-line learning aid for an on-line learning
provider equals the product of the adjusted on-line learning
average daily membership for students under section 124D.095,
subdivision 8, paragraph (d), times the student grade level
weighting under section 126C.05, subdivision 1, times the
formula allowance.
(b) Notwithstanding section 127A.45, the department must
pay each on-line learning provider 77 80 percent of the amount
in paragraph (a) within 45 days of receiving final enrollment
and course completion information each quarter or semester. A
final payment equal to 23 20 percent of the amount in paragraph
(a) must be made on September 30 of the next fiscal year.
Sec. 16. [CORR03-8E] 2003 First Special Session H.F. No.
51, article 2, section 55, subdivision 21, if enacted, is
amended to read:
Subd. 21. [DISTANCE EDUCATION ON-LINE LEARNING.]
For distance education on-line learning aid under Minnesota
Statutes, section 124D.095:
$1,000,000 ..... 2004
$1,250,000 ..... 2005
Sec. 17. [CORR03-8F] Minnesota Statutes 2002, section
123B.59, subdivision 5, as amended by 2003 First Special Session
H.F. No. 51, article 4, section 12, if enacted, is amended to
read:
Subd. 5. [LEVY AUTHORIZED.] A district may levy for costs
related to an approved facility plan as follows:
(a) if the district has indicated to the commissioner that
bonds will be issued, the district may levy for the principal
and interest payments on outstanding bonds issued according to
subdivision 3 after reduction for any alternative facilities aid
receivable under subdivision 6; or
(b) if the district has indicated to the commissioner that
the plan will be funded through levy, the district may levy
according to the schedule approved in the plan after reduction
for any alternative facilities aid receivable under subdivision
3a 6.
Sec. 18. [CORR03-8G] 2003 First Special Session H.F. No.
51, article 4, section 29, if enacted, is amended to read:
Sec. 29. [GARAGE LEASE LEVY; SARTELL.]
For taxes payable in 2004, 2005, and 2006, independent
school district No. 740, Sartell, may levy up to $107,000 each
year for the purpose of leasing a school bus storage facility.
The department of education shall include this levy in the
calculation of eligible building lease levy under Minnesota
Statutes, section 126C.40, subdivision 1. This levy shall not
allow the district to exceed the $100 $90 per resident marginal
cost pupil unit cap in that section. The district is eligible
to make this levy only if it sells its current school bus
storage site to the city of Sartell and the district may not use
this levy as part of a lease purchase agreement to replace its
current school bus storage facility.
Sec. 19. [CORR03-8H] Minnesota Statutes 2002, section
123B.75, subdivision 5, as amended by 2003 First Special Session
H.F. No. 51, article 5, section 4, if enacted, is amended to
read:
Subd. 5. [LEVY RECOGNITION.] (a) "School district tax
settlement revenue" means the current, delinquent, and
manufactured home property tax receipts collected by the county
and distributed to the school district.
(b) In June of 2003, the school district must recognize as
revenue, in the fund for which the levy was made, the lesser of:
(1) the sum of May, June, and July school district tax
settlement revenue received in that calendar year, plus general
education aid according to section 126C.13, subdivision 4,
received in July and August of that calendar year; or
(2) the sum of:
(i) 31 percent of the referendum levy certified according
to section 126C.17, in calendar year 2000; plus
(ii) the entire amount of the levy certified in the prior
calendar year according to section 124D.86, subdivision 4, for
school districts receiving revenue under sections 124D.86,
subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions
1, 2, and 3, paragraphs (b), (c), and (d); 126C.43, subdivision
2; 126C.457; and 126C.48, subdivision 6.
(c) For fiscal year 2004 and later years, in June of each
year, the school district must recognize as revenue, in the fund
for which the levy was made, the lesser of:
(1) the sum of May, June, and July school district tax
settlement revenue received in that calendar year, plus general
education aid according to section 126C.13, subdivision 4,
received in July and August of that calendar year; or
(2) the sum of:
(i) the greater of the 45 percent of the referendum levy
certified according to section 126C.17, in the prior calendar
year or 45 31 percent of the referendum levy certified according
to section 126C.17, in calendar year 2000; plus
(ii) the entire amount of the levy certified in the prior
calendar year according to section 124D.86, subdivision 4, for
school districts receiving revenue under sections 124D.86,
subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions
1, 2, and 3, paragraphs (b), (c), and (d); 126C.43, subdivision
2; 126C.457; and 126C.48, subdivision 6; plus
(iii) 45 percent of the amount of the levy certified in the
prior calendar year for the school district's general and
community service funds, plus or minus auditor's adjustments,
not including levy portions that are assumed by the state, that
remains after subtracting the referendum levy certified
according to section 126C.17 and the amount recognized according
to clause (ii).
(3) For fiscal year 2005 and later, the percent of the
referendum levy that is shifted is the greater of 31 percent or
the percent computed under paragraph (c), clause (2), item (i),
for fiscal year 2004.
Sec. 20. [CORR03-8I] 2003 First Special Session H.F. No.
51, article 5, section 34, if enacted, is amended to read:
Sec. 34. [DIRECTION TO COMMISSIONER.]
(a) Notwithstanding Minnesota Statutes, section 123B.75,
subdivision 5, the commissioner shall calculate the property tax
recognition shift percentage that raises $230,378,000 in fiscal
year 2004.
(b) Notwithstanding paragraph (a), the property tax
recognition shift percentage must not exceed 50 percent.
(c) The commissioner shall apply this percentage to the
property tax recognition shift under Minnesota Statutes, section
123B.75, subdivision 5, paragraph (c), clause (2), in fiscal
year 2004 and later.
Sec. 21. [CORR03-8J] 2003 First Special Session H.F. No.
51, article 1, section 24, if enacted, is amended to read:
Sec. 24. Minnesota Statutes 2002, section 126C.10, is
amended by adding a subdivision to read:
Subd. 13a. [OPERATING CAPITAL LEVY.] To obtain operating
capital revenue for fiscal year 2005 and later, a district may
levy an amount not more than the product of its operating
capital revenue for the fiscal year times the lesser of one or
the ratio of its adjusted net tax capacity per adjusted marginal
pupil cost pupil unit to $22,222.
Sec. 22. [CORR03-8K] 2003 First Special Session H.F. No.
51, article 1, section 51, if enacted, is amended to read:
Sec. 51. [STAFF DEVELOPMENT RESERVED REVENUE; FISCAL YEARS
2004 AND 2005.]
Notwithstanding Minnesota Statutes, section 122A.61,
subdivision 1, for fiscal years 2004 and 2005 only, a school
district must may reserve an amount equal to at least zero
percent of the basic revenue under Minnesota Statutes, section
126C.10, subdivision 2. A district may waive this requirement
by a majority vote of the licensed teachers in the district and
a majority vote of the school board. A district in statutory
operating debt is exempt from this requirement.
Sec. 23. [CORR03-8L] 2003 First Special Session H.F. No.
51, article 9, section 9, subdivision 3, if enacted, is amended
to read:
Subd. 3. [ADULT GRADUATION AID.] For adult graduation aid
under Minnesota Statutes, section 124D.54:
$2,094,000 $396,000 ..... 2004
$ 424,000 ..... 2005
The 2004 appropriation includes $396,000 for 2003 and
$1,698,000 for 2004.
The 2005 appropriation includes $424,000 for 2004 and $0
for 2005.
Sec. 24. [CORR03-8M] 2003 First Special Session H.F. No.
51, article 9, section 9, if enacted, is amended by adding a
subdivision to read:
Subd. 6. [ADULT BASIC EDUCATION TRANSITION AID.] (a) For
adult basic transition aid under section 8:
$1,698,000 ..... 2004
$ 424,000 ..... 2005
The 2004 appropriation includes $0 for 2003 and $1,698,000
for 2004.
The 2005 appropriation includes $424,000 for 2004 and $0
for 2005.
Sec. 25. [CORR03-8N] 2003 First Special Session H.F. No.
51, article 4, if enacted, is amended by adding a section to
read:
Sec. 33. Minnesota Statutes 2002, section 125B.21, is
amended to read:
125B.21 [MINNESOTA EDUCATION TELECOMMUNICATIONS COUNCIL.]
Subdivision 1. [STATE COUNCIL MEMBERSHIP.] The membership
of the Minnesota education telecommunications council
established in Laws 1993, First Special Session chapter 2, is
expanded to include representatives of elementary and secondary
education. The membership shall consist of three
representatives from the University of Minnesota; three
representatives of the board of trustees for Minnesota state
colleges and universities; one representative of the higher
education services offices; one representative appointed by the
private college council; one representative selected by the
commissioner of administration; eight representatives selected
by the commissioner of children, families, and learning
education, at least one of which must come from each of the six
higher education telecommunication regions; a representative
from the office of technology; two members each from the senate
and the house of representatives selected by the subcommittee on
committees of the committee on rules and administration of the
senate and the speaker of the house, one member from each body
must be a member of the minority party; and three
representatives of libraries, one representing regional public
libraries, one representing multitype libraries, and one
representing community libraries, selected by the governor; and
two members, one selected from and representing the higher
education regional coordinators and one selected from and
representing the kindergarten through grade 12 cluster regions.
The council shall serve as a forum to establish and advocate for
a statewide vision and plans for the use of distance learning
technologies, including:
(1) the coordination and collaboration of distance learning
opportunities;
(2) the implementation of the use of distance learning
technologies;
(3) the collaboration of distance learning users;
(4) the implementation of educational policy relating to
telecommunications;
(5) the exchange of ideas;
(6) the communications with state government and related
agencies and entities;
(7) the coordination of networks for post-secondary
campuses, kindergarten through grade 12 education, and regional
and community libraries; and
(8) the promotion of consistency of the operation of the
learning network with standards of an open system architecture.
The council expires June 30, 2004.
Sec. 26. [CORR03-10] 2003 S.F. No. 905, article 1, section
6, if enacted, is amended to read:
Sec. 6. MINNESOTA
CONSERVATION CORPS 840,000 840,000
Summary by Fund
General 350,000 350,000
Natural Resources 490,000 490,000
The Minnesota Conservation Corps may
receive money appropriated under this
section only as provided in an
agreement with the commissioner of
natural resources.
Sec. 27. [CORR03-11]
Minnesota Statutes 2002, section 471.88, subdivision 20, as
added by 2003 H.F. No. 923, section 1, if enacted, is effective
the day following final enactment.
Sec. 28. [CORR03-12]
2003 First Special Session H.F. No. 51, article 1, section
39, if enacted, is effective retroactively from July 1, 2002,
and is effective for revenue for fiscal year 2005.
Sec. 29. [CORR03-13] Minnesota Statutes 2002, section
611.27, subdivision 15, as amended by 2003 First Special Session
H.F. No. 7, article 6, section 8, if enacted, is amended to read:
Subd. 15. [COSTS OF TRANSCRIPTS.] In appeal cases and
postconviction cases where the state public defender's office
does not have sufficient funds to pay for transcripts and other
necessary expenses because it has spent or committed all of the
transcript funds in its annual budget, the state public defender
may forward to the commissioner of finance all billings for
transcripts and other necessary expenses. The commissioner
shall pay for these transcripts and other necessary expenses
from county criminal justice aid retained by the commissioner of
revenue under section 477A.0121, subdivision 4, or from county
program aid retained by the commissioner of revenue for that
purpose under section 477A.0124, subdivision 1, clause (4), or
477A.03, subdivision 2 2b, paragraph (c) (a).
Sec. 30. [CORR03-14] Minnesota Statutes 2002, section
256D.03, subdivision 4, as amended by 2003 First Special Session
H.F. No. 6, article 12, section 69, if enacted, is amended to
read:
Subd. 4. [GENERAL ASSISTANCE MEDICAL CARE; SERVICES.]
(a)(i) For a person who is eligible under subdivision 3,
paragraph (a), clause (2), item (i), general assistance medical
care covers, except as provided in paragraph (c):
(1) inpatient hospital services;
(2) outpatient hospital services;
(3) services provided by Medicare certified rehabilitation
agencies;
(4) prescription drugs and other products recommended
through the process established in section 256B.0625,
subdivision 13;
(5) equipment necessary to administer insulin and
diagnostic supplies and equipment for diabetics to monitor blood
sugar level;
(6) eyeglasses and eye examinations provided by a physician
or optometrist;
(7) hearing aids;
(8) prosthetic devices;
(9) laboratory and X-ray services;
(10) physician's services;
(11) medical transportation except special transportation;
(12) chiropractic services as covered under the medical
assistance program;
(13) podiatric services;
(14) dental services and dentures, subject to the
limitations specified in section 256B.0625, subdivision 9;
(15) outpatient services provided by a mental health center
or clinic that is under contract with the county board and is
established under section 245.62;
(16) day treatment services for mental illness provided
under contract with the county board;
(17) prescribed medications for persons who have been
diagnosed as mentally ill as necessary to prevent more
restrictive institutionalization;
(18) psychological services, medical supplies and
equipment, and Medicare premiums, coinsurance and deductible
payments;
(19) medical equipment not specifically listed in this
paragraph when the use of the equipment will prevent the need
for costlier services that are reimbursable under this
subdivision;
(20) services performed by a certified pediatric nurse
practitioner, a certified family nurse practitioner, a certified
adult nurse practitioner, a certified obstetric/gynecological
nurse practitioner, a certified neonatal nurse practitioner, or
a certified geriatric nurse practitioner in independent
practice, if (1) the service is otherwise covered under this
chapter as a physician service, (2) the service provided on an
inpatient basis is not included as part of the cost for
inpatient services included in the operating payment rate, and
(3) the service is within the scope of practice of the nurse
practitioner's license as a registered nurse, as defined in
section 148.171;
(21) services of a certified public health nurse or a
registered nurse practicing in a public health nursing clinic
that is a department of, or that operates under the direct
authority of, a unit of government, if the service is within the
scope of practice of the public health nurse's license as a
registered nurse, as defined in section 148.171; and
(22) telemedicine consultations, to the extent they are
covered under section 256B.0625, subdivision 3b.
(ii) Effective October 1, 2003, for a person who is
eligible under subdivision 3, paragraph (a), clause (2), item
(ii), general assistance medical care coverage is limited to
inpatient hospital services, including physician services
provided during the inpatient hospital stay. A $1,000
deductible is required for each inpatient hospitalization.
(b) Gender reassignment surgery and related services are
not covered services under this subdivision unless the
individual began receiving gender reassignment services prior to
July 1, 1995.
(c) In order to contain costs, the commissioner of human
services shall select vendors of medical care who can provide
the most economical care consistent with high medical standards
and shall where possible contract with organizations on a
prepaid capitation basis to provide these services. The
commissioner shall consider proposals by counties and vendors
for prepaid health plans, competitive bidding programs, block
grants, or other vendor payment mechanisms designed to provide
services in an economical manner or to control utilization, with
safeguards to ensure that necessary services are provided.
Before implementing prepaid programs in counties with a county
operated or affiliated public teaching hospital or a hospital or
clinic operated by the University of Minnesota, the commissioner
shall consider the risks the prepaid program creates for the
hospital and allow the county or hospital the opportunity to
participate in the program in a manner that reflects the risk of
adverse selection and the nature of the patients served by the
hospital, provided the terms of participation in the program are
competitive with the terms of other participants considering the
nature of the population served. Payment for services provided
pursuant to this subdivision shall be as provided to medical
assistance vendors of these services under sections 256B.02,
subdivision 8, and 256B.0625. For payments made during fiscal
year 1990 and later years, the commissioner shall consult with
an independent actuary in establishing prepayment rates, but
shall retain final control over the rate methodology.
(d) Recipients eligible under subdivision 3, paragraph (a),
clause (2), item (i), shall pay the following co-payments for
services provided on or after October 1, 2003:
(1) $3 per nonpreventive visit. For purposes of this
subdivision, a visit means an episode of service which is
required because of a recipient's symptoms, diagnosis, or
established illness, and which is delivered in an ambulatory
setting by a physician or physician ancillary, chiropractor,
podiatrist, nurse midwife, mental health professional, advanced
practice nurse, physical therapist, occupational therapist,
speech therapist, audiologist, optician, or optometrist;
(2) $25 for eyeglasses;
(3) $25 for nonemergency visits to a hospital-based
emergency room;
(4) $3 per brand-name drug prescription and $1 per generic
drug prescription, subject to a $20 per month maximum for
prescription drug co-payments. No co-payments shall apply to
antipsychotic drugs when used for the treatment of mental
illness; and
(5) 50 percent coinsurance on basic restorative dental
services.
(e) Recipients of general assistance medical care are
responsible for all co-payments in this subdivision. The
general assistance medical care reimbursement to the provider
shall be reduced by the amount of the co-payment, except that
reimbursement for prescription drugs shall not be reduced once a
recipient has reached the $20 per month maximum for prescription
drug co-payments. The provider collects the co-payment from the
recipient. Providers may not deny services to recipients who
are unable to pay the co-payment, except as provided in
paragraph (f).
(f) If it is the routine business practice of a provider to
refuse service to an individual with uncollected debt, the
provider may include uncollected co-payments under this
section. A provider must give advance notice to a recipient
with uncollected debt before services can be denied.
(g) Any county may, from its own resources, provide medical
payments for which state payments are not made.
(h) Chemical dependency services that are reimbursed under
chapter 254B must not be reimbursed under general assistance
medical care.
(i) The maximum payment for new vendors enrolled in the
general assistance medical care program after the base year
shall be determined from the average usual and customary charge
of the same vendor type enrolled in the base year.
(j) The conditions of payment for services under this
subdivision are the same as the conditions specified in rules
adopted under chapter 256B governing the medical assistance
program, unless otherwise provided by statute or rule.
(k) Inpatient and outpatient payments shall be reduced by
five percent, effective July 1, 2003. This reduction is in
addition to the five percent reduction effective July 1, 2003,
and incorporated by reference in paragraph (i).
(l) Payments for all other health services except
inpatient, outpatient, and pharmacy services shall be reduced by
five percent, effective July 1, 2003.
(m) Payments to managed care plans shall be reduced by five
percent for services provided on or after October 1, 2003.
(n) A hospital receiving a reduced payment as a result of
this section may apply the unpaid balance toward satisfaction of
the hospital's bad debts.
Sec. 31. [CORR03-15] Minnesota Statutes 2002, section
297F.08, subdivision 12, as added by Laws 2003, chapter 127,
article 14, section 7, is amended to read:
Subd. 12. [CIGARETTES IN INTERSTATE COMMERCE.] (a) A
person may not transport or cause to be transported from this
state cigarettes for sale in another state without first
affixing to the cigarettes the stamp required by the state in
which the cigarettes are to be sold or paying any other excise
tax on the cigarettes imposed by the state in which the
cigarettes are to be sold.
(b) A person may not affix to cigarettes the stamp required
by another state or pay any other excise tax on the cigarettes
imposed by another state if the other state prohibits stamps
from being affixed to the cigarettes, prohibits the payment of
any other excise tax on the cigarettes, or prohibits the sale of
the cigarettes.
(c) Not later than 15 days after the end of each calendar
quarter, a person who transports or causes to be transported
from this state cigarettes for sale in another state shall
submit to the commissioner a report identifying the quantity and
style of each brand of the cigarettes transported or caused to
be transported in the preceding calendar quarter, and the name
and address of each recipient of the cigarettes.
(d) For purposes of this section, "person" has the meaning
given in section 297F.01, subdivision 12. Person does not
include any common or contract carrier, or public warehouse that
is not owned, in whole or in part, directly or indirectly by
such person, and does not include a manufacturer that has
entered into the Master Settlement Agreement with other states.
Sec. 32. [EFFECTIVE DATE.]
Unless otherwise provided, each section of this act takes
effect at the time the provision being corrected takes effect.
Presented to the governor May 30, 2003
Signed by the governor June 12, 2003, 8:32 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes