Minnesota Legislature
HF 2037
3rd Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:27pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to the state budget; balancing proposed general fund spending and
1.3anticipated general fund revenue; modifying certain payment schedules to
1.4improve cash flow; making reductions in appropriations for E-12 education,
1.5higher education, environment and natural resources, energy and commerce,
1.6agriculture, economic development, transportation, public safety, state
1.7government, human services, and health; modifying calculation of state tax aids
1.8and credits; providing for deposit of certain receipts in the special revenue
1.9fund rather than the general fund; adding a fourth tier to income tax rates;
1.10appropriating money;amending Minnesota Statutes 2008, sections 3.9741,
1.11subdivision 2; 8.15, subdivision 3; 13.03, subdivision 10; 16C.23, subdivision
1.126; 103B.101, subdivision 9; 103I.681, subdivision 11; 116J.551, subdivision 1;
1.13123B.75, subdivisions 5, 9, by adding a subdivision; 126C.48, subdivision 7;
1.14127A.441; 127A.45, subdivisions 2, 13; 127A.46; 190.32; 256B.76, subdivision
1.154; 257.69, subdivision 2; 260C.331, subdivision 6; 273.1384, subdivision 6,
1.16as added; 276.112; 289A.60, by adding a subdivision; 290.06, subdivision 2d;
1.17299C.48; 299E.02; 446A.086, subdivision 2, as amended; 469.177, subdivision
1.1811; 518.165, subdivision 3; 609.3241; 611.20, subdivision 3; Minnesota Statutes
1.192009 Supplement, sections 123B.54; 137.025, subdivision 1; 256B.056,
1.20subdivision 3c; 256B.0659, subdivision 11; 256B.441, subdivision 55; 256B.69,
1.21subdivision 5a; 256B.76, subdivision 1; 256B.766; 270.97; 289A.20, subdivision
1.224; 290.06, subdivision 2c; Laws 1994, chapter 531, section 1; Laws 2009,
1.23chapter 79, article 13, sections 3, subdivision 8, as amended; 4, subdivision 4, as
1.24amended; Laws 2009, chapter 96, article 1, section 24, subdivisions 2, 5, 6, 7;
1.25article 2, section 67, subdivisions 2, 3, 4, 7, 9; article 3, section 21, subdivisions
1.262, 3, 4, 5; article 4, section 12, subdivisions 2, 3, 4, 6; article 5, section 13,
1.27subdivisions 4, 6, 7, 9; article 6, section 11, subdivisions 2, 3, 4, 6, 7, 8, 9, 12;
1.28article 7, section 3, subdivision 2; Laws 2010, chapter 215, article 3, section 3,
1.29subdivision 6; article 13, section 6; proposing coding for new law in Minnesota
1.30Statutes, chapter 477A.
1.31BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.1 The amounts shown in this section summarize general fund direct and open
2.2appropriations, and transfers into the general fund from other funds, made in this act, after
2.3forecast adjustments and after voiding certain allotment reductions.
2.20 Sec. 2. ALLOTMENT REDUCTIONS VOID.
2.21The allotment reductions made by the commissioner of management and budget
2.22from July 1, 2009, to the effective date of this section are void.
2.23EFFECTIVE DATE.This section is effective the day following final enactment.
2.26 Section 1. Minnesota Statutes 2008, section 127A.46, is amended to read:
2.27127A.46 CHANGE IN PAYMENT OF AIDS AND CREDITS.
2.28If the commissioner of management and budget determines that modifications in the
2.29payment schedule would reduce the need for state short-term borrowing, the commissioner
2.30shall may modify payments to districts according to this section. The modifications must
2.31begin no sooner than September 1 of each fiscal year, and must remain in effect until no
2.32later than May 30 of that same fiscal year. In calculating the payment to a district pursuant
2.33to section127A.45, subdivision 3 , the commissioner may subtract the sum specified in
2.34that subdivision, plus an additional amount no greater than the following:
3.1(1) the net cash balance in each of the district's operating funds on June 30 of the
3.2preceding fiscal year; minus
3.3(2) the product of$150 $700 times the number of resident pupil units in the
3.4preceding fiscal year; minus
3.5(3) the amount of payments made by the county treasurer during the preceding fiscal
3.6year, pursuant to section276.11 , which is considered revenue for the current school year.
3.7However, no additional amount shall be subtracted if the total of the net unappropriated
3.8fund balances in the district's four operating funds on June 30 of the preceding fiscal year,
3.9is less than the product of$350 $700 times the number of resident pupil units in the
3.10preceding fiscal year. The net cash balance must include all cash and investments, less
3.11certificates of indebtedness outstanding, and orders not paid for want of funds.
3.12A district may appeal the payment schedule established by this section according to
3.13the procedures established in section127A.45, subdivision 4 .
3.14 Sec. 2. Minnesota Statutes 2009 Supplement, section 137.025, subdivision 1, is
3.15amended to read:
3.16 Subdivision 1. Monthly payments. The commissioner of management and budget
3.17shall pay 1/12 of the annual appropriation to the University of Minnesotaon by the 21st
3.1825th day of each month. If the21st 25th day of the month falls on a Saturday or Sunday,
3.19the monthly payment must be madeon by the first business day immediately following
3.20the21st 25th day of the month.
3.21 Sec. 3. Minnesota Statutes 2008, section 276.112, is amended to read:
3.22276.112 STATE PROPERTY TAXES; COUNTY TREASURER.
3.23Onor before January 25 each year, for the period ending December 31 of the
3.24prior year, and on or before June 28 each year, for the period ending on the most recent
3.25settlement day determined in section
276.09, and on or before December 2 each year, for
3.26the period ending November 20 the estimated payment and settlement dates provided in
3.27this chapter for the settlement of taxes levied by school districts, the county treasurer must
3.28make full settlement with the county auditoraccording to sections
276.09,
276.10, and
3.29276.111275.025 , and must
3.30transmit those receipts to the commissioner of revenue by electronic means on the dates
3.31and according to the provisions applicable to distributions to school districts.
3.32EFFECTIVE DATE.This section is effective for distributions beginning October
3.331, 2010, and thereafter.
4.1 Sec. 4. Minnesota Statutes 2009 Supplement, section 289A.20, subdivision 4, is
4.2amended to read:
4.3 Subd. 4. Sales and use tax. (a) The taxes imposed by chapter 297A are due and
4.4payable to the commissioner monthly on or before the 20th day of the month following
4.5the month in which the taxable event occurred, or following another reporting period
4.6as the commissioner prescribes or as allowed under section289A.18, subdivision 4 ,
4.7paragraph (f) or (g), except that:
4.8(1) use taxes due on an annual use tax return as provided under section289A.11,
4.9subdivision 1 , are payable by April 15 following the close of the calendar year.; and
4.10(2) except as provided in paragraph (f), for a vendor having a liability of $120,000
4.11or more during a fiscal year ending June 30, 2009, and fiscal years thereafter, the taxes
4.12imposed by chapter 297A, except as provided in paragraph (b), are due and payable to the
4.13commissioner monthly in the following manner:
4.14(i) on or before the 14th day of the month following the month in which the taxable
4.15event occurred, the vendor must remit to the commissioner 90 percent of the estimated
4.16liability for the month in which the taxable event occurred; and
4.17(ii) on or before the 20th day of the month following the month in which the taxable
4.18event occurred, the vendor must pay any additional amount of tax not remitted on or
4.19before the 14th day of the month following the month in which the taxable event occurred.
4.20 (b) Notwithstanding paragraph (a), a vendor having a liability of $120,000 or more
4.21during a fiscal year ending June 30 must remit the June liability for the next year in the
4.22following manner:
4.23 (1) Two business days before June 30 of the year, the vendor must remit 90 percent
4.24of the estimated June liability to the commissioner.
4.25 (2) On or before August 20 of the year, the vendor must pay any additional amount
4.26of tax not remitted in June.
4.27 (c) A vendor having a liability of:
4.28 (1) $20,000 or more in the fiscal year ending June 30, 2005; or
4.29(2) $10,000 or more in the, but less than $120,000 during a fiscal year ending June
4.3030,2006 2009, and fiscal years thereafter, must remit by electronic means all liabilities on
4.31returns due for periods beginning in the subsequent calendar yearby electronic means
4.32on or before the 20th day of the month following the month in which the taxable event
4.33occurred, or on or before the 20th day of the month following the month in which the sale
4.34is reported under section289A.18, subdivision 4 , except for 90 percent of the estimated
4.35June liability, which is due two business days before June 30. The remaining amount of
4.36the June liability is due on August 20.; or
5.1(2) $120,000 or more, during a fiscal year ending June 30, 2009, and fiscal years
5.2thereafter, must remit by electronic means all liabilities in the manner provided in
5.3paragraph (a), clause (2), on returns due for periods beginning in the subsequent calendar
5.4year, except for 90 percent of the estimated June liability, which is due two business days
5.5before June 30. The remaining amount of the June liability is due on August 20.
5.6(d) Notwithstanding paragraph (b) or (c), a person prohibited by the person's
5.7religious beliefs from paying electronically shall be allowed to remit the payment by mail.
5.8The filer must notify the commissioner of revenue of the intent to pay by mail before
5.9doing so on a form prescribed by the commissioner. No extra fee may be charged to a
5.10person making payment by mail under this paragraph. The payment must be postmarked
5.11at least two business days before the due date for making the payment in order to be
5.12considered paid on a timely basis.
5.13(e) Whenever the liability is $120,000 or more separately for (1) the tax imposed
5.14under chapter 297A; (2) a fee that is to be reported on the same return as and paid with the
5.15chapter 297A taxes; or (3) any other tax that is to be reported on the same return as and
5.16paid with the chapter 297A taxes, then the payment of all the liabilities on the return must
5.17be accelerated as provided in this subdivision.
5.18(f) At the start of the first calendar quarter at least 90 days after the cash flow
5.19account established in section 16A.152, subdivision 1, and the budget reserve account
5.20established in section 16A.152, subdivision 1a, reach the amounts listed in section
5.2116A.152, subdivision 2, paragraph (a), the remittance of estimated sales tax collections
5.22by the 14th day of a month required under paragraph (a), clause (2), shall be suspended.
5.23The commissioner of management and budget shall notify the commissioner of revenue
5.24when the accounts have reached the required amounts. Beginning with the suspension
5.25of paragraph (a), clause (2), for a vendor with a liability of $120,000 or more during a
5.26fiscal year ending June 30, 2009, and fiscal years thereafter, the taxes imposed by chapter
5.27297A are due and payable to the commissioner on the 20th day of the month following the
5.28month in which the taxable event occurred. Payments of tax liabilities for taxable events
5.29occurring in June under paragraph (b) are not changed.
5.30EFFECTIVE DATE.This section is effective for taxes due and payable after
5.31September 1, 2010.
5.32 Sec. 5. Minnesota Statutes 2008, section 289A.60, is amended by adding a subdivision
5.33to read:
5.34 Subd. 31. Accelerated payment of monthly sales tax liability; penalty for
5.35underpayment. For payments made after September 1, 2010, if a vendor is required
6.1by section 289A.20, subdivision 4, to remit a 90 percent payment by the 14th day of
6.2the month following the month in which the taxable event occurred, as an estimation
6.3of monthly sales tax liabilities, including the liability of any fee or other tax that is to
6.4be reported on the same return as and paid with the chapter 297A taxes, for the month
6.5in which the taxable event occurred, the vendor shall pay a penalty equal to ten percent
6.6of the amount of liability that was required to be paid by the 14th day of the month less
6.7the amount remitted by the 14th day of the month. The penalty must not be imposed,
6.8however, if the amount remitted by the 14th day of the month equals the lesser of (1) 90
6.9percent of the liability for the month preceding the month in which the taxable event
6.10occurred; (2) 90 percent of the liability for the same month in the previous calendar year
6.11as the month in which the taxable event occurred; or (3) 90 percent of the average monthly
6.12liability for the previous calendar year.
6.13EFFECTIVE DATE.This section is effective for taxes due and payable after
6.14September 1, 2010.
6.17 Section 1. Minnesota Statutes 2008, section 123B.75, is amended by adding a
6.18subdivision to read:
6.19 Subd. 1a. Definition. For the purposes of this section, "school district tax settlement
6.20revenue" means the current, delinquent, and manufactured home property tax receipts
6.21collected by the county and distributed to the school district.
6.22EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
6.23 Sec. 2. Minnesota Statutes 2008, section 123B.75, subdivision 5, is amended to read:
6.24 Subd. 5. Levy recognition. (a)"School district tax settlement revenue" means the
6.25current, delinquent, and manufactured home property tax receipts collected by the county
6.26and distributed to the school district.
6.27(b) For fiscal year 2004 and later years 2009 and 2010, in June of each year, the
6.28school district must recognize as revenue, in the fund for which the levy was made, the
6.29lesser of:
6.30(1) the sum of May, June, and July school district tax settlement revenue received in
6.31that calendar year, plus general education aid according to section126C.13, subdivision
6.324 , received in July and August of that calendar year; or
6.33(2) the sum of:
7.1(i) 31 percent of the referendum levy certified according to section126C.17 , in
7.2calendar year 2000; and
7.3(ii) the entire amount of the levy certified in the prior calendar year according to
7.4section124D.86, subdivision 4 , for school districts receiving revenue under sections
7.5124D.86, subdivision 3
, clauses (1), (2), and (3);
126C.41, subdivisions 1, 2, paragraph
7.6(a), and 3 , paragraphs (b), (c), and (d);
126C.43, subdivision 2 ;
126C.457 ; and
126C.48,
7.7subdivision 6 ; plus
7.8(iii) zero percent of the amount of the levy certified in the prior calendar year for the
7.9school district's general and community service funds, plus or minus auditor's adjustments,
7.10not including the levy portions that are assumed by the state, that remains after subtracting
7.11the referendum levy certified according to section 126C.17 and the amount recognized
7.12according to item (ii).
7.13(b) For fiscal year 2011 and later years, in June of each year, the school district must
7.14recognize as revenue, in the fund for which the levy was made, the lesser of:
7.15(1) the sum of May, June, and July school district tax settlement revenue received in
7.16that calendar year, plus general education aid according to section 126C.13, subdivision
7.174, received in July and August of that calendar year; or
7.18(2) the sum of:
7.19(i) the greater of 48.6 percent of the referendum levy certified according to section
7.20126C.17 in the prior calendar year, or 31 percent of the referendum levy certified
7.21according to section 126C.17 in calendar year 2000; plus
7.22(ii) the entire amount of the levy certified in the prior calendar year according to
7.23section 124D.86, subdivision 4, for school districts receiving revenue under sections
7.24124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, paragraph
7.25(a), and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 2; 126C.457; and 126C.48,
7.26subdivision 6; plus
7.27(iii) 48.6 percent of the amount of the levy certified in the prior calendar year for the
7.28school district's general and community service funds, plus or minus auditor's adjustments,
7.29not including the levy portions that are assumed by the state, that remains after subtracting
7.30the referendum levy certified according to section 126C.17 and the amount recognized
7.31according to item (ii).
7.32EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
7.33 Sec. 3. Minnesota Statutes 2008, section 123B.75, subdivision 9, is amended to read:
7.34 Subd. 9. Commissioner shall specify fiscal year. The commissioner shall specify
7.35the fiscal year or years to which the revenue from any aid or tax levy is applicable if
8.1Minnesota Statutes do not so specify. The commissioner must report to the chairs and
8.2ranking minority members of the house of representatives and senate committees with
8.3jurisdiction over education finance by January 15 of each year any adjustments under this
8.4subdivision in the previous year.
8.5 Sec. 4. Minnesota Statutes 2008, section 126C.48, subdivision 7, is amended to read:
8.6 Subd. 7. Reporting. For each tax settlement, the county auditor shall report to each
8.7school district by fund, the district tax settlement revenue defined in section123B.75,
8.8subdivision5
, paragraph (a) 1a, on the form specified in section
276.10 . The county auditor
8.9shall send to the district a copy of the spread levy report specified in section275.124 .
8.10EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
8.11 Sec. 5. Minnesota Statutes 2008, section 127A.441, is amended to read:
8.12127A.441 AID REDUCTION; LEVY REVENUE RECOGNITION CHANGE.
8.13 Each year, the state aids payable to any school district for that fiscal year that are
8.14recognized as revenue in the school district's general and community service funds shall
8.15be adjusted by an amount equal to (1) the amount the district recognized as revenue for the
8.16prior fiscal year pursuant to section123B.75, subdivision 5 , paragraph (a) or (b), minus (2)
8.17the amount the district recognized as revenue for the current fiscal year pursuant to section
8.18123B.75, subdivision 5
, paragraph (a) or (b). For purposes of making the aid adjustments
8.19under this section, the amount the district recognizes as revenue for either the prior fiscal
8.20year or the current fiscal year pursuant to section123B.75, subdivision 5 , paragraph (b),
8.21shall not include any amount levied pursuant to section124D.86, subdivision 4 , for school
8.22districts receiving revenue under sections124D.86, subdivision 3 , clauses (1), (2), and (3);
8.23126C.41, subdivisions 1, 2, and 3
, paragraphs (b), (c), and (d);
126C.43, subdivision 2 ;
8.24126C.457
; and
126C.48, subdivision 6 . Payment from the permanent school fund shall not
8.25be adjusted pursuant to this section. The school district shall be notified of the amount of
8.26the adjustment made to each payment pursuant to this section.
8.27EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
8.28 Sec. 6. Minnesota Statutes 2008, section 127A.45, subdivision 2, is amended to read:
8.29 Subd. 2. Definitions. (a)The term "Other district receipts" means payments by
8.30county treasurers pursuant to section276.10 , apportionments from the school endowment
8.31fund pursuant to section127A.33 , apportionments by the county auditor pursuant to
9.1section127A.34, subdivision 2 , and payments to school districts by the commissioner of
9.2revenue pursuant to chapter 298.
9.3(b)The term "Cumulative amount guaranteed" means the product of
9.4(1) the cumulative disbursement percentage shown in subdivision 3; times
9.5(2) the sum of
9.6(i) the current year aid payment percentage of the estimated aid and credit
9.7entitlements paid according to subdivision 13; plus
9.8(ii) 100 percent of the entitlements paid according to subdivisions 11 and 12; plus
9.9(iii) the other district receipts.
9.10(c)The term "Payment date" means the date on which state payments to districts
9.11are made by the electronic funds transfer method. If a payment date falls on a Saturday,
9.12a Sunday, or a weekday which is a legal holiday, the payment shall be made on the
9.13immediately preceding business day. The commissioner may make payments on dates
9.14other than those listed in subdivision 3, but only for portions of payments from any
9.15preceding payment dates which could not be processed by the electronic funds transfer
9.16method due to documented extenuating circumstances.
9.17(d) The current year aid payment percentage equals 73 in fiscal years 2010 and
9.182011 and 90 in fiscal years 2012 and later.
9.19EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
9.20 Sec. 7. Minnesota Statutes 2008, section 127A.45, subdivision 13, is amended to read:
9.21 Subd. 13. Aid payment percentage. Except as provided in subdivisions 11, 12, 12a,
9.22and 14, each fiscal year, all education aids and credits in this chapter and chapters 120A,
9.23120B, 121A, 122A, 123A, 123B, 124D, 125A, 125B, 126C, 134, and section273.1392 ,
9.24shall be paid at the current year aid payment percentage of the estimated entitlement during
9.25the fiscal year of the entitlement.For the purposes of this subdivision, a district's estimated
9.26entitlement for special education excess cost aid under section
125A.79 for fiscal year
9.272005 equals 70 percent of the district's entitlement for the second prior fiscal year. For the
9.28purposes of this subdivision, a district's estimated entitlement for special education excess
9.29cost aid under section125A.79 for fiscal year 2006 and later equals 74.0 percent of the
9.30district's entitlement for the current fiscal year. The final adjustment payment, according
9.31to subdivision 9, must be the amount of the actual entitlement, after adjustment for actual
9.32data, minus the payments made during the fiscal year of the entitlement.
9.33 Sec. 8. Laws 2009, chapter 96, article 1, section 24, subdivision 2, is amended to read:
10.1 Subd. 2. General education aid. For general education aid under Minnesota
10.2Statutes, section126C.13, subdivision 4 :
10.7The 2010 appropriation includes $555,864,000 $553,591,000 for 2009 and
10.8$4,639,640,000 $3,737,831,000 for 2010.
10.9The 2011 appropriation includes$500,976,000 $1,363,306,000 for 2010 and
10.10$5,126,018,000 $3,584,642,000 for 2011.
10.11 Sec. 9. Laws 2009, chapter 96, article 6, section 11, subdivision 6, is amended to read:
10.12 Subd. 6. Educate parents partnership. For the educate parents partnership under
10.13Minnesota Statutes, section124D.129 :
10.16Any balance in the first year does not cancel but is available in the second year.
10.17 Sec. 10. Laws 2009, chapter 96, article 6, section 11, subdivision 7, is amended to read:
10.18 Subd. 7. Kindergarten entrance assessment initiative and intervention
10.19program. For the kindergarten entrance assessment initiative and intervention program
10.20under Minnesota Statutes, section124D.162 :
10.23Any balance in the first year does not cancel but is available in the second year.
10.24 Sec. 11. Laws 2009, chapter 96, article 7, section 3, subdivision 2, is amended to read:
10.25 Subd. 2. Department. (a) For the Department of Education:
10.30Any balance in the first year does not cancel but is available in the second year.
10.31(b) $260,000 each year is for the Minnesota Children's Museum.
10.32(c) $41,000 each year is for the Minnesota Academy of Science.
10.33(d)$632,000 $618,000 each year is for the Board of Teaching. Any balance in the
10.34first year does not cancel but is available in the second year.
11.1(e)$171,000 $167,000 each year is for the Board of School Administrators. Any
11.2balance in the first year does not cancel but is available in the second year.
11.3(f)$40,000 each year $10,000 is for an early hearing loss intervention coordinator
11.4under Minnesota Statutes, section125A.63, subdivision 5 . This appropriation is for
11.5fiscal year 2010 only. If the department expends federal funds to employ a hearing
11.6loss coordinator under Minnesota Statutes, section125A.63, subdivision 5 , then the
11.7appropriation under this paragraph is reallocated for purposes of employing a world
11.8languages coordinator.
11.9(g) $50,000 each year is for the Duluth Children's Museum.
11.10(h) None of the amounts appropriated under this subdivision may be used for
11.11Minnesota's Washington, D.C., office.
11.12(i) The expenditures of federal grants and aids as shown in the biennial budget
11.13document and its supplements are approved and appropriated and shall be spent as
11.14indicated. The commissioner must provide, to the K-12 Education Finance Division in
11.15the house of representatives and the E-12 Budget Division in the senate, details about the
11.16distribution of state incentive grants, education technology state grants, teacher incentive
11.17funds, and statewide data system funds as outlined in the supplemental federal funds
11.18submission dated March 25, 2009.
11.19 Sec. 12. ADVANCE FINAL PAYMENT; FISCAL YEARS 2010 AND 2011.
11.20(a) Notwithstanding Minnesota Statutes, section 127A.45, subdivisions 3 and
11.217, for fiscal years 2010 and 2011 only, a school district or charter school exceeding its
11.22expenditure limitations under Minnesota Statutes, section 123B.83, as of June 30, 2009, or
11.23June 30, 2010, may receive a portion of its final payment for the current fiscal year on
11.24June 20, if requested by the district or charter school. The amount paid under this section
11.25must not exceed the lesser of:
11.26(1) the difference between 90 percent and the current year aid payment percentage
11.27under Minnesota Statutes, section 127A.45, subdivision 2, paragraph (d), in the current
11.28fiscal year times the sum of the district or charter school's general education aid plus the
11.29aid adjustment in Minnesota Statutes, section 127A.50, for the current fiscal year; or
11.30(2) the amount by which the district or charter school's net negative unreserved
11.31general fund balance as of June 30 of the prior fiscal year exceeds 2.5 percent of the
11.32district or charter school's expenditures for that fiscal year.
11.33(b) The state total advance final payment under this subdivision for any fiscal year
11.34must not exceed $7,500,000. If the amount exceeds $7,500,000, the advance final payment
11.35for each eligible district must be reduced proportionately.
12.1EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
12.4 Section 1. Minnesota Statutes 2009 Supplement, section 123B.54, is amended to read:
12.5123B.54 DEBT SERVICE APPROPRIATION.
12.6 (a)$9,109,000 in fiscal year 2009, $7,948,000 in fiscal year 2010, $9,275,000 in
12.7fiscal year 2011, $9,574,000 $16,900,000 in fiscal year 2012, and $8,904,000 $19,175,000
12.8in fiscal year 2013 and later are appropriated from the general fund to the commissioner of
12.9education for payment of debt service equalization aid under section123B.53 .
12.10 (b) The appropriations in paragraph (a) must be reduced by the amount of any
12.11money specifically appropriated for the same purpose in any year from any state fund.
12.12 Sec. 2. Laws 2009, chapter 96, article 1, section 24, subdivision 5, is amended to read:
12.13 Subd. 5. Consolidation transition. For districts consolidating under Minnesota
12.14Statutes, section123A.485 :
12.17The 2010 appropriation includes $0 for 2009 and $854,000 $684,000 for 2010.
12.18The 2011 appropriation includes$94,000 $252,000 for 2010 and $833,000 $338,000
12.19for 2011.
12.20 Sec. 3. Laws 2009, chapter 96, article 1, section 24, subdivision 6, is amended to read:
12.21 Subd. 6. Nonpublic pupil education aid. For nonpublic pupil education aid under
12.22Minnesota Statutes, sections123B.40 to
123B.43 and
123B.87 :
12.27The 2010 appropriation includes $1,647,000 $1,067,000 for 2009 and $15,603,000
12.28$11,794,000 for 2010.
12.29The 2011 appropriation includes$1,733,000 $4,362,000for 2010 and $16,156,000
12.30$12,301,000 for 2011.
12.31 Sec. 4. Laws 2009, chapter 96, article 1, section 24, subdivision 7, is amended to read:
13.1 Subd. 7. Nonpublic pupil transportation. For nonpublic pupil transportation aid
13.2under Minnesota Statutes, section123B.92, subdivision 9 :
13.7The 2010 appropriation includes $2,077,000 for 2009 and $20,082,000 $15,220,000
13.8for 2010.
13.9The 2011 appropriation includes$2,231,000 $5,629,000 for 2010 and $20,481,000
13.10$14,704,000 for 2011.
13.11 Sec. 5. Laws 2009, chapter 96, article 2, section 67, subdivision 2, is amended to read:
13.12 Subd. 2. Charter school building lease aid. For building lease aid under Minnesota
13.13Statutes, section124D.11, subdivision 4 :
13.18The 2010 appropriation includes $3,704,000 for 2009 and $36,749,000 $31,129,000
13.19for 2010.
13.20The 2011 appropriation includes$4,083,000 $11,513,000 for 2010 and $40,692,000
13.21$34,857,000 for 2011.
13.22 Sec. 6. Laws 2009, chapter 96, article 2, section 67, subdivision 3, is amended to read:
13.23 Subd. 3. Charter school startup aid. For charter school startup cost aid under
13.24Minnesota Statutes, section124D.11 :
13.29The 2010 appropriation includes $202,000 for 2009 and $1,286,000 $1,016,000
13.30for 2010.
13.31The 2011 appropriation includes$142,000 $375,000 for 2010 and $922,000
13.32$384,000 for 2011.
13.33 Sec. 7. Laws 2009, chapter 96, article 2, section 67, subdivision 4, is amended to read:
13.34 Subd. 4. Integration aid. For integration aid under Minnesota Statutes, section
13.35124D.86, subdivision 5
:
14.5The 2010 appropriation includes $6,110,000 $5,832,000 for 2009 and $59,248,000
14.6$44,980,000 for 2010.
14.7The 2011 appropriation includes$6,583,000 $16,636,000 for 2010 and $58,901,000
14.8$47,081,000 for 2011.
14.9 Sec. 8. Laws 2009, chapter 96, article 2, section 67, subdivision 7, is amended to read:
14.10 Subd. 7. Success for the future. For American Indian success for the future grants
14.11under Minnesota Statutes, section124D.81 :
14.15The 2010 appropriation includes $213,000 for 2009 and $1,924,000 $1,561,000
14.16for 2010.
14.17The 2011 appropriation includes$213,000 $576,000 for 2010 and $1,924,000
14.18$1,561,000 for 2011.
14.19 Sec. 9. Laws 2009, chapter 96, article 2, section 67, subdivision 9, is amended to read:
14.20 Subd. 9. Tribal contract schools. For tribal contract school aid under Minnesota
14.21Statutes, section124D.83 :
14.26The 2010 appropriation includes $191,000 for 2009 and $1,839,000 $1,511,000
14.27for 2010.
14.28The 2011 appropriation includes$204,000 $558,000 for 2010 and $2,007,000
14.29$1,628,000 for 2011.
14.30 Sec. 10. Laws 2009, chapter 96, article 3, section 21, subdivision 2, is amended to read:
14.31 Subd. 2. Special education; regular. For special education aid under Minnesota
14.32Statutes, section125A.75 :
15.5The 2010 appropriation includes $71,947,000 for 2009 and $662,124,000
15.6$537,056,000 for 2010.
15.7The 2011 appropriation includes$73,569,000 $198,637,000 for 2010 and
15.8$707,928,000 $574,208,000 for 2011.
15.9 Sec. 11. Laws 2009, chapter 96, article 3, section 21, subdivision 3, is amended to read:
15.10 Subd. 3. Aid for children with disabilities. For aid under Minnesota Statutes,
15.11section125A.75, subdivision 3 , for children with disabilities placed in residential facilities
15.12within the district boundaries for whom no district of residence can be determined:
15.17If the appropriation for either year is insufficient, the appropriation for the other
15.18year is available.
15.19 Sec. 12. Laws 2009, chapter 96, article 3, section 21, subdivision 4, is amended to read:
15.20 Subd. 4. Travel for home-based services. For aid for teacher travel for home-based
15.21services under Minnesota Statutes, section125A.75, subdivision 1 :
15.24The 2010 appropriation includes $24,000 for 2009 and $234,000 $200,000 for 2010.
15.25The 2011 appropriation includes$26,000 $73,000 for 2010 and $256,000 $218,000
15.26for 2011.
15.27 Sec. 13. Laws 2009, chapter 96, article 3, section 21, subdivision 5, is amended to read:
15.28 Subd. 5. Special education; excess costs. For excess cost aid under Minnesota
15.29Statutes, section125A.79, subdivision 7 :
15.34The 2010 appropriation includes $37,046,000 for 2009 and $73,825,000 $59,880,000
15.35for 2010.
16.1The 2011 appropriation includes$37,022,000 $50,967,000 for 2010 and $73,855,000
16.2$59,904,000 for 2011.
16.3 Sec. 14. Laws 2009, chapter 96, article 4, section 12, subdivision 2, is amended to read:
16.4 Subd. 2. Health and safety revenue. For health and safety aid according to
16.5Minnesota Statutes, section123B.57, subdivision 5 :
16.8The 2010 appropriation includes $10,000 for 2009 and $151,000 $122,000 for 2010.
16.9The 2011 appropriation includes$16,000 $44,000 for 2010 and $144,000 $95,000
16.10for 2011.
16.11 Sec. 15. Laws 2009, chapter 96, article 4, section 12, subdivision 3, is amended to read:
16.12 Subd. 3. Debt service equalization. For debt service aid according to Minnesota
16.13Statutes, section123B.53, subdivision 6 :
16.18The 2010 appropriation includes $851,000 for 2009 and $7,097,000 $5,757,000
16.19for 2010.
16.20The 2011 appropriation includes$788,000 $2,128,000 for 2010 and $8,487,000
16.21$6,337,000 for 2011.
16.22 Sec. 16. Laws 2009, chapter 96, article 4, section 12, subdivision 4, is amended to read:
16.23 Subd. 4. Alternative facilities bonding aid. For alternative facilities bonding aid,
16.24according to Minnesota Statutes, section123B.59, subdivision 1 :
16.28The 2010 appropriation includes $1,928,000 for 2009 and $17,359,000 $14,080,000
16.29for 2010.
16.30The 2011 appropriation includes$1,928,000 $5,207,000 for 2010 and $17,359,000
16.31$14,080,000 for 2011.
16.32 Sec. 17. Laws 2009, chapter 96, article 4, section 12, subdivision 6, is amended to read:
17.1 Subd. 6. Deferred maintenance aid. For deferred maintenance aid, according to
17.2Minnesota Statutes, section123B.591, subdivision 4 :
17.7The 2010 appropriation includes $260,000 for 2009 and $2,042,000 $1,658,000
17.8for 2010.
17.9The 2011 appropriation includes$226,000 $613,000 for 2010 and $1,847,000
17.10$1,598,000 for 2011.
17.11 Sec. 18. Laws 2009, chapter 96, article 5, section 13, subdivision 4, is amended to read:
17.12 Subd. 4. Kindergarten milk. For kindergarten milk aid under Minnesota Statutes,
17.13section124D.118 :
17.18 Sec. 19. Laws 2009, chapter 96, article 5, section 13, subdivision 6, is amended to read:
17.19 Subd. 6. Basic system support. For basic system support grants under Minnesota
17.20Statutes, section134.355 :
17.24The 2010 appropriation includes $1,357,000 for 2009 and $12,213,000 $9,907,000
17.25for 2010.
17.26The 2011 appropriation includes$1,357,000 $3,663,000 for 2010 and $12,213,000
17.27$9,907,000 for 2011.
17.28 Sec. 20. Laws 2009, chapter 96, article 5, section 13, subdivision 7, is amended to read:
17.29 Subd. 7. Multicounty, multitype library systems. For grants under Minnesota
17.30Statutes, sections134.353 and
134.354 , to multicounty, multitype library systems:
17.34The 2010 appropriation includes $130,000 for 2009 and $1,170,000 $949,000 for
17.352010.
18.1The 2011 appropriation includes$130,000 $351,000 for 2010 and $1,170,000
18.2$949,000 for 2011.
18.3 Sec. 21. Laws 2009, chapter 96, article 5, section 13, subdivision 9, is amended to read:
18.4 Subd. 9. Regional library telecommunications aid. For regional library
18.5telecommunications aid under Minnesota Statutes, section134.355 :
18.9The 2010 appropriation includes $230,000 for 2009 and $2,070,000 $1,679,000
18.10for 2010.
18.11The 2011 appropriation includes$230,000 $621,000 for 2010 and $2,070,000
18.12$1,679,000 for 2011.
18.13 Sec. 22. Laws 2009, chapter 96, article 6, section 11, subdivision 2, is amended to read:
18.14 Subd. 2. School readiness. For revenue for school readiness programs under
18.15Minnesota Statutes, sections124D.15 and
124D.16 :
18.19The 2010 appropriation includes $1,009,000 for 2009 and $9,086,000 $7,370,000
18.20for 2010.
18.21The 2011 appropriation includes$1,009,000 $2,725,000 for 2010 and $9,086,000
18.22$7,370,000 for 2011.
18.23 Sec. 23. Laws 2009, chapter 96, article 6, section 11, subdivision 3, is amended to read:
18.24 Subd. 3. Early childhood family education aid. For early childhood family
18.25education aid under Minnesota Statutes, section124D.135 :
18.30The 2010 appropriation includes $3,020,000 for 2009 and $19,935,000 $15,985,000
18.31for 2010.
18.32The 2011 appropriation includes$2,214,000 $5,911,000 for 2010 and $20,333,000
18.33$16,215,000 for 2011.
19.1 Sec. 24. Laws 2009, chapter 96, article 6, section 11, subdivision 4, is amended to read:
19.2 Subd. 4. Health and developmental screening aid. For health and developmental
19.3screening aid under Minnesota Statutes, sections121A.17 and
121A.19 :
19.8The 2010 appropriation includes $367,000 for 2009 and $3,327,000 $2,555,000
19.9for 2010.
19.10The 2011 appropriation includes$369,000 $945,000 for 2010 and $3,431,000
19.11$2,586,000 for 2011.
19.12 Sec. 25. Laws 2009, chapter 96, article 6, section 11, subdivision 8, is amended to read:
19.13 Subd. 8. Community education aid. For community education aid under
19.14Minnesota Statutes, section124D.20 :
19.17The 2010 appropriation includes $73,000 for 2009 and $512,000 $403,000 for 2010.
19.18The 2011 appropriation included$56,000 $148,000 for 2010 and $411,000 $338,000
19.19for 2011.
19.20 Sec. 26. Laws 2009, chapter 96, article 6, section 11, subdivision 9, is amended to read:
19.21 Subd. 9. Adults with disabilities program aid. For adults with disabilities
19.22programs under Minnesota Statutes, section124D.56 :
19.25The 2010 appropriation includes $71,000 $69,000 for 2009 and $639,000 $519,000
19.26for 2010.
19.27The 2011 appropriation includes$71,000 $191,000 for 2010 and $639,000 $519,000
19.28for 2011.
19.29 Sec. 27. Laws 2009, chapter 96, article 6, section 11, subdivision 12, is amended to
19.30read:
19.31 Subd. 12. Adult basic education aid. For adult basic education aid under
19.32Minnesota Statutes, section124D.531 :
20.5The 2010 appropriation includes $4,187,000 for 2009 and $38,788,000 $31,484,000
20.6for 2010.
20.7The 2011 appropriation includes$4,309,000 $11,644,000 for 2010 and $39,949,000
20.8$32,421,000 for 2011.
20.12The amounts shown in this section summarize direct appropriations, by fund, made
20.13in this article.
20.17The sums shown in the columns marked "Appropriations" are added to or, if shown
20.18in parentheses, subtracted from the appropriations in Laws 2009, chapter 95, article 1, to
20.19the agencies and for the purposes specified in this article. The appropriations are from the
20.20general fund, or another named fund, and are available for the fiscal years indicated for
20.21each purpose. The figures "2010" and "2011" used in this article mean that the addition
20.22to or subtraction from the appropriation listed under them is available for the fiscal year
20.23ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
20.24reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
20.25day following final enactment.
20.32This reduction is from the appropriation for
20.33agency administration.
21.1If an extension of the enhanced federal
21.2medical assistance percentage (FMAP) under
21.3Public Law 111-5, section 5001, to at least
21.4June 30, 2011, is enacted by June 15, 2010,
21.5$36,000,000 is appropriated from the general
21.6fund to the Minnesota Office of Higher
21.7Education for the state grant program, to be
21.8available for the fiscal year ending June 30,
21.92011.
21.13$3,579,000 of the reduction in 2011 is from
21.14the central offices and shared services unit
21.15appropriation.
21.16$46,421,000 of the reduction in 2011
21.17is from the operations and maintenance
21.18appropriation.
21.19For fiscal years 2012 and 2013, the base for
21.20operations and maintenance is $580,802,000
21.21each year.
21.25The appropriation reductions for each
21.26purpose are shown in the following
21.27subdivisions.
21.29For fiscal years 2012 and 2013, the base for
21.30operations and maintenance is $578,370,000
21.31each year.
22.2$26,000 of the 2011 reduction is from the St.
22.3Cloud family practice residency program.
22.11The amounts shown in this section summarize changes to direct appropriations, by
22.12fund, made in this article.
22.16The sums shown in the columns marked "Appropriations" are added to or, if shown
22.17in parentheses, subtracted from the appropriations in Laws 2009, chapter 37, article 1, to
22.18the agencies and for the purposes specified in this article. The appropriations are from the
22.19general fund, or another named fund, and are available for the fiscal years indicated for
22.20each purpose. The figures "2010" and "2011" used in this article mean that the addition to
22.21or subtraction from the appropriation listed under them are available for the fiscal year
22.22ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
22.23reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
22.24day following final enactment.
23.1The appropriation reductions for each
23.2purpose are shown in the following
23.3subdivisions.
23.5The $98,000 reduction in fiscal year 2010
23.6is from the agency's activities to develop
23.7minimal impact design standards for urban
23.8stormwater runoff.
23.10The $30,000 reduction in the second year is
23.11from the environmental health tracking and
23.12biomonitoring activities of the agency.
23.19The appropriation reductions for each
23.20purpose are shown in the following
23.21subdivisions.
23.28$53,000 of the reduction each year is from
23.29activities supporting the Forest Resources
23.30Council with implementation of the
23.31Sustainable Forest Resources Act.
24.3$265,000 of the reduction each year is from
24.4activities for preserving, restoring, and
24.5enhancing grassland/wetland complexes on
24.6public or private land.
24.12 Sec. 6. Laws 2010, chapter 215, article 3, section 3, subdivision 6, is amended to read:
24.14(a) The amounts appropriated from the
24.15agency indirect costs account in the special
24.16revenue fund are reduced by $328,000 in
24.17fiscal year 2010 and $462,000 in fiscal year
24.182011, and those amounts must be transferred
24.19to the general fund by June 30, 2011. The
24.20appropriation reductions are onetime.
24.21(b) The commissioner of management and
24.22budget shall transfer$8,000,000 $48,000,000
24.23in fiscal year 2011 from the closed landfill
24.24investment fund in Minnesota Statutes,
24.25section115B.421 , to the general fund. The
24.26commissioner shall transfer$4,000,000
24.27$12,000,000 on July 1, 2013, and $4,000,000
24.28on July 1, in each of the years 2014, 2015,
24.292016, and 2017 from the general fund to the
24.30closed landfill investment fund. Forthe July
24.311, 2014, each transfer to the closed landfill
24.32investment fund, the commissioner shall
24.33determine the total amount of interest and
25.1other earnings that would have accrued to
25.2the fund if the transfers to the general fund
25.3under this paragraph had not been made and
25.4add this amount to the transfer. The amounts
25.5necessary for these transfers are appropriated
25.6from the general fund in the fiscal years
25.7specified for the transfers.
25.11The amounts shown in this section summarize direct appropriations, by fund, made
25.12in this article.
25.16The sums shown in the columns marked "Appropriations" are added to or, if shown
25.17in parentheses, subtracted from the appropriations in Laws 2009, chapter 37, article 2, to
25.18the agencies and for the purposes specified in this article. The appropriations are from the
25.19general fund, or another named fund, and are available for the fiscal years indicated for
25.20each purpose. The figures "2010" and "2011" used in this article mean that the addition
25.21to or subtraction from the appropriation listed under them is available for the fiscal year
25.22ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
25.23reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
25.24day following final enactment.
25.31The appropriation reductions for each
25.32purpose are shown in the following
25.33subdivisions.
26.6The amounts shown in this section summarize direct appropriations, by fund, made
26.7in this article.
26.11The sums shown in the columns marked "Appropriations" are added to or, if shown
26.12in parentheses, subtracted from the appropriations in Laws 2009, chapter 94, article 1, to
26.13the agencies and for the purposes specified in this article. The appropriations are from the
26.14general fund, or another named fund, and are available for the fiscal years indicated for
26.15each purpose. The figures "2010" and "2011" used in this article mean that the addition to
26.16or subtraction from the appropriations listed under them are available for the fiscal year
26.17ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
26.18reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
26.19day following final enactment.
26.26The appropriation reductions for each
26.27purpose are shown in the following
26.28subdivisions.
26.30$13,000 in fiscal year 2010 and $13,000 in
26.31fiscal year 2011 are reductions from plant
26.32pest surveys.
27.3$77,000 in fiscal year 2010 and $77,000 in
27.4fiscal year 2011 are reductions for integrated
27.5pest management activities.
27.8$69,000 in fiscal year 2010 and $69,000 in
27.9fiscal year 2011 are reductions from the dairy
27.10and profitability enhancement and dairy
27.11business planning grant programs established
27.12under Laws 1997, chapter 216, section 7,
27.13subdivision 2, and Laws 2001, First Special
27.14Session chapter 2, section 9, subdivision 2.
27.15$1,000 in fiscal year 2010 is a reduction from
27.16the appropriation for the administration of
27.17the Feeding Minnesota Task Force.
27.21The amounts shown in this section summarize direct appropriations, by fund, made
27.22in this article.
27.26The sums shown in the columns marked "Appropriations" are added to, or if shown
27.27in parentheses, subtracted from the appropriations in Laws 2009, chapter 78, article 1, to
27.28the agencies and for the purposes specified in this article. The appropriations are from the
27.29general fund, or another named fund, and are available for the fiscal years indicated for
27.30each purpose. The figures "2010" and "2011" used in this article mean that the addition
27.31to or subtraction from the appropriation listed under them is available for the fiscal year
27.32ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
28.1reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
28.2day following final enactment.
28.10The appropriation reductions for each
28.11purpose are shown in the following
28.12subdivisions.
28.15$25,000 in 2010 and $25,000 in 2011 are
28.16from the appropriation for the Office of
28.17Science and Technology.
28.19$15,000 in 2010 and $15,000 in 2011 are
28.20from the appropriation for the Minnesota job
28.21skills partnership program under Minnesota
28.22Statutes, sections 116L.01 to 116L.17.
28.23$11,000 in 2010 and $11,000 in 2011 are from
28.24the appropriation for administrative expenses
28.25to programs that provide employment
28.26support services to persons with mental
28.27illness under Minnesota Statutes, sections
28.28268A.13 and 268A.14.
28.29$89,000 in 2010 and $89,000 in 2011 are
28.30from the appropriation for state services for
28.31the blind activities.
29.1This reduction is from the appropriation to
29.2the Housing Finance Agency for the housing
29.3rehabilitation program under Minnesota
29.4Statutes, section 462A.05, subdivision 14,
29.5for rental housing developments.
29.6On or before June 30, 2010, the Housing
29.7Finance Agency shall transfer $256,000
29.8from the housing rehabilitation program in
29.9the housing development fund to the general
29.10fund.
29.13This reduction is from the general
29.14fund appropriation for labor
29.15standards/apprenticeship.
29.18This reduction is from the general fund
29.19appropriation for mediation services.
29.23The appropriation reductions for each
29.24purpose are shown in the following
29.25subdivisions.
29.31The amounts shown in this section summarize direct appropriations, by fund, made
29.32in this article.
30.4The sums shown in the columns marked "Appropriations" are added to or, if shown
30.5in parentheses, subtracted from the appropriations in Laws 2009, chapter 36, article 1, to
30.6the agencies and for the purposes specified in this article. The appropriations are from the
30.7general fund, or another named fund, and are available for the fiscal years indicated for
30.8each purpose. The figures "2010" and "2011" used in this article mean that the addition to
30.9or subtraction from the appropriation listed under them are available for the fiscal year
30.10ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
30.11reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
30.12day following final enactment.
30.19The appropriation reductions for each
30.20purpose are shown in the following
30.21subdivisions.
30.24This reduction is to the Transit Improvement
30.25Administration appropriation.
30.26The base appropriation from the general fund
30.27for fiscal years 2012 and 2013 is $16,292,000
30.28each year.
30.30This reduction is to the rail service plan
30.31appropriation.
31.1This reduction is to the Roosevelt Tower
31.2appropriation.
31.5The appropriation reductions for each
31.6purpose are shown in the following
31.7subdivisions.
31.9This reduction is to the appropriation for bus
31.10system operations.
31.11The base appropriation for fiscal years 2012
31.12and 2013 is $59,796,000 each year.
31.14This reduction is to the appropriation for rail
31.15systems.
31.16The base appropriation for fiscal years 2012
31.17and 2013 is $5,174,000 each year.
31.21The amounts shown in this section summarize direct appropriations, by fund, made
31.22in this article.
31.26The sums shown in the columns marked "Appropriations" are added to or, if shown
31.27in parentheses, subtracted from the appropriations in Laws 2009, chapter 83, article 1, to
31.28the agencies and for the purposes specified in this article. The appropriations are from the
31.29general fund, or another named fund, and are available for the fiscal years indicated for
31.30each purpose. The figures "2010" and "2011" used in this article mean that the addition
31.31to or subtraction from the appropriation listed under them is available for the fiscal year
32.1ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
32.2reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
32.3day following final enactment.
32.12The amounts shown in this section summarize direct appropriations, by fund, made
32.13in this article.
32.17The sums shown in the columns marked "Appropriations" are added to or, if shown
32.18in parentheses, subtracted from, the appropriations in Laws 2009, chapter 101, article 1, to
32.19the agencies and for the purposes specified in this article. The appropriations are from the
32.20general fund, or another named fund, and are available for the fiscal years indicated for
32.21each purpose. The figures "2010" and "2011" used in this article mean that the addition
32.22to or subtraction from the appropriation listed under them is available for the fiscal year
32.23ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
32.24reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
32.25day following final enactment.
32.32$13,000 of the reduction in each of
32.33fiscal years 2010 and 2011 are from the
33.1appropriation for necessary expenses in the
33.2normal performance of the governor's and
33.3lieutenant governor's duties for which no
33.4other reimbursement is provided.
33.7$96,000 of the reduction in each of
33.8fiscal years 2010 and 2011 are from the
33.9appropriation for information technology
33.10security.
33.12These reductions are from the Government
33.13and Citizen Services Program.
33.14$162,000 of the balance in the central stores
33.15fund is transferred to the general fund on
33.16or before June 30, 2010. This is a onetime
33.17transfer.
33.18The base appropriation from the general fund
33.19for the Government and Citizen Services
33.20Program for fiscal years 2012 and 2013 is
33.21$17,316,000 each year.
33.24These reductions are from the tax system
33.25management program.
33.29The amounts shown in this section summarize direct appropriations, by fund, made
33.30in this article.
34.4The sums shown in the columns marked "Appropriations" are added to or, if shown
34.5in parentheses, subtracted from the appropriations in Laws 2009, chapter 79, article 13,
34.6as amended by Laws 2009, chapter 173, article 2, to the agencies and for the purposes
34.7specified in this article. The appropriations are from the general fund and are available
34.8for the fiscal years indicated for each purpose. The figures "2010" and "2011" used in
34.9this article mean that the addition to or subtraction from the appropriation listed under
34.10them is available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.
34.11Supplemental appropriations and reductions to appropriations for the fiscal year ending
34.12June 30, 2010, are effective the day following final enactment unless a different effective
34.13date is explicit. All reductions in this article are onetime, unless otherwise stated.
34.21The appropriation reductions for each
34.22purpose are shown in the following
34.23subdivisions.
34.26The reduction in fiscal year 2011 is a base
34.27reduction for fiscal year 2012 and thereafter.
34.32American Indian Child Welfare Projects.
34.33Notwithstanding Laws 2009, chapter 79,
34.34article 2, section 35, $600,000 of the fiscal
35.1year 2009 funds extended in fiscal year 2010
35.2cancel to the general fund.
35.12Hospital Fee-for-Service Payment Delay.
35.13Payments from the Medicaid Management
35.14Information System that would otherwise
35.15have been made for inpatient hospital
35.16services for Minnesota health care program
35.17enrollees must be delayed as follows: for
35.18fiscal year 2011, June payments must be
35.19included in the first payments in fiscal
35.20year 2012. The provisions of Minnesota
35.21Statutes, section 16A.124, do not apply
35.22to these delayed payments. This payment
35.23delay includes, and is not in addition to, the
35.24payment delay for inpatient hospital services
35.25in Laws 2009, chapter 79, article 13, section
35.263, subdivision 6, paragraph (c).
35.27Nonhospital Fee-for-Service Payment
35.28Delay. Payments from the Medicaid
35.29Management Information System that would
35.30otherwise have been made for nonhospital
35.31acute care services for Minnesota health
35.32care program enrollees must be delayed as
35.33follows: for fiscal year 2011, June payments
35.34must be included in the first payments in
36.1fiscal year 2012. This payment delay must
36.2not include nursing facilities, intermediate
36.3care facilities for persons with developmental
36.4disabilities, home and community-based
36.5services, prepaid health plans, personal care
36.6provider organizations, and home health
36.7agencies. The provisions of Minnesota
36.8Statutes, section 16A.124, do not apply
36.9to these delayed payments. This payment
36.10delay includes, and is not in addition to, the
36.11payment delay for nonhospital acute care
36.12services in Laws 2009, chapter 79, article 13,
36.13section 3, subdivision 6, paragraph (c).
36.17Incentive Program and Outreach Grants.
36.18The general fund appropriation for the
36.19incentive program under Laws 2008, chapter
36.20358, article 5, section 3, subdivision 4,
36.21paragraph (b), is canceled. This paragraph is
36.22effective retroactively from January 1, 2010.
36.25Community Service/Service Development
36.26Grants Reduction. Effective retroactively
36.27from July 1, 2009, funding for grants made
36.28under Minnesota Statutes, sections 256.9754
36.29and 256B.0917, subdivision 13, is reduced by
36.30$3,600,000 in fiscal year 2010 and $900,000
36.31in fiscal year 2011. Grants made during
36.32fiscal year 2010 under Minnesota Statutes,
36.33section 256.9754, shall not be used for new
36.34construction or building renovation.
37.3ICF/MR Variable Rates Suspension.
37.4Effective retroactively from July 1, 2009,
37.5to June 30, 2010, no new variable rates
37.6shall be authorized for intermediate care
37.7facilities for persons with developmental
37.8disabilities under Minnesota Statutes, section
37.9256B.5013, subdivision 1.
37.10ICF/MR Occupancy Rate Adjustment
37.11Suspension. Effective retroactively from
37.12July 1, 2009, to June 30, 2010, approval
37.13of new applications for occupancy rate
37.14adjustments for unoccupied short-term
37.15beds under Minnesota Statutes, section
37.16256B.5013, subdivision 7, is suspended.
37.19Developmental Disability Waiver Acuity
37.20Factor. Effective retroactively from January
37.211, 2010, the January 1, 2010, one percent
37.22growth factor in the developmental disability
37.23waiver allocations under Minnesota Statutes,
37.24section 256B.092, subdivisions 4 and 5,
37.25that is attributable to changes in acuity, is
37.26suspended to June 30, 2011.
37.32County Maintenance of Effort. The general
37.33fund appropriation for the State-County
37.34Results Accountability and Service Delivery
38.1Reform under Minnesota Statutes, chapter
38.2402A, is canceled. This paragraph is
38.3effective retroactively from July 1, 2009.
38.8The appropriation reductions for each
38.9purpose are shown in the following
38.10subdivisions.
38.11The reductions in fiscal year 2011, other
38.12than in subdivision 3, are base reductions for
38.13fiscal year 2012 and thereafter.
38.17Office of Unlicensed Health Care Practice.
38.18Of the general fund reduction $74,000
38.19in fiscal year 2011 is from the Office of
38.20Unlicensed Complementary and Alternative
38.21Health Care Practice. This is a onetime
38.22reduction.
38.25 Sec. 5. Laws 2009, chapter 79, article 13, section 3, subdivision 8, as amended by
38.26Laws 2009, chapter 173, article 2, section 1, subdivision 8, is amended to read:
38.28The amounts that may be spent from the
38.29appropriation for each purpose are as follows:
39.1Base Adjustment. The general fund base is
39.2increased by $5,751,000 in fiscal year 2012
39.3and $6,705,000 in fiscal year 2013.
39.4Information and Assistance
39.5Reimbursement. Federal administrative
39.6reimbursement obtained from information
39.7and assistance services provided by the
39.8Senior LinkAge or Disability Linkage lines
39.9to people who are identified as eligible for
39.10medical assistance shall be appropriated to
39.11the commissioner for this activity.
39.12Community Service Development Grant
39.13Reduction. Funding for community service
39.14development grants must be reduced by
39.15$260,000 for fiscal year 2010; $284,000 in
39.16fiscal year 2011; $43,000 in fiscal year 2012;
39.17and $43,000 in fiscal year 2013. Base level
39.18funding shall be restored in fiscal year 2014.
39.19Community Service Development Grant
39.20Community Initiative. Funding for
39.21community service development grants shall
39.22be used to offset the cost of aging support
39.23grants. Base level funding shall be restored
39.24in fiscal year 2014.
39.25Senior Nutrition Use of Federal Funds.
39.26For fiscal year 2010, general fund grants
39.27for home-delivered meals and congregate
39.28dining shall be reduced by $500,000. The
39.29commissioner must replace these general
39.30fund reductions with equal amounts from
39.31federal funding for senior nutrition from the
39.32American Recovery and Reinvestment Act
39.33of 2009.
40.1Base Adjustment. The general fund base is
40.2decreased by $3,598,000 in fiscal year 2012
40.3and $3,470,000 in fiscal year 2013.
40.4Alternative Care Transfer. Any money
40.5allocated to the alternative care program that
40.6is not spent for the purposes indicated does
40.7not cancel but must be transferred to the
40.8medical assistance account.
40.13Manage Growth in TBI and CADI
40.14Waivers. During the fiscal years beginning
40.15on July 1, 2009, and July 1, 2010, the
40.16commissioner shall allocate money for home
40.17and community-based waiver programs
40.18under Minnesota Statutes, section256B.49 ,
40.19to ensure a reduction in state spending that is
40.20equivalent to limiting the caseload growth of
40.21the TBI waiver to 12.5 allocations per month
40.22each year of the biennium and the CADI
40.23waiver to 95 allocations per month each year
40.24of the biennium. Limits do not apply: (1)
40.25when there is an approved plan for nursing
40.26facility bed closures for individuals under
40.27age 65 who require relocation due to the
40.28bed closure; (2) to fiscal year 2009 waiver
40.29allocations delayed due to unallotment; or (3)
40.30to transfers authorized by the commissioner
40.31from the personal care assistance program
40.32of individuals having a home care rating
40.33of "CS," "MT," or "HL." Priorities for the
40.34allocation of funds must be for individuals
40.35anticipated to be discharged from institutional
41.1settings or who are at imminent risk of a
41.2placement in an institutional setting.
41.3Manage Growth in DD Waiver. The
41.4commissioner shall manage the growth in
41.5the DD waiver by limiting the allocations
41.6included in the February 2009 forecast to 15
41.7additional diversion allocations each month
41.8for the calendar years that begin on January
41.91, 2010, and January 1, 2011. Additional
41.10allocations must be made available for
41.11transfers authorized by the commissioner
41.12from the personal care program of individuals
41.13having a home care rating of "CS," "MT,"
41.14or "HL."
41.15Adjustment to Lead Agency Waiver
41.16Allocations. Prior to the availability of the
41.17alternative license defined in Minnesota
41.18Statutes, section245A.11, subdivision 8 ,
41.19the commissioner shall reduce lead agency
41.20waiver allocations for the purposes of
41.21implementing a moratorium on corporate
41.22foster care.
41.23Alternatives to Personal Care Assistance
41.24Services. Base level funding of $3,237,000
41.25in fiscal year 2012 and $4,856,000 in
41.26fiscal year 2013 is to implement alternative
41.27services to personal care assistance services
41.28for persons with mental health and other
41.29behavioral challenges who can benefit
41.30from other services that more appropriately
41.31meet their needs and assist them in living
41.32independently in the community. These
41.33services may include, but not be limited to, a
41.341915(i) state plan option.
42.5Funding Usage. Up to 75 percent of a fiscal
42.6year's appropriation for adult mental health
42.7grants may be used to fund allocations in that
42.8portion of the fiscal year ending December
42.931.
42.12Payments for Substance Abuse Treatment.
42.13For services provided during fiscal years
42.142010 and 2011, county-negotiated rates and
42.15provider claims to the consolidated chemical
42.16dependency fund must not exceed rates
42.17charged for these services on January 1,
42.182009; and rates for fiscal years 2010 and
42.192011 must not exceed 160 percent of the
42.20average rate on January 1, 2009, for each
42.21group of vendors with similar attributes.
42.22For services provided in fiscal years 2012
42.23and 2013, statewide average rates under
42.24the new rate methodology to be developed
42.25under Minnesota Statutes, section254B.12 ,
42.26must not exceed the average rates charged
42.27for these services on January 1, 2009, plus a
42.28state share increase of $3,787,000 for fiscal
42.29year 2012 and $5,023,000 for fiscal year
42.302013. Notwithstanding any provision to the
42.31contrary in this article, this provision expires
42.32on June 30, 2013.
42.33Chemical Dependency Special Revenue
42.34Account. For fiscal year 2010, $750,000
42.35must be transferred from the consolidated
43.1chemical dependency treatment fund
43.2administrative account and deposited into the
43.3general fund.
43.4County CD Share of MA Costs for
43.5ARRA Compliance. Notwithstanding the
43.6provisions of Minnesota Statutes, chapter
43.7254B, for chemical dependency services
43.8provided during the period October 1, 2008,
43.9to December 31, 2010, and reimbursed by
43.10medical assistance at the enhanced federal
43.11matching rate provided under the American
43.12Recovery and Reinvestment Act of 2009, the
43.13county share is 30 percent of the nonfederal
43.14share. This provision is effective the day
43.15following final enactment.
43.19Base Adjustment. The general fund base is
43.20increased by $2,639,000 in fiscal year 2012
43.21and increased by $3,854,000 in fiscal year
43.222013.
43.23Technology Grants. $650,000 in fiscal
43.24year 2010 and $1,000,000 in fiscal year
43.252011 are for technology grants, case
43.26consultation, evaluation, and consumer
43.27information grants related to developing and
43.28supporting alternatives to shift-staff foster
43.29care residential service models.
43.30Other Continuing Care Grants; HIV
43.31Grants. Money appropriated for the HIV
43.32drug and insurance grant program in fiscal
43.33year 2010 may be used in either year of the
43.34biennium.
44.1Quality Assurance Commission. Effective
44.2July 1, 2009, state funding for the quality
44.3assurance commission under Minnesota
44.4Statutes, section256B.0951 , is canceled.
44.5 Sec. 6. Laws 2009, chapter 79, article 13, section 4, subdivision 4, as amended by
44.6Laws 2009, chapter 173, article 2, section 2, subdivision 4, is amended to read:
44.12Base Adjustment. The general fund base is
44.13reduced by $50,000 in each of fiscal years
44.142012 and 2013.
44.15Health Protection Appropriations. (a)
44.16$163,000 each year is for the lead abatement
44.17grant program.
44.18(b) $100,000 each year is for emergency
44.19preparedness and response activities.
44.20(c) $50,000 each year is for tuberculosis
44.21prevention and control. This is a onetime
44.22appropriation.
44.23(d) $55,000 in fiscal year 2010 is for
44.24pentachlorophenol.
44.25(e) $20,000 in fiscal year 2010 is for a PFC
44.26Citizens Advisory Group.
44.27American Recovery and Reinvestment
44.28Act Funds. Federal funds received
44.29by the commissioner for immunization
44.30operations from the American Recovery
44.31and Reinvestment Act of 2009, Public Law
44.32111-5, are appropriated to the commissioner
44.33for the purposes of the grant.
45.1 Sec. 7. Minnesota Statutes 2009 Supplement, section 256B.056, subdivision 3c,
45.2is amended to read:
45.3 Subd. 3c. Asset limitations for families and children. A household of two or
45.4more persons must not own more than $20,000 in total net assets except that this asset
45.5limit shall be $6,000 for the period January 1, 2011, through June 30, 2011, plus $200
45.6for each additional legal dependent, and a household of one person must not own more
45.7than $10,000 in total net assets, except that this asset limit shall be $3,000 for the period
45.8January 1, 2011, through June 30, 2011. In addition to these maximum amounts, an
45.9eligible individual or family may accrue interest on these amounts, but they must be
45.10reduced to the maximum at the time of an eligibility redetermination. The value of assets
45.11that are not considered in determining eligibility for medical assistance for families and
45.12children is the value of those assets excluded under the AFDC state plan as of July 16,
45.131996, as required by the Personal Responsibility and Work Opportunity Reconciliation
45.14Act of 1996 (PRWORA), Public Law 104-193, with the following exceptions:
45.15(1) household goods and personal effects are not considered;
45.16(2) capital and operating assets of a trade or business up to $200,000 are not
45.17considered, except that a bank account that contains personal income or assets, or is used to
45.18pay personal expenses, is not considered a capital or operating asset of a trade or business;
45.19(3) one motor vehicle is excluded for each person of legal driving age who is
45.20employed or seeking employment;
45.21(4) assets designated as burial expenses are excluded to the same extent they are
45.22excluded by the Supplemental Security Income program;
45.23(5) court-ordered settlements up to $10,000 are not considered;
45.24(6) individual retirement accounts and funds are not considered; and
45.25(7) assets owned by children are not considered.
45.26The assets specified in clause (2) must be disclosed to the local agency at the time of
45.27application and at the time of an eligibility redetermination, and must be verified upon
45.28request of the local agency.
45.29EFFECTIVE DATE.This section is effective January 1, 2011.
45.30 Sec. 8. Minnesota Statutes 2009 Supplement, section 256B.0659, subdivision 11,
45.31is amended to read:
45.32 Subd. 11. Personal care assistant; requirements. (a) A personal care assistant
45.33must meet the following requirements:
46.1(1) be at least 18 years of age with the exception of persons who are 16 or 17 years
46.2of age with these additional requirements:
46.3(i) supervision by a qualified professional every 60 days; and
46.4(ii) employment by only one personal care assistance provider agency responsible
46.5for compliance with current labor laws;
46.6(2) be employed by a personal care assistance provider agency;
46.7(3) enroll with the department as a personal care assistant after clearing a background
46.8study. Before a personal care assistant provides services, the personal care assistance
46.9provider agency must initiate a background study on the personal care assistant under
46.10chapter 245C, and the personal care assistance provider agency must have received a
46.11notice from the commissioner that the personal care assistant is:
46.12(i) not disqualified under section245C.14 ; or
46.13(ii) is disqualified, but the personal care assistant has received a set aside of the
46.14disqualification under section245C.22 ;
46.15(4) be able to effectively communicate with the recipient and personal care
46.16assistance provider agency;
46.17(5) be able to provide covered personal care assistance services according to the
46.18recipient's personal care assistance care plan, respond appropriately to recipient needs,
46.19and report changes in the recipient's condition to the supervising qualified professional
46.20or physician;
46.21(6) not be a consumer of personal care assistance services;
46.22(7) maintain daily written records including, but not limited to, time sheets under
46.23subdivision 12;
46.24(8) effective January 1, 2010, complete standardized training as determined by the
46.25commissioner before completing enrollment. Personal care assistant training must include
46.26successful completion of the following training components: basic first aid, vulnerable
46.27adult, child maltreatment, OSHA universal precautions, basic roles and responsibilities of
46.28personal care assistants including information about assistance with lifting and transfers
46.29for recipients, emergency preparedness, orientation to positive behavioral practices, fraud
46.30issues, and completion of time sheets. Upon completion of the training components,
46.31the personal care assistant must demonstrate the competency to provide assistance to
46.32recipients;
46.33(9) complete training and orientation on the needs of the recipient within the first
46.34seven days after the services begin; and
46.35(10) be limited to providing and being paid for up to 310 hours per month, except
46.36that this limit shall be 275 hours per month for the period July 1, 2009, through June 30,
47.12010, of personal care assistance services regardless of the number of recipients being
47.2served or the number of personal care assistance provider agencies enrolled with.
47.3(b) A legal guardian may be a personal care assistant if the guardian is not being paid
47.4for the guardian services and meets the criteria for personal care assistants in paragraph (a).
47.5(c) Effective January 1, 2010, persons who do not qualify as a personal care assistant
47.6include parents and stepparents of minors, spouses, paid legal guardians, family foster
47.7care providers, except as otherwise allowed in section256B.0625, subdivision 19a , or
47.8staff of a residential setting.
47.9EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
47.10 Sec. 9. Minnesota Statutes 2009 Supplement, section 256B.441, subdivision 55,
47.11is amended to read:
47.12 Subd. 55. Phase-in of rebased operating payment rates. (a) For the rate years
47.13beginning October 1, 2008, to October 1, 2015, the operating payment rate calculated
47.14under this section shall be phased in by blending the operating rate with the operating
47.15payment rate determined under section256B.434 . For purposes of this subdivision, the
47.16rate to be used that is determined under section256B.434 shall not include the portion of
47.17the operating payment rate related to performance-based incentive payments under section
47.18256B.434, subdivision 4
, paragraph (d). For the rate year beginning October 1, 2008, the
47.19operating payment rate for each facility shall be 13 percent of the operating payment rate
47.20from this section, and 87 percent of the operating payment rate from section256B.434 .
47.21For the rate year beginning October 1, 2009, the operating payment rate for each facility
47.22shall be 14 percent of the operating payment rate from this section, and 86 percent of the
47.23operating payment rate from section
256B.434. For rate years beginning October 1, 2009;
47.24October 1, 2010; October 1, 2011; and October 1, 2012, no rate adjustments shall be
47.25implemented under this section, but shall be determined under section256B.434 . For the
47.26rate year beginning October 1, 2013, the operating payment rate for each facility shall be
47.2765 percent of the operating payment rate from this section, and 35 percent of the operating
47.28payment rate from section256B.434 . For the rate year beginning October 1, 2014, the
47.29operating payment rate for each facility shall be 82 percent of the operating payment rate
47.30from this section, and 18 percent of the operating payment rate from section256B.434 . For
47.31the rate year beginning October 1, 2015, the operating payment rate for each facility shall
47.32be the operating payment rate determined under this section. The blending of operating
47.33payment rates under this section shall be performed separately for each RUG's class.
48.1 (b) For the rate year beginning October 1, 2008, the commissioner shall apply limits
48.2to the operating payment rate increases under paragraph (a) by creating a minimum
48.3percentage increase and a maximum percentage increase.
48.4 (1) Each nursing facility that receives a blended October 1, 2008, operating payment
48.5rate increase under paragraph (a) of less than one percent, when compared to its operating
48.6payment rate on September 30, 2008, computed using rates with RUG's weight of1.00 ,
48.7shall receive a rate adjustment of one percent.
48.8 (2) The commissioner shall determine a maximum percentage increase that will
48.9result in savings equal to the cost of allowing the minimum increase in clause (1). Nursing
48.10facilities with a blended October 1, 2008, operating payment rate increase under paragraph
48.11(a) greater than the maximum percentage increase determined by the commissioner, when
48.12compared to its operating payment rate on September 30, 2008, computed using rates with
48.13a RUG's weight of1.00 , shall receive the maximum percentage increase.
48.14 (3) Nursing facilities with a blended October 1, 2008, operating payment rate
48.15increase under paragraph (a) greater than one percent and less than the maximum
48.16percentage increase determined by the commissioner, when compared to its operating
48.17payment rate on September 30, 2008, computed using rates with a RUG's weight of1.00 ,
48.18shall receive the blended October 1, 2008, operating payment rate increase determined
48.19under paragraph (a).
48.20 (4) The October 1, 2009, through October 1, 2015, operating payment rate for
48.21facilities receiving the maximum percentage increase determined in clause (2) shall be
48.22the amount determined under paragraph (a) less the difference between the amount
48.23determined under paragraph (a) for October 1, 2008, and the amount allowed under clause
48.24(2). This rate restriction does not apply to rate increases provided in any other section.
48.25 (c) A portion of the funds received under this subdivision that are in excess of
48.26operating payment rates that a facility would have received under section256B.434 , as
48.27determined in accordance with clauses (1) to (3), shall be subject to the requirements in
48.28section256B.434, subdivision 19 , paragraphs (b) to (h).
48.29 (1) Determine the amount of additional funding available to a facility, which shall be
48.30equal to total medical assistance resident days from the most recent reporting year times
48.31the difference between the blended rate determined in paragraph (a) for the rate year being
48.32computed and the blended rate for the prior year.
48.33 (2) Determine the portion of all operating costs, for the most recent reporting year,
48.34that are compensation related. If this value exceeds 75 percent, use 75 percent.
48.35 (3) Subtract the amount determined in clause (2) from 75 percent.
49.1 (4) The portion of the fund received under this subdivision that shall be subject to
49.2the requirements in section256B.434, subdivision 19 , paragraphs (b) to (h), shall equal
49.3the amount determined in clause (1) times the amount determined in clause (3).
49.4EFFECTIVE DATE.This section is effective retroactively from October 1, 2009.
49.5 Sec. 10. Minnesota Statutes 2009 Supplement, section 256B.69, subdivision 5a,
49.6is amended to read:
49.7 Subd. 5a. Managed care contracts. (a) Managed care contracts under this section
49.8and sections256L.12 and
256D.03 , shall be entered into or renewed on a calendar year
49.9basis beginning January 1, 1996. Managed care contracts which were in effect on June
49.1030, 1995, and set to renew on July 1, 1995, shall be renewed for the period July 1, 1995
49.11through December 31, 1995 at the same terms that were in effect on June 30, 1995. The
49.12commissioner may issue separate contracts with requirements specific to services to
49.13medical assistance recipients age 65 and older.
49.14 (b) A prepaid health plan providing covered health services for eligible persons
49.15pursuant to chapters 256B, 256D, and 256L, is responsible for complying with the terms
49.16of its contract with the commissioner. Requirements applicable to managed care programs
49.17under chapters 256B, 256D, and 256L, established after the effective date of a contract
49.18with the commissioner take effect when the contract is next issued or renewed.
49.19 (c) Effective for services rendered on or after January 1, 2003, the commissioner
49.20shall withhold five percent of managed care plan payments under this section and
49.21county-based purchasing plan's payment rate under section256B.692 for the prepaid
49.22medical assistance and general assistance medical care programs pending completion of
49.23performance targets. Each performance target must be quantifiable, objective, measurable,
49.24and reasonably attainable, except in the case of a performance target based on a federal
49.25or state law or rule. Criteria for assessment of each performance target must be outlined
49.26in writing prior to the contract effective date. The managed care plan must demonstrate,
49.27to the commissioner's satisfaction, that the data submitted regarding attainment of
49.28the performance target is accurate. The commissioner shall periodically change the
49.29administrative measures used as performance targets in order to improve plan performance
49.30across a broader range of administrative services. The performance targets must include
49.31measurement of plan efforts to contain spending on health care services and administrative
49.32activities. The commissioner may adopt plan-specific performance targets that take into
49.33account factors affecting only one plan, including characteristics of the plan's enrollee
49.34population. The withheld funds must be returned no sooner than July of the following
50.1year if performance targets in the contract are achieved. The commissioner may exclude
50.2special demonstration projects under subdivision 23.
50.3 (d) Effective for services rendered on or after January 1, 2009, through December 31,
50.42009, the commissioner shall withhold three percent of managed care plan payments under
50.5this section and county-based purchasing plan payments under section256B.692 for the
50.6prepaid medical assistance and general assistance medical care programs. The withheld
50.7funds must be returned no sooner than July 1 and no later than July 31 of the following
50.8year. The commissioner may exclude special demonstration projects under subdivision 23.
50.9 The return of the withhold under this paragraph is not subject to the requirements of
50.10paragraph (c).
50.11(e) Effective for services provided on or after January 1, 2010, the commissioner
50.12shall require that managed care plans use the assessment and authorization processes,
50.13forms, timelines, standards, documentation, and data reporting requirements, protocols,
50.14billing processes, and policies consistent with medical assistance fee-for-service or the
50.15Department of Human Services contract requirements consistent with medical assistance
50.16fee-for-service or the Department of Human Services contract requirements for all
50.17personal care assistance services under section256B.0659 .
50.18(f) Effective for services rendered on or after January 1, 2010, through December
50.1931, 2010, the commissioner shall withhold3.5 4.5 percent of managed care plan payments
50.20under this section and county-based purchasing plan payments under section256B.692
50.21for the prepaid medical assistance program. The withheld funds must be returned no
50.22sooner than July 1 and no later than July 31 of the following year. The commissioner may
50.23exclude special demonstration projects under subdivision 23.
50.24(g) Effective for services rendered on or after January 1, 2011, through December 31,
50.252011, the commissioner shall withholdfour 4.5 percent of managed care plan payments
50.26under this section and county-based purchasing plan payments under section256B.692
50.27for the prepaid medical assistance program. The withheld funds must be returned no
50.28sooner than July 1 and no later than July 31 of the following year. The commissioner
50.29may exclude special demonstration projects under subdivision 23. If an extension of the
50.30enhanced federal medical assistance percentage (FMAP) under Public Law 111-5, section
50.315001, is enacted before June 15, 2010, the withhold percentage stated in this paragraph
50.32shall be 4.0 percent.
50.33(h) Effective for services rendered on or after January 1, 2012, through December
50.3431, 2012, the commissioner shall withhold 4.5 percent of managed care plan payments
50.35under this section and county-based purchasing plan payments under section256B.692
50.36for the prepaid medical assistance program. The withheld funds must be returned no
51.1sooner than July 1 and no later than July 31 of the following year. The commissioner may
51.2exclude special demonstration projects under subdivision 23.
51.3(i) Effective for services rendered on or after January 1, 2013, through December 31,
51.42013, the commissioner shall withhold 4.5 percent of managed care plan payments under
51.5this section and county-based purchasing plan payments under section256B.692 for the
51.6prepaid medical assistance program. The withheld funds must be returned no sooner than
51.7July 1 and no later than July 31 of the following year. The commissioner may exclude
51.8special demonstration projects under subdivision 23.
51.9(j) Effective for services rendered on or after January 1, 2014, the commissioner
51.10shall withhold three percent of managed care plan payments under this section and
51.11county-based purchasing plan payments under section256B.692 for the prepaid medical
51.12assistance and prepaid general assistance medical care programs. The withheld funds must
51.13be returned no sooner than July 1 and no later than July 31 of the following year. The
51.14commissioner may exclude special demonstration projects under subdivision 23.
51.15(k) A managed care plan or a county-based purchasing plan under section256B.692
51.16may include as admitted assets under section
62D.044 any amount withheld under this
51.17section that is reasonably expected to be returned.
51.18(l) Contracts between the commissioner and a prepaid health plan are exempt from
51.19the set-aside and preference provisions of section16C.16, subdivisions 6 , paragraph
51.20(a), and 7.
51.21EFFECTIVE DATE.The additional withhold percentage in paragraph (f) is
51.22effective retroactively from January 1, 2010.
51.23 Sec. 11. Minnesota Statutes 2009 Supplement, section 256B.76, subdivision 1, is
51.24amended to read:
51.25 Subdivision 1. Physician reimbursement. (a) Effective for services rendered on
51.26or after October 1, 1992, the commissioner shall make payments for physician services
51.27as follows:
51.28 (1) payment for level one Centers for Medicare and Medicaid Services' common
51.29procedural coding system codes titled "office and other outpatient services," "preventive
51.30medicine new and established patient," "delivery, antepartum, and postpartum care,"
51.31"critical care," cesarean delivery and pharmacologic management provided to psychiatric
51.32patients, and level three codes for enhanced services for prenatal high risk, shall be paid
51.33at the lower of (i) submitted charges, or (ii) 25 percent above the rate in effect on June
51.3430, 1992. If the rate on any procedure code within these categories is different than the
52.1rate that would have been paid under the methodology in section256B.74, subdivision 2 ,
52.2then the larger rate shall be paid;
52.3 (2) payments for all other services shall be paid at the lower of (i) submitted charges,
52.4or (ii) 15.4 percent above the rate in effect on June 30, 1992; and
52.5 (3) all physician rates shall be converted from the 50th percentile of 1982 to the 50th
52.6percentile of 1989, less the percent in aggregate necessary to equal the above increases
52.7except that payment rates for home health agency services shall be the rates in effect
52.8on September 30, 1992.
52.9 (b) Effective for services rendered on or after January 1, 2000, payment rates for
52.10physician and professional services shall be increased by three percent over the rates
52.11in effect on December 31, 1999, except for home health agency and family planning
52.12agency services. The increases in this paragraph shall be implemented January 1, 2000,
52.13for managed care.
52.14(c) Effective for services rendered on or after July 1, 2009, payment rates for
52.15physician and professional services shall be reduced by five percent, except that for the
52.16period July 1, 2009, through June 30, 2011, payments rates shall be reduced by 6.5 percent
52.17for the medical assistance and general assistance medical care programs, over the rates
52.18in effect on June 30, 2009. The additional 1.5 percent reduction in effect for the period
52.19from July 1, 2010, through June 30, 2011, does not apply to physician services billed by a
52.20psychiatrist or an advanced practice registered nurse with a specialty in mental health.
52.21This reduction does not apply to office or other outpatient visits, preventive medicine visits
52.22and family planning visits billed by physicians, advanced practice nurses, or physician
52.23assistants in a family planning agency or in one of the following primary care practices:
52.24general practice, general internal medicine, general pediatrics, general geriatrics, and
52.25family medicine. This reduction does not apply to federally qualified health centers,
52.26rural health centers, and Indian health services. Effective October 1, 2009, payments
52.27made to managed care plans and county-based purchasing plans under sections256B.69 ,
52.28256B.692
, and
256L.12 shall reflect the payment reduction described in this paragraph.
52.29EFFECTIVE DATE.The additional rate reductions in this section are effective
52.30retroactively from July 1, 2009.
52.31 Sec. 12. Minnesota Statutes 2008, section 256B.76, subdivision 4, is amended to read:
52.32 Subd. 4. Critical access dental providers. (a) Effective for dental services rendered
52.33on or after January 1, 2002, the commissioner shall increase reimbursements to dentists
52.34and dental clinics deemed by the commissioner to be critical access dental providers.
52.35For dental services rendered on or after July 1, 2007, the commissioner shall increase
53.1reimbursement by 30 percent above the reimbursement rate that would otherwise be paid to
53.2the critical access dental provider. The commissioner shall pay the health plan companies
53.3in amounts sufficient to reflect increased reimbursements to critical access dental providers
53.4as approved by the commissioner. In determining which dentists and dental clinics shall
53.5be deemed critical access dental providers, the commissioner shall review:
53.6 (1) the utilization rate in the service area in which the dentist or dental clinic operates
53.7for dental services to patients covered by medical assistance, general assistance medical
53.8care, or MinnesotaCare as their primary source of coverage;
53.9 (2) the level of services provided by the dentist or dental clinic to patients covered
53.10by medical assistance, general assistance medical care, or MinnesotaCare as their primary
53.11source of coverage; and
53.12 (3) whether the level of services provided by the dentist or dental clinic is critical to
53.13maintaining adequate levels of patient access within the service area.
53.14In the absence of a critical access dental provider in a service area, the commissioner may
53.15designate a dentist or dental clinic as a critical access dental provider if the dentist or
53.16dental clinic is willing to provide care to patients covered by medical assistance, general
53.17assistance medical care, or MinnesotaCare at a level which significantly increases access
53.18to dental care in the service area.
53.19(b) Notwithstanding paragraph (a), critical access payments must not be made for
53.20dental services provided from April 1, 2010, through June 30, 2010.
53.21EFFECTIVE DATE.This section is effective retroactively from April 1, 2010.
53.22 Sec. 13. Minnesota Statutes 2009 Supplement, section 256B.766, is amended to read:
53.23256B.766 REIMBURSEMENT FOR BASIC CARE SERVICES.
53.24(a) Effective for services provided on or after July 1, 2009, total payments for basic
53.25care services, shall be reduced by three percent, except that for the period July 1, 2009,
53.26through June 30, 2011, total payments shall be reduced by 4.5 percent for the medical
53.27assistance and general assistance medical care programs, prior to third-party liability
53.28and spenddown calculation. Payments made to managed care plans and county-based
53.29purchasing plans shall be reduced for services provided on or after October 1, 2009,
53.30to reflect this reduction.
53.31(b) This section does not apply to physician and professional services, inpatient
53.32hospital services, family planning services, mental health services, dental services,
53.33prescription drugs, medical transportation, federally qualified health centers, rural health
53.34centers, Indian health services, and Medicare cost-sharing.
54.1EFFECTIVE DATE.The additional rate reductions in this section are effective
54.2retroactively from July 1, 2009.
54.3 Sec. 14. REDUCTION OF GROUP RESIDENTIAL HOUSING
54.4SUPPLEMENTAL SERVICE RATE.
54.5Effective retroactively from November 1, 2009, through June 30, 2011, the
54.6commissioner of human services shall decrease the group residential housing (GRH)
54.7supplementary service rate under Minnesota Statutes, section 256I.05, subdivision 1a, by
54.8five percent for services rendered on or after that date, except that reimbursement rates
54.9for a GRH facility reimbursed as a nursing facility shall not be reduced. The reduction
54.10in this paragraph is in addition to the reduction under Laws 2009, chapter 79, article
54.118, section 79, paragraph (b), clause (11).
54.12EFFECTIVE DATE.This section is effective retroactively from November 1, 2009.
54.13 Sec. 15. ARTICLE EFFECTIVE DATE.
54.14This article is effective the day following final enactment. If an extension of the
54.15enhanced federal medical assistance percentage (FMAP) under Public Law 111-5, section
54.165001, to at least June 30, 2011, is enacted by June 15, 2010, and notwithstanding the
54.17immediate or retroactive effective dates for various sections of this article, reductions in
54.18this article effective on or after July 1, 2010, except for reductions to appropriations for
54.19state agency administrative costs in section 3, subdivision 2, and section 4, shall not
54.20take effect.
54.23 Section 1. Minnesota Statutes 2008, section 273.1384, subdivision 6, as added by Laws
54.242010, chapter 215, article 13, section 2, is amended to read:
54.25 Subd. 6. Credit reduction. In 2011 and each year thereafter, the market value
54.26credit reimbursement amount for each taxing jurisdiction determined under this section
54.27is reduced by the dollar amount of the reduction in market value credit reimbursements
54.28for that taxing jurisdiction in 2010 due tounallotment the reductions announced prior
54.29to February 28, 2010, under section
16A.152
54.30jurisdiction's market value credit reimbursements are reduced to less than zero under
54.31this subdivision. The commissioner of revenue shall pay the annual market value credit
55.1reimbursement amounts, after reduction under this subdivision, to the affected taxing
55.2jurisdictions as provided in this section.
55.3EFFECTIVE DATE.This section is effective for taxes payable in 2011 and
55.4thereafter.
55.5 Sec. 2. [477A.0133] 2009 AND 2010 AID REDUCTIONS.
55.6 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
55.7have the meanings given them in this subdivision.
55.8(b) The "2009 revenue base" for a statutory or home rule charter city is the sum of
55.9the city's certified property tax levy for taxes payable in 2009, plus the amount of local
55.10government aid under section 477A.013, subdivision 9, that the city was certified to
55.11receive in 2009, plus the amount of taconite aids under sections 298.28 and 298.282 that
55.12the city was certified to receive in 2009, including any amounts required to be placed in a
55.13special fund for distribution in a later year.
55.14(c) The "2009 revenue base" for a county is the sum of the county's certified property
55.15tax levy for taxes payable in 2009, plus the amount of county program aid under section
55.16477A.0124 that the county was certified to receive in 2009, plus the amount of taconite
55.17aids under sections 298.28 and 298.282 that the county was certified to receive in 2009,
55.18including any amounts required to be placed in a special fund for distribution in a later year.
55.19(d) The "2009 revenue base" for a town is the sum of the town's certified property
55.20tax levy for taxes payable in 2009, plus the amount of aid under section 477A.013 that
55.21the town was certified to receive in 2009, plus the amount of taconite aids under sections
55.22298.28 and 298.282 that the town was certified to receive in 2009, including any amounts
55.23required to be placed in a special fund for distribution in a later year.
55.24(e) "Population" means the population of the county, city, or town for 2007 based on
55.25information available to the commissioner of revenue in July 2009.
55.26(f) "Adjusted net tax capacity" means the amount of net tax capacity for the county,
55.27city, or town, computed using equalized market values according to section 477A.011,
55.28subdivision 20, for aid payable in 2009.
55.29(g) "Adjusted net tax capacity per capita" means the jurisdiction's adjusted net tax
55.30capacity divided by its population.
55.31 Subd. 2. 2009 aid reductions. (a) The commissioner of revenue must compute a
55.322009 aid reduction amount for each county.
55.33The aid reduction amount is zero for a county with a population of less than 5,000,
55.34and is zero for a county containing the Shooting Star Casino property that was removed
55.35from the tax rolls in 2009.
56.1For all other counties, the aid reduction amount is equal to 1.188968672 percent of
56.2the county's 2009 revenue base.
56.3The reduction amount is limited to the sum of the amount of county program aid
56.4under section 477A.0124 that the county was certified to receive in 2009, plus the amount
56.5of market value credit reimbursements under section 273.1384 payable to the county in
56.62009 before the reductions in this section.
56.7The reduction amount is applied first to reduce the amount payable to the county
56.8in 2009 as county program aid under section 477A.013 and then, if necessary, to reduce
56.9the amount payable to the county in 2009 as market value credit reimbursements under
56.10section 273.1384.
56.11No county's aid or reimbursements are reduced to less than zero under this section.
56.12(b) The commissioner of revenue must compute a 2009 aid reduction amount for
56.13each city.
56.14The aid reduction amount is zero for any city with a population of less than 1,000 that
56.15has an adjusted net tax capacity per capita amount less than the statewide average adjusted
56.16net tax capacity amount per capita for all cities. The aid reduction amount is also zero for
56.17a city located outside the seven-county metropolitan area, with a 2006 population greater
56.18than 3,500, a pre-1940 housing percentage greater than 29 percent, a commercial-industrial
56.19percentage less than nine percent, and a population decline percentage of zero based on the
56.20data used to certify the 2009 local government aid distribution under section 477A.013.
56.21For all other cities, the aid reduction amount is equal to 3.3127634 percent of the
56.22city's 2009 revenue base.
56.23The reduction amount is limited to the sum of the amount of local government aid
56.24under section 477A.013, subdivision 9, that the city was certified to receive in 2009, plus
56.25the amount of market value credit reimbursements under section 273.1384 payable to the
56.26city in 2009 before the reductions in this section.
56.27The reduction amount for a city is further limited to $22 per capita.
56.28The reduction amount is applied first to reduce the amount payable to the city in
56.292009 as local government aid under section 477A.013 and then, if necessary, to reduce
56.30the amount payable to the city in 2009 as market value credit reimbursements under
56.31section 273.1384.
56.32No city's aid or reimbursements are reduced to less than zero under this section.
56.33(c) The commissioner of revenue must compute a 2009 aid reduction amount for
56.34each town.
57.1The aid reduction amount is zero for any town with a population of less than 1,000
57.2that has an adjusted net tax capacity per capita amount less than the statewide average
57.3adjusted net tax capacity amount per capita for all towns.
57.4For all other towns, the aid reduction amount is equal to 1.735103 percent of the
57.5town's 2009 revenue base.
57.6The reduction amount is limited to $5 per capita.
57.7The reduction amount is applied to reduce the amount payable to the town in 2009
57.8as market value credit reimbursements under section 273.1384.
57.9No town's reimbursements are reduced to less than zero under this section.
57.10 Subd. 3. 2010 aid reductions. (a) The commissioner of revenue must compute a
57.112010 aid reduction amount for each county.
57.12The aid reduction amount is zero for a county with a population of less than 5,000,
57.13and is zero for a county containing the Shooting Star Casino property that was removed
57.14from the tax rolls in 2009.
57.15For all other counties, the aid reduction amount is equal to 2.41396687 percent of
57.16the county's 2009 revenue base.
57.17The reduction amount is limited to the sum of the amount of county program aid
57.18under section 477A.0124 that the county was certified to receive in 2009, plus the amount
57.19of market value credit reimbursements under section 273.1384 payable to the county in
57.202009 before the reductions in this section.
57.21The reduction amount is applied first to reduce the amount payable to the county
57.22in 2010 as county program aid under section 477A.013 and then, if necessary, to reduce
57.23the amount payable to the county in 2010 as market value credit reimbursements under
57.24section 273.1384.
57.25No county's aid or reimbursements are reduced to less than zero under this section.
57.26(b) The commissioner of revenue must compute a 2010 aid reduction amount for
57.27each city.
57.28The aid reduction amount is zero for any city with a population of less than 1,000
57.29that has an adjusted net tax capacity per capita amount less than the statewide average
57.30adjusted net tax capacity amount per capita for all cities.
57.31For all other cities, the aid reduction amount is equal to 7.643803025 percent of the
57.32city's 2009 revenue base.
57.33The reduction amount is limited to the sum of the amount of local government aid
57.34under section 477A.013, subdivision 9, that the city was certified to receive in 2010, plus
57.35the amount of market value credit reimbursements under section 273.1384 payable to the
57.36city in 2010 before the reductions in this section.
58.1The reduction amount for a city is further limited to $55 per capita.
58.2The reduction amount is applied first to reduce the amount payable to the city in
58.32010 as local government aid under section 477A.013 and then, if necessary, to reduce
58.4the amount payable to the city in 2010 as market value credit reimbursements under
58.5section 273.1384.
58.6No city's aid or reimbursements are reduced to less than zero under this section.
58.7(c) The commissioner of revenue must compute a 2010 aid reduction amount for
58.8each town.
58.9The aid reduction amount is zero for any town with a population of less than 1,000
58.10that has an adjusted net tax capacity per capita amount less than the statewide average
58.11adjusted net tax capacity amount per capita for all towns.
58.12For all other towns, the aid reduction amount is equal to 3.660798 percent of the
58.13town's 2009 revenue base.
58.14The reduction amount is limited to $10 per capita.
58.15The reduction amount is applied to reduce the amount payable to the town in 2010
58.16as market value credit reimbursements under section 273.1384.
58.17No town's reimbursements are reduced to less than zero under this section.
58.18EFFECTIVE DATE.This section is effective the day following final enactment
58.19and is retroactive for aids and credit reimbursements payable in 2009.
58.20 Sec. 3. Laws 2010, chapter 215, article 13, section 6, is amended to read:
58.21 Sec. 6. 477A.0133 ADDITIONAL 2010 AID AND CREDIT REDUCTIONS.
58.22 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
58.23have the meanings given them in this subdivision.
58.24(b) The "2010 revenue base" for a county is the sum of the county's certified property
58.25tax levy for taxes payable in 2010, plus the amount of county program aid under section
58.26477A.0124
that the county was certified to receive in 2010, plus the amount of taconite
58.27aids under sections298.28 and
298.282 that the county was certified to receive in 2010
58.28including any amounts required to be placed in a special fund for distribution in a later year.
58.29(c) The "2010 revenue base" for a statutory or home rule charter city is the sum of
58.30the city's certified property tax levy for taxes payable in 2010, plus the amount of local
58.31government aid under section477A.013, subdivision 9 , that the city was certified to
58.32receive in 2010, plus the amount of taconite aids under sections298.28 and
298.282 that
58.33the city was certified to receive in 2010 including any amounts required to be placed in a
58.34special fund for distribution in a later year.
59.1 Subd. 2. 2010 reductions; counties and cities. The commissioner of revenue
59.2must compute additional 2010 aid and credit reimbursement reduction amounts for each
59.3county and city under this section, after implementing any reduction of county program
59.4aid under section477A.0124 , local government aid under section
477A.013 , or market
59.5value credit reimbursements under section273.1384 , to reflect the reduction of allotments
59.6under section
16A.152
59.7The additional reduction amounts under this section are limited to the sum of the
59.8amount of county program aid under section477A.0124 , local government aid under
59.9section477A.013 , and market value credit reimbursements under section
273.1384
59.10payable to the county or city in 2010 before the reductions in this section, but after the
59.11reductionsfor unallotments under section 477A.0133.
59.12The reduction amount under this section is applied first to reduce the amount
59.13payable to the county or city in 2010 as market value credit reimbursements under section
59.14273.1384
, and then if necessary, to reduce the amount payable as either county program
59.15aid under section477A.0124 in the case of a county, or local government aid under section
59.16477A.013
in the case of a city.
59.17No aid or reimbursement amount is reduced to less than zero under this section.
59.18The additional 2010 aid reduction amount for a county is equal to 1.82767 percent
59.19of the county's 2010 revenue base. The additional 2010 aid reduction amount for a city
59.20is equal to the lesser of (1) 3.4287 percent of the city's 2010 revenue base or (2) $28
59.21multiplied by the city's 2008 population.
59.22EFFECTIVE DATE.This section is effective the day following final enactment.
59.23 Sec. 4. REFUNDS AND CREDITS.
59.24 Subdivision 1. Political contribution credit. Notwithstanding the provisions of
59.25Minnesota Statutes, section 290.06, subdivision 23, or any other law to the contrary, the
59.26political contribution refund does not apply to contributions made after June 30, 2009,
59.27and before July 1, 2011.
59.28 Subd. 2. Property tax refund. For property tax refunds based on rent paid during
59.29calendar year 2009 only, but also applying to refunds based on property taxes payable in
59.302010 that include gross rent paid in 2009, the following rules apply:
59.31(1) "rent constituting property taxes" must be calculated by substituting "15 percent"
59.32for "19 percent" under Minnesota Statutes, section 290A.03, subdivision 11; and
59.33(2) "property taxes payable" must be calculated under Minnesota Statutes, section
59.34290A.03, subdivision 13, by substituting "15 percent" for "19 percent" in determining the
59.35portion of gross rent paid that is included in property taxes payable.
60.1 Subd. 3. Sustainable forest incentive program. The maximum sustainable forest
60.2incentive program payments under Minnesota Statutes, section 290C.07, per each Social
60.3Security number or state or federal business tax identification number must not exceed
60.4$100,000. The provisions of this subdivision apply only to payments made during fiscal
60.5year 2011.
60.6EFFECTIVE DATE.This section is effective the day following final enactment.
60.7 Sec. 5. LEVY VALIDATION.
60.8Any special levy under Minnesota Statutes, section 275.70, subdivision 5, clause
60.9(22), approved by the commissioner of revenue for taxes payable in 2010, is validated
60.10notwithstanding a later judicial decision that may affect the validity of unallotments that
60.11were announced in 2009. A local government may not levy under Minnesota Statutes,
60.12section 275.70, subdivision 5, clause (22), for taxes payable in 2011 for any retroactive
60.13reduction in aid and credit reimbursements for aids and credits payable in 2008 or 2009.
60.14EFFECTIVE DATE.This section is effective the day following final enactment.
60.17 Section 1. Minnesota Statutes 2008, section 3.9741, subdivision 2, is amended to read:
60.18 Subd. 2. Postsecondary Education Board. The legislative auditor may enter into
60.19an interagency agreement with the Board of Trustees of the Minnesota State Colleges and
60.20Universities to conduct financial audits, in addition to audits conducted under section
60.213.972, subdivision 2
. All payments received for audits requested by the board shall be
60.22added to the appropriation for deposited in the special revenue fund and appropriated to
60.23the legislative auditor to pay audit expenses.
60.24 Sec. 2. Minnesota Statutes 2008, section 8.15, subdivision 3, is amended to read:
60.25 Subd. 3. Agreements. (a) To facilitate the delivery of legal services, the attorney
60.26general may:
60.27(1) enter into agreements with executive branch agencies, political subdivisions, or
60.28quasi-state agencies to provide legal services for the benefit of the citizens of Minnesota;
60.29and
60.30(2) in addition to funds otherwise appropriated by the legislature, accept and spend
60.31funds received under any agreement authorized in clause (1) for the purpose set forth in
61.1clause (1), subject to a report of receipts to the chairs of the senate Finance Committee and
61.2the house of representatives Ways and Means Committee by October 15 each year.
61.3(b) When entering into an agreement for legal services, the attorney general must
61.4notify the committees responsible for funding the Office of the Attorney General. When
61.5the attorney general enters into an agreement with a state agency, the attorney general
61.6must also notify the committees responsible for funding that agency.
61.7Funds received under this subdivision must be deposited inthe general an account in
61.8the special revenue fund and are appropriated to the attorney general for the purposes set
61.9forth in this subdivision.
61.10 Sec. 3. Minnesota Statutes 2008, section 13.03, subdivision 10, is amended to read:
61.11 Subd. 10. Costs for providing copies of data. Money may be collected by a
61.12responsible authority in a state agency for the actual cost to the agency of providing
61.13copies or electronic transmittal of government datais appropriated to the agency and
61.14added to the appropriations from which the costs were paid. When money collected for
61.15purposes of this section is of a magnitude sufficient to warrant a separate account in the
61.16state treasury, that money must be deposited in a fund other than the general fund and is
61.17appropriated to the agency.
61.18 Sec. 4. Minnesota Statutes 2008, section 16C.23, subdivision 6, is amended to read:
61.19 Subd. 6. State surplus property. The commissioner may do any of the following to
61.20dispose of state surplus property:
61.21(1) transfer it to or between state agencies;
61.22(2) transfer it to a governmental unit or nonprofit organization in Minnesota; or
61.23(3) sell it and charge a fee to cover expenses incurred by the commissioner in the
61.24disposal of the surplus property.
61.25The proceeds of the sale less the fee must be deposited in an account in a fund other
61.26than the general fund and are appropriated to the agency for whose account the sale was
61.27made, to be used and expended by that agency to purchase similar state property.
61.28 Sec. 5. Minnesota Statutes 2008, section 103B.101, subdivision 9, is amended to read:
61.29 Subd. 9. Powers and duties. In addition to the powers and duties prescribed
61.30elsewhere, the board shall:
61.31(1) coordinate the water and soil resources planning activities of counties, soil and
61.32water conservation districts, watershed districts, watershed management organizations,
62.1and any other local units of government through its various authorities for approval of
62.2local plans, administration of state grants, and by other means as may be appropriate;
62.3(2) facilitate communication and coordination among state agencies in cooperation
62.4with the Environmental Quality Board, and between state and local units of government,
62.5in order to make the expertise and resources of state agencies involved in water and soil
62.6resources management available to the local units of government to the greatest extent
62.7possible;
62.8(3) coordinate state and local interests with respect to the study in southwestern
62.9Minnesota under United States Code, title 16, section 1009;
62.10(4) develop information and education programs designed to increase awareness
62.11of local water and soil resources problems and awareness of opportunities for local
62.12government involvement in preventing or solving them;
62.13(5) provide a forum for the discussion of local issues and opportunities relating
62.14to water and soil resources management;
62.15(6) adopt an annual budget and work program that integrate the various functions
62.16and responsibilities assigned to it by law; and
62.17(7) report to the governor and the legislature by October 15 of each even-numbered
62.18year with an assessment of board programs and recommendations for any program
62.19changes and board membership changes necessary to improve state and local efforts
62.20in water and soil resources management.
62.21The board may accept grants, gifts, donations, or contributions in money, services,
62.22materials, or otherwise from the United States, a state agency, or other source to achieve
62.23an authorized purpose. The board may enter into a contract or agreement necessary or
62.24appropriate to accomplish the transfer. The board may receive and expend money to
62.25acquire conservation easements, as defined in chapter 84C, on behalf of the state and
62.26federal government consistent with the Camp Ripley's Army Compatible Use Buffer
62.27Project.
62.28Any money received is hereby deposited in an account in a fund other than the
62.29general fund and appropriated and dedicated for the purpose for which it is granted.
62.30 Sec. 6. Minnesota Statutes 2008, section 103I.681, subdivision 11, is amended to read:
62.31 Subd. 11. Permit fee schedule. (a) The commissioner of natural resources shall
62.32adopt a permit fee schedule under chapter 14. The schedule may provide minimum fees
62.33for various classes of permits, and additional fees, which may be imposed subsequent
62.34to the application, based on the cost of receiving, processing, analyzing, and issuing
63.1the permit, and the actual inspecting and monitoring of the activities authorized by the
63.2permit, including costs of consulting services.
63.3(b) A fee may not be imposed on a state or federal governmental agency applying
63.4for a permit.
63.5(c) The fee schedule may provide for the refund of a fee, in whole or in part, under
63.6circumstances prescribed by the commissioner of natural resources. Fees received must
63.7be deposited in the state treasury and credited tothe general an account in the natural
63.8resources fund. Permit fees received are appropriated annually from thegeneral natural
63.9resources fund to the commissioner of natural resources for the costs of inspecting and
63.10monitoring the activities authorized by the permit, including costs of consulting services.
63.11 Sec. 7. Minnesota Statutes 2008, section 116J.551, subdivision 1, is amended to read:
63.12 Subdivision 1. Grant account. A contaminated site cleanup and development grant
63.13account is created in thegeneral special revenue fund. Money in the account may be used,
63.14as appropriated by law, to make grants as provided in section116J.554 and to pay for the
63.15commissioner's costs in reviewing applications and making grants. Notwithstanding
63.16section16A.28 , money appropriated to the account for this program from any source
63.17is available until spent.
63.18 Sec. 8. Minnesota Statutes 2008, section 190.32, is amended to read:
63.19190.32 FEDERAL REIMBURSEMENT RECEIPTS.
63.20The Department of Military Affairs may deposit federal reimbursement receipts into
63.21the general fund an account in the special revenue fund, maintenance of military training
63.22facilities. These receipts are for services, supplies, and materials initially purchased by the
63.23Camp Ripley maintenance account.
63.24 Sec. 9. Minnesota Statutes 2008, section 257.69, subdivision 2, is amended to read:
63.25 Subd. 2. Guardian; legal fees. (a) The court may order expert witness and guardian
63.26ad litem fees and other costs of the trial and pretrial proceedings, including appropriate
63.27tests, to be paid by the parties in proportions and at times determined by the court. The
63.28court shall require a party to pay part of the fees of court-appointed counsel according
63.29to the party's ability to pay, but if counsel has been appointed the appropriate agency
63.30shall pay the party's proportion of all other fees and costs. The agency responsible for
63.31child support enforcement shall pay the fees and costs for blood or genetic tests in a
63.32proceeding in which it is a party, is the real party in interest, or is acting on behalf of the
63.33child. However, at the close of a proceeding in which paternity has been established under
64.1sections257.51 to
257.74 , the court shall order the adjudicated father to reimburse the
64.2public agency, if the court finds he has sufficient resources to pay the costs of the blood or
64.3genetic tests. When a party bringing an action is represented by the county attorney, no
64.4filing fee shall be paid to the court administrator.
64.5(b) In each fiscal year, the commissioner of management and budget shall deposit
64.6guardian ad litem reimbursements in thegeneral special revenue fund and credit them to a
64.7separate account with the trial courts. The balance of this account is appropriated to the
64.8trial courts and does not cancel but is available until expended. Expenditures by the state
64.9court administrator's office from this account must be based on the amount of the guardian
64.10ad litem reimbursements received by the state from the courts in each judicial district.
64.11 Sec. 10. Minnesota Statutes 2008, section 260C.331, subdivision 6, is amended to read:
64.12 Subd. 6. Guardian ad litem fees. (a) In proceedings in which the court appoints a
64.13guardian ad litem pursuant to section260C.163, subdivision 5, clause (a) , the court may
64.14inquire into the ability of the parents to pay for the guardian ad litem's services and,
64.15after giving the parents a reasonable opportunity to be heard, may order the parents to
64.16pay guardian fees.
64.17(b) In each fiscal year, the commissioner of management and budget shall deposit
64.18guardian ad litem reimbursements in thegeneral special revenue fund and credit them to a
64.19separate account with the trial courts. The balance of this account is appropriated to the
64.20trial courts and does not cancel but is available until expended. Expenditures by the state
64.21court administrator's office from this account must be based on the amount of the guardian
64.22ad litem reimbursements received by the state from the courts in each judicial district.
64.23 Sec. 11. Minnesota Statutes 2009 Supplement, section 270.97, is amended to read:
64.24270.97 DEPOSIT OF REVENUES.
64.25The commissioner shall deposit all revenues derived from the tax, interest, and
64.26penalties received from the county in the contaminated site cleanup and development
64.27account in thegeneral special revenue fund and is annually appropriated to the
64.28commissioner of the Department of Employment and Economic Development, for the
64.29purposes of section116J.551 .
64.30 Sec. 12. Minnesota Statutes 2008, section 299C.48, is amended to read:
64.31299C.48 CONNECTION BY AUTHORIZED AGENCY; FEE,
64.32APPROPRIATION.
65.1(a) An agency authorized under section299C.46, subdivision 3 , may connect with
65.2and participate in the criminal justice data communications network upon approval
65.3of the commissioner of public safety; provided, that the agency shall first agree to pay
65.4installation charges as may be necessary for connection and monthly operational charges
65.5as may be established by the commissioner of public safety. Before participation by a
65.6criminal justice agency may be approved, the agency must have executed an agreement
65.7with the commissioner providing for security of network facilities and restrictions on
65.8access to data supplied to and received through the network.
65.9(b) In addition to any fee otherwise authorized, the commissioner of public safety
65.10shall impose a fee for providing secure dial-up or Internet access for criminal justice
65.11agencies and noncriminal justice agencies. The following monthly fees apply:
65.12(1) criminal justice agency accessing via Internet, $15;
65.13(2) criminal justice agency accessing via dial-up, $35;
65.14(3) noncriminal justice agency accessing via Internet, $35; and
65.15(4) noncriminal justice agency accessing via dial-up, $35.
65.16(c) The installation and monthly operational charges collected by the commissioner
65.17of public safety under paragraphs (a) and (b) must be deposited in an account in the special
65.18revenue fund and are annually appropriated to the commissioner to administer sections
65.19299C.46
to
299C.50 .
65.20 Sec. 13. Minnesota Statutes 2008, section 299E.02, is amended to read:
65.21299E.02 CONTRACT SERVICES; APPROPRIATION.
65.22Fees charged for contracted security services provided by the Capitol Complex
65.23Security Division of the Department of Public Safety must be deposited in an account in
65.24the special revenue fund and are annually appropriated to the commissioner of public
65.25safety to administer and provide these services.
65.26 Sec. 14. Minnesota Statutes 2008, section 446A.086, subdivision 2, as amended by
65.27Laws 2010, chapter 290, section 14, is amended to read:
65.28 Subd. 2. Application. (a) This section provides a state guarantee of the payment of
65.29principal and interest on debt obligations if:
65.30 (1) the obligations are issued for new projects and are not issued for the purposes of
65.31refunding previous obligations;
65.32 (2) application to the Public Facilities Authority is made before issuance; and
65.33 (3) the obligations are covered by an agreement meeting the requirements of
65.34subdivision 3.
66.1 (b) Applications to be covered by the provisions of this section must be made in a
66.2form and contain the information prescribed by the authority. Applications are subject to
66.3either a fee of $500 for each bond issue requested by a county or governmental unit or the
66.4applicable fees under section446A.087 .
66.5 (c) Application fees paid under this section must be deposited in a separate credit
66.6enhancement bond guarantee account in thegeneral special revenue fund. Money in the
66.7credit enhancement bond guarantee account is appropriated to the authority for purposes
66.8of administering this section.
66.9 (d) Neither the authority nor the commissioner is required to promulgate
66.10administrative rules under this section and the procedures and requirements established by
66.11the authority or commissioner under this section are not subject to chapter 14.
66.12 Sec. 15. Minnesota Statutes 2008, section 469.177, subdivision 11, is amended to read:
66.13 Subd. 11. Deduction for enforcement costs; appropriation. (a) The county
66.14treasurer shall deduct an amount equal to 0.25 percent of any increment distributed to an
66.15authority or municipality. The county treasurer shall pay the amount deducted to the
66.16commissioner of management and budget for deposit inthe state general an account in
66.17the special revenue fund.
66.18(b) The amounts deducted and paid under paragraph (a) are appropriated to the state
66.19auditor for the cost of (1) the financial reporting of tax increment financing information
66.20and (2) the cost of examining and auditing of authorities' use of tax increment financing
66.21as provided under section469.1771, subdivision 1 . Notwithstanding section
16A.28 or
66.22any other law to the contrary, this appropriation does not cancel and remains available
66.23until spent.
66.24(c) For taxes payable in 2002 and thereafter, the commissioner of revenue shall
66.25increase the percent in paragraph (a) to a percent equal to the product of the percent in
66.26paragraph (a) and the amount that the statewide tax increment levy for taxes payable in
66.272002 would have been without the class rate changes in this act and the elimination of
66.28the general education levy in this act divided by the statewide tax increment levy for
66.29taxes payable in 2002.
66.30 Sec. 16. Minnesota Statutes 2008, section 518.165, subdivision 3, is amended to read:
66.31 Subd. 3. Fees. (a) A guardian ad litem appointed under either subdivision 1 or 2
66.32may be appointed either as a volunteer or on a fee basis. If a guardian ad litem is appointed
66.33on a fee basis, the court shall enter an order for costs, fees, and disbursements in favor
66.34of the child's guardian ad litem. The order may be made against either or both parties,
67.1except that any part of the costs, fees, or disbursements which the court finds the parties
67.2are incapable of paying shall be borne by the state courts. The costs of court-appointed
67.3counsel to the guardian ad litem shall be paid by the county in which the proceeding is
67.4being held if a party is incapable of paying for them. Until the recommendations of the
67.5task force created in Laws 1999, chapter 216, article 7, section 42, are implemented, the
67.6costs of court-appointed counsel to a guardian ad litem in the Eighth Judicial District shall
67.7be paid by the state courts if a party is incapable of paying for them. In no event may the
67.8court order that costs, fees, or disbursements be paid by a party receiving public assistance
67.9or legal assistance or by a party whose annual income falls below the poverty line as
67.10established under United States Code, title 42, section 9902(2).
67.11(b) In each fiscal year, the commissioner of management and budget shall deposit
67.12guardian ad litem reimbursements in thegeneral special revenue fund and credit them to a
67.13separate account with the trial courts. The balance of this account is appropriated to the
67.14trial courts and does not cancel but is available until expended. Expenditures by the state
67.15court administrator's office from this account must be based on the amount of the guardian
67.16ad litem reimbursements received by the state from the courts in each judicial district.
67.17 Sec. 17. Minnesota Statutes 2008, section 609.3241, is amended to read:
67.18609.3241 PENALTY ASSESSMENT AUTHORIZED.
67.19When a court sentences an adult convicted of violating section609.322 or
609.324 ,
67.20while acting other than as a prostitute, the court shall impose an assessment of not less
67.21than $250 and not more than $500 for a violation of section609.324, subdivision 2 , or a
67.22misdemeanor violation of section609.324, subdivision 3 ; otherwise the court shall impose
67.23an assessment of not less than $500 and not more than $1,000. The mandatory minimum
67.24portion of the assessment is to be used for the purposes described in section626.558,
67.25subdivision 2a , and is in addition to the surcharge required by section
357.021, subdivision
67.266 . Any portion of the assessment imposed in excess of the mandatory minimum amount
67.27shall beforwarded to the general deposited in an account in the special revenue fund and
67.28is appropriated annually to the commissioner of public safety. The commissioner, with the
67.29assistance of the General Crime Victims Advisory Council, shall use money received under
67.30this section for grants to agencies that provide assistance to individuals who have stopped
67.31or wish to stop engaging in prostitution. Grant money may be used to provide these
67.32individuals with medical care, child care, temporary housing, and educational expenses.
67.33 Sec. 18. Minnesota Statutes 2008, section 611.20, subdivision 3, is amended to read:
68.1 Subd. 3. Reimbursement. In each fiscal year, the commissioner of management
68.2and budget shall deposit the payments in thegeneral special revenue fund and credit them
68.3to a separate account with the Board of Public Defense. The amount credited to this
68.4account is appropriated to the Board of Public Defense.
68.5The balance of this account does not cancel but is available until expended.
68.6Expenditures by the board from this account for each judicial district public defense office
68.7must be based on the amount of the payments received by the state from the courts in
68.8each judicial district. A district public defender's office that receives money under this
68.9subdivision shall use the money to supplement office overhead payments to part-time
68.10attorneys providing public defense services in the district. By January 15 of each year,
68.11the Board of Public Defense shall report to the chairs and ranking minority members of
68.12the senate and house of representatives divisions having jurisdiction over criminal justice
68.13funding on the amount appropriated under this subdivision, the number of cases handled
68.14by each district public defender's office, the number of cases in which reimbursements
68.15were ordered, the average amount of reimbursement ordered, and the average amount of
68.16money received by part-time attorneys under this subdivision.
68.17 Sec. 19. Laws 1994, chapter 531, section 1, is amended to read:
68.18 Section 1. SALE OF WILDLIFE LANDS.
68.19 Notwithstanding Minnesota Statutes, sections84.027, subdivision 10 ;
92.45 ;
94.09
68.20to94.165 ;
97A.135 ;
103F.535 , or any other law, the commissioner of administration may
68.21sell lands located in the Gordy Yaeger wildlife management area in Olmsted county. The
68.22consideration for the lands described in sections 2 and 3 shall be $950 per acre. The
68.23conveyances shall be byguitclaim quitclaim deed in a form approved by the attorney
68.24general and shall reserve to the state all minerals and mineral rights. The proceeds received
68.25from the sales are to be deposited in an account in thegeneral natural resources fund and
68.26are appropriated to the commissioner of natural resources for acquisition of replacement
68.27wildlife management area lands. These sales are pursuant to the recommendation of the
68.28Gordy Yaeger wildlife management area advisory committee.
68.31 Section 1. Minnesota Statutes 2009 Supplement, section 290.06, subdivision 2c,
68.32is amended to read:
68.33 Subd. 2c. Schedules of rates for individuals, estates, and trusts. (a) The income
68.34taxes imposed by this chapter upon married individuals filing joint returns and surviving
69.1spouses as defined in section 2(a) of the Internal Revenue Code must be computed by
69.2applying to their taxable net income the following schedule of rates:
69.3 (1) On the first$25,680 $33,280,
5.35 percent;
69.4 (2) On all over$25,680 $33,280, but not over $102,030 $132,220,
7.05 percent;
69.5 (3) On all over$102,030 $132,220, but not over $200,000,
7.85 percent;
69.6(4) On all over $200,000, 9.1 percent.
69.7 Married individuals filing separate returns, estates, and trusts must compute their
69.8income tax by applying the above rates to their taxable income, except that the income
69.9brackets will be one-half of the above amounts.
69.10 (b) The income taxes imposed by this chapter upon unmarried individuals must be
69.11computed by applying to taxable net income the following schedule of rates:
69.12 (1) On the first$17,570 $22,770,
5.35 percent;
69.13 (2) On all over$17,570 $22,770, but not over $57,710 $74,780,
7.05 percent;
69.14 (3) On all over$57,710 $74,780, but not over $113,110,
7.85 percent;
69.15(4) On all over $113,110, 9.1 percent.
69.16 (c) The income taxes imposed by this chapter upon unmarried individuals qualifying
69.17as a head of household as defined in section 2(b) of the Internal Revenue Code must be
69.18computed by applying to taxable net income the following schedule of rates:
69.19 (1) On the first$21,630 $28,030,
5.35 percent;
69.20 (2) On all over$21,630 $28,030, but not over $86,910 $112,620,
7.05 percent;
69.21 (3) On all over$86,910 $112,620, but not over $170,350,
7.85 percent;
69.22(4) On all over $170,350, 9.1 percent.
69.23 (d) In lieu of a tax computed according to the rates set forth in this subdivision, the
69.24tax of any individual taxpayer whose taxable net income for the taxable year is less than
69.25an amount determined by the commissioner must be computed in accordance with tables
69.26prepared and issued by the commissioner of revenue based on income brackets of not
69.27more than $100. The amount of tax for each bracket shall be computed at the rates set
69.28forth in this subdivision, provided that the commissioner may disregard a fractional part of
69.29a dollar unless it amounts to 50 cents or more, in which case it may be increased to $1.
69.30 (e) An individual who is not a Minnesota resident for the entire year must compute
69.31the individual's Minnesota income tax as provided in this subdivision. After the
69.32application of the nonrefundable credits provided in this chapter, the tax liability must
69.33then be multiplied by a fraction in which:
69.34 (1) the numerator is the individual's Minnesota source federal adjusted gross income
69.35as defined in section 62 of the Internal Revenue Code and increased by the additions
69.36required under section290.01, subdivision 19a , clauses (1), (5), (6), (7), (8), (9), (12),
70.1(13), (16), and (17), and reduced by the Minnesota assignable portion of the subtraction
70.2for United States government interest under section290.01, subdivision 19b , clause
70.3(1), and the subtractions under section290.01, subdivision 19b , clauses (9), (10), (14),
70.4(15), (16), and (18), after applying the allocation and assignability provisions of section
70.5290.081
, clause (a), or
290.17 ; and
70.6 (2) the denominator is the individual's federal adjusted gross income as defined in
70.7section 62 of the Internal Revenue Code of 1986, increased by the amounts specified in
70.8section290.01, subdivision 19a , clauses (1), (5), (6), (7), (8), (9), (12), (13), (16), and (17),
70.9and reduced by the amounts specified in section290.01, subdivision 19b , clauses (1), (9),
70.10(10), (14), (15), (16), and (18).
70.11 (f) For taxable years beginning after December 31, 2013, the maximum tax rate
70.12under this section is 7.85 percent, if the commissioner of management and budget
70.13estimates in the February 2013 economic forecast that the unrestricted general fund
70.14balance at the end of fiscal year 2013 equals or exceeds $500,000,000.
70.15EFFECTIVE DATE.This section is effective for taxable years beginning after
70.16December 31, 2009.
70.17 Sec. 2. Minnesota Statutes 2008, section 290.06, subdivision 2d, is amended to read:
70.18 Subd. 2d. Inflation adjustment of brackets. (a) For taxable years beginning after
70.19December 31,2000 2010, the minimum and maximum dollar amounts for each rate
70.20bracket for which a tax is imposed in subdivision 2c shall be adjusted for inflation by the
70.21percentage determined under paragraph (b). For the purpose of making the adjustment as
70.22provided in this subdivision all of the rate brackets provided in subdivision 2c shall be the
70.23rate brackets as they existed for taxable years beginning after December 31,1999 2009,
70.24and before January 1,2001 2011. The rate applicable to any rate bracket must not be
70.25changed. The dollar amounts setting forth the tax shall be adjusted to reflect the changes
70.26in the rate brackets. The rate brackets as adjusted must be rounded to the nearest $10
70.27amount. If the rate bracket ends in $5, it must be rounded up to the nearest $10 amount.
70.28 (b) The commissioner shall adjust the rate brackets and by the percentage determined
70.29pursuant to the provisions of section 1(f) of the Internal Revenue Code, except that in
70.30section 1(f)(3)(B) the word"1999" "2009" shall be substituted for the word "1992." For
70.312001 2011, the commissioner shall then determine the percent change from the 12 months
70.32ending on August 31,1999 2009, to the 12 months ending on August 31, 2000 2010, and
70.33in each subsequent year, from the 12 months ending on August 31,1999 2009, to the 12
70.34months ending on August 31 of the year preceding the taxable year. The determination of
71.1the commissioner pursuant to this subdivision shall not be considered a "rule" and shall
71.2not be subject to the Administrative Procedure Act contained in chapter 14.
71.3 No later than December 15 of each year, the commissioner shall announce the
71.4specific percentage that will be used to adjust the tax rate brackets.
71.5EFFECTIVE DATE.This section is effective for taxable years beginning after
71.6December 31, 2009.
71.7 Sec. 3. ACCELERATED REINSTATEMENT OF PHASEOUT OF PERSONAL
71.8AND DEPENDENT EXEMPTIONS AND LIMITATION OF ITEMIZED
71.9DEDUCTIONS.
71.10In determining net taxable income under Minnesota Statutes, section 290.01, for
71.11taxable years beginning after December 31, 2009, and before January 1, 2011, sections 102
71.12and 103 of Public Law 107-16, relating to the repeal of phaseout of personal exemptions
71.13and the phaseout of overall limitation on itemized deductions, do not apply.
71.14EFFECTIVE DATE.This section is effective the day following final enactment.
1.3anticipated general fund revenue; modifying certain payment schedules to
1.4improve cash flow; making reductions in appropriations for E-12 education,
1.5higher education, environment and natural resources, energy and commerce,
1.6agriculture, economic development, transportation, public safety, state
1.7government, human services, and health; modifying calculation of state tax aids
1.8and credits; providing for deposit of certain receipts in the special revenue
1.9fund rather than the general fund; adding a fourth tier to income tax rates;
1.10appropriating money;amending Minnesota Statutes 2008, sections 3.9741,
1.11subdivision 2; 8.15, subdivision 3; 13.03, subdivision 10; 16C.23, subdivision
1.126; 103B.101, subdivision 9; 103I.681, subdivision 11; 116J.551, subdivision 1;
1.13123B.75, subdivisions 5, 9, by adding a subdivision; 126C.48, subdivision 7;
1.14127A.441; 127A.45, subdivisions 2, 13; 127A.46; 190.32; 256B.76, subdivision
1.154; 257.69, subdivision 2; 260C.331, subdivision 6; 273.1384, subdivision 6,
1.16as added; 276.112; 289A.60, by adding a subdivision; 290.06, subdivision 2d;
1.17299C.48; 299E.02; 446A.086, subdivision 2, as amended; 469.177, subdivision
1.1811; 518.165, subdivision 3; 609.3241; 611.20, subdivision 3; Minnesota Statutes
1.192009 Supplement, sections 123B.54; 137.025, subdivision 1; 256B.056,
1.20subdivision 3c; 256B.0659, subdivision 11; 256B.441, subdivision 55; 256B.69,
1.21subdivision 5a; 256B.76, subdivision 1; 256B.766; 270.97; 289A.20, subdivision
1.224; 290.06, subdivision 2c; Laws 1994, chapter 531, section 1; Laws 2009,
1.23chapter 79, article 13, sections 3, subdivision 8, as amended; 4, subdivision 4, as
1.24amended; Laws 2009, chapter 96, article 1, section 24, subdivisions 2, 5, 6, 7;
1.25article 2, section 67, subdivisions 2, 3, 4, 7, 9; article 3, section 21, subdivisions
1.262, 3, 4, 5; article 4, section 12, subdivisions 2, 3, 4, 6; article 5, section 13,
1.27subdivisions 4, 6, 7, 9; article 6, section 11, subdivisions 2, 3, 4, 6, 7, 8, 9, 12;
1.28article 7, section 3, subdivision 2; Laws 2010, chapter 215, article 3, section 3,
1.29subdivision 6; article 13, section 6; proposing coding for new law in Minnesota
1.30Statutes, chapter 477A.
1.31BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.34 |
Section 1. GENERAL FUND SUMMARY. |
||||||
2.2appropriations, and transfers into the general fund from other funds, made in this act, after
2.3forecast adjustments and after voiding certain allotment reductions.
2.20 Sec. 2. ALLOTMENT REDUCTIONS VOID.
2.21The allotment reductions made by the commissioner of management and budget
2.22from July 1, 2009, to the effective date of this section are void.
2.23EFFECTIVE DATE.This section is effective the day following final enactment.
2.26 Section 1. Minnesota Statutes 2008, section 127A.46, is amended to read:
2.27127A.46 CHANGE IN PAYMENT OF AIDS AND CREDITS.
2.28If the commissioner of management and budget determines that modifications in the
2.29payment schedule would reduce the need for state short-term borrowing, the commissioner
2.30
2.31begin no sooner than September 1 of each fiscal year, and must remain in effect until no
2.32later than May 30 of that same fiscal year. In calculating the payment to a district pursuant
2.33to section
2.34that subdivision, plus an additional amount no greater than the following:
3.1(1) the net cash balance in each of the district's operating funds on June 30 of the
3.2preceding fiscal year; minus
3.3(2) the product of
3.4preceding fiscal year; minus
3.5(3) the amount of payments made by the county treasurer during the preceding fiscal
3.6year, pursuant to section
3.7However, no additional amount shall be subtracted if the total of the net unappropriated
3.8fund balances in the district's four operating funds on June 30 of the preceding fiscal year,
3.9is less than the product of
3.10preceding fiscal year. The net cash balance must include all cash and investments, less
3.11certificates of indebtedness outstanding, and orders not paid for want of funds.
3.12A district may appeal the payment schedule established by this section according to
3.13the procedures established in section
3.14 Sec. 2. Minnesota Statutes 2009 Supplement, section 137.025, subdivision 1, is
3.15amended to read:
3.16 Subdivision 1. Monthly payments. The commissioner of management and budget
3.17shall pay 1/12 of the annual appropriation to the University of Minnesota
3.1825th day of each month. If the
3.19the monthly payment must be made
3.20the
3.21 Sec. 3. Minnesota Statutes 2008, section 276.112, is amended to read:
3.22276.112 STATE PROPERTY TAXES; COUNTY TREASURER.
3.23On
3.24
3.25
3.26
3.27this chapter for the settlement of taxes levied by school districts, the county treasurer must
3.28make full settlement with the county auditor
3.29
3.30transmit those receipts to the commissioner of revenue by electronic means on the dates
3.31and according to the provisions applicable to distributions to school districts.
3.32EFFECTIVE DATE.This section is effective for distributions beginning October
3.331, 2010, and thereafter.
4.1 Sec. 4. Minnesota Statutes 2009 Supplement, section 289A.20, subdivision 4, is
4.2amended to read:
4.3 Subd. 4. Sales and use tax. (a) The taxes imposed by chapter 297A are due and
4.4payable to the commissioner monthly on or before the 20th day of the month following
4.5the month in which the taxable event occurred, or following another reporting period
4.6as the commissioner prescribes or as allowed under section
4.7paragraph (f) or (g), except that:
4.8(1) use taxes due on an annual use tax return as provided under section
4.9subdivision 1
4.10(2) except as provided in paragraph (f), for a vendor having a liability of $120,000
4.11or more during a fiscal year ending June 30, 2009, and fiscal years thereafter, the taxes
4.12imposed by chapter 297A, except as provided in paragraph (b), are due and payable to the
4.13commissioner monthly in the following manner:
4.14(i) on or before the 14th day of the month following the month in which the taxable
4.15event occurred, the vendor must remit to the commissioner 90 percent of the estimated
4.16liability for the month in which the taxable event occurred; and
4.17(ii) on or before the 20th day of the month following the month in which the taxable
4.18event occurred, the vendor must pay any additional amount of tax not remitted on or
4.19before the 14th day of the month following the month in which the taxable event occurred.
4.20 (b) Notwithstanding paragraph (a), a vendor having a liability of $120,000 or more
4.21during a fiscal year ending June 30 must remit the June liability for the next year in the
4.22following manner:
4.23 (1) Two business days before June 30 of the year, the vendor must remit 90 percent
4.24of the estimated June liability to the commissioner.
4.25 (2) On or before August 20 of the year, the vendor must pay any additional amount
4.26of tax not remitted in June.
4.27 (c) A vendor having a liability of:
4.28 (1)
4.29
4.3030,
4.31returns due for periods beginning in the subsequent calendar year
4.32on or before the 20th day of the month following the month in which the taxable event
4.33occurred, or on or before the 20th day of the month following the month in which the sale
4.34is reported under section
4.35
4.36
5.1(2) $120,000 or more, during a fiscal year ending June 30, 2009, and fiscal years
5.2thereafter, must remit by electronic means all liabilities in the manner provided in
5.3paragraph (a), clause (2), on returns due for periods beginning in the subsequent calendar
5.4year, except for 90 percent of the estimated June liability, which is due two business days
5.5before June 30. The remaining amount of the June liability is due on August 20.
5.6(d) Notwithstanding paragraph (b) or (c), a person prohibited by the person's
5.7religious beliefs from paying electronically shall be allowed to remit the payment by mail.
5.8The filer must notify the commissioner of revenue of the intent to pay by mail before
5.9doing so on a form prescribed by the commissioner. No extra fee may be charged to a
5.10person making payment by mail under this paragraph. The payment must be postmarked
5.11at least two business days before the due date for making the payment in order to be
5.12considered paid on a timely basis.
5.13(e) Whenever the liability is $120,000 or more separately for (1) the tax imposed
5.14under chapter 297A; (2) a fee that is to be reported on the same return as and paid with the
5.15chapter 297A taxes; or (3) any other tax that is to be reported on the same return as and
5.16paid with the chapter 297A taxes, then the payment of all the liabilities on the return must
5.17be accelerated as provided in this subdivision.
5.18(f) At the start of the first calendar quarter at least 90 days after the cash flow
5.19account established in section 16A.152, subdivision 1, and the budget reserve account
5.20established in section 16A.152, subdivision 1a, reach the amounts listed in section
5.2116A.152, subdivision 2, paragraph (a), the remittance of estimated sales tax collections
5.22by the 14th day of a month required under paragraph (a), clause (2), shall be suspended.
5.23The commissioner of management and budget shall notify the commissioner of revenue
5.24when the accounts have reached the required amounts. Beginning with the suspension
5.25of paragraph (a), clause (2), for a vendor with a liability of $120,000 or more during a
5.26fiscal year ending June 30, 2009, and fiscal years thereafter, the taxes imposed by chapter
5.27297A are due and payable to the commissioner on the 20th day of the month following the
5.28month in which the taxable event occurred. Payments of tax liabilities for taxable events
5.29occurring in June under paragraph (b) are not changed.
5.30EFFECTIVE DATE.This section is effective for taxes due and payable after
5.31September 1, 2010.
5.32 Sec. 5. Minnesota Statutes 2008, section 289A.60, is amended by adding a subdivision
5.33to read:
5.34 Subd. 31. Accelerated payment of monthly sales tax liability; penalty for
5.35underpayment. For payments made after September 1, 2010, if a vendor is required
6.1by section 289A.20, subdivision 4, to remit a 90 percent payment by the 14th day of
6.2the month following the month in which the taxable event occurred, as an estimation
6.3of monthly sales tax liabilities, including the liability of any fee or other tax that is to
6.4be reported on the same return as and paid with the chapter 297A taxes, for the month
6.5in which the taxable event occurred, the vendor shall pay a penalty equal to ten percent
6.6of the amount of liability that was required to be paid by the 14th day of the month less
6.7the amount remitted by the 14th day of the month. The penalty must not be imposed,
6.8however, if the amount remitted by the 14th day of the month equals the lesser of (1) 90
6.9percent of the liability for the month preceding the month in which the taxable event
6.10occurred; (2) 90 percent of the liability for the same month in the previous calendar year
6.11as the month in which the taxable event occurred; or (3) 90 percent of the average monthly
6.12liability for the previous calendar year.
6.13EFFECTIVE DATE.This section is effective for taxes due and payable after
6.14September 1, 2010.
6.17 Section 1. Minnesota Statutes 2008, section 123B.75, is amended by adding a
6.18subdivision to read:
6.19 Subd. 1a. Definition. For the purposes of this section, "school district tax settlement
6.20revenue" means the current, delinquent, and manufactured home property tax receipts
6.21collected by the county and distributed to the school district.
6.22EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
6.23 Sec. 2. Minnesota Statutes 2008, section 123B.75, subdivision 5, is amended to read:
6.24 Subd. 5. Levy recognition. (a)
6.25
6.26
6.27
6.28school district must recognize as revenue, in the fund for which the levy was made, the
6.29lesser of:
6.30(1) the sum of May, June, and July school district tax settlement revenue received in
6.31that calendar year, plus general education aid according to section
6.324
6.33(2) the sum of:
7.1(i) 31 percent of the referendum levy certified according to section
7.2calendar year 2000; and
7.3(ii) the entire amount of the levy certified in the prior calendar year according to
7.4section
7.6(a), and 3
7.7subdivision 6
7.8(iii) zero percent of the amount of the levy certified in the prior calendar year for the
7.9school district's general and community service funds, plus or minus auditor's adjustments,
7.10not including the levy portions that are assumed by the state, that remains after subtracting
7.11the referendum levy certified according to section 126C.17 and the amount recognized
7.12according to item (ii).
7.13(b) For fiscal year 2011 and later years, in June of each year, the school district must
7.14recognize as revenue, in the fund for which the levy was made, the lesser of:
7.15(1) the sum of May, June, and July school district tax settlement revenue received in
7.16that calendar year, plus general education aid according to section 126C.13, subdivision
7.174, received in July and August of that calendar year; or
7.18(2) the sum of:
7.19(i) the greater of 48.6 percent of the referendum levy certified according to section
7.20126C.17 in the prior calendar year, or 31 percent of the referendum levy certified
7.21according to section 126C.17 in calendar year 2000; plus
7.22(ii) the entire amount of the levy certified in the prior calendar year according to
7.23section 124D.86, subdivision 4, for school districts receiving revenue under sections
7.24124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, paragraph
7.25(a), and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 2; 126C.457; and 126C.48,
7.26subdivision 6; plus
7.27(iii) 48.6 percent of the amount of the levy certified in the prior calendar year for the
7.28school district's general and community service funds, plus or minus auditor's adjustments,
7.29not including the levy portions that are assumed by the state, that remains after subtracting
7.30the referendum levy certified according to section 126C.17 and the amount recognized
7.31according to item (ii).
7.32EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
7.33 Sec. 3. Minnesota Statutes 2008, section 123B.75, subdivision 9, is amended to read:
7.34 Subd. 9. Commissioner shall specify fiscal year. The commissioner shall specify
7.35the fiscal year or years to which the revenue from any aid or tax levy is applicable if
8.1Minnesota Statutes do not so specify. The commissioner must report to the chairs and
8.2ranking minority members of the house of representatives and senate committees with
8.3jurisdiction over education finance by January 15 of each year any adjustments under this
8.4subdivision in the previous year.
8.5 Sec. 4. Minnesota Statutes 2008, section 126C.48, subdivision 7, is amended to read:
8.6 Subd. 7. Reporting. For each tax settlement, the county auditor shall report to each
8.7school district by fund, the district tax settlement revenue defined in section
8.8subdivision
8.9shall send to the district a copy of the spread levy report specified in section
8.10EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
8.11 Sec. 5. Minnesota Statutes 2008, section 127A.441, is amended to read:
8.12127A.441 AID REDUCTION; LEVY REVENUE RECOGNITION CHANGE.
8.13 Each year, the state aids payable to any school district for that fiscal year that are
8.14recognized as revenue in the school district's general and community service funds shall
8.15be adjusted by an amount equal to (1) the amount the district recognized as revenue for the
8.16prior fiscal year pursuant to section
8.17the amount the district recognized as revenue for the current fiscal year pursuant to section
8.19under this section, the amount the district recognizes as revenue for either the prior fiscal
8.20year or the current fiscal year pursuant to section
8.21shall not include any amount levied pursuant to section
8.22districts receiving revenue under sections
8.25be adjusted pursuant to this section. The school district shall be notified of the amount of
8.26the adjustment made to each payment pursuant to this section.
8.27EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
8.28 Sec. 6. Minnesota Statutes 2008, section 127A.45, subdivision 2, is amended to read:
8.29 Subd. 2. Definitions. (a)
8.30county treasurers pursuant to section
8.31fund pursuant to section
9.1section
9.2revenue pursuant to chapter 298.
9.3(b)
9.4(1) the cumulative disbursement percentage shown in subdivision 3; times
9.5(2) the sum of
9.6(i) the current year aid payment percentage of the estimated aid and credit
9.7entitlements paid according to subdivision 13; plus
9.8(ii) 100 percent of the entitlements paid according to subdivisions 11 and 12; plus
9.9(iii) the other district receipts.
9.10(c)
9.11are made by the electronic funds transfer method. If a payment date falls on a Saturday,
9.12a Sunday, or a weekday which is a legal holiday, the payment shall be made on the
9.13immediately preceding business day. The commissioner may make payments on dates
9.14other than those listed in subdivision 3, but only for portions of payments from any
9.15preceding payment dates which could not be processed by the electronic funds transfer
9.16method due to documented extenuating circumstances.
9.17(d) The current year aid payment percentage equals 73 in fiscal years 2010 and
9.182011 and 90 in fiscal years 2012 and later.
9.19EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
9.20 Sec. 7. Minnesota Statutes 2008, section 127A.45, subdivision 13, is amended to read:
9.21 Subd. 13. Aid payment percentage. Except as provided in subdivisions 11, 12, 12a,
9.22and 14, each fiscal year, all education aids and credits in this chapter and chapters 120A,
9.23120B, 121A, 122A, 123A, 123B, 124D, 125A, 125B, 126C, 134, and section
9.24shall be paid at the current year aid payment percentage of the estimated entitlement during
9.25the fiscal year of the entitlement.
9.26
9.27
9.28purposes of this subdivision, a district's estimated entitlement for special education excess
9.29cost aid under section
9.30district's entitlement for the current fiscal year. The final adjustment payment, according
9.31to subdivision 9, must be the amount of the actual entitlement, after adjustment for actual
9.32data, minus the payments made during the fiscal year of the entitlement.
9.33 Sec. 8. Laws 2009, chapter 96, article 1, section 24, subdivision 2, is amended to read:
10.1 Subd. 2. General education aid. For general education aid under Minnesota
10.2Statutes, section
| 10.3 10.4 |
$ |
4,291,422,000 |
..... |
2010 |
|
| 10.5 10.6 |
$ |
4,947,948,000 |
..... |
2011 |
10.8
10.9The 2011 appropriation includes
10.10
10.11 Sec. 9. Laws 2009, chapter 96, article 6, section 11, subdivision 6, is amended to read:
10.12 Subd. 6. Educate parents partnership. For the educate parents partnership under
10.13Minnesota Statutes, section
| 10.14 |
$ |
..... |
2010 |
||
| 10.15 |
$ |
..... |
2011 |
10.17 Sec. 10. Laws 2009, chapter 96, article 6, section 11, subdivision 7, is amended to read:
10.18 Subd. 7. Kindergarten entrance assessment initiative and intervention
10.19program. For the kindergarten entrance assessment initiative and intervention program
10.20under Minnesota Statutes, section
| 10.21 |
$ |
..... |
2010 |
||
| 10.22 |
$ |
..... |
2011 |
10.24 Sec. 11. Laws 2009, chapter 96, article 7, section 3, subdivision 2, is amended to read:
10.25 Subd. 2. Department. (a) For the Department of Education:
| 10.26 10.27 |
$ |
20,147,600 |
..... |
2010 |
|
| 10.28 10.29 |
$ |
19,811,000 |
..... |
2011 |
10.31(b) $260,000 each year is for the Minnesota Children's Museum.
10.32(c) $41,000 each year is for the Minnesota Academy of Science.
10.33(d)
10.34first year does not cancel but is available in the second year.
11.1(e)
11.2balance in the first year does not cancel but is available in the second year.
11.3(f)
11.4under Minnesota Statutes, section
11.5fiscal year 2010 only. If the department expends federal funds to employ a hearing
11.6loss coordinator under Minnesota Statutes, section
11.7appropriation under this paragraph is reallocated for purposes of employing a world
11.8languages coordinator.
11.9(g) $50,000 each year is for the Duluth Children's Museum.
11.10(h) None of the amounts appropriated under this subdivision may be used for
11.11Minnesota's Washington, D.C., office.
11.12(i) The expenditures of federal grants and aids as shown in the biennial budget
11.13document and its supplements are approved and appropriated and shall be spent as
11.14indicated. The commissioner must provide, to the K-12 Education Finance Division in
11.15the house of representatives and the E-12 Budget Division in the senate, details about the
11.16distribution of state incentive grants, education technology state grants, teacher incentive
11.17funds, and statewide data system funds as outlined in the supplemental federal funds
11.18submission dated March 25, 2009.
11.19 Sec. 12. ADVANCE FINAL PAYMENT; FISCAL YEARS 2010 AND 2011.
11.20(a) Notwithstanding Minnesota Statutes, section 127A.45, subdivisions 3 and
11.217, for fiscal years 2010 and 2011 only, a school district or charter school exceeding its
11.22expenditure limitations under Minnesota Statutes, section 123B.83, as of June 30, 2009, or
11.23June 30, 2010, may receive a portion of its final payment for the current fiscal year on
11.24June 20, if requested by the district or charter school. The amount paid under this section
11.25must not exceed the lesser of:
11.26(1) the difference between 90 percent and the current year aid payment percentage
11.27under Minnesota Statutes, section 127A.45, subdivision 2, paragraph (d), in the current
11.28fiscal year times the sum of the district or charter school's general education aid plus the
11.29aid adjustment in Minnesota Statutes, section 127A.50, for the current fiscal year; or
11.30(2) the amount by which the district or charter school's net negative unreserved
11.31general fund balance as of June 30 of the prior fiscal year exceeds 2.5 percent of the
11.32district or charter school's expenditures for that fiscal year.
11.33(b) The state total advance final payment under this subdivision for any fiscal year
11.34must not exceed $7,500,000. If the amount exceeds $7,500,000, the advance final payment
11.35for each eligible district must be reduced proportionately.
12.1EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
12.4 Section 1. Minnesota Statutes 2009 Supplement, section 123B.54, is amended to read:
12.5123B.54 DEBT SERVICE APPROPRIATION.
12.6 (a)
12.7
12.8in fiscal year 2013 and later are appropriated from the general fund to the commissioner of
12.9education for payment of debt service equalization aid under section
12.10 (b) The appropriations in paragraph (a) must be reduced by the amount of any
12.11money specifically appropriated for the same purpose in any year from any state fund.
12.12 Sec. 2. Laws 2009, chapter 96, article 1, section 24, subdivision 5, is amended to read:
12.13 Subd. 5. Consolidation transition. For districts consolidating under Minnesota
12.14Statutes, section
| 12.15 |
$ |
..... |
2010 |
||
| 12.16 |
$ |
..... |
2011 |
12.18The 2011 appropriation includes
12.19for 2011.
12.20 Sec. 3. Laws 2009, chapter 96, article 1, section 24, subdivision 6, is amended to read:
12.21 Subd. 6. Nonpublic pupil education aid. For nonpublic pupil education aid under
12.22Minnesota Statutes, sections
| 12.23 12.24 |
$ |
12,861,000 |
..... |
2010 |
|
| 12.25 12.26 |
$ |
16,663,000 |
..... |
2011 |
12.28$11,794,000 for 2010.
12.29The 2011 appropriation includes
12.30$12,301,000 for 2011.
12.31 Sec. 4. Laws 2009, chapter 96, article 1, section 24, subdivision 7, is amended to read:
13.1 Subd. 7. Nonpublic pupil transportation. For nonpublic pupil transportation aid
13.2under Minnesota Statutes, section
| 13.3 13.4 |
$ |
17,297,000 |
..... |
2010 |
|
| 13.5 13.6 |
$ |
20,333,000 |
..... |
2011 |
13.8for 2010.
13.9The 2011 appropriation includes
13.10$14,704,000 for 2011.
13.11 Sec. 5. Laws 2009, chapter 96, article 2, section 67, subdivision 2, is amended to read:
13.12 Subd. 2. Charter school building lease aid. For building lease aid under Minnesota
13.13Statutes, section
| 13.14 13.15 |
$ |
34,833,000 |
..... |
2010 |
|
| 13.16 13.17 |
$ |
46,370,000 |
..... |
2011 |
13.19for 2010.
13.20The 2011 appropriation includes
13.21$34,857,000 for 2011.
13.22 Sec. 6. Laws 2009, chapter 96, article 2, section 67, subdivision 3, is amended to read:
13.23 Subd. 3. Charter school startup aid. For charter school startup cost aid under
13.24Minnesota Statutes, section
| 13.25 13.26 |
$ |
1,218,000 |
..... |
2010 |
|
| 13.27 13.28 |
$ |
759,000 |
..... |
2011 |
13.30for 2010.
13.31The 2011 appropriation includes
13.32$384,000 for 2011.
13.33 Sec. 7. Laws 2009, chapter 96, article 2, section 67, subdivision 4, is amended to read:
13.34 Subd. 4. Integration aid. For integration aid under Minnesota Statutes, section
| 14.1 14.2 |
$ |
50,812,000 |
..... |
2010 |
|
| 14.3 14.4 |
$ |
63,717,000 |
..... |
2011 |
14.6$44,980,000 for 2010.
14.7The 2011 appropriation includes
14.8$47,081,000 for 2011.
14.9 Sec. 8. Laws 2009, chapter 96, article 2, section 67, subdivision 7, is amended to read:
14.10 Subd. 7. Success for the future. For American Indian success for the future grants
14.11under Minnesota Statutes, section
| 14.12 14.13 |
$ |
1,774,000 |
..... |
2010 |
|
| 14.14 |
$ |
2,137,000 |
..... |
2011 |
14.16for 2010.
14.17The 2011 appropriation includes
14.18$1,561,000 for 2011.
14.19 Sec. 9. Laws 2009, chapter 96, article 2, section 67, subdivision 9, is amended to read:
14.20 Subd. 9. Tribal contract schools. For tribal contract school aid under Minnesota
14.21Statutes, section
| 14.22 14.23 |
$ |
1,702,000 |
..... |
2010 |
|
| 14.24 14.25 |
$ |
2,186,000 |
..... |
2011 |
14.27for 2010.
14.28The 2011 appropriation includes
14.29$1,628,000 for 2011.
14.30 Sec. 10. Laws 2009, chapter 96, article 3, section 21, subdivision 2, is amended to read:
14.31 Subd. 2. Special education; regular. For special education aid under Minnesota
14.32Statutes, section
| 15.1 15.2 |
$ |
609,003,000 |
..... |
2010 |
|
| 15.3 15.4 |
$ |
772,845,000 |
..... |
2011 |
15.6$537,056,000 for 2010.
15.7The 2011 appropriation includes
15.8
15.9 Sec. 11. Laws 2009, chapter 96, article 3, section 21, subdivision 3, is amended to read:
15.10 Subd. 3. Aid for children with disabilities. For aid under Minnesota Statutes,
15.11section
15.12within the district boundaries for whom no district of residence can be determined:
| 15.13 15.14 |
$ |
1,125,000 |
..... |
2010 |
|
| 15.15 15.16 |
$ |
1,193,000 |
..... |
2011 |
15.18year is available.
15.19 Sec. 12. Laws 2009, chapter 96, article 3, section 21, subdivision 4, is amended to read:
15.20 Subd. 4. Travel for home-based services. For aid for teacher travel for home-based
15.21services under Minnesota Statutes, section
| 15.22 |
$ |
..... |
2010 |
||
| 15.23 |
$ |
..... |
2011 |
15.25The 2011 appropriation includes
15.26for 2011.
15.27 Sec. 13. Laws 2009, chapter 96, article 3, section 21, subdivision 5, is amended to read:
15.28 Subd. 5. Special education; excess costs. For excess cost aid under Minnesota
15.29Statutes, section
| 15.30 15.31 |
$ |
96,926,000 |
..... |
2010 |
|
| 15.32 15.33 |
$ |
110,871,000 |
..... |
2011 |
15.35for 2010.
16.1The 2011 appropriation includes
16.2$59,904,000 for 2011.
16.3 Sec. 14. Laws 2009, chapter 96, article 4, section 12, subdivision 2, is amended to read:
16.4 Subd. 2. Health and safety revenue. For health and safety aid according to
16.5Minnesota Statutes, section
| 16.6 |
$ |
..... |
2010 |
||
| 16.7 |
$ |
..... |
2011 |
16.9The 2011 appropriation includes
16.10for 2011.
16.11 Sec. 15. Laws 2009, chapter 96, article 4, section 12, subdivision 3, is amended to read:
16.12 Subd. 3. Debt service equalization. For debt service aid according to Minnesota
16.13Statutes, section
| 16.14 16.15 |
$ |
6,608,000 |
..... |
2010 |
|
| 16.16 16.17 |
$ |
8,465,000 |
..... |
2011 |
16.19for 2010.
16.20The 2011 appropriation includes
16.21$6,337,000 for 2011.
16.22 Sec. 16. Laws 2009, chapter 96, article 4, section 12, subdivision 4, is amended to read:
16.23 Subd. 4. Alternative facilities bonding aid. For alternative facilities bonding aid,
16.24according to Minnesota Statutes, section
| 16.25 16.26 |
$ |
16,008,000 |
..... |
2010 |
|
| 16.27 |
$ |
19,287,000 |
..... |
2011 |
16.29for 2010.
16.30The 2011 appropriation includes
16.31$14,080,000 for 2011.
16.32 Sec. 17. Laws 2009, chapter 96, article 4, section 12, subdivision 6, is amended to read:
17.1 Subd. 6. Deferred maintenance aid. For deferred maintenance aid, according to
17.2Minnesota Statutes, section
| 17.3 17.4 |
$ |
1,918,000 |
..... |
2010 |
|
| 17.5 17.6 |
$ |
2,211,000 |
..... |
2011 |
17.8for 2010.
17.9The 2011 appropriation includes
17.10$1,598,000 for 2011.
17.11 Sec. 18. Laws 2009, chapter 96, article 5, section 13, subdivision 4, is amended to read:
17.12 Subd. 4. Kindergarten milk. For kindergarten milk aid under Minnesota Statutes,
17.13section
| 17.14 17.15 |
$ |
1,104,000 |
..... |
2010 |
|
| 17.16 17.17 |
$ |
1,126,000 |
..... |
2011 |
17.18 Sec. 19. Laws 2009, chapter 96, article 5, section 13, subdivision 6, is amended to read:
17.19 Subd. 6. Basic system support. For basic system support grants under Minnesota
17.20Statutes, section
| 17.21 17.22 |
$ |
11,264,000 |
..... |
2010 |
|
| 17.23 |
$ |
13,570,000 |
..... |
2011 |
17.25for 2010.
17.26The 2011 appropriation includes
17.27$9,907,000 for 2011.
17.28 Sec. 20. Laws 2009, chapter 96, article 5, section 13, subdivision 7, is amended to read:
17.29 Subd. 7. Multicounty, multitype library systems. For grants under Minnesota
17.30Statutes, sections
| 17.31 17.32 |
$ |
1,079,000 |
..... |
2010 |
|
| 17.33 |
$ |
1,300,000 |
..... |
2011 |
17.352010.
18.1The 2011 appropriation includes
18.2$949,000 for 2011.
18.3 Sec. 21. Laws 2009, chapter 96, article 5, section 13, subdivision 9, is amended to read:
18.4 Subd. 9. Regional library telecommunications aid. For regional library
18.5telecommunications aid under Minnesota Statutes, section
| 18.6 18.7 |
$ |
1,909,000 |
..... |
2010 |
|
| 18.8 |
$ |
2,300,000 |
..... |
2011 |
18.10for 2010.
18.11The 2011 appropriation includes
18.12$1,679,000 for 2011.
18.13 Sec. 22. Laws 2009, chapter 96, article 6, section 11, subdivision 2, is amended to read:
18.14 Subd. 2. School readiness. For revenue for school readiness programs under
18.15Minnesota Statutes, sections
| 18.16 18.17 |
$ |
8,379,000 |
..... |
2010 |
|
| 18.18 |
$ |
10,095,000 |
..... |
2011 |
18.20for 2010.
18.21The 2011 appropriation includes
18.22$7,370,000 for 2011.
18.23 Sec. 23. Laws 2009, chapter 96, article 6, section 11, subdivision 3, is amended to read:
18.24 Subd. 3. Early childhood family education aid. For early childhood family
18.25education aid under Minnesota Statutes, section
| 18.26 18.27 |
$ |
19,005,000 |
..... |
2010 |
|
| 18.28 18.29 |
$ |
22,126,000 |
..... |
2011 |
18.31for 2010.
18.32The 2011 appropriation includes
18.33$16,215,000 for 2011.
19.1 Sec. 24. Laws 2009, chapter 96, article 6, section 11, subdivision 4, is amended to read:
19.2 Subd. 4. Health and developmental screening aid. For health and developmental
19.3screening aid under Minnesota Statutes, sections
| 19.4 19.5 |
$ |
2,922,000 |
..... |
2010 |
|
| 19.6 19.7 |
$ |
3,531,000 |
..... |
2011 |
19.9for 2010.
19.10The 2011 appropriation includes
19.11$2,586,000 for 2011.
19.12 Sec. 25. Laws 2009, chapter 96, article 6, section 11, subdivision 8, is amended to read:
19.13 Subd. 8. Community education aid. For community education aid under
19.14Minnesota Statutes, section
| 19.15 |
$ |
..... |
2010 |
||
| 19.16 |
$ |
..... |
2011 |
19.18The 2011 appropriation included
19.19for 2011.
19.20 Sec. 26. Laws 2009, chapter 96, article 6, section 11, subdivision 9, is amended to read:
19.21 Subd. 9. Adults with disabilities program aid. For adults with disabilities
19.22programs under Minnesota Statutes, section
| 19.23 |
$ |
..... |
2010 |
||
| 19.24 |
$ |
710,000 |
..... |
2011 |
19.26for 2010.
19.27The 2011 appropriation includes
19.28for 2011.
19.29 Sec. 27. Laws 2009, chapter 96, article 6, section 11, subdivision 12, is amended to
19.30read:
19.31 Subd. 12. Adult basic education aid. For adult basic education aid under
19.32Minnesota Statutes, section
| 20.1 20.2 |
$ |
35,671,000 |
..... |
2010 |
|
| 20.3 20.4 |
$ |
44,065,000 |
..... |
2011 |
20.6for 2010.
20.7The 2011 appropriation includes
20.8$32,421,000 for 2011.
| 20.11 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
20.13in this article.
| 20.14 |
2010 |
2011 |
Total |
||||
| 20.15 |
General |
$ |
(77,000) |
$ |
(100,077,000) |
$ |
(100,154,000) |
| 20.16 |
Sec. 2. APPROPRIATIONS. |
||||||
20.18in parentheses, subtracted from the appropriations in Laws 2009, chapter 95, article 1, to
20.19the agencies and for the purposes specified in this article. The appropriations are from the
20.20general fund, or another named fund, and are available for the fiscal years indicated for
20.21each purpose. The figures "2010" and "2011" used in this article mean that the addition
20.22to or subtraction from the appropriation listed under them is available for the fiscal year
20.23ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
20.24reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
20.25day following final enactment.
| 20.26 |
APPROPRIATIONS |
||||||
| 20.27 |
Available for the Year |
||||||
| 20.28 |
Ending June 30 |
||||||
| 20.29 |
2010 |
2011 |
|||||
| 20.30 20.31 |
Sec. 3. MINNESOTA OFFICE OF HIGHER EDUCATION |
$ |
(77,000) |
$ |
(77,000) |
||
20.33agency administration.
21.1If an extension of the enhanced federal
21.2medical assistance percentage (FMAP) under
21.3Public Law 111-5, section 5001, to at least
21.4June 30, 2011, is enacted by June 15, 2010,
21.5$36,000,000 is appropriated from the general
21.6fund to the Minnesota Office of Higher
21.7Education for the state grant program, to be
21.8available for the fiscal year ending June 30,
21.92011.
| 21.10 21.11 21.12 |
Sec. 4. BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES |
$ |
-0- |
$ |
(50,000,000) |
||
21.14the central offices and shared services unit
21.15appropriation.
21.16$46,421,000 of the reduction in 2011
21.17is from the operations and maintenance
21.18appropriation.
21.19For fiscal years 2012 and 2013, the base for
21.20operations and maintenance is $580,802,000
21.21each year.
| 21.22 21.23 |
Sec. 5. BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA |
||||||
| 21.24 |
Subdivision 1.Total Appropriation |
$ |
-0- |
$ |
(50,000,000) |
||
21.26purpose are shown in the following
21.27subdivisions.
| 21.28 |
Subd. 2.Operations and Maintenance |
-0- |
(44,606,000) |
||||
21.30operations and maintenance is $578,370,000
21.31each year.
| 21.32 |
Subd. 3.Special Appropriations |
||||||
| 21.33 |
(a) Agriculture and Extension Service |
-0- |
(3,858,000) |
||||
| 22.1 |
(b) Health Sciences |
-0- |
(389,000) |
||||
22.3Cloud family practice residency program.
| 22.4 |
(c) Institute of Technology |
-0- |
(102,000) |
||||
| 22.5 |
(d) System Special |
-0- |
(454,000) |
||||
| 22.6 22.7 |
(e) University of Minnesota and Mayo Foundation Partnership |
-0- |
(591,000) |
||||
| 22.10 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
22.12fund, made in this article.
| 22.13 |
2010 |
2011 |
Total |
||||
| 22.14 |
General |
$ |
(1,571,000) |
$ |
(1,564,000) |
$ |
(3,135,000) |
| 22.15 |
Sec. 2. APPROPRIATIONS. |
||||||
22.17in parentheses, subtracted from the appropriations in Laws 2009, chapter 37, article 1, to
22.18the agencies and for the purposes specified in this article. The appropriations are from the
22.19general fund, or another named fund, and are available for the fiscal years indicated for
22.20each purpose. The figures "2010" and "2011" used in this article mean that the addition to
22.21or subtraction from the appropriation listed under them are available for the fiscal year
22.22ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
22.23reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
22.24day following final enactment.
| 22.25 |
APPROPRIATIONS |
||||||
| 22.26 |
Available for the Year |
||||||
| 22.27 |
Ending June 30 |
||||||
| 22.28 |
2010 |
2011 |
|||||
| 22.29 |
Sec. 3. POLLUTION CONTROL AGENCY |
||||||
| 22.30 |
Subdivision 1.Total Appropriation |
$ |
(110,000) |
$ |
(99,000) |
||
23.2purpose are shown in the following
23.3subdivisions.
| 23.4 |
Subd. 2.Water |
(98,000) |
(38,000) |
23.6is from the agency's activities to develop
23.7minimal impact design standards for urban
23.8stormwater runoff.
| 23.9 |
Subd. 3.Land |
-0- |
(30,000) |
23.11from the environmental health tracking and
23.12biomonitoring activities of the agency.
| 23.13 23.14 |
Subd. 4.Environmental Assistance and Cross Media |
-0- |
(16,000) |
| 23.15 23.16 |
Subd. 5.Administrative Support |
(12,000) |
(15,000) |
| 23.17 |
Sec. 4. NATURAL RESOURCES |
||||||
| 23.18 |
Subdivision 1.Total Appropriation |
$ |
(1,375,000) |
$ |
(1,379,000) |
||
23.20purpose are shown in the following
23.21subdivisions.
| 23.22 23.23 |
Subd. 2.Lands and Minerals |
(30,000) |
(30,000) |
| 23.24 23.25 |
Subd. 3.Water Resources Management |
(84,000) |
(84,000) |
| 23.26 23.27 |
Subd. 4.Forest Management |
(188,000) |
(188,000) |
23.29activities supporting the Forest Resources
23.30Council with implementation of the
23.31Sustainable Forest Resources Act.
| 23.32 23.33 |
Subd. 5.Parks and Trails Management |
(420,000) |
(422,000) |
| 24.1 24.2 |
Subd. 6.Fish and Wildlife Management |
(265,000) |
(265,000) |
24.4activities for preserving, restoring, and
24.5enhancing grassland/wetland complexes on
24.6public or private land.
| 24.7 |
Subd. 7.Ecological Services |
(46,000) |
(47,000) |
| 24.8 |
Subd. 8.Enforcement |
(230,000) |
(230,000) |
| 24.9 24.10 |
Subd. 9.Operations Support |
(112,000) |
(113,000) |
| 24.11 |
Sec. 5. METROPOLITAN COUNCIL |
$ |
(86,000) |
$ |
(86,000) |
||
24.12 Sec. 6. Laws 2010, chapter 215, article 3, section 3, subdivision 6, is amended to read:
| 24.13 |
Subd. 6.Transfers In |
||||||
24.15agency indirect costs account in the special
24.16revenue fund are reduced by $328,000 in
24.17fiscal year 2010 and $462,000 in fiscal year
24.182011, and those amounts must be transferred
24.19to the general fund by June 30, 2011. The
24.20appropriation reductions are onetime.
24.21(b) The commissioner of management and
24.22budget shall transfer
24.23in fiscal year 2011 from the closed landfill
24.24investment fund in Minnesota Statutes,
24.25section
24.26commissioner shall transfer
24.27$12,000,000 on July 1
24.28
24.292016, and 2017 from the general fund to the
24.30closed landfill investment fund. For
24.31
24.32investment fund, the commissioner shall
24.33determine the total amount of interest and
25.1other earnings that would have accrued to
25.2the fund if the transfers to the general fund
25.3under this paragraph had not been made and
25.4add this amount to the transfer. The amounts
25.5necessary for these transfers are appropriated
25.6from the general fund in the fiscal years
25.7specified for the transfers.
| 25.10 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
25.12in this article.
| 25.13 |
2010 |
2011 |
Total |
||||
| 25.14 |
General |
$ |
(247,000) |
$ |
(247,000) |
$ |
(494,000) |
| 25.15 |
Sec. 2. APPROPRIATIONS. |
||||||
25.17in parentheses, subtracted from the appropriations in Laws 2009, chapter 37, article 2, to
25.18the agencies and for the purposes specified in this article. The appropriations are from the
25.19general fund, or another named fund, and are available for the fiscal years indicated for
25.20each purpose. The figures "2010" and "2011" used in this article mean that the addition
25.21to or subtraction from the appropriation listed under them is available for the fiscal year
25.22ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
25.23reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
25.24day following final enactment.
| 25.25 |
APPROPRIATIONS |
||||||
| 25.26 |
Available for the Year |
||||||
| 25.27 |
Ending June 30 |
||||||
| 25.28 |
2010 |
2011 |
|||||
| 25.29 |
Sec. 3. DEPARTMENT OF COMMERCE |
||||||
| 25.30 |
Subdivision 1.Total Appropriation |
$ |
(247,000) |
$ |
(247,000) |
||
25.32purpose are shown in the following
25.33subdivisions.
| 26.1 |
Subd. 2.Administrative Services |
(97,000) |
(97,000) |
||||
| 26.2 |
Subd. 3.Market Assurance |
(150,000) |
(150,000) |
||||
| 26.5 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
26.7in this article.
| 26.8 |
2010 |
2011 |
Total |
||||
| 26.9 |
General |
$ |
(493,000) |
$ |
(492,000) |
$ |
(985,000) |
| 26.10 |
Sec. 2. AGRICULTURAL APPROPRIATIONS. |
||||||
26.12in parentheses, subtracted from the appropriations in Laws 2009, chapter 94, article 1, to
26.13the agencies and for the purposes specified in this article. The appropriations are from the
26.14general fund, or another named fund, and are available for the fiscal years indicated for
26.15each purpose. The figures "2010" and "2011" used in this article mean that the addition to
26.16or subtraction from the appropriations listed under them are available for the fiscal year
26.17ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
26.18reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
26.19day following final enactment.
| 26.20 |
APPROPRIATIONS |
||||||
| 26.21 |
Available for the Year |
||||||
| 26.22 |
Ending June 30 |
||||||
| 26.23 |
2010 |
2011 |
|||||
| 26.24 |
Sec. 3. DEPARTMENT OF AGRICULTURE |
||||||
| 26.25 |
Subdivision 1.Total Appropriation |
$ |
(493,000) |
$ |
(492,000) |
||
26.27purpose are shown in the following
26.28subdivisions.
| 26.29 |
Subd. 2.Protection Services |
(228,000) |
(228,000) |
||||
26.31fiscal year 2011 are reductions from plant
26.32pest surveys.
| 27.1 27.2 |
Subd. 3.Agricultural Marketing and Development |
(127,000) |
(127,000) |
||||
27.4fiscal year 2011 are reductions for integrated
27.5pest management activities.
| 27.6 27.7 |
Subd. 4.Administration and Financial Assistance |
(138,000) |
(137,000) |
||||
27.9fiscal year 2011 are reductions from the dairy
27.10and profitability enhancement and dairy
27.11business planning grant programs established
27.12under Laws 1997, chapter 216, section 7,
27.13subdivision 2, and Laws 2001, First Special
27.14Session chapter 2, section 9, subdivision 2.
27.15$1,000 in fiscal year 2010 is a reduction from
27.16the appropriation for the administration of
27.17the Feeding Minnesota Task Force.
| 27.20 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
27.22in this article.
| 27.23 |
2010 |
2011 |
Total |
||||
| 27.24 |
General |
$ |
(489,000) |
$ |
(745,000) |
$ |
(1,234,000) |
| 27.25 |
Sec. 2. APPROPRIATIONS. |
||||||
27.27in parentheses, subtracted from the appropriations in Laws 2009, chapter 78, article 1, to
27.28the agencies and for the purposes specified in this article. The appropriations are from the
27.29general fund, or another named fund, and are available for the fiscal years indicated for
27.30each purpose. The figures "2010" and "2011" used in this article mean that the addition
27.31to or subtraction from the appropriation listed under them is available for the fiscal year
27.32ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
28.1reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
28.2day following final enactment.
| 28.3 |
APPROPRIATIONS |
||||||
| 28.4 |
Available for the Year |
||||||
| 28.5 |
Ending June 30 |
||||||
| 28.6 |
2010 |
2011 |
|||||
| 28.7 28.8 |
Sec. 3. EMPLOYMENT AND ECONOMIC DEVELOPMENT |
||||||
| 28.9 |
Subdivision 1.Total Appropriation |
$ |
(285,000) |
$ |
(285,000) |
||
28.11purpose are shown in the following
28.12subdivisions.
| 28.13 28.14 |
Subd. 2.Business and Community Development |
(87,000) |
(87,000) |
||||
28.16from the appropriation for the Office of
28.17Science and Technology.
| 28.18 |
Subd. 3.Workforce Development |
(115,000) |
(115,000) |
||||
28.20from the appropriation for the Minnesota job
28.21skills partnership program under Minnesota
28.22Statutes, sections 116L.01 to 116L.17.
28.23$11,000 in 2010 and $11,000 in 2011 are from
28.24the appropriation for administrative expenses
28.25to programs that provide employment
28.26support services to persons with mental
28.27illness under Minnesota Statutes, sections
28.28268A.13 and 268A.14.
28.29$89,000 in 2010 and $89,000 in 2011 are
28.30from the appropriation for state services for
28.31the blind activities.
| 28.32 |
Subd. 4.State-Funded Administration |
(83,000) |
(83,000) |
||||
| 28.33 |
Sec. 4. HOUSING FINANCE AGENCY |
$ |
-0- |
$ |
(256,000) |
||
29.2the Housing Finance Agency for the housing
29.3rehabilitation program under Minnesota
29.4Statutes, section 462A.05, subdivision 14,
29.5for rental housing developments.
29.6On or before June 30, 2010, the Housing
29.7Finance Agency shall transfer $256,000
29.8from the housing rehabilitation program in
29.9the housing development fund to the general
29.10fund.
| 29.11 29.12 |
Sec. 5. DEPARTMENT OF LABOR AND INDUSTRY |
$ |
(20,000) |
$ |
(20,000) |
||
29.14fund appropriation for labor
29.15standards/apprenticeship.
| 29.16 29.17 |
Sec. 6. BUREAU OF MEDIATION SERVICES |
$ |
(16,000) |
$ |
(16,000) |
||
29.19appropriation for mediation services.
| 29.20 29.21 |
Sec. 7. MINNESOTA HISTORICAL SOCIETY |
||||||
| 29.22 |
Subdivision 1.Total Appropriation |
$ |
(168,000) |
$ |
(168,000) |
||
29.24purpose are shown in the following
29.25subdivisions.
| 29.26 |
Subd. 2.Education and Outreach |
(96,000) |
(96,000) |
||||
| 29.27 |
Subd. 3.Preservation and Access |
(72,000) |
(72,000) |
||||
| 29.30 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
29.32in this article.
| 30.1 |
2010 |
2011 |
Total |
||||
| 30.2 |
General |
$ |
(1,649,000) |
$ |
(1,649,000) |
$ |
(3,298,000) |
| 30.3 |
Sec. 2. APPROPRIATIONS. |
||||||
30.5in parentheses, subtracted from the appropriations in Laws 2009, chapter 36, article 1, to
30.6the agencies and for the purposes specified in this article. The appropriations are from the
30.7general fund, or another named fund, and are available for the fiscal years indicated for
30.8each purpose. The figures "2010" and "2011" used in this article mean that the addition to
30.9or subtraction from the appropriation listed under them are available for the fiscal year
30.10ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
30.11reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
30.12day following final enactment.
| 30.13 |
APPROPRIATIONS |
||||||
| 30.14 |
Available for the Year |
||||||
| 30.15 |
Ending June 30 |
||||||
| 30.16 |
2010 |
2011 |
|||||
| 30.17 |
Sec. 3. TRANSPORTATION |
||||||
| 30.18 |
Subdivision 1.Total Appropriation |
$ |
(24,000) |
$ |
(24,000) |
||
30.20purpose are shown in the following
30.21subdivisions.
| 30.22 |
Subd. 2.Multimodal Systems |
||||||
| 30.23 |
(a) Transit |
(9,000) |
(9,000) |
||||
30.25Administration appropriation.
30.26The base appropriation from the general fund
30.27for fiscal years 2012 and 2013 is $16,292,000
30.28each year.
| 30.29 |
(b) Freight |
(9,000) |
(9,000) |
||||
30.31appropriation.
| 30.32 |
(c) Electronic Communication |
(6,000) |
(6,000) |
||||
31.2appropriation.
| 31.3 |
Sec. 4. METROPOLITAN COUNCIL |
||||||
| 31.4 |
Subdivision 1.Total Appropriation |
$ |
(1,625,000) |
$ |
(1,625,000) |
||
31.6purpose are shown in the following
31.7subdivisions.
| 31.8 |
Subd. 2.Bus Transit |
(1,506,000) |
(1,506,000) |
||||
31.10system operations.
31.11The base appropriation for fiscal years 2012
31.12and 2013 is $59,796,000 each year.
| 31.13 |
Subd. 3.Rail Operations |
(119,000) |
(119,000) |
||||
31.15systems.
31.16The base appropriation for fiscal years 2012
31.17and 2013 is $5,174,000 each year.
| 31.20 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
31.22in this article.
| 31.23 |
2010 |
2011 |
Total |
||||
| 31.24 |
General |
$ |
(79,000) |
$ |
(79,000) |
$ |
(158,000) |
| 31.25 |
Sec. 2. APPROPRIATIONS. |
||||||
31.27in parentheses, subtracted from the appropriations in Laws 2009, chapter 83, article 1, to
31.28the agencies and for the purposes specified in this article. The appropriations are from the
31.29general fund, or another named fund, and are available for the fiscal years indicated for
31.30each purpose. The figures "2010" and "2011" used in this article mean that the addition
31.31to or subtraction from the appropriation listed under them is available for the fiscal year
32.1ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
32.2reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
32.3day following final enactment.
| 32.4 |
APPROPRIATIONS |
||||||
| 32.5 |
Available for the Year |
||||||
| 32.6 |
Ending June 30 |
||||||
| 32.7 |
2010 |
2011 |
|||||
| 32.8 |
Sec. 3. HUMAN RIGHTS |
$ |
(79,000) |
$ |
(79,000) |
||
| 32.11 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
32.13in this article.
| 32.14 |
2010 |
2011 |
Total |
||||
| 32.15 |
General |
$ |
(1,694,000) |
$ |
(1,820,000) |
$ |
(3,514,000) |
| 32.16 |
Sec. 2. APPROPRIATIONS. |
||||||
32.18in parentheses, subtracted from, the appropriations in Laws 2009, chapter 101, article 1, to
32.19the agencies and for the purposes specified in this article. The appropriations are from the
32.20general fund, or another named fund, and are available for the fiscal years indicated for
32.21each purpose. The figures "2010" and "2011" used in this article mean that the addition
32.22to or subtraction from the appropriation listed under them is available for the fiscal year
32.23ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
32.24reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
32.25day following final enactment.
| 32.26 |
APPROPRIATIONS |
||||||
| 32.27 |
Available for the Year |
||||||
| 32.28 |
Ending June 30 |
||||||
| 32.29 |
2010 |
2011 |
|||||
| 32.30 32.31 |
Sec. 3. GOVERNOR AND LIEUTENANT GOVERNOR |
$ |
(81,000) |
$ |
(81,000) |
||
32.33fiscal years 2010 and 2011 are from the
33.1appropriation for necessary expenses in the
33.2normal performance of the governor's and
33.3lieutenant governor's duties for which no
33.4other reimbursement is provided.
| 33.5 33.6 |
Sec. 4. OFFICE OF ENTERPRISE TECHNOLOGY |
$ |
(130,000) |
$ |
(130,000) |
||
33.8fiscal years 2010 and 2011 are from the
33.9appropriation for information technology
33.10security.
| 33.11 |
Sec. 5. ADMINISTRATION |
$ |
(100,000) |
$ |
(200,000) |
||
33.13and Citizen Services Program.
33.14$162,000 of the balance in the central stores
33.15fund is transferred to the general fund on
33.16or before June 30, 2010. This is a onetime
33.17transfer.
33.18The base appropriation from the general fund
33.19for the Government and Citizen Services
33.20Program for fiscal years 2012 and 2013 is
33.21$17,316,000 each year.
| 33.22 |
Sec. 6. MANAGEMENT AND BUDGET |
$ |
(459,000) |
$ |
(459,000) |
||
| 33.23 |
Sec. 7. REVENUE |
$ |
(924,000) |
$ |
(950,000) |
||
33.25management program.
| 33.28 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
33.30in this article.
| 34.1 |
2010 |
2011 |
Total |
||||
| 34.2 |
General |
$ |
(74,704,000) |
$ |
(75,150,000) |
$ |
(149,854,000) |
| 34.3 |
Sec. 2. APPROPRIATIONS. |
||||||
34.5in parentheses, subtracted from the appropriations in Laws 2009, chapter 79, article 13,
34.6as amended by Laws 2009, chapter 173, article 2, to the agencies and for the purposes
34.7specified in this article. The appropriations are from the general fund and are available
34.8for the fiscal years indicated for each purpose. The figures "2010" and "2011" used in
34.9this article mean that the addition to or subtraction from the appropriation listed under
34.10them is available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.
34.11Supplemental appropriations and reductions to appropriations for the fiscal year ending
34.12June 30, 2010, are effective the day following final enactment unless a different effective
34.13date is explicit. All reductions in this article are onetime, unless otherwise stated.
| 34.14 |
APPROPRIATIONS |
||||||
| 34.15 |
Available for the Year |
||||||
| 34.16 |
Ending June 30 |
||||||
| 34.17 |
2010 |
2011 |
|||||
| 34.18 34.19 |
Sec. 3. DEPARTMENT OF HUMAN SERVICES |
||||||
| 34.20 |
Subdivision 1.Total Appropriation |
$ |
(74,177,000) |
$ |
(74,625,000) |
||
34.22purpose are shown in the following
34.23subdivisions.
| 34.24 34.25 |
Subd. 2.Agency Management; Financial Operations |
(3,289,000) |
(3,282,000) |
||||
34.27reduction for fiscal year 2012 and thereafter.
| 34.28 34.29 |
Subd. 3.Children and Economic Assistance Grants |
||||||
| 34.30 |
(a) Child Support Enforcement Grants |
(3,400,000) |
-0- |
||||
| 34.31 |
(b) Children's Services Grants |
(600,000) |
-0- |
||||
34.33Notwithstanding Laws 2009, chapter 79,
34.34article 2, section 35, $600,000 of the fiscal
35.1year 2009 funds extended in fiscal year 2010
35.2cancel to the general fund.
| 35.3 |
(c) Children and Community Services Grants |
(16,900,000) |
(1,500,000) |
||||
| 35.4 |
(d) General Assistance Grants |
(5,267,000) |
(3,190,000) |
||||
| 35.5 |
(e) Minnesota Supplemental Aid Grants |
(733,000) |
-0- |
||||
| 35.6 |
(f) Group Residential Housing Grants |
(467,000) |
(706,000) |
||||
| 35.7 |
Subd. 4.Basic Health Care Grants |
||||||
| 35.8 35.9 |
(a) Medical Assistance Basic Health Care Grants - Families and Children |
(5,599,000) |
(29,163,000) |
||||
| 35.10 35.11 |
(b) Medical Assistance Basic Health Care Grants - Elderly and Disabled |
(2,331,000) |
(23,114,000) |
||||
35.13Payments from the Medicaid Management
35.14Information System that would otherwise
35.15have been made for inpatient hospital
35.16services for Minnesota health care program
35.17enrollees must be delayed as follows: for
35.18fiscal year 2011, June payments must be
35.19included in the first payments in fiscal
35.20year 2012. The provisions of Minnesota
35.21Statutes, section 16A.124, do not apply
35.22to these delayed payments. This payment
35.23delay includes, and is not in addition to, the
35.24payment delay for inpatient hospital services
35.25in Laws 2009, chapter 79, article 13, section
35.263, subdivision 6, paragraph (c).
35.27Nonhospital Fee-for-Service Payment
35.28Delay. Payments from the Medicaid
35.29Management Information System that would
35.30otherwise have been made for nonhospital
35.31acute care services for Minnesota health
35.32care program enrollees must be delayed as
35.33follows: for fiscal year 2011, June payments
35.34must be included in the first payments in
36.1fiscal year 2012. This payment delay must
36.2not include nursing facilities, intermediate
36.3care facilities for persons with developmental
36.4disabilities, home and community-based
36.5services, prepaid health plans, personal care
36.6provider organizations, and home health
36.7agencies. The provisions of Minnesota
36.8Statutes, section 16A.124, do not apply
36.9to these delayed payments. This payment
36.10delay includes, and is not in addition to, the
36.11payment delay for nonhospital acute care
36.12services in Laws 2009, chapter 79, article 13,
36.13section 3, subdivision 6, paragraph (c).
| 36.14 |
(c) General Assistance Medical Care Grants |
(15,879,000) |
-0- |
||||
| 36.15 36.16 |
Subd. 5.Health Care Management; Administration |
(180,000) |
(360,000) |
||||
36.18The general fund appropriation for the
36.19incentive program under Laws 2008, chapter
36.20358, article 5, section 3, subdivision 4,
36.21paragraph (b), is canceled. This paragraph is
36.22effective retroactively from January 1, 2010.
| 36.23 |
Subd. 6.Continuing Care Grants |
||||||
| 36.24 |
(a) Aging and Adult Services Grants |
(3,600,000) |
(900,000) |
||||
36.26Grants Reduction. Effective retroactively
36.27from July 1, 2009, funding for grants made
36.28under Minnesota Statutes, sections 256.9754
36.29and 256B.0917, subdivision 13, is reduced by
36.30$3,600,000 in fiscal year 2010 and $900,000
36.31in fiscal year 2011. Grants made during
36.32fiscal year 2010 under Minnesota Statutes,
36.33section 256.9754, shall not be used for new
36.34construction or building renovation.
| 37.1 37.2 |
(b) Medical Assistance Long-Term Care Facilities Grants |
(3,827,000) |
(2,520,000) |
||||
37.4Effective retroactively from July 1, 2009,
37.5to June 30, 2010, no new variable rates
37.6shall be authorized for intermediate care
37.7facilities for persons with developmental
37.8disabilities under Minnesota Statutes, section
37.9256B.5013, subdivision 1.
37.10ICF/MR Occupancy Rate Adjustment
37.11Suspension. Effective retroactively from
37.12July 1, 2009, to June 30, 2010, approval
37.13of new applications for occupancy rate
37.14adjustments for unoccupied short-term
37.15beds under Minnesota Statutes, section
37.16256B.5013, subdivision 7, is suspended.
| 37.17 37.18 |
(c) Medical Assistance Long-Term Care Waivers and Home Care Grants |
(2,318,000) |
(4,477,000) |
||||
37.20Factor. Effective retroactively from January
37.211, 2010, the January 1, 2010, one percent
37.22growth factor in the developmental disability
37.23waiver allocations under Minnesota Statutes,
37.24section 256B.092, subdivisions 4 and 5,
37.25that is attributable to changes in acuity, is
37.26suspended to June 30, 2011.
| 37.27 |
(d) Adult Mental Health Grants |
(5,000,000) |
-0- |
||||
| 37.28 |
(e) Chemical Dependency Entitlement Grants |
(3,622,000) |
(3,622,000) |
||||
| 37.29 37.30 |
(f) Chemical Dependency Nonentitlement Grants |
(393,000) |
(393,000) |
||||
| 37.31 |
Subd. 7.Continuing Care Management |
(350,000) |
-0- |
||||
37.33fund appropriation for the State-County
37.34Results Accountability and Service Delivery
38.1Reform under Minnesota Statutes, chapter
38.2402A, is canceled. This paragraph is
38.3effective retroactively from July 1, 2009.
| 38.4 38.5 |
Subd. 8.State-Operated Services; Adult Mental Health Services |
(422,000) |
(4,588,000) |
||||
| 38.6 |
Sec. 4. DEPARTMENT OF HEALTH |
||||||
| 38.7 |
Subdivision. 1.Total Appropriation |
$ |
(527,000) |
$ |
(525,000) |
||
38.9purpose are shown in the following
38.10subdivisions.
38.11The reductions in fiscal year 2011, other
38.12than in subdivision 3, are base reductions for
38.13fiscal year 2012 and thereafter.
| 38.14 38.15 |
Subd. 2.Community and Family Health Promotion |
(53,000) |
(355,000) |
||||
| 38.16 |
Subd. 3.Policy Quality and Compliance |
(118,000) |
(74,000) |
||||
38.18Of the general fund reduction $74,000
38.19in fiscal year 2011 is from the Office of
38.20Unlicensed Complementary and Alternative
38.21Health Care Practice. This is a onetime
38.22reduction.
| 38.23 |
Subd. 4.Health Protection |
(225,000) |
(74,000) |
||||
| 38.24 |
Subd. 5.Administrative Support Services |
(131,000) |
(22,000) |
||||
38.25 Sec. 5. Laws 2009, chapter 79, article 13, section 3, subdivision 8, as amended by
38.26Laws 2009, chapter 173, article 2, section 1, subdivision 8, is amended to read:
| 38.27 |
Subd. 8.Continuing Care Grants |
||||||
38.29appropriation for each purpose are as follows:
| 38.30 |
(a) Aging and Adult Services Grants |
13,499,000 |
15,805,000 |
||||
39.2increased by $5,751,000 in fiscal year 2012
39.3and $6,705,000 in fiscal year 2013.
39.4Information and Assistance
39.5Reimbursement. Federal administrative
39.6reimbursement obtained from information
39.7and assistance services provided by the
39.8Senior LinkAge or Disability Linkage lines
39.9to people who are identified as eligible for
39.10medical assistance shall be appropriated to
39.11the commissioner for this activity.
39.12Community Service Development Grant
39.13Reduction. Funding for community service
39.14development grants must be reduced by
39.15$260,000 for fiscal year 2010; $284,000 in
39.16fiscal year 2011; $43,000 in fiscal year 2012;
39.17and $43,000 in fiscal year 2013. Base level
39.18funding shall be restored in fiscal year 2014.
39.19Community Service Development Grant
39.20Community Initiative. Funding for
39.21community service development grants shall
39.22be used to offset the cost of aging support
39.23grants. Base level funding shall be restored
39.24in fiscal year 2014.
39.25Senior Nutrition Use of Federal Funds.
39.26For fiscal year 2010, general fund grants
39.27for home-delivered meals and congregate
39.28dining shall be reduced by $500,000. The
39.29commissioner must replace these general
39.30fund reductions with equal amounts from
39.31federal funding for senior nutrition from the
39.32American Recovery and Reinvestment Act
39.33of 2009.
| 39.34 |
(b) Alternative Care Grants |
50,234,000 |
48,576,000 |
||||
40.2decreased by $3,598,000 in fiscal year 2012
40.3and $3,470,000 in fiscal year 2013.
40.4Alternative Care Transfer. Any money
40.5allocated to the alternative care program that
40.6is not spent for the purposes indicated does
40.7not cancel but must be transferred to the
40.8medical assistance account.
| 40.9 40.10 |
(c) Medical Assistance Grants; Long-Term Care Facilities. |
367,444,000 |
419,749,000 |
||||
| 40.11 40.12 |
(d) Medical Assistance Long-Term Care Waivers and Home Care Grants |
853,567,000 |
1,039,517,000 |
||||
40.14Waivers. During the fiscal years beginning
40.15on July 1, 2009, and July 1, 2010, the
40.16commissioner shall allocate money for home
40.17and community-based waiver programs
40.18under Minnesota Statutes, section
40.19to ensure a reduction in state spending that is
40.20equivalent to limiting the caseload growth of
40.21the TBI waiver to 12.5 allocations per month
40.22each year of the biennium and the CADI
40.23waiver to 95 allocations per month each year
40.24of the biennium. Limits do not apply: (1)
40.25when there is an approved plan for nursing
40.26facility bed closures for individuals under
40.27age 65 who require relocation due to the
40.28bed closure; (2) to fiscal year 2009 waiver
40.29allocations delayed due to unallotment; or (3)
40.30to transfers authorized by the commissioner
40.31from the personal care assistance program
40.32of individuals having a home care rating
40.33of "CS," "MT," or "HL." Priorities for the
40.34allocation of funds must be for individuals
40.35anticipated to be discharged from institutional
41.1settings or who are at imminent risk of a
41.2placement in an institutional setting.
41.3Manage Growth in DD Waiver. The
41.4commissioner shall manage the growth in
41.5the DD waiver by limiting the allocations
41.6included in the February 2009 forecast to 15
41.7additional diversion allocations each month
41.8for the calendar years that begin on January
41.91, 2010, and January 1, 2011. Additional
41.10allocations must be made available for
41.11transfers authorized by the commissioner
41.12from the personal care program of individuals
41.13having a home care rating of "CS," "MT,"
41.14or "HL."
41.15Adjustment to Lead Agency Waiver
41.16Allocations. Prior to the availability of the
41.17alternative license defined in Minnesota
41.18Statutes, section
41.19the commissioner shall reduce lead agency
41.20waiver allocations for the purposes of
41.21implementing a moratorium on corporate
41.22foster care.
41.23Alternatives to Personal Care Assistance
41.24Services. Base level funding of $3,237,000
41.25in fiscal year 2012 and $4,856,000 in
41.26fiscal year 2013 is to implement alternative
41.27services to personal care assistance services
41.28for persons with mental health and other
41.29behavioral challenges who can benefit
41.30from other services that more appropriately
41.31meet their needs and assist them in living
41.32independently in the community. These
41.33services may include, but not be limited to, a
41.341915(i) state plan option.
| 41.35 |
(e) Mental Health Grants |
||||||
| 42.1 |
Appropriations by Fund |
||
| 42.2 |
General |
77,739,000 |
77,739,000 |
| 42.3 |
Health Care Access |
750,000 |
750,000 |
| 42.4 |
Lottery Prize |
1,508,000 |
1,508,000 |
42.6year's appropriation for adult mental health
42.7grants may be used to fund allocations in that
42.8portion of the fiscal year ending December
42.931.
| 42.10 |
(f) Deaf and Hard-of-Hearing Grants |
1,930,000 |
1,917,000 |
||||
| 42.11 |
(g) Chemical Dependency Entitlement Grants |
111,303,000 |
122,822,000 |
||||
42.13For services provided during fiscal years
42.142010 and 2011, county-negotiated rates and
42.15provider claims to the consolidated chemical
42.16dependency fund must not exceed rates
42.17charged for these services on January 1,
42.182009; and rates for fiscal years 2010 and
42.192011 must not exceed 160 percent of the
42.20average rate on January 1, 2009, for each
42.21group of vendors with similar attributes.
42.22For services provided in fiscal years 2012
42.23and 2013, statewide average rates under
42.24the new rate methodology to be developed
42.25under Minnesota Statutes, section
42.26must not exceed the average rates charged
42.27for these services on January 1, 2009, plus a
42.28state share increase of $3,787,000 for fiscal
42.29year 2012 and $5,023,000 for fiscal year
42.302013. Notwithstanding any provision to the
42.31contrary in this article, this provision expires
42.32on June 30, 2013.
42.33Chemical Dependency Special Revenue
42.34Account. For fiscal year 2010, $750,000
42.35must be transferred from the consolidated
43.1chemical dependency treatment fund
43.2administrative account and deposited into the
43.3general fund.
43.4County CD Share of MA Costs for
43.5ARRA Compliance. Notwithstanding the
43.6provisions of Minnesota Statutes, chapter
43.7254B, for chemical dependency services
43.8provided during the period October 1, 2008,
43.9to December 31, 2010, and reimbursed by
43.10medical assistance at the enhanced federal
43.11matching rate provided under the American
43.12Recovery and Reinvestment Act of 2009, the
43.13county share is 30 percent of the nonfederal
43.14share. This provision is effective the day
43.15following final enactment.
| 43.16 43.17 |
(h) Chemical Dependency Nonentitlement Grants |
1,729,000 |
1,729,000 |
||||
| 43.18 |
(i) Other Continuing Care Grants |
19,201,000 |
17,528,000 |
||||
43.20increased by $2,639,000 in fiscal year 2012
43.21and increased by $3,854,000 in fiscal year
43.222013.
43.23Technology Grants. $650,000 in fiscal
43.24year 2010 and $1,000,000 in fiscal year
43.252011 are for technology grants, case
43.26consultation, evaluation, and consumer
43.27information grants related to developing and
43.28supporting alternatives to shift-staff foster
43.29care residential service models.
43.30Other Continuing Care Grants; HIV
43.31Grants. Money appropriated for the HIV
43.32drug and insurance grant program in fiscal
43.33year 2010 may be used in either year of the
43.34biennium.
44.1Quality Assurance Commission. Effective
44.2July 1, 2009, state funding for the quality
44.3assurance commission under Minnesota
44.4Statutes, section
44.5 Sec. 6. Laws 2009, chapter 79, article 13, section 4, subdivision 4, as amended by
44.6Laws 2009, chapter 173, article 2, section 2, subdivision 4, is amended to read:
| 44.7 |
Subd. 4.Health Protection |
||||||
| 44.8 |
Appropriations by Fund |
||
| 44.9 |
General |
9,871,000 |
9,780,000 |
| 44.10 44.11 |
State Government Special Revenue |
30,209,000 |
30,209,000 |
44.13reduced by $50,000 in each of fiscal years
44.142012 and 2013.
44.15Health Protection Appropriations. (a)
44.16$163,000 each year is for the lead abatement
44.17grant program.
44.18(b) $100,000 each year is for emergency
44.19preparedness and response activities.
44.20(c) $50,000 each year is for tuberculosis
44.21prevention and control. This is a onetime
44.22appropriation.
44.23
44.24
44.25
44.26
44.27American Recovery and Reinvestment
44.28Act Funds. Federal funds received
44.29by the commissioner for immunization
44.30operations from the American Recovery
44.31and Reinvestment Act of 2009, Public Law
44.32111-5, are appropriated to the commissioner
44.33for the purposes of the grant.
45.1 Sec. 7. Minnesota Statutes 2009 Supplement, section 256B.056, subdivision 3c,
45.2is amended to read:
45.3 Subd. 3c. Asset limitations for families and children. A household of two or
45.4more persons must not own more than $20,000 in total net assets except that this asset
45.5limit shall be $6,000 for the period January 1, 2011, through June 30, 2011, plus $200
45.6for each additional legal dependent, and a household of one person must not own more
45.7than $10,000 in total net assets, except that this asset limit shall be $3,000 for the period
45.8January 1, 2011, through June 30, 2011. In addition to these maximum amounts, an
45.9eligible individual or family may accrue interest on these amounts, but they must be
45.10reduced to the maximum at the time of an eligibility redetermination. The value of assets
45.11that are not considered in determining eligibility for medical assistance for families and
45.12children is the value of those assets excluded under the AFDC state plan as of July 16,
45.131996, as required by the Personal Responsibility and Work Opportunity Reconciliation
45.14Act of 1996 (PRWORA), Public Law 104-193, with the following exceptions:
45.15(1) household goods and personal effects are not considered;
45.16(2) capital and operating assets of a trade or business up to $200,000 are not
45.17considered, except that a bank account that contains personal income or assets, or is used to
45.18pay personal expenses, is not considered a capital or operating asset of a trade or business;
45.19(3) one motor vehicle is excluded for each person of legal driving age who is
45.20employed or seeking employment;
45.21(4) assets designated as burial expenses are excluded to the same extent they are
45.22excluded by the Supplemental Security Income program;
45.23(5) court-ordered settlements up to $10,000 are not considered;
45.24(6) individual retirement accounts and funds are not considered; and
45.25(7) assets owned by children are not considered.
45.26The assets specified in clause (2) must be disclosed to the local agency at the time of
45.27application and at the time of an eligibility redetermination, and must be verified upon
45.28request of the local agency.
45.29EFFECTIVE DATE.This section is effective January 1, 2011.
45.30 Sec. 8. Minnesota Statutes 2009 Supplement, section 256B.0659, subdivision 11,
45.31is amended to read:
45.32 Subd. 11. Personal care assistant; requirements. (a) A personal care assistant
45.33must meet the following requirements:
46.1(1) be at least 18 years of age with the exception of persons who are 16 or 17 years
46.2of age with these additional requirements:
46.3(i) supervision by a qualified professional every 60 days; and
46.4(ii) employment by only one personal care assistance provider agency responsible
46.5for compliance with current labor laws;
46.6(2) be employed by a personal care assistance provider agency;
46.7(3) enroll with the department as a personal care assistant after clearing a background
46.8study. Before a personal care assistant provides services, the personal care assistance
46.9provider agency must initiate a background study on the personal care assistant under
46.10chapter 245C, and the personal care assistance provider agency must have received a
46.11notice from the commissioner that the personal care assistant is:
46.12(i) not disqualified under section
46.13(ii) is disqualified, but the personal care assistant has received a set aside of the
46.14disqualification under section
46.15(4) be able to effectively communicate with the recipient and personal care
46.16assistance provider agency;
46.17(5) be able to provide covered personal care assistance services according to the
46.18recipient's personal care assistance care plan, respond appropriately to recipient needs,
46.19and report changes in the recipient's condition to the supervising qualified professional
46.20or physician;
46.21(6) not be a consumer of personal care assistance services;
46.22(7) maintain daily written records including, but not limited to, time sheets under
46.23subdivision 12;
46.24(8) effective January 1, 2010, complete standardized training as determined by the
46.25commissioner before completing enrollment. Personal care assistant training must include
46.26successful completion of the following training components: basic first aid, vulnerable
46.27adult, child maltreatment, OSHA universal precautions, basic roles and responsibilities of
46.28personal care assistants including information about assistance with lifting and transfers
46.29for recipients, emergency preparedness, orientation to positive behavioral practices, fraud
46.30issues, and completion of time sheets. Upon completion of the training components,
46.31the personal care assistant must demonstrate the competency to provide assistance to
46.32recipients;
46.33(9) complete training and orientation on the needs of the recipient within the first
46.34seven days after the services begin; and
46.35(10) be limited to providing and being paid for up to 310 hours per month, except
46.36that this limit shall be 275 hours per month for the period July 1, 2009, through June 30,
47.12010, of personal care assistance services regardless of the number of recipients being
47.2served or the number of personal care assistance provider agencies enrolled with.
47.3(b) A legal guardian may be a personal care assistant if the guardian is not being paid
47.4for the guardian services and meets the criteria for personal care assistants in paragraph (a).
47.5(c) Effective January 1, 2010, persons who do not qualify as a personal care assistant
47.6include parents and stepparents of minors, spouses, paid legal guardians, family foster
47.7care providers, except as otherwise allowed in section
47.8staff of a residential setting.
47.9EFFECTIVE DATE.This section is effective retroactively from July 1, 2009.
47.10 Sec. 9. Minnesota Statutes 2009 Supplement, section 256B.441, subdivision 55,
47.11is amended to read:
47.12 Subd. 55. Phase-in of rebased operating payment rates. (a) For the rate years
47.13beginning October 1, 2008, to October 1, 2015, the operating payment rate calculated
47.14under this section shall be phased in by blending the operating rate with the operating
47.15payment rate determined under section
47.16rate to be used that is determined under section
47.17the operating payment rate related to performance-based incentive payments under section
47.19operating payment rate for each facility shall be 13 percent of the operating payment rate
47.20from this section, and 87 percent of the operating payment rate from section
47.21
47.22
47.23
47.24October 1, 2010; October 1, 2011; and October 1, 2012, no rate adjustments shall be
47.25implemented under this section, but shall be determined under section
47.26rate year beginning October 1, 2013, the operating payment rate for each facility shall be
47.2765 percent of the operating payment rate from this section, and 35 percent of the operating
47.28payment rate from section
47.29operating payment rate for each facility shall be 82 percent of the operating payment rate
47.30from this section, and 18 percent of the operating payment rate from section
47.31the rate year beginning October 1, 2015, the operating payment rate for each facility shall
47.32be the operating payment rate determined under this section. The blending of operating
47.33payment rates under this section shall be performed separately for each RUG's class.
48.1 (b) For the rate year beginning October 1, 2008, the commissioner shall apply limits
48.2to the operating payment rate increases under paragraph (a) by creating a minimum
48.3percentage increase and a maximum percentage increase.
48.4 (1) Each nursing facility that receives a blended October 1, 2008, operating payment
48.5rate increase under paragraph (a) of less than one percent, when compared to its operating
48.6payment rate on September 30, 2008, computed using rates with RUG's weight of
48.7shall receive a rate adjustment of one percent.
48.8 (2) The commissioner shall determine a maximum percentage increase that will
48.9result in savings equal to the cost of allowing the minimum increase in clause (1). Nursing
48.10facilities with a blended October 1, 2008, operating payment rate increase under paragraph
48.11(a) greater than the maximum percentage increase determined by the commissioner, when
48.12compared to its operating payment rate on September 30, 2008, computed using rates with
48.13a RUG's weight of
48.14 (3) Nursing facilities with a blended October 1, 2008, operating payment rate
48.15increase under paragraph (a) greater than one percent and less than the maximum
48.16percentage increase determined by the commissioner, when compared to its operating
48.17payment rate on September 30, 2008, computed using rates with a RUG's weight of
48.18shall receive the blended October 1, 2008, operating payment rate increase determined
48.19under paragraph (a).
48.20 (4) The October 1, 2009, through October 1, 2015, operating payment rate for
48.21facilities receiving the maximum percentage increase determined in clause (2) shall be
48.22the amount determined under paragraph (a) less the difference between the amount
48.23determined under paragraph (a) for October 1, 2008, and the amount allowed under clause
48.24(2). This rate restriction does not apply to rate increases provided in any other section.
48.25 (c) A portion of the funds received under this subdivision that are in excess of
48.26operating payment rates that a facility would have received under section
48.27determined in accordance with clauses (1) to (3), shall be subject to the requirements in
48.28section
48.29 (1) Determine the amount of additional funding available to a facility, which shall be
48.30equal to total medical assistance resident days from the most recent reporting year times
48.31the difference between the blended rate determined in paragraph (a) for the rate year being
48.32computed and the blended rate for the prior year.
48.33 (2) Determine the portion of all operating costs, for the most recent reporting year,
48.34that are compensation related. If this value exceeds 75 percent, use 75 percent.
48.35 (3) Subtract the amount determined in clause (2) from 75 percent.
49.1 (4) The portion of the fund received under this subdivision that shall be subject to
49.2the requirements in section
49.3the amount determined in clause (1) times the amount determined in clause (3).
49.4EFFECTIVE DATE.This section is effective retroactively from October 1, 2009.
49.5 Sec. 10. Minnesota Statutes 2009 Supplement, section 256B.69, subdivision 5a,
49.6is amended to read:
49.7 Subd. 5a. Managed care contracts. (a) Managed care contracts under this section
49.8and sections
49.9basis beginning January 1, 1996. Managed care contracts which were in effect on June
49.1030, 1995, and set to renew on July 1, 1995, shall be renewed for the period July 1, 1995
49.11through December 31, 1995 at the same terms that were in effect on June 30, 1995. The
49.12commissioner may issue separate contracts with requirements specific to services to
49.13medical assistance recipients age 65 and older.
49.14 (b) A prepaid health plan providing covered health services for eligible persons
49.15pursuant to chapters 256B, 256D, and 256L, is responsible for complying with the terms
49.16of its contract with the commissioner. Requirements applicable to managed care programs
49.17under chapters 256B, 256D, and 256L, established after the effective date of a contract
49.18with the commissioner take effect when the contract is next issued or renewed.
49.19 (c) Effective for services rendered on or after January 1, 2003, the commissioner
49.20shall withhold five percent of managed care plan payments under this section and
49.21county-based purchasing plan's payment rate under section
49.22medical assistance and general assistance medical care programs pending completion of
49.23performance targets. Each performance target must be quantifiable, objective, measurable,
49.24and reasonably attainable, except in the case of a performance target based on a federal
49.25or state law or rule. Criteria for assessment of each performance target must be outlined
49.26in writing prior to the contract effective date. The managed care plan must demonstrate,
49.27to the commissioner's satisfaction, that the data submitted regarding attainment of
49.28the performance target is accurate. The commissioner shall periodically change the
49.29administrative measures used as performance targets in order to improve plan performance
49.30across a broader range of administrative services. The performance targets must include
49.31measurement of plan efforts to contain spending on health care services and administrative
49.32activities. The commissioner may adopt plan-specific performance targets that take into
49.33account factors affecting only one plan, including characteristics of the plan's enrollee
49.34population. The withheld funds must be returned no sooner than July of the following
50.1year if performance targets in the contract are achieved. The commissioner may exclude
50.2special demonstration projects under subdivision 23.
50.3 (d) Effective for services rendered on or after January 1, 2009, through December 31,
50.42009, the commissioner shall withhold three percent of managed care plan payments under
50.5this section and county-based purchasing plan payments under section
50.6prepaid medical assistance and general assistance medical care programs. The withheld
50.7funds must be returned no sooner than July 1 and no later than July 31 of the following
50.8year. The commissioner may exclude special demonstration projects under subdivision 23.
50.9 The return of the withhold under this paragraph is not subject to the requirements of
50.10paragraph (c).
50.11(e) Effective for services provided on or after January 1, 2010, the commissioner
50.12shall require that managed care plans use the assessment and authorization processes,
50.13forms, timelines, standards, documentation, and data reporting requirements, protocols,
50.14billing processes, and policies consistent with medical assistance fee-for-service or the
50.15Department of Human Services contract requirements consistent with medical assistance
50.16fee-for-service or the Department of Human Services contract requirements for all
50.17personal care assistance services under section
50.18(f) Effective for services rendered on or after January 1, 2010, through December
50.1931, 2010, the commissioner shall withhold
50.20under this section and county-based purchasing plan payments under section
50.22sooner than July 1 and no later than July 31 of the following year. The commissioner may
50.23exclude special demonstration projects under subdivision 23.
50.24(g) Effective for services rendered on or after January 1, 2011, through December 31,
50.252011, the commissioner shall withhold
50.26under this section and county-based purchasing plan payments under section
50.27for the prepaid medical assistance program. The withheld funds must be returned no
50.28sooner than July 1 and no later than July 31 of the following year. The commissioner
50.29may exclude special demonstration projects under subdivision 23. If an extension of the
50.30enhanced federal medical assistance percentage (FMAP) under Public Law 111-5, section
50.315001, is enacted before June 15, 2010, the withhold percentage stated in this paragraph
50.32shall be 4.0 percent.
50.33(h) Effective for services rendered on or after January 1, 2012, through December
50.3431, 2012, the commissioner shall withhold 4.5 percent of managed care plan payments
50.35under this section and county-based purchasing plan payments under section
51.1sooner than July 1 and no later than July 31 of the following year. The commissioner may
51.2exclude special demonstration projects under subdivision 23.
51.3(i) Effective for services rendered on or after January 1, 2013, through December 31,
51.42013, the commissioner shall withhold 4.5 percent of managed care plan payments under
51.5this section and county-based purchasing plan payments under section
51.6prepaid medical assistance program. The withheld funds must be returned no sooner than
51.7July 1 and no later than July 31 of the following year. The commissioner may exclude
51.8special demonstration projects under subdivision 23.
51.9(j) Effective for services rendered on or after January 1, 2014, the commissioner
51.10shall withhold three percent of managed care plan payments under this section and
51.11county-based purchasing plan payments under section
51.12assistance and prepaid general assistance medical care programs. The withheld funds must
51.13be returned no sooner than July 1 and no later than July 31 of the following year. The
51.14commissioner may exclude special demonstration projects under subdivision 23.
51.15(k) A managed care plan or a county-based purchasing plan under section
51.17section that is reasonably expected to be returned.
51.18(l) Contracts between the commissioner and a prepaid health plan are exempt from
51.19the set-aside and preference provisions of section
51.20(a), and 7.
51.21EFFECTIVE DATE.The additional withhold percentage in paragraph (f) is
51.22effective retroactively from January 1, 2010.
51.23 Sec. 11. Minnesota Statutes 2009 Supplement, section 256B.76, subdivision 1, is
51.24amended to read:
51.25 Subdivision 1. Physician reimbursement. (a) Effective for services rendered on
51.26or after October 1, 1992, the commissioner shall make payments for physician services
51.27as follows:
51.28 (1) payment for level one Centers for Medicare and Medicaid Services' common
51.29procedural coding system codes titled "office and other outpatient services," "preventive
51.30medicine new and established patient," "delivery, antepartum, and postpartum care,"
51.31"critical care," cesarean delivery and pharmacologic management provided to psychiatric
51.32patients, and level three codes for enhanced services for prenatal high risk, shall be paid
51.33at the lower of (i) submitted charges, or (ii) 25 percent above the rate in effect on June
51.3430, 1992. If the rate on any procedure code within these categories is different than the
52.1rate that would have been paid under the methodology in section
52.2then the larger rate shall be paid;
52.3 (2) payments for all other services shall be paid at the lower of (i) submitted charges,
52.4or (ii) 15.4 percent above the rate in effect on June 30, 1992; and
52.5 (3) all physician rates shall be converted from the 50th percentile of 1982 to the 50th
52.6percentile of 1989, less the percent in aggregate necessary to equal the above increases
52.7except that payment rates for home health agency services shall be the rates in effect
52.8on September 30, 1992.
52.9 (b) Effective for services rendered on or after January 1, 2000, payment rates for
52.10physician and professional services shall be increased by three percent over the rates
52.11in effect on December 31, 1999, except for home health agency and family planning
52.12agency services. The increases in this paragraph shall be implemented January 1, 2000,
52.13for managed care.
52.14(c) Effective for services rendered on or after July 1, 2009, payment rates for
52.15physician and professional services shall be reduced by five percent, except that for the
52.16period July 1, 2009, through June 30, 2011, payments rates shall be reduced by 6.5 percent
52.17for the medical assistance and general assistance medical care programs, over the rates
52.18in effect on June 30, 2009. The additional 1.5 percent reduction in effect for the period
52.19from July 1, 2010, through June 30, 2011, does not apply to physician services billed by a
52.20psychiatrist or an advanced practice registered nurse with a specialty in mental health.
52.21This reduction does not apply to office or other outpatient visits, preventive medicine visits
52.22and family planning visits billed by physicians, advanced practice nurses, or physician
52.23assistants in a family planning agency or in one of the following primary care practices:
52.24general practice, general internal medicine, general pediatrics, general geriatrics, and
52.25family medicine. This reduction does not apply to federally qualified health centers,
52.26rural health centers, and Indian health services. Effective October 1, 2009, payments
52.27made to managed care plans and county-based purchasing plans under sections
52.29EFFECTIVE DATE.The additional rate reductions in this section are effective
52.30retroactively from July 1, 2009.
52.31 Sec. 12. Minnesota Statutes 2008, section 256B.76, subdivision 4, is amended to read:
52.32 Subd. 4. Critical access dental providers. (a) Effective for dental services rendered
52.33on or after January 1, 2002, the commissioner shall increase reimbursements to dentists
52.34and dental clinics deemed by the commissioner to be critical access dental providers.
52.35For dental services rendered on or after July 1, 2007, the commissioner shall increase
53.1reimbursement by 30 percent above the reimbursement rate that would otherwise be paid to
53.2the critical access dental provider. The commissioner shall pay the health plan companies
53.3in amounts sufficient to reflect increased reimbursements to critical access dental providers
53.4as approved by the commissioner. In determining which dentists and dental clinics shall
53.5be deemed critical access dental providers, the commissioner shall review:
53.6 (1) the utilization rate in the service area in which the dentist or dental clinic operates
53.7for dental services to patients covered by medical assistance, general assistance medical
53.8care, or MinnesotaCare as their primary source of coverage;
53.9 (2) the level of services provided by the dentist or dental clinic to patients covered
53.10by medical assistance, general assistance medical care, or MinnesotaCare as their primary
53.11source of coverage; and
53.12 (3) whether the level of services provided by the dentist or dental clinic is critical to
53.13maintaining adequate levels of patient access within the service area.
53.14In the absence of a critical access dental provider in a service area, the commissioner may
53.15designate a dentist or dental clinic as a critical access dental provider if the dentist or
53.16dental clinic is willing to provide care to patients covered by medical assistance, general
53.17assistance medical care, or MinnesotaCare at a level which significantly increases access
53.18to dental care in the service area.
53.19(b) Notwithstanding paragraph (a), critical access payments must not be made for
53.20dental services provided from April 1, 2010, through June 30, 2010.
53.21EFFECTIVE DATE.This section is effective retroactively from April 1, 2010.
53.22 Sec. 13. Minnesota Statutes 2009 Supplement, section 256B.766, is amended to read:
53.23256B.766 REIMBURSEMENT FOR BASIC CARE SERVICES.
53.24(a) Effective for services provided on or after July 1, 2009, total payments for basic
53.25care services, shall be reduced by three percent, except that for the period July 1, 2009,
53.26through June 30, 2011, total payments shall be reduced by 4.5 percent for the medical
53.27assistance and general assistance medical care programs, prior to third-party liability
53.28and spenddown calculation. Payments made to managed care plans and county-based
53.29purchasing plans shall be reduced for services provided on or after October 1, 2009,
53.30to reflect this reduction.
53.31(b) This section does not apply to physician and professional services, inpatient
53.32hospital services, family planning services, mental health services, dental services,
53.33prescription drugs, medical transportation, federally qualified health centers, rural health
53.34centers, Indian health services, and Medicare cost-sharing.
54.1EFFECTIVE DATE.The additional rate reductions in this section are effective
54.2retroactively from July 1, 2009.
54.3 Sec. 14. REDUCTION OF GROUP RESIDENTIAL HOUSING
54.4SUPPLEMENTAL SERVICE RATE.
54.5Effective retroactively from November 1, 2009, through June 30, 2011, the
54.6commissioner of human services shall decrease the group residential housing (GRH)
54.7supplementary service rate under Minnesota Statutes, section 256I.05, subdivision 1a, by
54.8five percent for services rendered on or after that date, except that reimbursement rates
54.9for a GRH facility reimbursed as a nursing facility shall not be reduced. The reduction
54.10in this paragraph is in addition to the reduction under Laws 2009, chapter 79, article
54.118, section 79, paragraph (b), clause (11).
54.12EFFECTIVE DATE.This section is effective retroactively from November 1, 2009.
54.13 Sec. 15. ARTICLE EFFECTIVE DATE.
54.14This article is effective the day following final enactment. If an extension of the
54.15enhanced federal medical assistance percentage (FMAP) under Public Law 111-5, section
54.165001, to at least June 30, 2011, is enacted by June 15, 2010, and notwithstanding the
54.17immediate or retroactive effective dates for various sections of this article, reductions in
54.18this article effective on or after July 1, 2010, except for reductions to appropriations for
54.19state agency administrative costs in section 3, subdivision 2, and section 4, shall not
54.20take effect.
54.23 Section 1. Minnesota Statutes 2008, section 273.1384, subdivision 6, as added by Laws
54.242010, chapter 215, article 13, section 2, is amended to read:
54.25 Subd. 6. Credit reduction. In 2011 and each year thereafter, the market value
54.26credit reimbursement amount for each taxing jurisdiction determined under this section
54.27is reduced by the dollar amount of the reduction in market value credit reimbursements
54.28for that taxing jurisdiction in 2010 due to
54.29
54.30jurisdiction's market value credit reimbursements are reduced to less than zero under
54.31this subdivision. The commissioner of revenue shall pay the annual market value credit
55.1reimbursement amounts, after reduction under this subdivision, to the affected taxing
55.2jurisdictions as provided in this section.
55.3EFFECTIVE DATE.This section is effective for taxes payable in 2011 and
55.4thereafter.
55.5 Sec. 2. [477A.0133] 2009 AND 2010 AID REDUCTIONS.
55.6 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
55.7have the meanings given them in this subdivision.
55.8(b) The "2009 revenue base" for a statutory or home rule charter city is the sum of
55.9the city's certified property tax levy for taxes payable in 2009, plus the amount of local
55.10government aid under section 477A.013, subdivision 9, that the city was certified to
55.11receive in 2009, plus the amount of taconite aids under sections 298.28 and 298.282 that
55.12the city was certified to receive in 2009, including any amounts required to be placed in a
55.13special fund for distribution in a later year.
55.14(c) The "2009 revenue base" for a county is the sum of the county's certified property
55.15tax levy for taxes payable in 2009, plus the amount of county program aid under section
55.16477A.0124 that the county was certified to receive in 2009, plus the amount of taconite
55.17aids under sections 298.28 and 298.282 that the county was certified to receive in 2009,
55.18including any amounts required to be placed in a special fund for distribution in a later year.
55.19(d) The "2009 revenue base" for a town is the sum of the town's certified property
55.20tax levy for taxes payable in 2009, plus the amount of aid under section 477A.013 that
55.21the town was certified to receive in 2009, plus the amount of taconite aids under sections
55.22298.28 and 298.282 that the town was certified to receive in 2009, including any amounts
55.23required to be placed in a special fund for distribution in a later year.
55.24(e) "Population" means the population of the county, city, or town for 2007 based on
55.25information available to the commissioner of revenue in July 2009.
55.26(f) "Adjusted net tax capacity" means the amount of net tax capacity for the county,
55.27city, or town, computed using equalized market values according to section 477A.011,
55.28subdivision 20, for aid payable in 2009.
55.29(g) "Adjusted net tax capacity per capita" means the jurisdiction's adjusted net tax
55.30capacity divided by its population.
55.31 Subd. 2. 2009 aid reductions. (a) The commissioner of revenue must compute a
55.322009 aid reduction amount for each county.
55.33The aid reduction amount is zero for a county with a population of less than 5,000,
55.34and is zero for a county containing the Shooting Star Casino property that was removed
55.35from the tax rolls in 2009.
56.1For all other counties, the aid reduction amount is equal to 1.188968672 percent of
56.2the county's 2009 revenue base.
56.3The reduction amount is limited to the sum of the amount of county program aid
56.4under section 477A.0124 that the county was certified to receive in 2009, plus the amount
56.5of market value credit reimbursements under section 273.1384 payable to the county in
56.62009 before the reductions in this section.
56.7The reduction amount is applied first to reduce the amount payable to the county
56.8in 2009 as county program aid under section 477A.013 and then, if necessary, to reduce
56.9the amount payable to the county in 2009 as market value credit reimbursements under
56.10section 273.1384.
56.11No county's aid or reimbursements are reduced to less than zero under this section.
56.12(b) The commissioner of revenue must compute a 2009 aid reduction amount for
56.13each city.
56.14The aid reduction amount is zero for any city with a population of less than 1,000 that
56.15has an adjusted net tax capacity per capita amount less than the statewide average adjusted
56.16net tax capacity amount per capita for all cities. The aid reduction amount is also zero for
56.17a city located outside the seven-county metropolitan area, with a 2006 population greater
56.18than 3,500, a pre-1940 housing percentage greater than 29 percent, a commercial-industrial
56.19percentage less than nine percent, and a population decline percentage of zero based on the
56.20data used to certify the 2009 local government aid distribution under section 477A.013.
56.21For all other cities, the aid reduction amount is equal to 3.3127634 percent of the
56.22city's 2009 revenue base.
56.23The reduction amount is limited to the sum of the amount of local government aid
56.24under section 477A.013, subdivision 9, that the city was certified to receive in 2009, plus
56.25the amount of market value credit reimbursements under section 273.1384 payable to the
56.26city in 2009 before the reductions in this section.
56.27The reduction amount for a city is further limited to $22 per capita.
56.28The reduction amount is applied first to reduce the amount payable to the city in
56.292009 as local government aid under section 477A.013 and then, if necessary, to reduce
56.30the amount payable to the city in 2009 as market value credit reimbursements under
56.31section 273.1384.
56.32No city's aid or reimbursements are reduced to less than zero under this section.
56.33(c) The commissioner of revenue must compute a 2009 aid reduction amount for
56.34each town.
57.1The aid reduction amount is zero for any town with a population of less than 1,000
57.2that has an adjusted net tax capacity per capita amount less than the statewide average
57.3adjusted net tax capacity amount per capita for all towns.
57.4For all other towns, the aid reduction amount is equal to 1.735103 percent of the
57.5town's 2009 revenue base.
57.6The reduction amount is limited to $5 per capita.
57.7The reduction amount is applied to reduce the amount payable to the town in 2009
57.8as market value credit reimbursements under section 273.1384.
57.9No town's reimbursements are reduced to less than zero under this section.
57.10 Subd. 3. 2010 aid reductions. (a) The commissioner of revenue must compute a
57.112010 aid reduction amount for each county.
57.12The aid reduction amount is zero for a county with a population of less than 5,000,
57.13and is zero for a county containing the Shooting Star Casino property that was removed
57.14from the tax rolls in 2009.
57.15For all other counties, the aid reduction amount is equal to 2.41396687 percent of
57.16the county's 2009 revenue base.
57.17The reduction amount is limited to the sum of the amount of county program aid
57.18under section 477A.0124 that the county was certified to receive in 2009, plus the amount
57.19of market value credit reimbursements under section 273.1384 payable to the county in
57.202009 before the reductions in this section.
57.21The reduction amount is applied first to reduce the amount payable to the county
57.22in 2010 as county program aid under section 477A.013 and then, if necessary, to reduce
57.23the amount payable to the county in 2010 as market value credit reimbursements under
57.24section 273.1384.
57.25No county's aid or reimbursements are reduced to less than zero under this section.
57.26(b) The commissioner of revenue must compute a 2010 aid reduction amount for
57.27each city.
57.28The aid reduction amount is zero for any city with a population of less than 1,000
57.29that has an adjusted net tax capacity per capita amount less than the statewide average
57.30adjusted net tax capacity amount per capita for all cities.
57.31For all other cities, the aid reduction amount is equal to 7.643803025 percent of the
57.32city's 2009 revenue base.
57.33The reduction amount is limited to the sum of the amount of local government aid
57.34under section 477A.013, subdivision 9, that the city was certified to receive in 2010, plus
57.35the amount of market value credit reimbursements under section 273.1384 payable to the
57.36city in 2010 before the reductions in this section.
58.1The reduction amount for a city is further limited to $55 per capita.
58.2The reduction amount is applied first to reduce the amount payable to the city in
58.32010 as local government aid under section 477A.013 and then, if necessary, to reduce
58.4the amount payable to the city in 2010 as market value credit reimbursements under
58.5section 273.1384.
58.6No city's aid or reimbursements are reduced to less than zero under this section.
58.7(c) The commissioner of revenue must compute a 2010 aid reduction amount for
58.8each town.
58.9The aid reduction amount is zero for any town with a population of less than 1,000
58.10that has an adjusted net tax capacity per capita amount less than the statewide average
58.11adjusted net tax capacity amount per capita for all towns.
58.12For all other towns, the aid reduction amount is equal to 3.660798 percent of the
58.13town's 2009 revenue base.
58.14The reduction amount is limited to $10 per capita.
58.15The reduction amount is applied to reduce the amount payable to the town in 2010
58.16as market value credit reimbursements under section 273.1384.
58.17No town's reimbursements are reduced to less than zero under this section.
58.18EFFECTIVE DATE.This section is effective the day following final enactment
58.19and is retroactive for aids and credit reimbursements payable in 2009.
58.20 Sec. 3. Laws 2010, chapter 215, article 13, section 6, is amended to read:
58.21 Sec. 6. 477A.0133 ADDITIONAL 2010 AID AND CREDIT REDUCTIONS.
58.22 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
58.23have the meanings given them in this subdivision.
58.24(b) The "2010 revenue base" for a county is the sum of the county's certified property
58.25tax levy for taxes payable in 2010, plus the amount of county program aid under section
58.27aids under sections
58.28including any amounts required to be placed in a special fund for distribution in a later year.
58.29(c) The "2010 revenue base" for a statutory or home rule charter city is the sum of
58.30the city's certified property tax levy for taxes payable in 2010, plus the amount of local
58.31government aid under section
58.32receive in 2010, plus the amount of taconite aids under sections
58.33the city was certified to receive in 2010 including any amounts required to be placed in a
58.34special fund for distribution in a later year.
59.1 Subd. 2. 2010 reductions; counties and cities. The commissioner of revenue
59.2must compute additional 2010 aid and credit reimbursement reduction amounts for each
59.3county and city under this section, after implementing any reduction of county program
59.4aid under section
59.5value credit reimbursements under section
59.6
59.7The additional reduction amounts under this section are limited to the sum of the
59.8amount of county program aid under section
59.9section
59.10payable to the county or city in 2010 before the reductions in this section, but after the
59.11reductions
59.12The reduction amount under this section is applied first to reduce the amount
59.13payable to the county or city in 2010 as market value credit reimbursements under section
59.15aid under section
59.17No aid or reimbursement amount is reduced to less than zero under this section.
59.18The additional 2010 aid reduction amount for a county is equal to 1.82767 percent
59.19of the county's 2010 revenue base. The additional 2010 aid reduction amount for a city
59.20is equal to the lesser of (1) 3.4287 percent of the city's 2010 revenue base or (2) $28
59.21multiplied by the city's 2008 population.
59.22EFFECTIVE DATE.This section is effective the day following final enactment.
59.23 Sec. 4. REFUNDS AND CREDITS.
59.24 Subdivision 1. Political contribution credit. Notwithstanding the provisions of
59.25Minnesota Statutes, section 290.06, subdivision 23, or any other law to the contrary, the
59.26political contribution refund does not apply to contributions made after June 30, 2009,
59.27and before July 1, 2011.
59.28 Subd. 2. Property tax refund. For property tax refunds based on rent paid during
59.29calendar year 2009 only, but also applying to refunds based on property taxes payable in
59.302010 that include gross rent paid in 2009, the following rules apply:
59.31(1) "rent constituting property taxes" must be calculated by substituting "15 percent"
59.32for "19 percent" under Minnesota Statutes, section 290A.03, subdivision 11; and
59.33(2) "property taxes payable" must be calculated under Minnesota Statutes, section
59.34290A.03, subdivision 13, by substituting "15 percent" for "19 percent" in determining the
59.35portion of gross rent paid that is included in property taxes payable.
60.1 Subd. 3. Sustainable forest incentive program. The maximum sustainable forest
60.2incentive program payments under Minnesota Statutes, section 290C.07, per each Social
60.3Security number or state or federal business tax identification number must not exceed
60.4$100,000. The provisions of this subdivision apply only to payments made during fiscal
60.5year 2011.
60.6EFFECTIVE DATE.This section is effective the day following final enactment.
60.7 Sec. 5. LEVY VALIDATION.
60.8Any special levy under Minnesota Statutes, section 275.70, subdivision 5, clause
60.9(22), approved by the commissioner of revenue for taxes payable in 2010, is validated
60.10notwithstanding a later judicial decision that may affect the validity of unallotments that
60.11were announced in 2009. A local government may not levy under Minnesota Statutes,
60.12section 275.70, subdivision 5, clause (22), for taxes payable in 2011 for any retroactive
60.13reduction in aid and credit reimbursements for aids and credits payable in 2008 or 2009.
60.14EFFECTIVE DATE.This section is effective the day following final enactment.
60.17 Section 1. Minnesota Statutes 2008, section 3.9741, subdivision 2, is amended to read:
60.18 Subd. 2. Postsecondary Education Board. The legislative auditor may enter into
60.19an interagency agreement with the Board of Trustees of the Minnesota State Colleges and
60.20Universities to conduct financial audits, in addition to audits conducted under section
60.22
60.23the legislative auditor to pay audit expenses.
60.24 Sec. 2. Minnesota Statutes 2008, section 8.15, subdivision 3, is amended to read:
60.25 Subd. 3. Agreements. (a) To facilitate the delivery of legal services, the attorney
60.26general may:
60.27(1) enter into agreements with executive branch agencies, political subdivisions, or
60.28quasi-state agencies to provide legal services for the benefit of the citizens of Minnesota;
60.29and
60.30(2) in addition to funds otherwise appropriated by the legislature, accept and spend
60.31funds received under any agreement authorized in clause (1) for the purpose set forth in
61.1clause (1), subject to a report of receipts to the chairs of the senate Finance Committee and
61.2the house of representatives Ways and Means Committee by October 15 each year.
61.3(b) When entering into an agreement for legal services, the attorney general must
61.4notify the committees responsible for funding the Office of the Attorney General. When
61.5the attorney general enters into an agreement with a state agency, the attorney general
61.6must also notify the committees responsible for funding that agency.
61.7Funds received under this subdivision must be deposited in
61.8the special revenue fund and are appropriated to the attorney general for the purposes set
61.9forth in this subdivision.
61.10 Sec. 3. Minnesota Statutes 2008, section 13.03, subdivision 10, is amended to read:
61.11 Subd. 10. Costs for providing copies of data. Money may be collected by a
61.12responsible authority in a state agency for the actual cost to the agency of providing
61.13copies or electronic transmittal of government data
61.14
61.15purposes of this section is of a magnitude sufficient to warrant a separate account in the
61.16state treasury, that money must be deposited in a fund other than the general fund and is
61.17appropriated to the agency.
61.18 Sec. 4. Minnesota Statutes 2008, section 16C.23, subdivision 6, is amended to read:
61.19 Subd. 6. State surplus property. The commissioner may do any of the following to
61.20dispose of state surplus property:
61.21(1) transfer it to or between state agencies;
61.22(2) transfer it to a governmental unit or nonprofit organization in Minnesota; or
61.23(3) sell it and charge a fee to cover expenses incurred by the commissioner in the
61.24disposal of the surplus property.
61.25The proceeds of the sale less the fee must be deposited in an account in a fund other
61.26than the general fund and are appropriated to the agency for whose account the sale was
61.27made, to be used and expended by that agency to purchase similar state property.
61.28 Sec. 5. Minnesota Statutes 2008, section 103B.101, subdivision 9, is amended to read:
61.29 Subd. 9. Powers and duties. In addition to the powers and duties prescribed
61.30elsewhere, the board shall:
61.31(1) coordinate the water and soil resources planning activities of counties, soil and
61.32water conservation districts, watershed districts, watershed management organizations,
62.1and any other local units of government through its various authorities for approval of
62.2local plans, administration of state grants, and by other means as may be appropriate;
62.3(2) facilitate communication and coordination among state agencies in cooperation
62.4with the Environmental Quality Board, and between state and local units of government,
62.5in order to make the expertise and resources of state agencies involved in water and soil
62.6resources management available to the local units of government to the greatest extent
62.7possible;
62.8(3) coordinate state and local interests with respect to the study in southwestern
62.9Minnesota under United States Code, title 16, section 1009;
62.10(4) develop information and education programs designed to increase awareness
62.11of local water and soil resources problems and awareness of opportunities for local
62.12government involvement in preventing or solving them;
62.13(5) provide a forum for the discussion of local issues and opportunities relating
62.14to water and soil resources management;
62.15(6) adopt an annual budget and work program that integrate the various functions
62.16and responsibilities assigned to it by law; and
62.17(7) report to the governor and the legislature by October 15 of each even-numbered
62.18year with an assessment of board programs and recommendations for any program
62.19changes and board membership changes necessary to improve state and local efforts
62.20in water and soil resources management.
62.21The board may accept grants, gifts, donations, or contributions in money, services,
62.22materials, or otherwise from the United States, a state agency, or other source to achieve
62.23an authorized purpose. The board may enter into a contract or agreement necessary or
62.24appropriate to accomplish the transfer. The board may receive and expend money to
62.25acquire conservation easements, as defined in chapter 84C, on behalf of the state and
62.26federal government consistent with the Camp Ripley's Army Compatible Use Buffer
62.27Project.
62.28Any money received is hereby deposited in an account in a fund other than the
62.29general fund and appropriated and dedicated for the purpose for which it is granted.
62.30 Sec. 6. Minnesota Statutes 2008, section 103I.681, subdivision 11, is amended to read:
62.31 Subd. 11. Permit fee schedule. (a) The commissioner of natural resources shall
62.32adopt a permit fee schedule under chapter 14. The schedule may provide minimum fees
62.33for various classes of permits, and additional fees, which may be imposed subsequent
62.34to the application, based on the cost of receiving, processing, analyzing, and issuing
63.1the permit, and the actual inspecting and monitoring of the activities authorized by the
63.2permit, including costs of consulting services.
63.3(b) A fee may not be imposed on a state or federal governmental agency applying
63.4for a permit.
63.5(c) The fee schedule may provide for the refund of a fee, in whole or in part, under
63.6circumstances prescribed by the commissioner of natural resources. Fees received must
63.7be deposited in the state treasury and credited to
63.8resources fund. Permit fees received are appropriated annually from the
63.9resources fund to the commissioner of natural resources for the costs of inspecting and
63.10monitoring the activities authorized by the permit, including costs of consulting services.
63.11 Sec. 7. Minnesota Statutes 2008, section 116J.551, subdivision 1, is amended to read:
63.12 Subdivision 1. Grant account. A contaminated site cleanup and development grant
63.13account is created in the
63.14as appropriated by law, to make grants as provided in section
63.15commissioner's costs in reviewing applications and making grants. Notwithstanding
63.16section
63.17is available until spent.
63.18 Sec. 8. Minnesota Statutes 2008, section 190.32, is amended to read:
63.19190.32 FEDERAL REIMBURSEMENT RECEIPTS.
63.20The Department of Military Affairs may deposit federal reimbursement receipts into
63.21
63.22facilities. These receipts are for services, supplies, and materials initially purchased by the
63.23Camp Ripley maintenance account.
63.24 Sec. 9. Minnesota Statutes 2008, section 257.69, subdivision 2, is amended to read:
63.25 Subd. 2. Guardian; legal fees. (a) The court may order expert witness and guardian
63.26ad litem fees and other costs of the trial and pretrial proceedings, including appropriate
63.27tests, to be paid by the parties in proportions and at times determined by the court. The
63.28court shall require a party to pay part of the fees of court-appointed counsel according
63.29to the party's ability to pay, but if counsel has been appointed the appropriate agency
63.30shall pay the party's proportion of all other fees and costs. The agency responsible for
63.31child support enforcement shall pay the fees and costs for blood or genetic tests in a
63.32proceeding in which it is a party, is the real party in interest, or is acting on behalf of the
63.33child. However, at the close of a proceeding in which paternity has been established under
64.1sections
64.2public agency, if the court finds he has sufficient resources to pay the costs of the blood or
64.3genetic tests. When a party bringing an action is represented by the county attorney, no
64.4filing fee shall be paid to the court administrator.
64.5(b) In each fiscal year, the commissioner of management and budget shall deposit
64.6guardian ad litem reimbursements in the
64.7separate account with the trial courts. The balance of this account is appropriated to the
64.8trial courts and does not cancel but is available until expended. Expenditures by the state
64.9court administrator's office from this account must be based on the amount of the guardian
64.10ad litem reimbursements received by the state from the courts in each judicial district.
64.11 Sec. 10. Minnesota Statutes 2008, section 260C.331, subdivision 6, is amended to read:
64.12 Subd. 6. Guardian ad litem fees. (a) In proceedings in which the court appoints a
64.13guardian ad litem pursuant to section
64.14inquire into the ability of the parents to pay for the guardian ad litem's services and,
64.15after giving the parents a reasonable opportunity to be heard, may order the parents to
64.16pay guardian fees.
64.17(b) In each fiscal year, the commissioner of management and budget shall deposit
64.18guardian ad litem reimbursements in the
64.19separate account with the trial courts. The balance of this account is appropriated to the
64.20trial courts and does not cancel but is available until expended. Expenditures by the state
64.21court administrator's office from this account must be based on the amount of the guardian
64.22ad litem reimbursements received by the state from the courts in each judicial district.
64.23 Sec. 11. Minnesota Statutes 2009 Supplement, section 270.97, is amended to read:
64.24270.97 DEPOSIT OF REVENUES.
64.25The commissioner shall deposit all revenues derived from the tax, interest, and
64.26penalties received from the county in the contaminated site cleanup and development
64.27account in the
64.28commissioner of the Department of Employment and Economic Development, for the
64.29purposes of section
64.30 Sec. 12. Minnesota Statutes 2008, section 299C.48, is amended to read:
64.31299C.48 CONNECTION BY AUTHORIZED AGENCY; FEE,
64.32APPROPRIATION.
65.1(a) An agency authorized under section
65.2and participate in the criminal justice data communications network upon approval
65.3of the commissioner of public safety; provided, that the agency shall first agree to pay
65.4installation charges as may be necessary for connection and monthly operational charges
65.5as may be established by the commissioner of public safety. Before participation by a
65.6criminal justice agency may be approved, the agency must have executed an agreement
65.7with the commissioner providing for security of network facilities and restrictions on
65.8access to data supplied to and received through the network.
65.9(b) In addition to any fee otherwise authorized, the commissioner of public safety
65.10shall impose a fee for providing secure dial-up or Internet access for criminal justice
65.11agencies and noncriminal justice agencies. The following monthly fees apply:
65.12(1) criminal justice agency accessing via Internet, $15;
65.13(2) criminal justice agency accessing via dial-up, $35;
65.14(3) noncriminal justice agency accessing via Internet, $35; and
65.15(4) noncriminal justice agency accessing via dial-up, $35.
65.16(c) The installation and monthly operational charges collected by the commissioner
65.17of public safety under paragraphs (a) and (b) must be deposited in an account in the special
65.18revenue fund and are annually appropriated to the commissioner to administer sections
65.20 Sec. 13. Minnesota Statutes 2008, section 299E.02, is amended to read:
65.21299E.02 CONTRACT SERVICES; APPROPRIATION.
65.22Fees charged for contracted security services provided by the Capitol Complex
65.23Security Division of the Department of Public Safety must be deposited in an account in
65.24the special revenue fund and are annually appropriated to the commissioner of public
65.25safety to administer and provide these services.
65.26 Sec. 14. Minnesota Statutes 2008, section 446A.086, subdivision 2, as amended by
65.27Laws 2010, chapter 290, section 14, is amended to read:
65.28 Subd. 2. Application. (a) This section provides a state guarantee of the payment of
65.29principal and interest on debt obligations if:
65.30 (1) the obligations are issued for new projects and are not issued for the purposes of
65.31refunding previous obligations;
65.32 (2) application to the Public Facilities Authority is made before issuance; and
65.33 (3) the obligations are covered by an agreement meeting the requirements of
65.34subdivision 3.
66.1 (b) Applications to be covered by the provisions of this section must be made in a
66.2form and contain the information prescribed by the authority. Applications are subject to
66.3either a fee of $500 for each bond issue requested by a county or governmental unit or the
66.4applicable fees under section
66.5 (c) Application fees paid under this section must be deposited in a separate credit
66.6enhancement bond guarantee account in the
66.7credit enhancement bond guarantee account is appropriated to the authority for purposes
66.8of administering this section.
66.9 (d) Neither the authority nor the commissioner is required to promulgate
66.10administrative rules under this section and the procedures and requirements established by
66.11the authority or commissioner under this section are not subject to chapter 14.
66.12 Sec. 15. Minnesota Statutes 2008, section 469.177, subdivision 11, is amended to read:
66.13 Subd. 11. Deduction for enforcement costs; appropriation. (a) The county
66.14treasurer shall deduct an amount equal to 0.25 percent of any increment distributed to an
66.15authority or municipality. The county treasurer shall pay the amount deducted to the
66.16commissioner of management and budget for deposit in
66.17the special revenue fund.
66.18(b) The amounts deducted and paid under paragraph (a) are appropriated to the state
66.19auditor for the cost of (1) the financial reporting of tax increment financing information
66.20and (2) the cost of examining and auditing of authorities' use of tax increment financing
66.21as provided under section
66.22any other law to the contrary, this appropriation does not cancel and remains available
66.23until spent.
66.24(c) For taxes payable in 2002 and thereafter, the commissioner of revenue shall
66.25increase the percent in paragraph (a) to a percent equal to the product of the percent in
66.26paragraph (a) and the amount that the statewide tax increment levy for taxes payable in
66.272002 would have been without the class rate changes in this act and the elimination of
66.28the general education levy in this act divided by the statewide tax increment levy for
66.29taxes payable in 2002.
66.30 Sec. 16. Minnesota Statutes 2008, section 518.165, subdivision 3, is amended to read:
66.31 Subd. 3. Fees. (a) A guardian ad litem appointed under either subdivision 1 or 2
66.32may be appointed either as a volunteer or on a fee basis. If a guardian ad litem is appointed
66.33on a fee basis, the court shall enter an order for costs, fees, and disbursements in favor
66.34of the child's guardian ad litem. The order may be made against either or both parties,
67.1except that any part of the costs, fees, or disbursements which the court finds the parties
67.2are incapable of paying shall be borne by the state courts. The costs of court-appointed
67.3counsel to the guardian ad litem shall be paid by the county in which the proceeding is
67.4being held if a party is incapable of paying for them. Until the recommendations of the
67.5task force created in Laws 1999, chapter 216, article 7, section 42, are implemented, the
67.6costs of court-appointed counsel to a guardian ad litem in the Eighth Judicial District shall
67.7be paid by the state courts if a party is incapable of paying for them. In no event may the
67.8court order that costs, fees, or disbursements be paid by a party receiving public assistance
67.9or legal assistance or by a party whose annual income falls below the poverty line as
67.10established under United States Code, title 42, section 9902(2).
67.11(b) In each fiscal year, the commissioner of management and budget shall deposit
67.12guardian ad litem reimbursements in the
67.13separate account with the trial courts. The balance of this account is appropriated to the
67.14trial courts and does not cancel but is available until expended. Expenditures by the state
67.15court administrator's office from this account must be based on the amount of the guardian
67.16ad litem reimbursements received by the state from the courts in each judicial district.
67.17 Sec. 17. Minnesota Statutes 2008, section 609.3241, is amended to read:
67.18609.3241 PENALTY ASSESSMENT AUTHORIZED.
67.19When a court sentences an adult convicted of violating section
67.20while acting other than as a prostitute, the court shall impose an assessment of not less
67.21than $250 and not more than $500 for a violation of section
67.22misdemeanor violation of section
67.23an assessment of not less than $500 and not more than $1,000. The mandatory minimum
67.24portion of the assessment is to be used for the purposes described in section
67.25subdivision 2a
67.266
67.27shall be
67.28is appropriated annually to the commissioner of public safety. The commissioner, with the
67.29assistance of the General Crime Victims Advisory Council, shall use money received under
67.30this section for grants to agencies that provide assistance to individuals who have stopped
67.31or wish to stop engaging in prostitution. Grant money may be used to provide these
67.32individuals with medical care, child care, temporary housing, and educational expenses.
67.33 Sec. 18. Minnesota Statutes 2008, section 611.20, subdivision 3, is amended to read:
68.1 Subd. 3. Reimbursement. In each fiscal year, the commissioner of management
68.2and budget shall deposit the payments in the
68.3to a separate account with the Board of Public Defense. The amount credited to this
68.4account is appropriated to the Board of Public Defense.
68.5The balance of this account does not cancel but is available until expended.
68.6Expenditures by the board from this account for each judicial district public defense office
68.7must be based on the amount of the payments received by the state from the courts in
68.8each judicial district. A district public defender's office that receives money under this
68.9subdivision shall use the money to supplement office overhead payments to part-time
68.10attorneys providing public defense services in the district. By January 15 of each year,
68.11the Board of Public Defense shall report to the chairs and ranking minority members of
68.12the senate and house of representatives divisions having jurisdiction over criminal justice
68.13funding on the amount appropriated under this subdivision, the number of cases handled
68.14by each district public defender's office, the number of cases in which reimbursements
68.15were ordered, the average amount of reimbursement ordered, and the average amount of
68.16money received by part-time attorneys under this subdivision.
68.17 Sec. 19. Laws 1994, chapter 531, section 1, is amended to read:
68.18 Section 1. SALE OF WILDLIFE LANDS.
68.19 Notwithstanding Minnesota Statutes, sections
68.20to
68.21sell lands located in the Gordy Yaeger wildlife management area in Olmsted county. The
68.22consideration for the lands described in sections 2 and 3 shall be $950 per acre. The
68.23conveyances shall be by
68.24general and shall reserve to the state all minerals and mineral rights. The proceeds received
68.25from the sales are to be deposited in an account in the
68.26are appropriated to the commissioner of natural resources for acquisition of replacement
68.27wildlife management area lands. These sales are pursuant to the recommendation of the
68.28Gordy Yaeger wildlife management area advisory committee.
68.31 Section 1. Minnesota Statutes 2009 Supplement, section 290.06, subdivision 2c,
68.32is amended to read:
68.33 Subd. 2c. Schedules of rates for individuals, estates, and trusts. (a) The income
68.34taxes imposed by this chapter upon married individuals filing joint returns and surviving
69.1spouses as defined in section 2(a) of the Internal Revenue Code must be computed by
69.2applying to their taxable net income the following schedule of rates:
69.3 (1) On the first
69.4 (2) On all over
69.5 (3) On all over
69.6(4) On all over $200,000, 9.1 percent.
69.7 Married individuals filing separate returns, estates, and trusts must compute their
69.8income tax by applying the above rates to their taxable income, except that the income
69.9brackets will be one-half of the above amounts.
69.10 (b) The income taxes imposed by this chapter upon unmarried individuals must be
69.11computed by applying to taxable net income the following schedule of rates:
69.12 (1) On the first
69.13 (2) On all over
69.14 (3) On all over
69.15(4) On all over $113,110, 9.1 percent.
69.16 (c) The income taxes imposed by this chapter upon unmarried individuals qualifying
69.17as a head of household as defined in section 2(b) of the Internal Revenue Code must be
69.18computed by applying to taxable net income the following schedule of rates:
69.19 (1) On the first
69.20 (2) On all over
69.21 (3) On all over
69.22(4) On all over $170,350, 9.1 percent.
69.23 (d) In lieu of a tax computed according to the rates set forth in this subdivision, the
69.24tax of any individual taxpayer whose taxable net income for the taxable year is less than
69.25an amount determined by the commissioner must be computed in accordance with tables
69.26prepared and issued by the commissioner of revenue based on income brackets of not
69.27more than $100. The amount of tax for each bracket shall be computed at the rates set
69.28forth in this subdivision, provided that the commissioner may disregard a fractional part of
69.29a dollar unless it amounts to 50 cents or more, in which case it may be increased to $1.
69.30 (e) An individual who is not a Minnesota resident for the entire year must compute
69.31the individual's Minnesota income tax as provided in this subdivision. After the
69.32application of the nonrefundable credits provided in this chapter, the tax liability must
69.33then be multiplied by a fraction in which:
69.34 (1) the numerator is the individual's Minnesota source federal adjusted gross income
69.35as defined in section 62 of the Internal Revenue Code and increased by the additions
69.36required under section
70.1(13), (16), and (17), and reduced by the Minnesota assignable portion of the subtraction
70.2for United States government interest under section
70.3(1), and the subtractions under section
70.4(15), (16), and (18), after applying the allocation and assignability provisions of section
70.6 (2) the denominator is the individual's federal adjusted gross income as defined in
70.7section 62 of the Internal Revenue Code of 1986, increased by the amounts specified in
70.8section
70.9and reduced by the amounts specified in section
70.10(10), (14), (15), (16), and (18).
70.11 (f) For taxable years beginning after December 31, 2013, the maximum tax rate
70.12under this section is 7.85 percent, if the commissioner of management and budget
70.13estimates in the February 2013 economic forecast that the unrestricted general fund
70.14balance at the end of fiscal year 2013 equals or exceeds $500,000,000.
70.15EFFECTIVE DATE.This section is effective for taxable years beginning after
70.16December 31, 2009.
70.17 Sec. 2. Minnesota Statutes 2008, section 290.06, subdivision 2d, is amended to read:
70.18 Subd. 2d. Inflation adjustment of brackets. (a) For taxable years beginning after
70.19December 31,
70.20bracket for which a tax is imposed in subdivision 2c shall be adjusted for inflation by the
70.21percentage determined under paragraph (b). For the purpose of making the adjustment as
70.22provided in this subdivision all of the rate brackets provided in subdivision 2c shall be the
70.23rate brackets as they existed for taxable years beginning after December 31,
70.24and before January 1,
70.25changed. The dollar amounts setting forth the tax shall be adjusted to reflect the changes
70.26in the rate brackets. The rate brackets as adjusted must be rounded to the nearest $10
70.27amount. If the rate bracket ends in $5, it must be rounded up to the nearest $10 amount.
70.28 (b) The commissioner shall adjust the rate brackets and by the percentage determined
70.29pursuant to the provisions of section 1(f) of the Internal Revenue Code, except that in
70.30section 1(f)(3)(B) the word
70.31
70.32ending on August 31,
70.33in each subsequent year, from the 12 months ending on August 31,
70.34months ending on August 31 of the year preceding the taxable year. The determination of
71.1the commissioner pursuant to this subdivision shall not be considered a "rule" and shall
71.2not be subject to the Administrative Procedure Act contained in chapter 14.
71.3 No later than December 15 of each year, the commissioner shall announce the
71.4specific percentage that will be used to adjust the tax rate brackets.
71.5EFFECTIVE DATE.This section is effective for taxable years beginning after
71.6December 31, 2009.
71.7 Sec. 3. ACCELERATED REINSTATEMENT OF PHASEOUT OF PERSONAL
71.8AND DEPENDENT EXEMPTIONS AND LIMITATION OF ITEMIZED
71.9DEDUCTIONS.
71.10In determining net taxable income under Minnesota Statutes, section 290.01, for
71.11taxable years beginning after December 31, 2009, and before January 1, 2011, sections 102
71.12and 103 of Public Law 107-16, relating to the repeal of phaseout of personal exemptions
71.13and the phaseout of overall limitation on itemized deductions, do not apply.
71.14EFFECTIVE DATE.This section is effective the day following final enactment.