STATE OF MINNESOTA
EIGHTY-THIRD SESSION - 2003
_____________________
FORTIETH DAY
Saint Paul, Minnesota, Tuesday, April 22, 2003
The House of Representatives convened at 12:00 noon and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by Pastor Walter Glucklich, Elim Mission
Church, Cokato, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Erickson
Finstad
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Erhardt, Fuller and Walker were excused.
Entenza was excused until 1:10 p.m. Beard was excused until 2:05 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. DeLaForest moved that further
reading of the Journal be suspended and that the Journal be approved as
corrected by the Chief Clerk. The
motion prevailed.
REPORTS
OF CHIEF CLERK
S. F. No. 28 and H. F. No. 155,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical.
Kohls moved that S. F. No. 28 be substituted for
H. F. No. 155 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 233 and H. F. No. 496,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Abeler moved that the rules be so far suspended that
S. F. No. 233 be substituted for H. F. No. 496
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 272 and H. F. No. 572,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Samuelson moved that the rules be so far suspended that
S. F. No. 272 be substituted for H. F. No. 572
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 421 and H. F. No. 389,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Hornstein moved that the rules be so far suspended that
S. F. No. 421 be substituted for H. F. No. 389
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 433 and H. F. No. 410,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical.
Abeler moved that S. F. No. 433 be substituted
for H. F. No. 410 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 727 and H. F. No. 653,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical.
Olsen, S., moved that S. F. No. 727 be
substituted for H. F. No. 653 and that the House File be
indefinitely postponed. The motion
prevailed.
S. F. No. 872 and
H. F. No. 1114, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Kohls moved that the rules be so far suspended that
S. F. No. 872 be substituted for H. F. No. 1114
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 907 and H. F. No. 920,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Fuller moved that the rules be so far suspended that
S. F. No. 907 be substituted for H. F. No. 920
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 941 and H. F. No. 1066,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Zellers moved that the rules be so far suspended that
S. F. No. 941 be substituted for H. F. No. 1066
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 942 and H. F. No. 909,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical.
Lipman moved that S. F. No. 942 be substituted
for H. F. No. 909 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 1158 and
H. F. No. 1035, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Strachan moved that the rules be so far suspended that
S. F. No. 1158 be substituted for H. F. No. 1035
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1176 and
H. F. No. 1326, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Latz moved that the rules be so far suspended that
S. F. No. 1176 be substituted for H. F. No. 1326
and that the House File be indefinitely postponed. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communications were received:
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Steve Sviggum
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Act
of the 2003 Session of the State Legislature has been received from the Office
of the Governor and is deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2003 |
Date Filed 2003 |
112 12 5:45
p.m. April 11 April
14
Sincerely,
Mary
Kiffmeyer
Secretary
of State
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Steve Sviggum
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Act
of the 2003 Session of the State Legislature has been received from the Office
of the Governor and is deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2003 |
Date Filed 2003 |
187 14 4:45
p.m. April 14 April
14
Sincerely,
Mary
Kiffmeyer
Secretary
of State
REPORTS OF STANDING COMMITTEES
Bradley from the Committee on Health and Human Services Finance
to which was referred:
H. F. No. 437, A bill for an act relating to human services;
expanding the alternative quality assurance licensing system; extending a
sunset; appropriating money; amending Minnesota Statutes 2002, sections
256B.095; 256B.0951, subdivisions 1, 2, 3, 5, 7, 9; 256B.0952, subdivision 1;
256B.0953, subdivision 2; 256B.0955.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE
1
WELFARE
REFORM; PUBLIC ASSISTANCE MODIFICATIONS
Section 1. Minnesota
Statutes 2002, section 256.984, subdivision 1, is amended to read:
Subdivision 1.
[DECLARATION.] Every application for public assistance under this
chapter and/or or chapters 256B, 256D, 256K, MFIP program 256J,
and food stamps or food support under chapter 393 shall be in writing or
reduced to writing as prescribed by the state agency and shall contain the
following declaration which shall be signed by the applicant:
"I
declare under the penalties of perjury that this application has been examined
by me and to the best of my knowledge is a true and correct statement of every
material point. I understand that a
person convicted of perjury may be sentenced to imprisonment of not more than
five years or to payment of a fine of not more than $10,000, or both."
Sec. 2. Minnesota
Statutes 2002, section 256D.06, subdivision 2, is amended to read:
Subd. 2. [EMERGENCY
NEED.] Notwithstanding the provisions of subdivision 1, a grant of emergency
general assistance shall, to the extent funds are available, be
made to an eligible single adult, married couple, or family for an emergency
need, as defined in rules promulgated by the commissioner, where the recipient
requests temporary assistance not exceeding 30 days if an emergency situation
appears to exist and family is (a) until March 31, 1998, the individual is ineligible
for the program of emergency assistance under aid to families with dependent
children and is not a recipient of aid to families with dependent children at
the time of application; or (b) the individual or (i) ineligible
for MFIP or is not a participant of MFIP; and (ii) is ineligible for
emergency assistance under section 256J.48. If an applicant or recipient relates facts to the county agency
which may be sufficient to constitute an emergency situation, the county agency
shall, to the extent funds are available, advise the person of the
procedure for applying for assistance according to this subdivision. An emergency general assistance grant
is available to a recipient not more than once in any 12-month
period. Funding for an emergency
general assistance program is limited to the appropriation. Each fiscal year, the commissioner
shall allocate to counties the money appropriated for emergency general
assistance grants based on each county agency's average share of state's
emergency general expenditures for the immediate past three fiscal years
as determined by the commissioner, and may reallocate any unspent
amounts to other counties. Any
emergency general assistance expenditures by a county above the amount
of the commissioner's allocation to the county must be made from county
funds.
Sec. 3. Minnesota
Statutes 2002, section 256D.44, subdivision 5, is amended to read:
Subd. 5. [SPECIAL
NEEDS.] In addition to the state standards of assistance established in
subdivisions 1 to 4, payments are allowed for the following special needs of
recipients of Minnesota supplemental aid who are not residents of a nursing
home, a regional treatment center, or a group residential housing facility.
(a) The county agency shall pay a monthly allowance for
medically prescribed diets payable under the Minnesota family investment
program if the cost of those additional dietary needs cannot be met through
some other maintenance benefit. The
need for special diets or dietary items must be prescribed by a licensed
physician. Costs for special diets
shall be determined as percentages of the allotment for a one-person
household under the thrifty food plan as defined by the United States
Department of Agriculture. The
types of diets and the percentages of the thrifty food plan that are
covered are as follows:
(1) high protein diet, at least 80 grams daily, 25 percent
of thrifty food plan;
(2) controlled protein diet, 40 to 60 grams and requires
special products, 100 percent of thrifty food plan;
(3) controlled protein diet, less than 40 grams and requires
special products, 125 percent of thrifty food plan;
(4) low cholesterol diet, 25 percent of thrifty food plan;
(5) high residue diet, 20 percent of thrifty food plan;
(6) pregnancy and lactation diet, 35 percent of thrifty food
plan;
(7) gluten-free diet, 25 percent of thrifty food plan;
(8) lactose-free diet, 25 percent of thrifty food plan;
(9) antidumping diet, 15 percent of thrifty food plan;
(10) hypoglycemic diet, 15 percent of thrifty food plan; or
(11) ketogenic diet, 25 percent of thrifty food plan.
(b) Payment for nonrecurring special needs must be allowed for
necessary home repairs or necessary repairs or replacement of household
furniture and appliances using the payment standard of the AFDC program in
effect on July 16, 1996, for these expenses, as long as other funding sources
are not available.
(c) A fee for guardian or conservator service is allowed at
a reasonable rate negotiated by the county or approved by the court. This rate shall not exceed five percent of
the assistance unit's gross monthly income up to a maximum of $100 per
month. If the guardian or conservator
is a member of the county agency staff, no fee is allowed.
(d) The county agency shall continue to pay a monthly allowance
of $68 for restaurant meals for a person who was receiving a restaurant meal
allowance on June 1, 1990, and who eats two or more meals in a restaurant
daily. The allowance must continue
until the person has not received Minnesota supplemental aid for one full
calendar month or until the person's living arrangement changes and the person
no longer meets the criteria for the restaurant meal allowance, whichever
occurs first.
(e) A fee of ten percent of the recipient's gross income or
$25, whichever is less, is allowed for representative payee services provided
by an agency that meets the requirements under SSI regulations to charge a fee
for representative payee services. This
special need is available to all recipients of Minnesota supplemental aid
regardless of their living arrangement.
(f) Notwithstanding the language in this subdivision, an amount
equal to the maximum allotment authorized by the federal Food Stamp Program for
a single individual which is in effect on the first day of January of the
previous year will be added to the standards of assistance established in
subdivisions 1 to 4 for individuals under the age of 65 who are relocating from
an institution and who are shelter needy.
An eligible individual who receives this benefit prior to age 65 may
continue to receive the benefit after the age of 65.
"Shelter needy" means that the assistance unit incurs
monthly shelter costs that exceed 40 percent of the assistance unit's gross
income before the application of this special needs standard. "Gross income" for the purposes of
this section is the applicant's or recipient's income as defined in section 256D.35,
subdivision 10, or the standard specified in subdivision 3, whichever is
greater. A recipient of a federal or
state housing subsidy, that limits shelter costs to a percentage of gross
income, shall not be considered shelter needy for purposes of this paragraph.
Sec. 4. Minnesota
Statutes 2002, section 256D.46, subdivision 1, is amended to read:
Subdivision 1.
[ELIGIBILITY.] A county agency must grant emergency Minnesota
supplemental aid must be granted, to the extent funds are
available, if the recipient is without adequate resources to resolve an
emergency that, if unresolved, will threaten the health or safety of the
recipient. For the purposes of this
section, the term "recipient" includes persons for whom a group
residential housing benefit is being paid under sections 256I.01 to 256I.06.
Sec. 5. Minnesota
Statutes 2002, section 256D.46, subdivision 3, is amended to read:
Subd. 3. [PAYMENT
AMOUNT.] The amount of assistance granted under emergency Minnesota
supplemental aid is limited to the amount necessary to resolve the
emergency. An emergency Minnesota
supplemental aid grant is available to a recipient no more than once in
any 12-month period. Funding for
emergency Minnesota supplemental aid is limited to the appropriation.
Each fiscal year, the commissioner shall allocate to counties the
money appropriated for emergency Minnesota supplemental aid grants based
on each county agency's average share of state's emergency Minnesota
supplemental aid expenditures for the immediate past three fiscal years
as determined by the commissioner, and may reallocate any unspent
amounts to other counties. Any
emergency Minnesota supplemental aid expenditures by a county above the
amount of the commissioner's allocation to the county must be made from
county funds.
Sec. 6. Minnesota
Statutes 2002, section 256D.48, subdivision 1, is amended to read:
Subdivision 1. [NEED
FOR PROTECTIVE PAYEE.] The county agency shall determine whether a recipient
needs a protective payee when a physical or mental condition renders the
recipient unable to manage funds and when payments to the recipient would be
contrary to the recipient's welfare.
Protective payments must be issued when
there is evidence of: (1) repeated
inability to plan the use of income to meet necessary expenditures; (2)
repeated observation that the recipient is not properly fed or clothed; (3)
repeated failure to meet obligations for rent, utilities, food, and other
essentials; (4) evictions or a repeated incurrence of debts; or (5) lost
or stolen checks; or (6) use of emergency Minnesota supplemental aid more
than twice in a calendar year. The
determination of representative payment by the Social Security Administration
for the recipient is sufficient reason for protective payment of Minnesota
supplemental aid payments.
Sec. 7. Minnesota
Statutes 2002, section 256J.01, subdivision 5, is amended to read:
Subd. 5. [COMPLIANCE
SYSTEM.] The commissioner shall administer a compliance system for the state's
temporary assistance for needy families (TANF) program, the food stamp program,
emergency assistance, general assistance, medical assistance, general
assistance medical care, emergency general assistance, Minnesota supplemental
aid, preadmission screening, child support program, and alternative care grants
under the powers and authorities named in section 256.01, subdivision 2. The
purpose of the compliance system is to permit the commissioner to supervise the
administration of public assistance programs and to enforce timely and accurate
distribution of benefits, completeness of service and efficient and effective
program management and operations, to increase uniformity and consistency in
the administration and delivery of public assistance programs throughout the
state, and to reduce the possibility of sanction and fiscal disallowances for
noncompliance with federal regulations and state statutes.
Sec. 8. Minnesota
Statutes 2002, section 256J.02, subdivision 2, is amended to read:
Subd. 2. [USE OF
MONEY.] State money appropriated for purposes of this section and TANF block
grant money must be used for:
(1) financial assistance to or on behalf of any minor child who
is a resident of this state under section 256J.12;
(2) employment and training services under this chapter or
chapter 256K;
(3) emergency financial assistance and services under
section 256J.48;
(4) diversionary assistance under section 256J.47;
(5) the health care and human services training and
retention program under chapter 116L, for costs associated with families with
children with incomes below 200 percent of the federal poverty guidelines;
(6) (3) the pathways program under section
116L.04, subdivision 1a;
(7) welfare-to-work extended employment services for MFIP
participants with severe impairment to employment as defined in section
268A.15, subdivision 1a;
(8) the family homeless prevention and assistance program
under section 462A.204;
(9) the rent assistance for family stabilization
demonstration project under section 462A.205;
(10) (4) welfare to work transportation
authorized under Public Law Number 105-178;
(11) (5) reimbursements for the federal share of
child support collections passed through to the custodial parent;
(12) (6) reimbursements for the working family
credit under section 290.0671;
(13) intensive ESL grants under
Laws 2000, chapter 489, article 1;
(14) transitional housing programs under section 119A.43;
(15) programs and pilot projects under chapter 256K; and
(16) (7) program administration under this
chapter;
(8) the diversionary work program under section 256J.95;
(9) the MFIP consolidated fund under section 256J.626; and
(10) the Minnesota department of health consolidated fund
under Laws 2001, First Special Session chapter 9, article 17, section
3, subdivision 2.
Sec. 9. Minnesota
Statutes 2002, section 256J.021, is amended to read:
256J.021 [SEPARATE STATE PROGRAM FOR USE OF STATE MONEY.]
Beginning October 1, 2001, and each year thereafter, the
commissioner of human services must treat financial assistance MFIP
expenditures made to or on behalf of any minor child under section 256J.02,
subdivision 2, clause (1), who is a resident of this state under section
256J.12, and who is part of a two-parent eligible household as expenditures
under a separately funded state program and report those expenditures to the
federal Department of Health and Human Services as separate state program
expenditures under Code of Federal Regulations, title 45, section 263.5.
Sec. 10. Minnesota
Statutes 2002, section 256J.08, is amended by adding a subdivision to read:
Subd. 11a.
[CHILD ONLY CASE.] "Child only case" means a case
that would be part of the child only TANF program under section 256J.88.
Sec. 11. Minnesota
Statutes 2002, section 256J.08, is amended by adding a subdivision to read:
Subd. 24b.
[DIVERSIONARY WORK PROGRAM OR DWP.] "Diversionary work
program" or "DWP" has the meaning given in section
256J.95.
Sec. 12. Minnesota
Statutes 2002, section 256J.08, is amended by adding a subdivision to read:
Subd. 28b.
[EMPLOYABLE.] "Employable" means a person is capable
of performing existing positions in the local labor market, regardless
of the current availability of openings for those positions.
Sec. 13. Minnesota
Statutes 2002, section 256J.08, is amended by adding a subdivision to read:
Subd. 34a.
[FAMILY VIOLENCE.] (a) "Family violence" means the
following, if committed against a family or household member by a family
or household member:
(1) physical harm, bodily injury, or assault;
(2) the infliction of fear of imminent physical harm, bodily
injury, or assault; or
(3) terroristic threats, within the
meaning of section 609.713, subdivision 1; criminal sexual conduct,
within the meaning of section 609.342, 609.343, 609.344, 609.345, or
609.3451; or interference with an emergency call within the meaning
of section 609.78, subdivision 2.
(b) For the purposes of family violence, "family or
household member" means:
(1) spouses and former spouses;
(2) parents and children;
(3) persons related by blood;
(4) persons who are residing together or who have resided
together in the past;
(5) persons who have a child in common regardless of whether
they have been married or have lived together at any time;
(6) a man and woman if the woman is pregnant and the man is
alleged to be the father, regardless of whether they have been married
or have lived together at anytime; and
(7) persons involved in a current or past significant romantic
or sexual relationship.
Sec. 14. Minnesota
Statutes, section 256J.08, is amended by adding a subdivision to read:
Subd. 34b.
[FAMILY VIOLENCE WAIVER.] "Family violence waiver"
means a waiver of the 60-month time limit for victims of family violence
who meet the criteria in section 256J.545 and are complying with an
employment plan in section 256J.521, subdivision 3.
Sec. 15. Minnesota
Statutes 2002, section 256J.08, subdivision 35, is amended to read:
Subd. 35. [FAMILY WAGE
LEVEL.] "Family wage level" means 110 percent of the transitional
standard as specified in section 256J.24, subdivision 7.
Sec. 16. Minnesota
Statutes 2002, section 256J.08, is amended by adding a subdivision to read:
Subd. 51b.
[LEARNING DISABLED.] "Learning disabled," for purposes
of an extension to the 60-month time limit under section 256J.425,
subdivision 3, clause (3), means the person has a disorder in one or
more of the psychological processes involved in perceiving,
understanding, or using concepts through verbal language or nonverbal
means. Learning disabled does not include
learning problems that are primarily the result of visual, hearing, or
motor handicaps, mental retardation, emotional disturbance, or due to
environmental, cultural, or economic disadvantage.
Sec. 17. Minnesota
Statutes 2002, section 256J.08, subdivision 65, is amended to read:
Subd. 65.
[PARTICIPANT.] "Participant" means a person who is currently
receiving cash assistance or the food portion available through MFIP coupons
and is subsequently determined to be ineligible for assistance for that period
of time is a participant, regardless whether that assistance is repaid. The term "participant" includes
the caregiver relative and the minor child whose needs are included in the
assistance payment. A person in an
assistance unit who does not receive a cash and food assistance payment because
the as
funded by TANF and the food stamp program.
A person who fails to withdraw or access electronically any portion of
the person's cash and food assistance payment by the end of the payment month,
who makes a written request for closure before the first of a payment month and
repays cash and food assistance electronically issued for that payment month
within that payment month, or who returns any uncashed assistance check and
food coupons and withdraws from the program is not a participant. A person who withdraws a cash or food
assistance payment by electronic transfer or receives and cashes an MFIP
assistance check or food person case has been suspended from MFIP is a
participant. A person who
receives cash payments under the diversionary work program under section
256J.95 is a participant.
Sec. 18. Minnesota
Statutes 2002, section 256J.08, is amended by adding a subdivision to read:
Subd. 65a.
[PARTICIPATION REQUIREMENTS OF TANF.] "Participation
requirements of TANF" means activities and hourly requirements
allowed under title IV-A of the federal Social Security Act.
Sec. 19. Minnesota
Statutes 2002, section 256J.08, is amended by adding a subdivision to read:
Subd. 73a.
[QUALIFIED PROFESSIONAL.] (a) For physical illness, injury, or
incapacity, a "qualified professional" means a licensed
physician, a physician's assistant, a nurse practitioner, or in the case
of spinal subluxation, a licensed chiropractor.
(b) For mental retardation and intelligence testing, a "qualified
professional" means an individual qualified by training and
experience to administer the tests necessary to make determinations,
such as tests of intellectual functioning, assessments of adaptive
behavior, adaptive skills, and developmental functioning. These professionals include licensed psychologists,
certified school psychologists, or certified psychometrists working
under the supervision of a licensed psychologist.
(c) For learning disabilities, a "qualified
professional" means a licensed psychologist or school psychologist
with experience determining learning disabilities.
(d) For mental health, a "qualified professional"
means a licensed physician or a qualified mental health
professional. A "qualified
mental health professional" means:
(1) for children, in psychiatric nursing, a registered nurse
who is licensed under sections 148.171 to 148.285, and who is certified
as a clinical specialist in child and adolescent psychiatric or mental
health nursing by a national nurse certification organization or who has
a master's degree in nursing or one of the behavioral sciences or
related fields from an accredited college or university or its
equivalent, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical services in the treatment of
mental illness;
(2) for adults, in psychiatric nursing, a registered nurse
who is licensed under sections 148.171 to 148.285, and who is certified
as a clinical specialist in adult psychiatric and mental health nursing
by a national nurse certification organization or who has a master's
degree in nursing or one of the behavioral sciences or related fields
from an accredited college or university or its equivalent, with at
least 4,000 hours of post-master's supervised experience in the delivery
of clinical services in the treatment of mental illness;
(3) in clinical social work, a person licensed as an independent
clinical social worker under section 148B.21, subdivision 6, or a person
with a master's degree in social work from an accredited college or
university, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical services in the treatment of mental
illness;
(4) in psychology, an individual licensed by the board of
psychology under sections 148.88 to 148.98, who has stated to the
board of psychology competencies in the diagnosis and treatment of
mental illness;
(5) in psychiatry, a physician licensed under chapter
147 and certified by the American Board of Psychiatry and Neurology or
eligible for board certification in psychiatry; and
(6) in marriage and family therapy, the mental health professional
must be a marriage and family therapist licensed under sections 148B.29
to 148B.39, with at least two years of post-master's supervised
experience in the delivery of clinical services in the treatment of
mental illness.
Sec. 20. Minnesota
Statutes 2002, section 256J.08, subdivision 82, is amended to read:
Subd. 82. [SANCTION.]
"Sanction" means the reduction of a family's assistance payment by a
specified percentage of the MFIP standard of need because: a nonexempt participant fails to comply with
the requirements of sections 256J.52 256J.515 to 256J.55 256J.57;
a parental caregiver fails without good cause to cooperate with the child
support enforcement requirements; or a participant fails to comply with the
insurance, tort liability, or other requirements of this chapter.
Sec. 21. Minnesota
Statutes 2002, section 256J.08, is amended by adding a subdivision to read:
Subd. 84a. [SSI
RECIPIENT.] "SSI recipient" means a person who receives at
least $1 in SSI benefits, or who is not receiving an SSI benefit due to
recoupment or a one month suspension by the Social Security
Administration due to excess income.
Sec. 22. Minnesota
Statutes 2002, section 256J.08, subdivision 85, is amended to read:
Subd. 85. [TRANSITIONAL
STANDARD.] "Transitional standard" means the basic standard for a
family with no other income or a nonworking family without earned
income and is a combination of the cash assistance needs portion
and food assistance needs for a family of that size portion as
specified in section 256J.24, subdivision 5.
Sec. 23. Minnesota
Statutes 2002, section 256J.08, is amended by adding a subdivision to read:
Subd. 90.
[SEVERE FORMS OF TRAFFICKING IN PERSONS.] "Severe forms of
trafficking in persons" means: (1)
sex trafficking in which a commercial sex act is induced by force,
fraud, or coercion, or in which the person induced to perform the act
has not attained 18 years of age; or (2) the recruitment, harboring,
transportation, provision, or obtaining of a person for labor or
services through the use of force, fraud, or coercion for the purposes
of subjection to involuntary servitude, peonage, debt bondage, or
slavery.
Sec. 24. Minnesota
Statutes 2002, section 256J.09, subdivision 2, is amended to read:
Subd. 2. [COUNTY AGENCY
RESPONSIBILITY TO PROVIDE INFORMATION.] When a person inquires about
assistance, a county agency must:
(1) explain the eligibility requirements of, and how to apply
for, diversionary assistance as provided in section 256J.47; emergency
assistance as provided in section 256J.48; MFIP as provided in section 256J.10;
or any other assistance for which the person may be eligible; and
(2) offer the person brochures developed or approved by the
commissioner that describe how to apply for assistance.
Sec. 25. Minnesota
Statutes 2002, section 256J.09, subdivision 3, is amended to read:
Subd. 3. [SUBMITTING
THE APPLICATION FORM.] (a) A county agency must offer, in person or by mail,
the application forms prescribed by the commissioner as soon as a person makes
a written or oral inquiry. At that
time, the county agency must:
(1) inform the person that assistance begins with the date the
signed application is received by the county agency or the date all eligibility
criteria are met, whichever is later;
(2) inform the person that any delay in submitting the
application will reduce the amount of assistance paid for the month of
application;
(3) inform a person that the person may submit the application
before an interview;
(4) explain the information that will be verified during the application
process by the county agency as provided in section 256J.32;
(5) inform a person about the county agency's average
application processing time and explain how the application will be processed
under subdivision 5;
(6) explain how to contact the county agency if a person's
application information changes and how to withdraw the application;
(7) inform a person that the next step in the application
process is an interview and what a person must do if the application is
approved including, but not limited to, attending orientation under section
256J.45 and complying with employment and training services requirements in
sections 256J.52 256J.515 to 256J.55 256J.57;
(8) explain the child care and transportation services that are
available under paragraph (c) to enable caregivers to attend the interview,
screening, and orientation; and
(9) identify any language barriers and arrange for translation
assistance during appointments, including, but not limited to, screening under
subdivision 3a, orientation under section 256J.45, and the initial
assessment under section 256J.52 256J.521.
(b) Upon receipt of a signed application, the county agency
must stamp the date of receipt on the face of the application. The county
agency must process the application within the time period required under
subdivision 5. An applicant may
withdraw the application at any time by giving written or oral notice to the
county agency. The county agency must
issue a written notice confirming the withdrawal. The notice must inform the applicant of the county agency's
understanding that the applicant has withdrawn the application and no longer
wants to pursue it. When, within ten
days of the date of the agency's notice, an applicant informs a county agency,
in writing, that the applicant does not wish to withdraw the application, the
county agency must reinstate the application and finish processing the
application.
(c) Upon a participant's request, the county agency must
arrange for transportation and child care or reimburse the participant for
transportation and child care expenses necessary to enable participants to
attend the screening under subdivision 3a and orientation under section
256J.45.
Sec. 26. Minnesota
Statutes 2002, section 256J.09, subdivision 3a, is amended to read:
Subd. 3a. [SCREENING.]
The county agency, or at county option, the county's employment and training
service provider as defined in section 256J.49, must screen each applicant to
determine immediate needs and to determine if the applicant may be eligible for:
(1) another program that is not partially funded through
the federal temporary assistance to needy families block grant under Title I of
Public Law Number 104-193, including the expedited issuance of food
stamps under section 256J.28, subdivision 1.
If the applicant may be eligible for another program, a county
caseworker must provide the appropriate referral to the program;
(2) the diversionary assistance program under section
256J.47; or
(3) the emergency assistance program under section 256J.48. If the applicant appears eligible for
another program, including any program funded by the MFIP consolidated
fund, the county must make a referral to the appropriate program.
Sec. 27. Minnesota
Statutes 2002, section 256J.09, subdivision 3b, is amended to read:
Subd. 3b. [INTERVIEW TO
DETERMINE REFERRALS AND SERVICES.] If the applicant is not diverted from
applying for MFIP, and if the applicant meets the MFIP eligibility
requirements, then a county agency must:
(1) identify an applicant who is under the age of 20 without
a high school diploma or its equivalent and explain to the applicant the
assessment procedures and employment plan requirements for minor parents
under section 256J.54;
(2) explain to the applicant the eligibility criteria in
section 256J.545 for an exemption under the family violence provisions
in section 256J.52, subdivision 6 waiver, and explain what an
applicant should do to develop an alternative employment plan;
(3) determine if an applicant qualifies for an exemption under
section 256J.56 from employment and training services requirements, explain how
a person should report to the county agency any status changes, and explain
that an applicant who is exempt may volunteer to participate in employment and
training services;
(4) for applicants who are not exempt from the requirement to
attend orientation, arrange for an orientation under section 256J.45 and an initial
assessment under section 256J.52 256J.521;
(5) inform an applicant who is not exempt from the requirement
to attend orientation that failure to attend the orientation is considered an
occurrence of noncompliance with program requirements and will result in an
imposition of a sanction under section 256J.46; and
(6) explain how to contact the county agency if an applicant
has questions about compliance with program requirements.
Sec. 28. Minnesota
Statutes 2002, section 256J.09, subdivision 8, is amended to read:
Subd. 8. [ADDITIONAL
APPLICATIONS.] Until a county agency issues notice of approval or denial,
additional applications submitted by an applicant are void. However, an application for monthly
assistance or other benefits funded under section 256J.626 and an
application for have been appealed to the
commissioner, and the applicant asserts that a change in circumstances has
occurred that would allow eligibility.
A county agency must require additional application forms or
supplemental forms as prescribed by the commissioner when a payee's name
changes, or when a caregiver requests the addition of another person to the
assistance unit. emergency assistance or emergency general assistance may
exist concurrently. More than one
application for monthly assistance, emergency assistance, or emergency
general assistance may exist concurrently when the county agency decisions on
one or more earlier applications
Sec. 29. Minnesota
Statutes 2002, section 256J.09, subdivision 10, is amended to read:
Subd. 10. [APPLICANTS
WHO DO NOT MEET ELIGIBILITY REQUIREMENTS FOR MFIP OR THE DIVERSIONARY WORK
PROGRAM.] When an applicant is not eligible for MFIP or the diversionary
work program under section 256J.95 because the applicant does not
meet eligibility requirements, the county agency must determine whether the
applicant is eligible for food stamps, medical assistance, diversionary
assistance, or has a need for emergency assistance when the applicant meets the
eligibility requirements for those programs or health care
programs. The county must also
inform applicants about resources available through the county or other
agencies to meet short-term emergency needs.
Sec. 30. Minnesota
Statutes 2002, section 256J.14, is amended to read:
256J.14 [ELIGIBILITY FOR PARENTING OR PREGNANT MINORS.]
(a) The definitions in this paragraph only apply to this
subdivision.
(1) "Household of a parent, legal guardian, or other adult
relative" means the place of residence of:
(i) a natural or adoptive parent;
(ii) a legal guardian according to appointment or acceptance under
section 260C.325, 525.615, or 525.6165, and related laws;
(iii) a caregiver as defined in section 256J.08, subdivision
11; or
(iv) an appropriate adult relative designated by a county
agency.
(2) "Adult-supervised supportive living arrangement"
means a private family setting which assumes responsibility for the care and
control of the minor parent and minor child, or other living arrangement, not
including a public institution, licensed by the commissioner of human services
which ensures that the minor parent receives adult supervision and supportive
services, such as counseling, guidance, independent living skills training, or
supervision.
(b) A minor parent and the minor child who is in the care of
the minor parent must reside in the household of a parent, legal guardian,
other adult relative, or in an adult-supervised supportive living arrangement
in order to receive MFIP unless:
(1) the minor parent has no living parent, other adult
relative, or legal guardian whose whereabouts is known;
(2) no living parent, other adult relative, or legal guardian
of the minor parent allows the minor parent to live in the parent's, other
adult relative's, or legal guardian's home;
(3) the minor parent lived apart from the minor parent's own
parent or legal guardian for a period of at least one year before either the
birth of the minor child or the minor parent's application for MFIP;
(4) the physical or emotional health or safety of the minor
parent or minor child would be jeopardized if the minor parent and the minor
child resided in the same residence with the minor parent's parent, other adult
relative, or legal guardian; or
(5) an adult supervised supportive living arrangement is not
available for the minor parent and child in the county in which the minor
parent and child currently reside. If
an adult supervised supportive living arrangement becomes available within the
county, the minor parent and child must reside in that arrangement.
(c) The county agency shall inform minor applicants both orally
and in writing about the eligibility requirements, their rights and obligations
under the MFIP program, and any other applicable orientation information. The county must advise the minor of the
possible exemptions under section 256J.54, subdivision 5, and
specifically ask whether one or more of these exemptions is applicable. If the minor alleges one or more of these
exemptions, then the county must assist the minor in obtaining the necessary
verifications to determine whether or not these exemptions apply.
(d) If the county worker has reason to suspect that the
physical or emotional health or safety of the minor parent or minor child would
be jeopardized if they resided with the minor parent's parent, other adult
relative, or legal guardian, then the county worker must make a referral to
child protective services to determine if paragraph (b), clause (4),
applies. A new determination by the
county worker is not necessary if one has been made within the last six months,
unless there has been a significant change in circumstances which justifies a
new referral and determination.
(e) If a minor parent is not living with a parent, legal
guardian, or other adult relative due to paragraph (b), clause (1), (2), or
(4), the minor parent must reside, when possible, in a living arrangement that
meets the standards of paragraph (a), clause (2).
(f) Regardless of living arrangement, MFIP must be paid, when
possible, in the form of a protective payment on behalf of the minor parent and
minor child according to section 256J.39, subdivisions 2 to 4.
Sec. 31. Minnesota
Statutes 2002, section 256J.20, subdivision 3, is amended to read:
Subd. 3. [OTHER
PROPERTY LIMITATIONS.] To be eligible for MFIP, the equity value of all
nonexcluded real and personal property of the assistance unit must not exceed
$2,000 for applicants and $5,000 for ongoing participants. The value of assets in clauses (1) to (19)
must be excluded when determining the equity value of real and personal
property:
(1) a licensed vehicle up to a loan value of less than or equal
to $7,500. The county agency shall
apply any excess loan value as if it were equity value to the asset limit
described in this section. If the
assistance unit owns more than one licensed vehicle, the county agency shall
determine the vehicle with the highest loan value and count only the loan value
over $7,500, excluding: (i) the value
of one vehicle per physically disabled person when the vehicle is needed to transport
the disabled unit member; this exclusion does not apply to mentally disabled
people; (ii) the value of special equipment for a handicapped member of the
assistance unit; and (iii) any vehicle used for long-distance travel, other
than daily commuting, for the employment of a unit member.
The county agency shall count the loan value of all other
vehicles and apply this amount as if it were equity value to the asset limit
described in this section. To establish
the loan value of vehicles, a county agency must use the N.A.D.A. Official Used
Car Guide, Midwest Edition, for newer model cars. When a vehicle is not listed
in the guidebook, or when the applicant or participant disputes the loan value
listed in the guidebook as unreasonable given the condition of the particular
vehicle, the county agency may require the applicant or participant document the
loan value by securing a written statement from a motor vehicle dealer licensed
under section 168.27, stating the amount that the dealer would pay to purchase
the vehicle. The county agency shall
reimburse the applicant or participant for the cost of a written statement that
documents a lower loan value;
(2) the value of life insurance policies for members of the
assistance unit;
(3) one burial plot per member of an assistance unit;
(4) the value of personal property needed to produce earned
income, including tools, implements, farm animals, inventory, business loans,
business checking and savings accounts used at least annually and used
exclusively for the operation of a self-employment business, and any motor
vehicles if at least 50 percent of the vehicle's use is to produce income and
if the vehicles are essential for the self-employment business;
(5) the value of personal property not otherwise specified
which is commonly used by household members in day-to-day living such as
clothing, necessary household furniture, equipment, and other basic maintenance
items essential for daily living;
(6) the value of real and personal property owned by a
recipient of Supplemental Security Income or Minnesota supplemental aid;
(7) the value of corrective payments, but only for the month in
which the payment is received and for the following month;
(8) a mobile home or other vehicle used by an applicant or
participant as the applicant's or participant's home;
(9) money in a separate escrow account that is needed to pay
real estate taxes or insurance and that is used for this purpose;
(10) money held in escrow to cover employee FICA, employee tax
withholding, sales tax withholding, employee worker compensation, business
insurance, property rental, property taxes, and other costs that are paid at
least annually, but less often than monthly;
(11) monthly assistance, emergency assistance, and
diversionary payments for the current month's needs or short-term
emergency needs under section 256J.626, subdivision 2;
(12) the value of school loans, grants, or scholarships for the
period they are intended to cover;
(13) payments listed in section 256J.21, subdivision 2, clause
(9), which are held in escrow for a period not to exceed three months to
replace or repair personal or real property;
(14) income received in a budget month through the end of the
payment month;
(15) savings from earned income of a minor child or a minor
parent that are set aside in a separate account designated specifically for
future education or employment costs;
(16) the federal earned income credit, Minnesota working family
credit, state and federal income tax refunds, state homeowners and renters
credits under chapter 290A, property tax rebates and other federal or state tax
rebates in the month received and the following month;
(17) payments excluded under federal law as long as those
payments are held in a separate account from any nonexcluded funds;
(18) the assets of children ineligible
to receive MFIP benefits because foster care or adoption assistance payments
are made on their behalf; and
(19) the assets of persons whose income is excluded under
section 256J.21, subdivision 2, clause (43).
Sec. 32. Minnesota
Statutes 2002, section 256J.21, subdivision 1, is amended to read:
Subdivision 1. [INCOME
INCLUSIONS.] To determine MFIP eligibility, the county agency must evaluate
income received by members of an assistance unit, or by other persons whose
income is considered available to the assistance unit, and only count income
that is available to the member of the assistance unit. Income is available if
the individual has legal access to the income.
All payments, unless specifically excluded in subdivision 2, must be
counted as income. The county agency
shall verify the income of all MFIP recipients and applicants.
Sec. 33. Minnesota
Statutes 2002, section 256J.21, subdivision 2, is amended to read:
Subd. 2. [INCOME
EXCLUSIONS.] The following must be excluded in determining a family's available
income:
(1) payments for basic care, difficulty of care, and clothing
allowances received for providing family foster care to children or adults
under Minnesota Rules, parts 9545.0010 to 9545.0260 and 9555.5050 to 9555.6265,
and payments received and used for care and maintenance of a third-party
beneficiary who is not a household member;
(2) reimbursements for employment training received through the
Job Training Partnership Workforce Investment Act 1998,
United States Code, title 29 20, chapter 19 73, sections
1501 to 1792b section 9201;
(3) reimbursement for out-of-pocket expenses incurred while
performing volunteer services, jury duty, employment, or informal carpooling
arrangements directly related to employment;
(4) all educational assistance, except the county agency must
count graduate student teaching assistantships, fellowships, and other similar
paid work as earned income and, after allowing deductions for any unmet and necessary
educational expenses, shall count scholarships or grants awarded to graduate
students that do not require teaching or research as unearned income;
(5) loans, regardless of purpose, from public or private
lending institutions, governmental lending institutions, or governmental
agencies;
(6) loans from private individuals, regardless of purpose,
provided an applicant or participant documents that the lender expects
repayment;
(7)(i) state income tax refunds; and
(ii) federal income tax refunds;
(8)(i) federal earned income credits;
(ii) Minnesota working family credits;
(iii) state homeowners and renters credits under chapter 290A;
and
(iv) federal or state tax rebates;
(9) funds received for reimbursement,
replacement, or rebate of personal or real property when these payments are
made by public agencies, awarded by a court, solicited through public appeal,
or made as a grant by a federal agency, state or local government, or disaster
assistance organizations, subsequent to a presidential declaration of disaster;
(10) the portion of an insurance settlement that is used to pay
medical, funeral, and burial expenses, or to repair or replace insured
property;
(11) reimbursements for medical expenses that cannot be paid by
medical assistance;
(12) payments by a vocational rehabilitation program
administered by the state under chapter 268A, except those payments that are
for current living expenses;
(13) in-kind income, including any payments directly made by a
third party to a provider of goods and services;
(14) assistance payments to correct underpayments, but only for
the month in which the payment is received;
(15) emergency assistance payments for short-term
emergency needs under section 256J.626, subdivision 2;
(16) funeral and cemetery payments as provided by section
256.935;
(17) nonrecurring cash gifts of $30 or less, not exceeding $30
per participant in a calendar month;
(18) any form of energy assistance payment made through Public
Law Number 97-35, Low-Income Home Energy Assistance Act of 1981,
payments made directly to energy providers by other public and private
agencies, and any form of credit or rebate payment issued by energy providers;
(19) Supplemental Security Income (SSI), including retroactive
SSI payments and other income of an SSI recipient, except as
described in section 256J.37, subdivision 3b;
(20) Minnesota supplemental aid, including retroactive
payments;
(21) proceeds from the sale of real or personal property;
(22) adoption assistance payments under section 259.67;
(23) state-funded family subsidy program payments made under
section 252.32 to help families care for children with mental retardation or
related conditions, consumer support grant funds under section 256.476, and
resources and services for a disabled household member under one of the home
and community-based waiver services programs under chapter 256B;
(24) interest payments and dividends from property that is not
excluded from and that does not exceed the asset limit;
(25) rent rebates;
(26) income earned by a minor caregiver, minor child through
age 6, or a minor child who is at least a half-time student in an approved
elementary or secondary education program;
(27) income earned by a caregiver under age 20 who is at least
a half-time student in an approved elementary or secondary education program;
(28) MFIP child care payments under
section 119B.05;
(29) all other payments made through MFIP to support a
caregiver's pursuit of greater self-support economic stability;
(30) income a participant receives related to shared living
expenses;
(31) reverse mortgages;
(32) benefits provided by the Child Nutrition Act of 1966,
United States Code, title 42, chapter 13A, sections 1771 to 1790;
(33) benefits provided by the women, infants, and children
(WIC) nutrition program, United States Code, title 42, chapter 13A,
section 1786;
(34) benefits from the National School Lunch Act, United States
Code, title 42, chapter 13, sections 1751 to 1769e;
(35) relocation assistance for displaced persons under the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, United States Code, title 42, chapter 61, subchapter II, section 4636, or
the National Housing Act, United States Code, title 12, chapter 13, sections
1701 to 1750jj;
(36) benefits from the Trade Act of 1974, United States Code,
title 19, chapter 12, part 2, sections 2271 to 2322;
(37) war reparations payments to Japanese Americans and Aleuts
under United States Code, title 50, sections 1989 to 1989d;
(38) payments to veterans or their dependents as a result of
legal settlements regarding Agent Orange or other chemical exposure under
Public Law Number 101-239, section 10405, paragraph (a)(2)(E);
(39) income that is otherwise specifically excluded from MFIP
consideration in federal law, state law, or federal regulation;
(40) security and utility deposit refunds;
(41) American Indian tribal land settlements excluded under
Public Law Numbers Laws 98-123, 98-124, and 99-377 to the
Mississippi Band Chippewa Indians of White Earth, Leech Lake, and Mille Lacs
reservations and payments to members of the White Earth Band, under United
States Code, title 25, chapter 9, section 331, and chapter 16, section 1407;
(42) all income of the minor parent's parents and stepparents
when determining the grant for the minor parent in households that include a
minor parent living with parents or stepparents on MFIP with other children;
(43) income of the minor parent's parents and stepparents equal
to 200 percent of the federal poverty guideline for a family size not including
the minor parent and the minor parent's child in households that include a
minor parent living with parents or stepparents not on MFIP when determining
the grant for the minor parent. The
remainder of income is deemed as specified in section 256J.37, subdivision 1b;
(44) payments made to children eligible for relative custody
assistance under section 257.85;
(45) vendor payments for goods and services made on behalf
of a client unless the client has the option of receiving the payment in cash;
and
(46) the principal portion of a contract for deed payment.
Sec. 34. Minnesota
Statutes 2002, section 256J.24, subdivision 3, is amended to read:
Subd. 3. [INDIVIDUALS
WHO MUST BE EXCLUDED FROM AN ASSISTANCE UNIT.] (a) The following individuals
who are part of the assistance unit determined under subdivision 2 are
ineligible to receive MFIP:
(1) individuals receiving who are recipients of
Supplemental Security Income or Minnesota supplemental aid;
(2) individuals disqualified from the food stamp program or
MFIP, until the disqualification ends;
(3) children on whose behalf federal, state or local foster
care payments are made, except as provided in sections 256J.13, subdivision 2,
and 256J.74, subdivision 2; and
(4) children receiving ongoing monthly adoption assistance
payments under section 259.67.
(b) The exclusion of a person under this subdivision does not
alter the mandatory assistance unit composition.
Sec. 35. Minnesota
Statutes 2002, section 256J.24, subdivision 5, is amended to read:
Subd. 5. [MFIP
TRANSITIONAL STANDARD.] The following table represents the MFIP
transitional standard table when all members of is based on the
number of persons in the assistance unit are eligible for both food
and cash assistance unless the restrictions in subdivision 6 on the
birth of a child apply. The following table represents the transitional
standards effective October 1, 2002.
Number of Transitional Cash Food
Eligible People
Standard
Portion Portion
1 $351 $370: $250 $120
2 $609 $658: $437 $221
3 $763 $844: $532 $312
4 $903 $998: $621 $377
5 $1,025 $1,135: $697 $438
6 $1,165 $1,296: $773 $523
7 $1,273 $1,414: $850 $564
8 $1,403 $1,558: $916 $642
9 $1,530 $1,700: $980 $720
10 $1,653 $1,836: $1,035 $801
over 10 add $121 $136: $53 $83
per additional member.
The commissioner shall annually publish in the State
Register the transitional standard for an assistance unit sizes 1 to 10 including
a breakdown of the cash and food portions.
Sec. 36. Minnesota
Statutes 2002, section 256J.24, subdivision 6, is amended to read:
Subd. 6. [APPLICATION
OF ASSISTANCE STANDARDS FAMILY CAP.] The standards apply to the
number of eligible persons in the assistance unit. (a) MFIP assistance units shall not
receive an increase in the cash portion of the transitional standard as
a result of the birth of a child, unless one of the conditions under
paragraph (b) is met. The child shall
be considered a member of the assistance unit according to subdivisions
1 to 3, but shall be excluded in determining family size for purposes of
determining the amount of the cash portion of the transitional standard
under subdivision 5. The child shall be
included in determining family size for purposes of determining the food
portion of the transitional standard.
The transitional standard under this subdivision shall be the
total of the cash and food portions as specified in this paragraph. The family wage level under this
subdivision shall be based on the family size used to determine the food
portion of the transitional standard.
(b) A child shall be included in determining family size
for purposes of determining the amount of the cash portion of the
MFIP transitional standard when at least one of the following conditions
is met:
(1) for families receiving MFIP assistance on July 1, 2003,
the child is born to the adult parent before May 1, 2004;
(2) for families who apply for the diversionary work program
under section 256J.95 or MFIP assistance on or after July 1, 2003, the
child is born to the adult parent within ten months of the date the
family is eligible for assistance;
(3) the child was conceived as a result of a sexual assault
or incest, provided that:
(i) the incident has been reported to a law enforcement agency
which determines that there is probable cause to believe the crime
occurred; and
(ii) a physician verifies that there is reason to believe
the pregnancy or birth resulted from the reported incident;
(4) the child's mother is a minor caregiver as defined in
section 256J.08, subdivision 59, and the child, or multiple children,
are the mother's first birth; or
(5) any child previously excluded in determining family size
under paragraph (a) shall be included if the adult parent or parents
have not received benefits from the diversionary work program under
section 256J.95 or MFIP assistance in the previous ten months. An adult parent or parents who reapply and
have received benefits from the diversionary work program or MFIP assistance
in the past ten months shall be under the ten-month grace period of
their previous application under clause (2).
(c) Income and resources of a child excluded under this subdivision
must be considered using the same policies as for other children when
determining the grant amount of the assistance unit.
(d) The caregiver must assign support and cooperate with
the child support enforcement agency to establish paternity and collect
child support on behalf of the excluded child.
Failure to cooperate results in the sanction specified in section
256J.46, subdivisions 2 and 2a.
Current support paid on behalf of the excluded child shall be
distributed according to section 256.741, subdivision 15, and counted to
determine the grant amount of the assistance unit.
(e) County agencies must inform applicants of the provisions
under this subdivision at the time of each application and at
recertification.
(f) Children excluded under this provision shall be deemed
MFIP recipients for purposes of child care under chapter 119B.
Sec. 37. Minnesota
Statutes 2002, section 256J.24, subdivision 7, is amended to read:
Subd. 7. [FAMILY WAGE
LEVEL STANDARD.] The family wage level standard is 110 percent of
the transitional standard under subdivision 5 or 6, when applicable, and
is the standard used when there is earned income in the assistance unit. As specified in section 256J.21, earned
income is subtracted from the family wage level to determine the amount of the
assistance payment. Not including
The family wage level standard, assistance payments payment
may not exceed the MFIP standard of need transitional standard under
subdivision 5 or 6, or the shared household standard under subdivision
9, whichever is applicable, for the assistance unit.
Sec. 38. Minnesota
Statutes 2002, section 256J.24, subdivision 10, is amended to read:
Subd. 10. [MFIP EXIT LEVEL.]
The commissioner shall adjust the MFIP earned income disregard to ensure that
most participants do not lose eligibility for MFIP until their income reaches
at least 120 115 percent of the federal poverty guidelines in
effect in October of each fiscal year.
The adjustment to the disregard shall be based on a household size of
three, and the resulting earned income disregard percentage must be applied to
all household sizes. The adjustment
under this subdivision must be implemented at the same time as the October food
stamp cost-of-living adjustment is reflected in the food portion of MFIP
transitional standard as required under subdivision 5a.
Sec. 39. Minnesota
Statutes 2002, section 256J.30, subdivision 9, is amended to read:
Subd. 9. [CHANGES THAT
MUST BE REPORTED.] A caregiver must report the changes or anticipated changes
specified in clauses (1) to (17) (16) within ten days of the date
they occur, at the time of the periodic recertification of eligibility under
section 256J.32, subdivision 6, or within eight calendar days of a reporting
period as in subdivision 5 or 6, whichever occurs first. A caregiver must report other changes at the
time of the periodic recertification of eligibility under section 256J.32,
subdivision 6, or at the end of a reporting period under subdivision 5 or 6, as
applicable. A caregiver must make these
reports in writing to the county agency.
When a county agency could have reduced or terminated assistance for one
or more payment months if a delay in reporting a change specified under clauses
(1) to (16) (15) had not occurred, the county agency must
determine whether a timely notice under section 256J.31, subdivision 4, could
have been issued on the day that the change occurred. When a timely notice could have been issued, each month's
overpayment subsequent to that notice must be considered a client error
overpayment under section 256J.38.
Calculation of overpayments for late reporting under clause (17) (16)
is specified in section 256J.09, subdivision 9. Changes in circumstances which must be reported within ten days
must also be reported on the MFIP household report form for the reporting
period in which those changes occurred.
Within ten days, a caregiver must report:
(1) a change in initial employment;
(2) a change in initial receipt of unearned income;
(3) a recurring change in unearned income;
(4) a nonrecurring change of unearned income that exceeds $30;
(5) the receipt of a lump sum;
(6) an increase in assets that may cause the assistance
unit to exceed asset limits;
(7) a change in the physical or mental status of an
incapacitated member of the assistance unit if the physical or mental status is
the basis of exemption from an MFIP employment services program under
section 256J.56, or as the basis for reducing the hourly participation
requirements under section 256J.55, subdivision 1, or the type of
activities included in an employment plan under section 256J.521,
subdivision 2;
(8) a change in employment status;
(9) information affecting an exception under section 256J.24,
subdivision 9;
(10) a change in health insurance coverage;
(11) the marriage or divorce of an assistance unit
member;
(12) (11) the death of a parent, minor child, or
financially responsible person;
(13) (12) a change in address or living quarters
of the assistance unit;
(14) (13) the sale, purchase, or other transfer
of property;
(15) (14) a change in school attendance of a custodial
parent caregiver under age 20 or an employed child;
(16) (15) filing a lawsuit, a workers'
compensation claim, or a monetary claim against a third party; and
(17) (16) a change in household composition,
including births, returns to and departures from the home of assistance unit
members and financially responsible persons, or a change in the custody of a
minor child.
Sec. 40. Minnesota
Statutes 2002, section 256J.32, subdivision 2, is amended to read:
Subd. 2.
[DOCUMENTATION.] The applicant or participant must document the
information required under subdivisions 4 to 6 or authorize the county agency
to verify the information. The
applicant or participant has the burden of providing documentary evidence to
verify eligibility. The county agency
shall assist the applicant or participant in obtaining required documents when
the applicant or participant is unable to do so. When an applicant or participant and the county agency are
unable to obtain documents needed to verify information, the county agency may
accept an affidavit from an applicant or participant as sufficient
documentation. The county agency
may accept an affidavit only for factors specified under subdivision 8.
Sec. 41. Minnesota
Statutes 2002, section 256J.32, subdivision 4, is amended to read:
Subd. 4. [FACTORS TO BE
VERIFIED.] The county agency shall verify the following at application:
(1) identity of adults;
(2) presence of the minor child in the home, if questionable;
(3) relationship of a minor child to caregivers in the
assistance unit;
(4) age, if necessary to determine MFIP eligibility;
(5) immigration status;
(6) social security number according to the requirements of
section 256J.30, subdivision 12;
(7) income;
(8) self-employment expenses used as a deduction;
(9) source and purpose of deposits and withdrawals from
business accounts;
(10) spousal support and child support payments made to persons
outside the household;
(11) real property;
(12) vehicles;
(13) checking and savings accounts;
(14) savings certificates, savings bonds, stocks, and
individual retirement accounts;
(15) pregnancy, if related to eligibility;
(16) inconsistent information, if related to eligibility;
(17) medical insurance;
(18) burial accounts;
(19) (18) school attendance, if related to
eligibility;
(20) (19) residence;
(21) (20) a claim of family violence if used as a
basis for a to qualify for the family violence waiver from the
60-month time limit in section 256J.42 and regular employment and training
services requirements in section 256J.56;
(22) (21) disability if used as the basis for
an exemption from employment and training services requirements under section
256J.56 or as the basis for reducing the hourly participation requirements
under section 256J.55, subdivision 1, or the type of activity included
in an employment plan under section 256J.521, subdivision 2; and
(23) (22) information needed to establish an
exception under section 256J.24, subdivision 9.
Sec. 42. Minnesota
Statutes 2002, section 256J.32, subdivision 5a, is amended to read:
Subd. 5a. [INCONSISTENT
INFORMATION.] When the county agency verifies inconsistent information under
subdivision 4, clause (16), or 6, clause (4) (5), the reason for
verifying the information must be documented in the financial case record.
Sec. 43. Minnesota
Statutes 2002, section 256J.32, is amended by adding a subdivision to read:
Subd. 8.
[AFFIDAVIT.] The county agency may accept an affidavit from
the applicant or recipient as sufficient documentation at the time of
application or recertification only for the following factors:
(1) a claim of family violence if used as a basis to qualify
for the family violence waiver;
(2) information needed to establish
an exception under section 256J.24, subdivision 9;
(3) relationship of a minor child to caregivers in the assistance
unit; and
(4) citizenship status from a noncitizen who reports to be,
or is identified as, a victim of severe forms of trafficking in persons,
if the noncitizen reports that the noncitizen's immigration documents
are being held by an individual or group of individuals against the
noncitizen's will. The noncitizen must
follow up with the Office of Refugee Resettlement (ORR) to pursue
certification. If verification that
certification is being pursued is not received within 30 days, the MFIP
case must be closed and the agency shall pursue overpayments. The ORR documents certifying the
noncitizen's status as a victim of severe forms of trafficking in
persons, or the reason for the delay in processing, must be received
within 90 days, or the MFIP case must be closed and the agency shall
pursue overpayments.
Sec. 44. Minnesota
Statutes 2002, section 256J.37, is amended by adding a subdivision to read:
Subd. 3a.
[RENTAL SUBSIDIES; UNEARNED INCOME.] (a) Effective July 1,
2003, the county agency shall count $100 of the value of public and
assisted rental subsidies provided through the Department of Housing and
Urban Development (HUD) as unearned income to the cash portion of the
MFIP grant. The full amount of
the subsidy must be counted as unearned income when the subsidy is less
than $100. For the purposes of initial
implementation of this subdivision, the county shall budget the income
from the subsidy prospectively in the months of July and August
2003. This shall be done regardless of
whether the case is in the retrospective or prospective budgeting cycle.
Thereafter, the income from this subsidy shall be budgeted according
to section 256J.34.
(b) The provisions of this subdivision shall not apply to
an MFIP assistance unit which includes a participant who is:
(1) age 60 or older;
(2) a caregiver who is suffering from an illness, injury,
or incapacity that has been certified by a qualified professional
when the illness, injury, or incapacity is expected to continue for more
than 30 days and prevents the person from obtaining or retaining
employment; or
(3) a caregiver whose presence in the home is required due
to the illness or incapacity of another member in the assistance unit,
a relative in the household, or a foster child in the household when the
illness or incapacity and the need for the participant's presence in the
home has been certified by a qualified professional and is expected to
continue for more than 30 days.
(c) The provisions of this subdivision shall not apply to
an MFIP assistance unit where the parental caregiver is an SSI recipient.
Sec. 45. Minnesota
Statutes 2002, section 256J.37, is amended by adding a subdivision to read:
Subd. 3b.
[TREATMENT OF SUPPLEMENTAL SECURITY INCOME.] Effective July 1, 2003,
the county shall reduce the cash portion of the MFIP grant by $175 per
SSI recipient who resides in the household, and who would otherwise be
included in the MFIP assistance unit under section 256J.24, subdivision
2, but is excluded solely due to the SSI recipient status under section
256J.24, subdivision 3, paragraph (a), clause (1). If the SSI recipient receives less than $175 of SSI, only
the amount received shall be used in calculating the MFIP cash assistance
payment. This provision does not apply
to relative caregivers who could elect to be included in the MFIP
assistance unit under section 256J.24, subdivision 4, unless the caregiver's
children or stepchildren are included in the MFIP assistance unit.
Sec. 46. Minnesota Statutes 2002, section 256J.37, subdivision 9, is
amended to read:
Subd. 9. [UNEARNED
INCOME.] (a) The county agency must apply unearned income to the MFIP
standard of need. When determining the
amount of unearned income, the county agency must deduct the costs necessary to
secure payments of unearned income.
These costs include legal fees, medical fees, and mandatory deductions
such as federal and state income taxes.
(b) Effective July 1, 2003, the county agency shall count $100
of the value of public and assisted rental subsidies provided through the
Department of Housing and Urban Development (HUD) as unearned income. The full amount of the subsidy must be
counted as unearned income when the subsidy is less than $100.
(c) The provisions of paragraph (b) shall not apply to MFIP
participants who are exempt from the employment and training services component
because they are:
(i) individuals who are age 60 or older;
(ii) individuals who are suffering from a professionally
certified permanent or temporary illness, injury, or incapacity which is
expected to continue for more than 30 days and which prevents the person from
obtaining or retaining employment; or
(iii) caregivers whose presence in the home is required because
of the professionally certified illness or incapacity of another member in the
assistance unit, a relative in the household, or a foster child in the
household.
(d) The provisions of paragraph (b) shall not apply to an
MFIP assistance unit where the parental caregiver receives supplemental
security income.
Sec. 47. Minnesota
Statutes 2002, section 256J.38, subdivision 3, is amended to read:
Subd. 3. [RECOVERING
OVERPAYMENTS FROM FORMER PARTICIPANTS.] A county agency must initiate
efforts to recover overpayments paid to a former participant or caregiver. Adults Caregivers, both parental
and nonparental, and minor caregivers of an assistance unit at the time an
overpayment occurs, whether receiving assistance or not, are jointly and
individually liable for repayment of the overpayment. The county agency must request repayment from the former
participants and caregivers. When an agreement for repayment is not
completed within six months of the date of discovery or when there is a default
on an agreement for repayment after six months, the county agency must initiate
recovery consistent with chapter 270A, or section 541.05. When a person has been convicted of fraud
under section 256.98, recovery must be sought regardless of the amount of
overpayment. When an overpayment is
less than $35, and is not the result of a fraud conviction under section
256.98, the county agency must not seek recovery under this subdivision. The
county agency must retain information about all overpayments regardless of the
amount. When an adult, adult
caregiver, or minor caregiver reapplies for assistance, the overpayment
must be recouped under subdivision 4.
Sec. 48. Minnesota
Statutes 2002, section 256J.38, subdivision 4, is amended to read:
Subd. 4. [RECOUPING OVERPAYMENTS
FROM PARTICIPANTS.] A participant may voluntarily repay, in part or in full, an
overpayment even if assistance is reduced under this subdivision, until the
total amount of the overpayment is repaid.
When an overpayment occurs due to fraud, the county agency must recover from
the overpaid assistance unit, including child only cases, ten
percent of the applicable standard or the amount of the monthly assistance
payment, whichever is less. When a nonfraud overpayment occurs, the county
agency must recover from the overpaid assistance unit, including child only
cases, three percent of the MFIP standard of need or the amount of the
monthly assistance payment, whichever is less.
Sec. 49. Minnesota Statutes 2002, section 256J.40, is amended to read:
256J.40 [FAIR HEARINGS.]
Caregivers receiving a notice of intent to sanction or a notice
of adverse action that includes a sanction, reduction in benefits, suspension
of benefits, denial of benefits, or termination of benefits may request a fair
hearing. A request for a fair hearing
must be submitted in writing to the county agency or to the commissioner and
must be mailed within 30 days after a participant or former participant
receives written notice of the agency's action or within 90 days when a
participant or former participant shows good cause for not submitting the
request within 30 days. A former
participant who receives a notice of adverse action due to an overpayment may
appeal the adverse action according to the requirements in this section. Issues that may be appealed are:
(1) the amount of the assistance payment;
(2) a suspension, reduction, denial, or termination of
assistance;
(3) the basis for an overpayment, the calculated amount of an
overpayment, and the level of recoupment;
(4) the eligibility for an assistance payment; and
(5) the use of protective or vendor payments under section
256J.39, subdivision 2, clauses (1) to (3).
Except for benefits issued under section 256J.95, a
county agency must not reduce, suspend, or terminate payment when an aggrieved
participant requests a fair hearing prior to the effective date of the adverse
action or within ten days of the mailing of the notice of adverse action,
whichever is later, unless the participant requests in writing not to receive
continued assistance pending a hearing decision. An appeal request cannot extend benefits for the
diversionary work program under section 256J.95 beyond the four-month
time limit. Assistance issued pending a fair hearing is subject to recovery
under section 256J.38 when as a result of the fair hearing decision the
participant is determined ineligible for assistance or the amount of the
assistance received. A county agency
may increase or reduce an assistance payment while an appeal is pending when
the circumstances of the participant change and are not related to the issue on
appeal. The commissioner's order is
binding on a county agency. No
additional notice is required to enforce the commissioner's order.
A county agency shall reimburse appellants for reasonable and
necessary expenses of attendance at the hearing, such as child care and
transportation costs and for the transportation expenses of the appellant's
witnesses and representatives to and from the hearing. Reasonable and necessary expenses do not
include legal fees. Fair hearings must
be conducted at a reasonable time and date by an impartial referee employed by
the department. The hearing may be
conducted by telephone or at a site that is readily accessible to persons with
disabilities.
The appellant may introduce new or additional evidence relevant
to the issues on appeal.
Recommendations of the appeals referee and decisions of the commissioner
must be based on evidence in the hearing record and are not limited to a review
of the county agency action.
Sec. 50. Minnesota
Statutes 2002, section 256J.42, subdivision 4, is amended to read:
Subd. 4. [VICTIMS OF
FAMILY VIOLENCE.] Any cash assistance received by an assistance unit in a month
when a caregiver complied with a safety plan, an alternative employment
plan, or an employment plan or after October 1, 2001, complied or
is complying with an alternative employment plan under section 256J.49
256J.521, subdivision 1a 3, does not count toward the
60-month limitation on assistance.
Sec. 51. Minnesota Statutes 2002, section 256J.42, subdivision 5, is
amended to read:
Subd. 5. [EXEMPTION FOR
CERTAIN FAMILIES.] (a) Any cash assistance received by an assistance unit does
not count toward the 60-month limit on assistance during a month in which the
caregiver is in the category in age 60 or older, including months
during which the caregiver was exempt under section 256J.56, paragraph (a),
clause (1).
(b) From July 1, 1997, until the date MFIP is operative in the
caregiver's county of financial responsibility, any cash assistance received by
a caregiver who is complying with Minnesota Statutes 1996, section 256.73,
subdivision 5a, and Minnesota Statutes 1998, section 256.736, if applicable,
does not count toward the 60-month limit on assistance. Thereafter, any cash assistance received by
a minor caregiver who is complying with the requirements of sections 256J.14
and 256J.54, if applicable, does not count towards the 60-month limit on
assistance.
(c) Any diversionary assistance or emergency assistance
received prior to July 1, 2003, does not count toward the 60-month
limit.
(d) Any cash assistance received by an 18- or 19-year-old
caregiver who is complying with the requirements of an employment
plan that includes an education option under section 256J.54 does not count
toward the 60-month limit.
(e) Payments provided to meet short-term emergency needs
under section 256J.626 and diversionary work program benefits provided
under section 256J.95 do not count toward the 60-month time limit.
Sec. 52. Minnesota
Statutes 2002, section 256J.42, subdivision 6, is amended to read:
Subd. 6. [CASE REVIEW.]
(a) Within 180 days, but not less than 60 days, before the end of the
participant's 60th month on assistance, the county agency or job counselor must
review the participant's case to determine if the employment plan is still
appropriate or if the participant is exempt under section 256J.56 from the
employment and training services component, and attempt to meet with the
participant face-to-face.
(b) During the face-to-face meeting, a county agency or the job
counselor must:
(1) inform the participant how many months of counted
assistance the participant has accrued and when the participant is expected to
reach the 60th month;
(2) explain the hardship extension criteria under section
256J.425 and what the participant should do if the participant thinks a
hardship extension applies;
(3) identify other resources that may be available to the
participant to meet the needs of the family; and
(4) inform the participant of the right to appeal the case
closure under section 256J.40.
(c) If a face-to-face meeting is not possible, the county
agency must send the participant a notice of adverse action as provided in
section 256J.31, subdivisions 4 and 5.
(d) Before a participant's case is closed under this section,
the county must ensure that:
(1) the case has been reviewed by the job counselor's
supervisor or the review team designated in by the county's
approved local service unit plan county to determine if the criteria
for a hardship extension, if requested, were applied appropriately; and
(2) the county agency or the job counselor attempted to meet
with the participant face-to-face.
Sec. 53. Minnesota Statutes 2002, section 256J.425, subdivision 1, is
amended to read:
Subdivision 1.
[ELIGIBILITY.] (a) To be eligible for a hardship extension, a
participant in an assistance unit subject to the time limit under section
256J.42, subdivision 1, in which any participant has received 60 counted
months of assistance, must be in compliance in the participant's 60th
counted month the participant is applying for the extension. For purposes of determining eligibility for
a hardship extension, a participant is in compliance in any month that the
participant has not been sanctioned.
(b) If one participant in a two-parent assistance unit is
determined to be ineligible for a hardship extension, the county shall
give the assistance unit the option of disqualifying the ineligible
participant from MFIP. In that case,
the assistance unit shall be treated as a one-parent assistance unit and
the assistance unit's MFIP grant shall be calculated using the shared
household standard under section 256J.08, subdivision 82a.
Sec. 54. Minnesota
Statutes 2002, section 256J.425, subdivision 1a, is amended to read:
Subd. 1a. [REVIEW.] If
a county grants a hardship extension under this section, a county agency shall
review the case every six or 12 months, whichever is appropriate based on the
participant's circumstances and the extension category. More frequent reviews shall be required
if eligibility for an extension is based on a condition that is subject
to change in less than six months.
Sec. 55. Minnesota Statutes
2002, section 256J.425, subdivision 2, is amended to read:
Subd. 2. [ILL OR
INCAPACITATED.] (a) An assistance unit subject to the time limit in section
256J.42, subdivision 1, in which any participant has received 60 counted
months of assistance, is eligible to receive months of assistance under a
hardship extension if the participant who reached the time limit belongs
to any of the following groups:
(1) participants who are suffering from a professionally
certified an illness, injury, or incapacity which has been certified
by a qualified professional when the illness, injury, or incapacity
is expected to continue for more than 30 days and which prevents the
person from obtaining or retaining employment and who are following. These participants must follow
the treatment recommendations of the health care provider qualified
professional certifying the illness, injury, or incapacity;
(2) participants whose presence in the home is required as a
caregiver because of a professionally certified the illness or
incapacity of another member in the assistance unit, a relative in the
household, or a foster child in the household and when the
illness or incapacity and the need for the participant's presence in
the home has been certified by a qualified professional and is
expected to continue for more than 30 days; or
(3) caregivers with a child or an adult in the household who
meets the disability or medical criteria for home care services under section
256B.0627, subdivision 1, paragraph (c) (f), or a home and
community-based waiver services program under chapter 256B, or meets the
criteria for severe emotional disturbance under section 245.4871, subdivision
6, or for serious and persistent mental illness under section 245.462,
subdivision 20, paragraph (c).
Caregivers in this category are presumed to be prevented from obtaining
or retaining employment.
(b) An assistance unit receiving assistance under a hardship
extension under this subdivision may continue to receive assistance as long as
the participant meets the criteria in paragraph (a), clause (1), (2), or (3).
Sec. 56. Minnesota
Statutes 2002, section 256J.425, subdivision 3, is amended to read:
Subd. 3.
[HARD-TO-EMPLOY PARTICIPANTS.] An assistance unit subject to the time
limit in section 256J.42, subdivision 1, in which any participant has
received 60 counted months of assistance, is eligible to receive months of
assistance under a hardship extension if the participant who reached the
time limit belongs to any of the following groups:
(1) a person who is diagnosed by a licensed physician,
psychological practitioner, or other qualified professional, as mentally
retarded or mentally ill, and that condition prevents the person from obtaining
or retaining unsubsidized employment;
(2) a person who:
(i) has been assessed by a vocational specialist or the county
agency to be unemployable for purposes of this subdivision; or
(ii) has an IQ below 80 who has been assessed by a vocational
specialist or a county agency to be employable, but not at a level that makes
the participant eligible for an extension under subdivision 4 or,. The determination of IQ level must be
made by a qualified professional.
In the case of a non-English-speaking person for whom it is not
possible to provide a determination due to language barriers or absence of
culturally appropriate assessment tools, is determined by a qualified
professional to have an IQ below 80. A
person is considered employable if positions of employment in the local labor
market exist, regardless of the current availability of openings for those
positions, that the person is capable of performing: (A) the determination must be made by a
qualified professional with experience conducting culturally appropriate
assessments, whenever possible; (B) the county may accept reports
that identify an IQ range as opposed to a specific score; (C) these
reports must include a statement of confidence in the results;
(3) a person who is determined by the county agency a
qualified professional to be learning disabled or, and the
disability severely limits the person's ability to obtain, perform,
or maintain suitable employment. For
purposes of the initial approval of a learning disability extension, the
determination must have been made or confirmed within the previous 12
months. In the case of a
non-English-speaking person for whom it is not possible to provide a medical
diagnosis due to language barriers or absence of culturally appropriate
assessment tools, is determined by a qualified professional to have a learning
disability. If a rehabilitation plan
for the person is developed or approved by the county agency, the plan must be
incorporated into the employment plan. However, a rehabilitation plan does not
replace the requirement to develop and comply with an employment plan under
section 256J.52. For purposes of this
section, "learning disabled" means the applicant or recipient has a
disorder in one or more of the psychological processes involved in perceiving,
understanding, or using concepts through verbal language or nonverbal
means. The disability must severely
limit the applicant or recipient in obtaining, performing, or maintaining
suitable employment. Learning disabled
does not include learning problems that are primarily the result of visual,
hearing, or motor handicaps; mental retardation; emotional disturbance; or due
to environmental, cultural, or economic disadvantage: (i) the determination must be made by a
qualified professional with experience conducting culturally appropriate
assessments, whenever possible; and (ii) these reports must include a
statement of confidence in the results.
If a rehabilitation plan for a participant extended as learning
disabled is developed or approved by the county agency, the plan must
be incorporated into the employment plan.
However, a rehabilitation plan does not replace the requirement
to develop and comply with an employment plan under section 256J.521;
or
(4) a person who is a victim of has been granted a
family violence as defined in section 256J.49, subdivision 2 waiver,
and who is participating in complying with an alternative
employment plan under section 256J.49 256J.521, subdivision 1a
3.
Sec. 57. Minnesota
Statutes 2002, section 256J.425, subdivision 4, is amended to read:
Subd. 4. [EMPLOYED
PARTICIPANTS.] (a) An assistance unit subject to the time limit under section
256J.42, subdivision 1, in which any participant has received 60 months of
assistance, is eligible to receive assistance under a hardship extension if
the participant who reached the time limit belongs to:
(1) a one-parent assistance unit in which the participant is
participating in work activities for at least 30 hours per week, of which an
average of at least 25 hours per week every month are spent participating in
employment;
(2) a two-parent assistance unit in which the participants are
participating in work activities for at least 55 hours per week, of which an
average of at least 45 hours per week every month are spent participating in
employment; or
(3) an assistance unit in which a participant is participating
in employment for fewer hours than those specified in clause (1), and the
participant submits verification from a health care provider qualified
professional, in a form acceptable to the commissioner, stating that the
number of hours the participant may work is limited due to illness or
disability, as long as the participant is participating in employment for at
least the number of hours specified by the health care provider qualified
professional. The participant must
be following the treatment recommendations of the health care provider qualified
professional providing the verification.
The commissioner shall develop a form to be completed and signed by the health
care provider qualified professional, documenting the
diagnosis and any additional information necessary to document the functional
limitations of the participant that limit work hours. If the participant is part of a two-parent assistance unit, the other
parent must be treated as a one-parent assistance unit for purposes of meeting
the work requirements under this subdivision.
(b) For purposes of this section, employment means:
(1) unsubsidized employment under section 256J.49, subdivision
13, clause (1);
(2) subsidized employment under section 256J.49, subdivision
13, clause (2);
(3) on-the-job training under section 256J.49, subdivision 13,
clause (4) (2);
(4) an apprenticeship under section 256J.49, subdivision 13,
clause (19) (1);
(5) supported work.
For purposes of this section, "supported work" means services
supporting a participant on the job which include, but are not limited to,
supervision, job coaching, and subsidized wages under section 256J.49,
subdivision 13, clause (2);
(6) a combination of clauses (1) to (5); or
(7) child care under section 256J.49, subdivision 13, clause (25)
(7), if it is in combination with paid employment.
(c) If a participant is complying with a child protection plan
under chapter 260C, the number of hours required under the child protection
plan count toward the number of hours required under this subdivision.
(d) The county shall provide the opportunity for subsidized
employment to participants needing that type of employment within available
appropriations.
(e) To be eligible for a hardship extension for employed
participants under this subdivision, a participant assistance unit fails to be in
compliance ten out of the 12 months immediately preceding the participant's
61st month, the county shall give the assistance unit the option of
disqualifying the noncompliant parent.
If the noncompliant participant is disqualified, the assistance unit
must be treated as a one-parent assistance unit for the purposes of meeting the
work requirements under this subdivision and the assistance unit's MFIP grant
shall be calculated using the shared household standard under section 256J.08,
subdivision 82a. in a one-parent
assistance unit or both parents in a two-parent assistance unit must be in
compliance for at least ten out of the 12 months immediately preceding the
participant's 61st month on assistance.
If only one parent in a two-parent
(f) The employment plan developed under section 256J.52 256J.521,
subdivision 5 2, for participants under this subdivision must
contain the number of hours specified in paragraph (a) related to employment
and work activities. The job counselor
and the participant must sign the employment plan to indicate agreement between
the job counselor and the participant on the contents of the plan.
(g) Participants who fail to meet the requirements in paragraph
(a), without good cause under section 256J.57, shall be sanctioned or
permanently disqualified under subdivision 6. Good cause may only be granted
for that portion of the month for which the good cause reason applies. Participants must meet all remaining
requirements in the approved employment plan or be subject to sanction or
permanent disqualification.
(h) If the noncompliance with an employment plan is due to the
involuntary loss of employment, the participant is exempt from the hourly
employment requirement under this subdivision for one month. Participants must meet all remaining
requirements in the approved employment plan or be subject to sanction or
permanent disqualification. This
exemption is available to one-parent assistance units a participant
two times in a 12-month period, and two-parent assistance units, two times
per parent in a 12-month period.
(i) This subdivision expires on June 30, 2004.
Sec. 58. Minnesota Statutes
2002, section 256J.425, subdivision 6, is amended to read:
Subd. 6. [SANCTIONS FOR
EXTENDED CASES.] (a) If one or both participants in an assistance unit
receiving assistance under subdivision 3 or 4 are not in compliance with the
employment and training service requirements in sections 256J.52 256J.521
to 256J.55 256J.57, the sanctions under this subdivision
apply. For a first occurrence of
noncompliance, an assistance unit must be sanctioned under section 256J.46,
subdivision 1, paragraph (d) (c), clause (1). For a second or third occurrence of
noncompliance, the assistance unit must be sanctioned under section 256J.46,
subdivision 1, paragraph (d) (c), clause (2). For a fourth occurrence of noncompliance,
the assistance unit is disqualified from MFIP. If a participant is determined
to be out of compliance, the participant may claim a good cause exception under
section 256J.57, however, the participant may not claim an exemption under
section 256J.56.
(b) If both participants in a two-parent assistance unit are
out of compliance at the same time, it is considered one occurrence of
noncompliance.
Sec. 59. Minnesota
Statutes 2002, section 256J.425, subdivision 7, is amended to read:
Subd. 7. [STATUS OF
DISQUALIFIED PARTICIPANTS.] (a) An assistance unit that is disqualified under
subdivision 6, paragraph (a), may be approved for MFIP if the participant
complies with MFIP program requirements and demonstrates compliance for up to
one month. No assistance shall be paid
during this period.
(b) An assistance unit that is disqualified under subdivision
6, paragraph (a), and that reapplies under paragraph (a) is subject to sanction
under section 256J.46, subdivision 1, paragraph (d) (c), clause
(1), for a first occurrence of noncompliance. A subsequent occurrence of noncompliance results in a permanent
disqualification.
(c) If one participant in a two-parent assistance unit
receiving assistance under a hardship extension under subdivision 3 or 4 is
determined to be out of compliance with the employment and training services
requirements under sections 256J.52 256J.521 to 256J.55 256J.57,
the county shall give the assistance unit the option of disqualifying the
noncompliant participant from MFIP. In
that case, the assistance unit shall be treated as a one-parent assistance unit
for the purposes of meeting the work requirements under subdivision 4 and the
assistance unit's MFIP grant shall be calculated using the shared household
standard under section 256J.08, subdivision 82a. An applicant who is disqualified from receiving assistance under
this paragraph may reapply under paragraph (a). If a participant is disqualified from MFIP under this subdivision
a second time, the participant is permanently disqualified from MFIP.
(d) Prior to a disqualification under this subdivision, a
county agency must review the participant's case to determine if the employment
plan is still appropriate and attempt to meet with the participant
face-to-face. If a face-to-face meeting
is not conducted, the county agency must send the participant a notice of
adverse action as provided in section 256J.31.
During the face-to-face meeting, the county agency must:
(1) determine whether the continued noncompliance can be
explained and mitigated by providing a needed preemployment activity, as
defined in section 256J.49, subdivision 13, clause (16), or services under a
local intervention grant for self-sufficiency under section 256J.625 (9);
(2) determine whether the participant qualifies for a good
cause exception under section 256J.57;
(3) inform the participant of the family violence waiver
criteria and make appropriate referrals if the waiver is requested;
(4) inform the participant of the participant's sanction
status and explain the consequences of continuing noncompliance;
(4) (5) identify other resources that may be
available to the participant to meet the needs of the family; and
(5) (6) inform the participant of the right to
appeal under section 256J.40.
Sec. 60. Minnesota
Statutes 2002, section 256J.45, subdivision 2, is amended to read:
Subd. 2. [GENERAL
INFORMATION.] The MFIP orientation must consist of a presentation that informs
caregivers of:
(1) the necessity to obtain immediate employment;
(2) the work incentives under MFIP, including the availability
of the federal earned income tax credit and the Minnesota working family tax
credit;
(3) the requirement to comply with the employment plan and
other requirements of the employment and training services component of MFIP, including
a description of the range of work and training activities that are allowable
under MFIP to meet the individual needs of participants;
(4) the consequences for failing to comply with the employment
plan and other program requirements, and that the county agency may not impose
a sanction when failure to comply is due to the unavailability of child care or
other circumstances where the participant has good cause under subdivision 3;
(5) the rights, responsibilities, and obligations of participants;
(6) the types and locations of child
care services available through the county agency;
(7) the availability and the benefits of the early childhood
health and developmental screening under sections 121A.16 to 121A.19; 123B.02,
subdivision 16; and 123B.10;
(8) the caregiver's eligibility for transition year child care
assistance under section 119B.05;
(9) the caregiver's eligibility for extended medical
assistance when the caregiver loses eligibility for MFIP due to increased
earnings or increased child or spousal support the availability
of all health care programs, including transitional medical assistance;
(10) the caregiver's option to choose an employment and
training provider and information about each provider, including but not limited
to, services offered, program components, job placement rates, job placement
wages, and job retention rates;
(11) the caregiver's option to request approval of an education
and training plan according to section 256J.52 256J.53;
(12) the work study programs available under the higher
education system; and
(13) effective October 1, 2001, information about the
60-month time limit exemption and waivers of regular employment and training
requirements for family violence victims exemptions under the
family violence waiver and referral information about shelters and programs
for victims of family violence.
Sec. 61. Minnesota
Statutes 2002, section 256J.46, subdivision 1, is amended to read:
Subdivision 1.
[PARTICIPANTS NOT COMPLYING WITH PROGRAM REQUIREMENTS.] (a) A
participant who fails without good cause under section 256J.57 to comply
with the requirements of this chapter, and who is not subject to a sanction
under subdivision 2, shall be subject to a sanction as provided in this
subdivision. Prior to the imposition of
a sanction, a county agency shall provide a notice of intent to sanction under
section 256J.57, subdivision 2, and, when applicable, a notice of adverse
action as provided in section 256J.31.
(b) A participant who fails to comply with an alternative
employment plan must have the plan reviewed by a person trained in domestic
violence and a job counselor or the county agency to determine if components of
the alternative employment plan are still appropriate. If the activities are no longer appropriate,
the plan must be revised with a person trained in domestic violence and
approved by a job counselor or the county agency. A participant who fails to
comply with a plan that is determined not to need revision will lose their exemption
and be required to comply with regular employment services activities.
(c) A sanction under this subdivision becomes effective
the month following the month in which a required notice is given. A sanction
must not be imposed when a participant comes into compliance with the
requirements for orientation under section 256J.45 or third-party liability
for medical services under section 256J.30, subdivision 10, prior to the
effective date of the sanction. A
sanction must not be imposed when a participant comes into compliance with the
requirements for employment and training services under sections 256J.49
256J.515 to 256J.55 256J.57 ten days prior to the
effective date of the sanction. For
purposes of this subdivision, each month that a participant fails to comply
with a requirement of this chapter shall be considered a separate occurrence of
noncompliance. A participant who has
had one or more sanctions imposed must remain in compliance with the provisions
of this chapter for six months in order for a subsequent occurrence of
noncompliance to be considered a first occurrence. If both participants in a two-parent
assistance unit are out of compliance at the same time, it is considered
one occurrence of noncompliance.
(d) (c) Sanctions for
noncompliance shall be imposed as follows:
(1) For the first occurrence of noncompliance by a participant
in an assistance unit, the assistance unit's grant shall be reduced by ten
percent of the MFIP standard of need for an assistance unit of the same size with
the residual grant paid to the participant.
The reduction in the grant amount must be in effect for a minimum of one
month and shall be removed in the month following the month that the
participant returns to compliance.
(2) For a second or subsequent, third, fourth, fifth,
or sixth occurrence of noncompliance by a participant in an
assistance unit, or when each of the participants in a two-parent assistance
unit have a first occurrence of noncompliance at the same time, the
assistance unit's shelter costs shall be vendor paid up to the amount of the
cash portion of the MFIP grant for which the assistance unit is eligible. At county option, the assistance unit's
utilities may also be vendor paid up to the amount of the cash portion of the
MFIP grant remaining after vendor payment of the assistance unit's shelter
costs. The residual amount of the grant
after vendor payment, if any, must be reduced by an amount equal to 30 percent
of the MFIP standard of need for an assistance unit of the same size before the
residual grant is paid to the assistance unit.
The reduction in the grant amount must be in effect for a minimum of one
month and shall be removed in the month following the month that the
participant in a one-parent assistance unit returns to compliance. In a two-parent assistance unit, the grant
reduction must be in effect for a minimum of one month and shall be removed in
the month following the month both participants return to compliance. The vendor payment of shelter costs and, if
applicable, utilities shall be removed six months after the month in which the
participant or participants return to compliance. If an assistance unit is sanctioned under this clause, the
participant's case file must be reviewed as required under paragraph (e)
to determine if the employment plan is still appropriate.
(e) When a sanction under paragraph (d), clause (2), is in
effect (d) For a seventh occurrence of noncompliance by a participant
in an assistance unit, or when the participants in a two-parent assistance
unit have a total of seven occurrences of noncompliance, the county
agency shall close the MFIP assistance unit's financial assistance case,
both the cash and food portions.
The case must remain closed for a minimum of one full month. Closure under this paragraph does not make a
participant automatically ineligible for food support, if otherwise
eligible. Before the case is closed, the county agency must review
the participant's case to determine if the employment plan is still appropriate
and attempt to meet with the participant face-to-face. The participant may bring an advocate to the
face-to-face meeting. If a face-to-face
meeting is not conducted, the county agency must send the participant a written
notice that includes the information required under clause (1).
(1) During the face-to-face meeting, the county agency must:
(i) determine whether the continued noncompliance can be
explained and mitigated by providing a needed preemployment activity, as
defined in section 256J.49, subdivision 13, clause (16), or services under a
local intervention grant for self-sufficiency under section 256J.625 (9);
(ii) determine whether the participant qualifies for a good
cause exception under section 256J.57, or if the sanction is for noncooperation
with child support requirements, determine if the participant qualifies
for a good cause exemption under section 256.741, subdivision 10;
(iii) determine whether the participant qualifies for an
exemption under section 256J.56 or the work activities in the employment
plan are appropriate based on the criteria in section 256J.521,
subdivision 2 or 3;
(iv) determine whether the participant qualifies for an
exemption from regular employment services requirements for victims of family
violence under section 256J.52, subdivision 6 determine whether the
participant qualifies for the family violence waiver;
(v) inform the participant of the participant's sanction status
and explain the consequences of continuing noncompliance;
(vi) identify other resources that may
be available to the participant to meet the needs of the family; and
(vii) inform the participant of the right to appeal under
section 256J.40.
(2) If the lack of an identified activity or service can
explain the noncompliance, the county must work with the participant to provide
the identified activity, and the county must restore the participant's grant
amount to the full amount for which the assistance unit is eligible. The grant must be restored retroactively to
the first day of the month in which the participant was found to lack
preemployment activities or to qualify for an exemption under section 256J.56,
a good cause exception under section 256J.57, or an exemption for victims of
family violence under section 256J.52, subdivision 6.
(3) If the participant is found to qualify for a good cause
exception or an exemption, the county must restore the participant's grant to
the full amount for which the assistance unit is eligible. The grant must be restored to the full
amount for which the assistance unit is eligible retroactively to the
first day of the month in which the participant was found to lack
preemployment activities or to qualify for an exemption under section
256J.56, a family violence waiver, or for a good cause exemption under
section 256.741, subdivision 10, or 256J.57.
(e) For the purpose of applying sanctions under this section,
only occurrences of noncompliance that occur after the effective date of
this section shall be considered. If
the participant is in 30 percent sanction in the month this section takes
effect, that month counts as the first occurrence for purposes of
applying the sanctions under this section, but the sanction shall remain
at 30 percent for that month.
(f) An assistance unit whose case is closed under paragraph
(d) or (g), or under an approved county option sanction plan under
section 256J.462 in effect June 30, 2003, or a county pilot project
under Laws 2000, chapter 488, article 10, section 29, in effect June 30,
2003, may reapply for MFIP and shall be eligible if the participant
complies with MFIP program requirements and demonstrates compliance for
up to one month. No assistance shall be paid during this period.
(g) An assistance unit whose case has been closed for noncompliance,
that reapplies under paragraph (f) is subject to sanction under
paragraph (c), clause (2), for a first occurrence of noncompliance. Any subsequent occurrence of noncompliance
shall result in case closure under paragraph (d).
Sec. 62. Minnesota
Statutes 2002, section 256J.46, subdivision 2, is amended to read:
Subd. 2. [SANCTIONS FOR
REFUSAL TO COOPERATE WITH SUPPORT REQUIREMENTS.] The grant of an MFIP caregiver
who refuses to cooperate, as determined by the child support enforcement
agency, with support requirements under section 256.741, shall be subject to
sanction as specified in this subdivision and subdivision 1. For a first occurrence of noncooperation,
the assistance unit's grant must be reduced by 25 30 percent of
the applicable MFIP standard of need. Subsequent
occurrences of noncooperation shall be subject to sanction under
subdivision 1, paragraphs (c), clause (2), and (d). The residual amount of the grant, if any,
must be paid to the caregiver. A
sanction under this subdivision becomes effective the first month following the
month in which a required notice is given.
A sanction must not be imposed when a caregiver comes into compliance
with the requirements under section 256.741 prior to the effective date of the
sanction. The sanction shall be removed
in the month following the month that the caregiver cooperates with the support
requirements. Each month that an MFIP
caregiver fails to comply with the requirements of section 256.741 must be
considered a separate occurrence of noncompliance for the purpose of
applying sanctions under subdivision 1, paragraphs (c), clause (2), and
(d). An MFIP caregiver who has
had one or more sanctions imposed must remain in compliance with the
requirements of section 256.741 for six months in order for a subsequent
sanction to be considered a first occurrence.
Sec. 63. Minnesota Statutes 2002, section 256J.46, subdivision 2a, is
amended to read:
Subd. 2a. [DUAL
SANCTIONS.] (a) Notwithstanding the provisions of subdivisions 1 and 2, for a
participant subject to a sanction for refusal to comply with child support
requirements under subdivision 2 and subject to a concurrent sanction for
refusal to cooperate with other program requirements under subdivision 1,
sanctions shall be imposed in the manner prescribed in this subdivision.
A participant who has had one or more sanctions imposed
under this subdivision must remain in compliance with the provisions of this
chapter for six months in order for a subsequent occurrence of noncompliance to
be considered a first occurrence.
Any vendor payment of shelter costs or utilities under this subdivision
must remain in effect for six months after the month in which the participant
is no longer subject to sanction under subdivision 1.
(b) If the participant was subject to sanction for:
(i) noncompliance under subdivision 1 before being subject to
sanction for noncooperation under subdivision 2; or
(ii) noncooperation under subdivision 2 before being subject to
sanction for noncompliance under subdivision 1, the participant is considered
to have a second occurrence of noncompliance and shall be sanctioned as
provided in subdivision 1, paragraph (d) (c), clause (2). Each subsequent occurrence of noncompliance
shall be considered one additional occurrence and shall be subject to the
applicable level of sanction under subdivision 1, paragraph (d), or section
256J.462. The requirement that the
county conduct a review as specified in subdivision 1, paragraph (e) (d),
remains in effect.
(c) A participant who first becomes subject to sanction under
both subdivisions 1 and 2 in the same month is subject to sanction as follows:
(i) in the first month of noncompliance and noncooperation, the
participant's grant must be reduced by 25 30 percent of the
applicable MFIP standard of need, with any residual amount paid to the
participant;
(ii) in the second and subsequent months of noncompliance and
noncooperation, the participant shall be subject to the applicable level of
sanction under subdivision 1, paragraph (d), or section 256J.462.
The requirement that the county conduct a review as specified
in subdivision 1, paragraph (e) (d), remains in effect.
(d) A participant remains subject to sanction under subdivision
2 if the participant:
(i) returns to compliance and is no longer subject to sanction under
subdivision 1 or section 256J.462 for noncompliance with section
256J.45 or sections 256J.515 to 256J.57; or
(ii) has the sanction under subdivision 1, paragraph (d), or
section 256J.462 for noncompliance with section 256J.45 or sections
256J.515 to 256J.57 removed upon completion of the review under subdivision
1, paragraph (e).
A participant remains subject to the applicable level of
sanction under subdivision 1, paragraph (d), or section 256J.462 if the
participant cooperates and is no longer subject to sanction under subdivision
2.
Sec. 64. Minnesota
Statutes 2002, section 256J.49, subdivision 4, is amended to read:
Subd. 4. [EMPLOYMENT
AND TRAINING SERVICE PROVIDER.] "Employment and training service
provider" means:
(1) a public, private, or nonprofit
employment and training agency certified by the commissioner of economic
security under sections 268.0122, subdivision 3, and 268.871, subdivision 1, or
is approved under section 256J.51 and is included in the county plan service
agreement submitted under section 256J.50 256J.626,
subdivision 7 4;
(2) a public, private, or nonprofit agency that is not
certified by the commissioner under clause (1), but with which a county has
contracted to provide employment and training services and which is included in
the county's plan service agreement submitted under
section 256J.50 256J.626, subdivision 7 4; or
(3) a county agency, if the county has opted to provide
employment and training services and the county has indicated that fact in the plan
service agreement submitted under section 256J.50 256J.626,
subdivision 7 4.
Notwithstanding section 268.871, an employment and training
services provider meeting this definition may deliver employment and training
services under this chapter.
Sec. 65. Minnesota
Statutes 2002, section 256J.49, subdivision 5, is amended to read:
Subd. 5. [EMPLOYMENT
PLAN.] "Employment plan" means a plan developed by the job counselor
and the participant which identifies the participant's most direct path to
unsubsidized employment, lists the specific steps that the caregiver will take
on that path, and includes a timetable for the completion of each step. The plan should also identify any
subsequent steps that support long-term economic stability. For participants who request and
qualify for a family violence waiver, an employment plan must be
developed by the job counselor, the participant, and a person trained in
domestic violence and follow the employment plan provisions in section
256J.521, subdivision 3.
Sec. 66. Minnesota
Statutes 2002, section 256J.49, is amended by adding a subdivision to read:
Subd. 6a.
[FUNCTIONAL WORK LITERACY.] "Functional work literacy"
means an intensive English as a second language program that is work
focused and offers at least 20 hours of class time per week.
Sec. 67. Minnesota
Statutes 2002, section 256J.49, subdivision 9, is amended to read:
Subd. 9. [PARTICIPANT.]
"Participant" means a recipient of MFIP assistance who participates
or is required to participate in employment and training services under
sections 256J.515 to 256J.57 and 256J.95.
Sec. 68. Minnesota
Statutes 2002, section 256J.49, is amended by adding a subdivision to read:
Subd. 12a.
[SUPPORTED WORK.] "Supported work" means a subsidized
or unsubsidized work experience placement with a public or private
sector employer, which may include services such as individualized
supervision and job coaching to support the participant on the job.
Sec. 69. Minnesota
Statutes 2002, section 256J.49, subdivision 13, is amended to read:
Subd. 13. [WORK
ACTIVITY.] "Work activity" means any activity in a participant's
approved employment plan that is tied to the participant's leads to
employment goal. For purposes of
the MFIP program, any activity that is included in a participant's approved
employment plan meets this includes activities that meet the
definition of work activity as counted under the federal
participation standards requirements of TANF. Work activity
includes, but is not limited to:
(1) unsubsidized employment, including work study and paid
apprenticeships or internships;
(2) subsidized private sector or public sector employment,
including grant diversion as specified in section 256J.69, on-the-job
training as specified in section 256J.66, the self-employment investment
demonstration program (SEID) as specified in section 256J.65, paid work
experience, and supported work when a wage subsidy is provided;
(3) unpaid work experience, including CWEP community
service, volunteer work, the community work experience program as
specified in section 256J.67, unpaid apprenticeships or internships,
and including work associated with the refurbishing of publicly assisted
housing if sufficient private sector employment is not available supported
work when a wage subsidy is not provided;
(4) on-the-job training as specified in section 256J.66 job
search including job readiness assistance, job clubs, job placement,
job-related counseling, and job retention services;
(5) job search, either supervised or unsupervised;
(6) job readiness assistance;
(7) job clubs, including job search workshops;
(8) job placement;
(9) job development;
(10) job-related counseling;
(11) job coaching;
(12) job retention services;
(13) job-specific training or education;
(14) job skills training directly related to employment;
(15) the self-employment investment demonstration (SEID), as
specified in section 256J.65;
(16) preemployment activities, based on availability and
resources, such as volunteer work, literacy programs and related activities,
citizenship classes, English as a second language (ESL) classes as limited by
the provisions of section 256J.52, subdivisions 3, paragraph (d), and 5,
paragraph (c), or participation in dislocated worker services, chemical
dependency treatment, mental health services, peer group networks, displaced
homemaker programs, strength-based resiliency training, parenting education, or
other programs designed to help families reach their employment goals and
enhance their ability to care for their children;
(17) community service programs;
(18) vocational educational training or educational programs
that can reasonably be expected to lead to employment, as limited by the
provisions of section 256J.53;
(19) apprenticeships;
(20) satisfactory attendance in general educational
development diploma classes or an adult diploma program;
(21) satisfactory attendance at secondary school, if the
participant has not received a high school diploma;
(22) adult basic education classes;
(23) internships;
(24) bilingual employment and training services;
(25) providing child care services to a participant who is
working in a community service program; and
(26) activities included in an alternative employment plan
that is developed under section 256J.52, subdivision 6.
(5) job readiness education, including English as a second
language (ESL) or functional work literacy classes as limited by the provisions
of section 256J.531, subdivision 2, general educational development
(GED) course work, high school completion, and adult basic education as
limited by the provisions of section 256J.531, subdivision 1;
(6) job skills training directly related to employment, including
education and training that can reasonably be expected to lead to
employment, as limited by the provisions of section 256J.53;
(7) providing child care services to a participant who is
working in a community service program;
(8) activities included in the employment plan that is developed
under section 256J.521, subdivision 3; and
(9) preemployment activities including chemical and mental
health assessments, treatment, and services; learning disabilities
services; child protective services; family stabilization services; or
other programs designed to enhance employability.
Sec. 70. Minnesota
Statutes 2002, section 256J.50, subdivision 1, is amended to read:
Subdivision 1.
[EMPLOYMENT AND TRAINING SERVICES COMPONENT OF MFIP.] (a) By January
1, 1998, Each county must develop and implement provide an
employment and training services component of MFIP which is designed to
put participants on the most direct path to unsubsidized employment. Participation in these services is mandatory
for all MFIP caregivers, unless the caregiver is exempt under section 256J.56.
(b) A county must provide employment and training services
under sections 256J.515 to 256J.74 within 30 days after the caregiver's
participation becomes mandatory under subdivision 5 or within 30 days of
receipt of a request for services from a caregiver who under section 256J.42 is
no longer eligible to receive MFIP but whose income is below 120 percent of the
federal poverty guidelines for a family of the same size. The request must be made within 12 months of
the date the caregivers' MFIP case was closed caregiver is determined
eligible for MFIP, or within five days when the caregiver participated
in the diversionary work program under section 256J.95 within the past
12 months.
Sec. 71. Minnesota
Statutes 2002, section 256J.50, subdivision 8, is amended to read:
Subd. 8. [COUNTY DUTY
TO ENSURE EMPLOYMENT AND TRAINING CHOICES FOR PARTICIPANTS.] Each county, or
group of counties working cooperatively, shall make available to participants
the choice of at least two employment and training service providers as defined
under section 256J.49, subdivision 4, except in counties utilizing workforce
centers that use multiple employment and training services, offer multiple
services options under a collaborative effort and can document that
participants have choice among employment and training services designed to
meet specialized needs. The
requirements of this subdivision do not apply to the diversionary work program
under section 256J.95.
Sec. 72. Minnesota
Statutes 2002, section 256J.50, subdivision 9, is amended to read:
Subd. 9. [EXCEPTION;
FINANCIAL HARDSHIP.] Notwithstanding subdivision 8, a county that explains in
the plan service agreement required under section
256J.626, subdivision 7 4, that the provision of alternative
employment and training service providers would result in financial hardship
for the county is not required to make available more than one employment and
training provider.
Sec. 73. Minnesota
Statutes 2002, section 256J.50, subdivision 10, is amended to read:
Subd. 10. [REQUIRED
NOTIFICATION TO VICTIMS OF FAMILY VIOLENCE.] (a) County agencies and
their contractors must provide universal notification to all applicants and recipients
of MFIP that:
(1) referrals to counseling and supportive services are
available for victims of family violence;
(2) nonpermanent resident battered individuals married to
United States citizens or permanent residents may be eligible to petition for
permanent residency under the federal Violence Against Women Act, and that
referrals to appropriate legal services are available;
(3) victims of family violence are exempt from the 60-month
limit on assistance while the individual is if they are complying
with an approved safety plan or, after October 1, 2001, an alternative
employment plan, as defined in under section 256J.49 256J.521,
subdivision 1a 3; and
(4) victims of family violence may choose to have regular work
requirements waived while the individual is complying with an alternative
employment plan as defined in under section 256J.49 256J.521,
subdivision 1a 3.
(b) If an alternative employment plan under
section 256J.521, subdivision 3, is denied, the county or a job
counselor must provide reasons why the plan is not approved and document how
the denial of the plan does not interfere with the safety of the participant or
children.
Notification must be in writing and orally at the time of
application and recertification, when the individual is referred to the title
IV-D child support agency, and at the beginning of any job training or work
placement assistance program.
Sec. 74. Minnesota
Statutes 2002, section 256J.51, subdivision 1, is amended to read:
Subdivision 1. [PROVIDER
APPLICATION.] An employment and training service provider that is not included
in a county's plan service agreement under section 256J.50
256J.626, subdivision 7 4, because the county has
demonstrated financial hardship under section 256J.50, subdivision 9 of
that section, may appeal its exclusion to the commissioner of economic
security under this section.
Sec. 75. Minnesota
Statutes 2002, section 256J.51, subdivision 2, is amended to read:
Subd. 2. [APPEAL;
ALTERNATE APPROVAL.] (a) An employment and training service provider that is
not included by a county agency in the plan service agreement
under section 256J.50 256J.626, subdivision 7 4,
and that meets the criteria in paragraph (b), may appeal its exclusion to the
commissioner of economic security, and may request alternative approval by the
commissioner of economic security to provide services in the county.
(b) An employment and training services provider that is
requesting alternative approval must demonstrate to the commissioner that the
provider meets the standards specified in section 268.871, subdivision 1,
paragraph (b), except that the provider's past experience may be in services
and programs similar to those specified in section 268.871, subdivision 1,
paragraph (b).
Sec. 76. Minnesota
Statutes 2002, section 256J.51, subdivision 3, is amended to read:
Subd. 3.
[COMMISSIONER'S REVIEW.] (a) The commissioner must act on a request for
alternative approval under this section within 30 days of the receipt of the
request. If after reviewing the
provider's request, and the county's plan service agreement
submitted under section 256J.50 256J.626, subdivision 7 4,
the commissioner determines that the provider meets the criteria under
subdivision 2, paragraph (b), and that approval of the provider would not cause
financial hardship to the county, the county must submit a revised plan service
agreement under subdivision 4 that includes the approved provider.
(b) If the commissioner determines that the approval of the
provider would cause financial hardship to the county, the commissioner must
notify the provider and the county of this determination. The alternate approval process under this
section shall be closed to other requests for alternate approval to provide
employment and training services in the county for up to 12 months from the
date that the commissioner makes a determination under this paragraph.
Sec. 77. Minnesota
Statutes 2002, section 256J.51, subdivision 4, is amended to read:
Subd. 4. [REVISED PLAN
SERVICE AGREEMENT REQUIRED.] The commissioner of economic security must
notify the county agency when the commissioner grants an alternative approval
to an employment and training service provider under subdivision 2. Upon
receipt of the notice, the county agency must submit a revised plan service
agreement under section 256J.50 256J.626, subdivision 7
4, that includes the approved provider.
The county has 90 days from the receipt of the commissioner's notice to
submit the revised plan service agreement.
Sec. 78. [256J.521]
[ASSESSMENT; EMPLOYMENT PLANS.]
Subdivision 1.
[ASSESSMENTS.] (a) For purposes of MFIP employment services,
assessment is a continuing process of gathering information related to
employability for the purpose of identifying both participant's
strengths and strategies for coping with issues that interfere with
employment. The job counselor
must use information from the assessment process to develop and update
the employment plan under subdivision 2.
(b) The scope of assessment must cover at least the following
areas:
(1) basic information about the participant's ability to
obtain and retain employment, including:
a review of the participant's education level; interests, skills,
and abilities; prior employment or work experience; transferable work
skills; child care and transportation needs;
(2) identification of personal and family circumstances that
impact the participant's ability to obtain and retain employment,
including: any special needs of the
children, the level of English proficiency, family violence issues, and
any involvement with social services or the legal system;
(3) the results of a mental and chemical health screening
tool designed by the commissioner and results of the brief screening
tool for special learning needs.
Screening for mental and chemical health and special learning
needs must be completed by participants who are unable to find suitable
employment after six weeks of job search under subdivision 2, paragraph
(b), and participants who are determined to have barriers to employment
under subdivision 2, paragraph (d).
Failure to complete the screens will result in sanction under
section 256J.46; and
(4) a comprehensive review of participation and progress
for participants who have received MFIP assistance and have not worked
in unsubsidized employment during the past 12 months. The purpose of the
review is to determine the need for additional services and supports,
including placement in subsidized employment or unpaid work experience
under section 256J.49, subdivision 13.
(c) Information gathered during a caregiver's
participation in the diversionary work program under section 256J.95
must be incorporated into the assessment process.
(d) The job counselor may require the participant to complete
a professional chemical use assessment to be performed according to the
rules adopted under section 254A.03, subdivision 3, including provisions
in the administrative rules which recognize the cultural background of
the participant, or a professional psychological assessment as a
component of the assessment process, when the job counselor has a
reasonable belief, based on objective evidence, that a participant's
ability to obtain and retain suitable employment is impaired by a
medical condition. The job counselor
may assist the participant with arranging services, including child care
assistance and transportation, necessary to meet needs identified by
the assessment. Data gathered as part
of a professional assessment must be classified and disclosed according
to the provisions in section 13.46.
Subd. 2.
[EMPLOYMENT PLAN; CONTENTS.] (a) Based on the assessment under
subdivision 1, the job counselor and the participant must develop an
employment plan that includes participation in activities and hours that
meet the requirements of section 256J.55, subdivision 1. The purpose of the employment plan is
to identify for each participant the most direct path to unsubsidized
employment and any subsequent steps that support long-term economic
stability. The employment plan should
be developed using the highest level of activity appropriate for the
participant. Activities must be chosen
from clauses (1) to (6), which are listed in order of preference. The
employment plan must also list the specific steps the participant will
take to obtain employment, including steps necessary for the participant
to progress from one level of activity to another, and a timetable for
completion of each step. Levels
of activity include:
(1) unsubsidized employment;
(2) job search;
(3) subsidized employment or unpaid work experience;
(4) unsubsidized employment and job readiness education or
job skills training;
(5) unsubsidized employment or unpaid work experience, and
activities related to a family violence waiver or preemployment needs;
and
(6) activities related to a family violence waiver or preemployment
needs.
(b) Participants who are determined able to work in unsubsidized
employment must job search at least 30 hours per week for up to six
weeks, and accept any offer of suitable employment. The remaining hours necessary to meet the
requirements of section 256J.55, subdivision 1, may be met through
participation in other work activities under section 256J.49,
subdivision 13. The participant's
employment plan must specify, at a minimum: (1) whether the job search is supervised or unsupervised;
(2) support services that will be provided; and (3) how frequently the
participant must report to the job counselor. Participants who are unable to find suitable employment
after six weeks must meet with the job counselor to determine whether
other activities in paragraph (a) should be incorporated into the
employment plan. Job search activities
which are continued after six weeks must be structured and supervised.
(c) Beginning July 1, 2004, activities and hourly requirements
in the employment plan may be adjusted as necessary to accommodate the
personal and family circumstances of participants identified under
section 256J.561, subdivision 2, paragraph (d). Participants who no longer meet the
provisions of section 256J.561, subdivision 2, paragraph (d), must meet
with the job counselor within ten days of the determination to revise
the employment plan.
(d) Participants who are determined
to have barriers to obtaining or retaining employment that will not be
overcome during six weeks of job search under paragraph (b) must work
with the job counselor to develop an employment plan that addresses
those barriers by incorporating appropriate activities from paragraph (a),
clauses (1) to (6). The employment plan
must include enough hours to meet the participation requirements in
section 256J.55, subdivision 1, unless a compelling reason to require
fewer hours is noted in the participant's file.
(e) The job counselor and the participant must sign the employment
plan to indicate agreement on the contents.
Failure to develop or comply with activities in the plan, or
voluntarily quitting suitable employment without good cause, will result
in the imposition of a sanction under section 256J.46.
(f) Employment plans must be reviewed at least every three
months to determine whether activities and hourly requirements should
be revised.
Subd. 3.
[EMPLOYMENT PLAN; FAMILY VIOLENCE WAIVER.] (a) A participant
who requests and qualifies for a family violence waiver shall develop or
revise the employment plan as specified in this subdivision with a job
counselor or county, and a person trained in domestic violence. The revised or new employment plan
must be approved by the county or the job counselor. The plan may address safety, legal, or emotional issues,
and other demands on the family as a result of the family violence. Information
in section 256J.515, clauses (1) to (8), must be included as part of the
development of the plan.
(b) The primary goal of an employment plan developed under
this subdivision is to ensure the safety of the caregiver and children. To the extent it is consistent with ensuring
safety, the plan shall also include activities that are designed to lead
to economic stability. An activity
is inconsistent with ensuring safety if, in the opinion of a person
trained in domestic violence, the activity would endanger the safety of
the participant or children. A
plan under this subdivision may not automatically include a provision
that requires a participant to obtain an order for protection or to
attend counseling.
(c) If at any time there is a disagreement over whether the
activities in the plan are appropriate or the participant is not complying
with activities in the plan under this subdivision, the participant must
receive the assistance of a person trained in domestic violence to help
resolve the disagreement or noncompliance with the county or job
counselor. If the person trained
in domestic violence recommends that the activities are still
appropriate, the county or a job counselor must approve the activities
in the plan or provide written reasons why activities in the plan are
not approved and document how denial of the activities do not endanger
the safety of the participant or children.
Subd. 4.
[SELF-EMPLOYMENT.] (a) Self-employment activities may be
included in an employment plan contingent on the development of a
business plan which establishes a timetable and earning goals that will
result in the participant exiting MFIP assistance. Business plans must be developed with
assistance from an individual or organization with expertise in small
business as approved by the job counselor.
(b) Participants with an approved plan that includes self-employment
must meet the participation requirements in section 256J.55, subdivision
1. Only hours where the participant
earns at least minimum wage shall be counted toward the
requirement. Additional activities and
hours necessary to meet the participation requirements in section
256J.55, subdivision 1, must be included in the employment plan.
(c) Employment plans which include self-employment activities
must be reviewed every three months.
Participants who fail, without good cause, to make satisfactory
progress as established in the business plan must revise the employment
plan to replace the self-employment with other approved work activities.
(d) The requirements of this subdivision may be waived for
participants who are enrolled in the self-employment investment demonstration
program (SEID) under section 256J.65, and who make satisfactory progress
as determined by the job counselor and the SEID provider.
Subd. 5. [TRANSITION FROM THE DIVERSIONARY WORK
PROGRAM.] Participants who become eligible for MFIP assistance after
completing the diversionary work program under section 256J.95 must
comply with all requirements of subdivisions 1 and 2. Participants who become eligible for MFIP
assistance after being determined unable to benefit from the
diversionary work program must comply with the requirements of
subdivisions 1 and 2, with the exception of subdivision 2, paragraph
(b).
Subd. 6. [LOSS
OF EMPLOYMENT.] Participants who are laid off, quit with good cause,
or are terminated from employment through no fault of their own must
meet with the job counselor within ten working days to ascertain the
reason for the job loss and to revise the employment plan as necessary
to address the problem.
Sec. 79. Minnesota
Statutes 2002, section 256J.53, subdivision 1, is amended to read:
Subdivision 1. [LENGTH
OF PROGRAM.] (a) In order for a post-secondary education or training
program to be an approved work activity as defined in section 256J.49,
subdivision 13, clause (18) (6), it must be a program lasting 24
12 months or less, and the participant must meet the requirements of
subdivisions 2 and, 3, and 5.
(b) The 12 months of allowable postsecondary education or
training may be used to complete the final 12 months of a longer program,
provided the program does not exceed the undergraduate level.
(c) All course work must be completed within 18 months of
enrollment in the program.
Sec. 80. Minnesota
Statutes 2002, section 256J.53, subdivision 2, is amended to read:
Subd. 2. [DOCUMENTATION
SUPPORTING PROGRAM APPROVAL OF POSTSECONDARY EDUCATION OR
TRAINING.] (a) In order for a post-secondary education or training
program to be an approved activity in a participant's an
employment plan, the participant or the employment and training service
provider must provide documentation that: be working in
unsubsidized employment at least 25 hours per week.
(b) Participants seeking approval of a postsecondary education
or training plan must provide documentation that:
(1) the participant's employment plan identifies
specific goals that goal can only be met with the additional
education or training;
(2) there are suitable employment opportunities that require
the specific education or training in the area in which the participant resides
or is willing to reside;
(3) the education or training will result in significantly
higher wages for the participant than the participant could earn without the
education or training;
(4) the participant can meet the requirements for admission
into the program; and
(5) there is a reasonable expectation that the participant will
complete the training program based on such factors as the participant's MFIP
assessment, previous education, training, and work history; current motivation;
and changes in previous circumstances.
(c) The hourly unsubsidized employment requirement may be
reduced for intensive education or training programs lasting 12 weeks
or less when full-time attendance is required.
(d) Participants with an approved employment plan in place
on July 1, 2003, which includes more than 12 months of postsecondary
education or training shall be allowed to complete that plan provided
that hourly requirements in section 256J.55, subdivision 1, and
conditions specified in paragraph (b), and subdivisions 3 and 5 are met.
Sec. 81. Minnesota Statutes 2002, section 256J.53, subdivision 5, is
amended to read:
Subd. 5. [JOB SEARCH
AFTER COMPLETION OF WORK ACTIVITY REQUIREMENTS AFTER POSTSECONDARY
EDUCATION OR TRAINING.] If a participant's employment plan includes a
post-secondary educational or training program, the plan must include an
anticipated completion date for those activities. At the time the education or training is completed, the
participant must participate in job search.
If, after three months of job search, the participant does not find a
job that is consistent with the participant's employment goal, the participant
must accept any offer of suitable employment. Upon completion of an approved education or training
program, a participant who does not meet the participation requirements
in section 256J.55, subdivision 1, through unsubsidized employment must
participate in job search. If,
after six weeks of job search, the participant does not find a full-time
job consistent with the employment goal, the participant must accept any
offer of full-time suitable employment, or meet with the job counselor
to revise the employment plan to include additional work activities necessary
to meet hourly requirements.
Sec. 82. [256J.531]
[BASIC EDUCATION; ENGLISH AS A SECOND LANGUAGE.]
Subdivision 1.
[APPROVAL OF ADULT BASIC EDUCATION.] With the exception of
classes related to obtaining a general educational development
credential (GED), a participant must have reading or mathematics
proficiency below a ninth grade level in order for adult basic education
classes to be an approved work activity. The employment plan must also specify that the participant
fulfill no more than one-half of the participation requirements in
section 256J.55, subdivision 1, through attending adult basic
educational or general educational development classes.
Subd. 2.
[APPROVAL OF ENGLISH AS A SECOND LANGUAGE.] In order for
English as a second language (ESL) classes to be an approved work
activity in an employment plan, a participant must be below a spoken
language proficiency level of SPL6 or its equivalent, as measured by a
nationally recognized test. In approving
ESL as a work activity, the job counselor must give preference to
enrollment in a functional work literacy program, if one is available,
over a regular ESL program. A
participant may not be approved for more than a combined total of 24
months of ESL classes while participating in the diversionary work program
and the employment and training services component of MFIP. The employment plan must also specify that
the participant fulfill no more than one-half of the participation requirements
in section 256J.55, subdivision 1, through attending ESL classes.
Sec. 83. Minnesota
Statutes 2002, section 256J.54, subdivision 1, is amended to read:
Subdivision 1.
[ASSESSMENT OF EDUCATIONAL PROGRESS AND NEEDS.] (a) The county
agency must document the educational level of each MFIP caregiver who is under
the age of 20 and determine if the caregiver has obtained a high school diploma
or its equivalent. If the caregiver has
not obtained a high school diploma or its equivalent, and is not exempt from
the requirement to attend school under subdivision 5, the county agency
must complete an individual assessment for the caregiver unless the
caregiver is exempt from the requirement to attend school under
subdivision 5 or has chosen to have an employment plan under section
256J.521, subdivision 2, as allowed in paragraph (b). The assessment must be performed as soon as
possible but within 30 days of determining MFIP eligibility for the
caregiver. The assessment must provide
an initial examination of the caregiver's educational progress and needs,
literacy level, child care and supportive service needs, family circumstances,
skills, and work experience. In the
case of a caregiver under the age of 18, the assessment must also consider the
results of either the caregiver's or the caregiver's minor child's child and
teen checkup under Minnesota Rules, parts 9505.0275 and 9505.1693 to 9505.1748,
if available, and the effect of a child's development and educational needs on
the caregiver's ability to participate in the program. The county agency must advise the caregiver
that the caregiver's first goal must be to complete an appropriate educational
education option if one is identified for the caregiver through the
assessment and, in consultation with educational agencies, must review the
various school completion options with the caregiver and assist in selecting
the most appropriate option.
(b) The county agency must give a
caregiver, who is age 18 or 19 and has not obtained a high school
diploma or its equivalent, the option to choose an employment plan with
an education option under subdivision 3 or an employment plan under section
256J.521, subdivision 2.
Sec. 84. Minnesota
Statutes 2002, section 256J.54, subdivision 2, is amended to read:
Subd. 2.
[RESPONSIBILITY FOR ASSESSMENT AND EMPLOYMENT PLAN.] For caregivers who
are under age 18 without a high school diploma or its equivalent, the
assessment under subdivision 1 and the employment plan under subdivision 3 must
be completed by the social services agency under section 257.33. For caregivers who are age 18 or 19 without
a high school diploma or its equivalent who choose to have an employment
plan with an education option under subdivision 3, the assessment
under subdivision 1 and the employment plan under subdivision 3 must be
completed by the job counselor or, at county option, by the social services
agency under section 257.33. Upon
reaching age 18 or 19 a caregiver who received social services under section
257.33 and is without a high school diploma or its equivalent has the option to
choose whether to continue receiving services under the caregiver's plan from
the social services agency or to utilize an MFIP employment and training
service provider. The social services
agency or the job counselor shall consult with representatives of educational
agencies that are required to assist in developing educational plans under
section 124D.331.
Sec. 85. Minnesota
Statutes 2002, section 256J.54, subdivision 3, is amended to read:
Subd. 3. [EDUCATIONAL
EDUCATION OPTION DEVELOPED.] If the job counselor or county social
services agency identifies an appropriate educational education
option for a minor caregiver under the age of 20 without a high
school diploma or its equivalent, or a caregiver age 18 or 19 without a high
school diploma or its equivalent who chooses an employment plan with an
education option, the job counselor or agency must develop an employment
plan which reflects the identified option.
The plan must specify that participation in an educational activity is
required, what school or educational program is most appropriate, the services
that will be provided, the activities the caregiver will take part in,
including child care and supportive services, the consequences to the caregiver
for failing to participate or comply with the specified requirements, and the
right to appeal any adverse action. The
employment plan must, to the extent possible, reflect the preferences of the
caregiver.
Sec. 86. Minnesota
Statutes 2002, section 256J.54, subdivision 5, is amended to read:
Subd. 5. [SCHOOL
ATTENDANCE REQUIRED.] (a) Notwithstanding the provisions of section 256J.56,
minor parents, or 18- or 19-year-old parents without a high school diploma or
its equivalent who chooses an employment plan with an education option
must attend school unless:
(1) transportation services needed to enable the caregiver to
attend school are not available;
(2) appropriate child care services needed to enable the
caregiver to attend school are not available;
(3) the caregiver is ill or incapacitated seriously enough to
prevent attendance at school; or
(4) the caregiver is needed in the home because of the illness
or incapacity of another member of the household. This includes a caregiver of a child who is younger than six
weeks of age.
(b) The caregiver must be enrolled in a secondary school and
meeting the school's attendance requirements.
The county, social service agency, or job counselor must verify at least
once per quarter that the caregiver is meeting the school's attendance
requirements. An enrolled caregiver is
considered to be meeting the attendance requirements when the school is not in
regular session, including during holiday and summer breaks.
Sec. 87. [256J.545]
[FAMILY VIOLENCE WAIVER CRITERIA.]
(a) In order to qualify for a family violence waiver, an
individual must provide documentation of past or current family violence
which may prevent the individual from participating in certain
employment activities. A claim of
family violence must be documented by the applicant or participant
providing a sworn statement which is supported by collateral
documentation.
(b) Collateral documentation may consist of:
(1) police, government agency, or court records;
(2) a statement from a battered women's shelter staff with
knowledge of the circumstances or credible evidence that supports the
sworn statement;
(3) a statement from a sexual assault or domestic violence
advocate with knowledge of the circumstances or credible evidence
that supports the sworn statement;
(4) a statement from professionals from whom the applicant
or recipient has sought assistance for the abuse; or
(5) a sworn statement from any other individual with knowledge
of circumstances or credible evidence that supports the sworn statement.
Sec. 88. Minnesota
Statutes 2002, section 256J.55, subdivision 1, is amended to read:
Subdivision 1. [COMPLIANCE
WITH JOB SEARCH OR EMPLOYMENT PLAN; SUITABLE EMPLOYMENT PARTICIPATION
REQUIREMENTS.] (a) Each MFIP participant must comply with the terms of
the participant's job search support plan or employment plan. When the participant has completed the steps
listed in the employment plan, the participant must comply with section
256J.53, subdivision 5, if applicable, and then the participant must not refuse
any offer of suitable employment. The
participant may choose to accept an offer of suitable employment before the
participant has completed the steps of the employment plan.
(b) For a participant under the age of 20 who is without a
high school diploma or general educational development diploma, the requirement
to comply with the terms of the employment plan means the participant must meet
the requirements of section 256J.54.
(c) Failure to develop or comply with a job search support
plan or an employment plan, or quitting suitable employment without good cause,
shall result in the imposition of a sanction as specified in sections 256J.46
and 256J.57.
(a) All caregivers must participate in employment services
under sections 256J.515 to 256J.57 concurrent with receipt of MFIP
assistance.
(b) Until July 1, 2004, participants who meet the requirements
of section 256J.56 are exempt from participation requirements.
(c) Participants under paragraph (a) must develop and comply
with an employment plan under section 256J.521, or section 256J.54 in
the case of a participant under the age of 20 who has not obtained a
high school diploma or its equivalent.
(d) With the exception of participants under the age of
20 who must meet the education requirements of section 256J.54, all participants
must meet the hourly participation requirements of TANF or the hourly
requirements listed in clauses (1) to (3), whichever is higher.
(1) In single-parent families with no children under six
years of age, the job counselor and the caregiver must develop an
employment plan that includes 30 to 35 hours per week of work activities.
(2) In single-parent families with a child under six years
of age, the job counselor and the caregiver must develop an employment
plan that includes 20 to 35 hours per week of work activities.
(3) In two-parent families, the job counselor and the caregivers
must develop employment plans which result in a combined total of at
least 55 hours per week of work activities.
(e) Failure to participate in employment services, including
the requirement to develop and comply with an employment plan, including
hourly requirements, without good cause under section 256J.57, shall
result in the imposition of a sanction under section 256J.46.
Sec. 89. Minnesota
Statutes 2002, section 256J.55, subdivision 2, is amended to read:
Subd. 2. [DUTY TO
REPORT.] The participant must inform the job counselor within three ten
working days regarding any changes related to the participant's employment
status.
Sec. 90. Minnesota
Statutes 2002, section 256J.56, is amended to read:
256J.56 [EMPLOYMENT AND TRAINING SERVICES COMPONENT;
EXEMPTIONS.]
(a) An MFIP participant is exempt from the requirements of
sections 256J.52 256J.515 to 256J.55 256J.57 if the
participant belongs to any of the following groups:
(1) participants who are age 60 or older;
(2) participants who are suffering from a professionally
certified permanent or temporary illness, injury, or incapacity which has
been certified by a qualified professional when the illness, injury, or
incapacity is expected to continue for more than 30 days and which
prevents the person from obtaining or retaining employment. Persons in this category with a temporary
illness, injury, or incapacity must be reevaluated at least quarterly;
(3) participants whose presence in the home is required as a
caregiver because of a professionally certified the illness or
incapacity of another member in the assistance unit, a relative in the
household, or a foster child in the household and when the
illness or incapacity and the need for the participant's presence in
the home has been certified by a qualified professional and is
expected to continue for more than 30 days;
(4) women who are pregnant, if the pregnancy has resulted in a
professionally certified an incapacity that prevents the woman from
obtaining or retaining employment, and the incapacity has been
certified by a qualified professional;
(5) caregivers of a child under the age of one year who
personally provide full-time care for the child. This exemption may be used for only 12 months in a lifetime. In two-parent households, only one parent or
other relative may qualify for this exemption;
(6) participants experiencing a personal or family crisis that
makes them incapable of participating in the program, as determined by the
county agency. If the participant does
not agree with the county agency's determination, the participant may seek professional
certification from a qualified professional, as defined in
section 256J.08, that the participant is incapable of participating in the
program.
Persons in this exemption category must be reevaluated
every 60 days. A personal or family
crisis related to family violence, as determined by the county or a job
counselor with the assistance of a person trained in domestic violence, should
not result in an exemption, but should be addressed through the development or
revision of an alternative employment plan under section 256J.52 256J.521,
subdivision 6 3; or
(7) caregivers with a child or an adult in the household who
meets the disability or medical criteria for home care services under section
256B.0627, subdivision 1, paragraph (c) (f), or a home and
community-based waiver services program under chapter 256B, or meets the
criteria for severe emotional disturbance under section 245.4871, subdivision
6, or for serious and persistent mental illness under section 245.462,
subdivision 20, paragraph (c).
Caregivers in this exemption category are presumed to be prevented from
obtaining or retaining employment.
A caregiver who is exempt under clause (5) must enroll in and
attend an early childhood and family education class, a parenting class, or
some similar activity, if available, during the period of time the caregiver is
exempt under this section. Notwithstanding section 256J.46, failure to attend
the required activity shall not result in the imposition of a sanction.
(b) The county agency must provide employment and training
services to MFIP participants who are exempt under this section, but who
volunteer to participate. Exempt
volunteers may request approval for any work activity under section 256J.49,
subdivision 13. The hourly
participation requirements for nonexempt participants under section 256J.50
256J.55, subdivision 5 1, do not apply to exempt participants
who volunteer to participate.
(c) This section expires on June 30, 2004.
Sec. 91. [256J.561]
[UNIVERSAL PARTICIPATION REQUIRED.]
Subdivision 1.
[IMPLEMENTATION OF UNIVERSAL PARTICIPATION REQUIREMENTS.] (a) All
caregivers whose applications were received July 1, 2004, or after, are
immediately subject to the requirements in subdivision 2.
(b) For all MFIP participants who were exempt from participating
in employment services under section 256J.56 as of June 30, 2004,
between July 1, 2004, and June 30, 2005, the county, as part of the
participant's recertification under section 256J.32, subdivision 6,
shall determine whether a new employment plan is required to meet the
requirements in subdivision 2.
Counties shall notify each participant who is in need of an
employment plan that the participant must meet with a job counselor
within ten days to develop an employment plan. Until a participant's
employment plan is developed, the participant shall be considered in
compliance with the participation requirements in this section if the
participant continues to meet the criteria for an exemption under
section 256J.56 as in effect on June 30, 2004, and is cooperating in the
development of the new plan.
Subd. 2.
[PARTICIPATION REQUIREMENTS.] (a) All MFIP caregivers, except
caregivers who meet the criteria in subdivision 3, must participate in
employment services. Except as
specified in paragraphs (b) to (d), the employment plan must meet the
requirements of section 256J.521, subdivision 2, contain allowable work
activities, as defined in section 256J.49, subdivision 13, and, include
at a minimum, the number of participation hours required under section
256J.55, subdivision 1.
(b) Minor caregivers and caregivers who are less than age
20 who have not completed high school or obtained a GED are required
to comply with section 256J.54.
(c) A participant who has a family violence waiver shall
develop and comply with an employment plan under section 256J.521,
subdivision 3.
(d) As specified in section 256J.521, subdivision 2,
paragraph (c), a participant who meets any one of the following criteria
may work with the job counselor to develop an employment plan that
contains less than the number of participation hours under section
256J.55, subdivision 1. Employment plans for participants covered under
this paragraph must be tailored to recognize the special circumstances
of caregivers and families including limitations due to illness or disability
and caregiving needs:
(1) a participant who is age 60 or older;
(2) a participant who has been diagnosed by a qualified professional
as suffering from an illness or incapacity that is expected to last for
30 days or more, including a pregnant participant who is determined to
be unable to obtain or retain employment due to the pregnancy; or
(3) a participant who is determined by a qualified professional
as being needed in the home to care for an ill or incapacitated family
member, including caregivers with a child or an adult in the household
who meets the disability or medical criteria for home care services
under section 256B.0627, subdivision 1, paragraph (f), or a home and
community-based waiver services program under chapter 256B, or meets the
criteria for severe emotional disturbance under section 245.4871,
subdivision 6, or for serious and persistent mental illness under
section 245.462, subdivision 20, paragraph (c).
(e) For participants covered under paragraphs (c) and (d),
the county shall review the participant's employment services status
every three months to determine whether conditions have changed. When it is determined that the participant's
status is no longer covered under paragraph (c) or (d), the county shall
notify the participant that a new or revised employment plan is needed. The participant and job counselor shall meet
within ten days of the determination to revise the employment plan.
Subd. 3. [CHILD
UNDER 12 WEEKS OF AGE.] (a) A participant who has a natural born
child who is less than 12 weeks of age who meets the criteria in clauses
(1) and (2) is not required to participate in employment services until
the child reaches 12 weeks of age.
To be eligible for this provision, the following conditions must
be met:
(1) the child must have been born within ten months of the
caregiver's application for the diversionary work program or MFIP;
and
(2) the assistance unit must not have already used this provision
or the previously allowed child under age one exemption. However, an assistance unit that has an
approved child under age one exemption at the time this provision
becomes effective may continue to use that exemption until the child
reaches one year of age.
(b) The provision in paragraph (a) ends the first full month
after the child reaches 12 weeks of age.
This provision is available only once in a caregiver's
lifetime. In a two-parent
household, only one parent shall be allowed to use this provision. The participant and job counselor must meet
within ten days after the child reaches 12 weeks of age to revise the
participant's employment plan.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 92. Minnesota
Statutes 2002, section 256J.57, is amended to read:
256J.57 [GOOD CAUSE; FAILURE TO COMPLY; NOTICE; CONCILIATION
CONFERENCE.]
Subdivision 1. [GOOD
CAUSE FOR FAILURE TO COMPLY.] The county agency shall not impose the sanction
under section 256J.46 if it determines that the participant has good cause for
failing to comply with the requirements of sections 256J.52 256J.515
to 256J.55 256J.57. Good
cause exists when:
(1) appropriate child care is not available;
(2) the job does not meet the definition of suitable
employment;
(3) the participant is ill or injured;
(4) a member of the assistance unit, a relative in the household,
or a foster child in the household is ill and needs care by the participant
that prevents the participant from complying with the job search support
plan or employment plan;
(5) the parental caregiver is unable to secure necessary
transportation;
(6) the parental caregiver is in an emergency situation that
prevents compliance with the job search support plan or employment plan;
(7) the schedule of compliance with the job search support
plan or employment plan conflicts with judicial proceedings;
(8) a mandatory MFIP meeting is scheduled during a time that
conflicts with a judicial proceeding or a meeting related to a juvenile court
matter, or a participant's work schedule;
(9) the parental caregiver is already participating in
acceptable work activities;
(10) the employment plan requires an educational program for a
caregiver under age 20, but the educational program is not available;
(11) activities identified in the job search support plan or
employment plan are not available;
(12) the parental caregiver is willing to accept suitable
employment, but suitable employment is not available; or
(13) the parental caregiver documents other verifiable
impediments to compliance with the job search support plan or employment
plan beyond the parental caregiver's control.
The job counselor shall work with the participant to reschedule
mandatory meetings for individuals who fall under clauses (1), (3), (4), (5),
(6), (7), and (8).
Subd. 2. [NOTICE OF
INTENT TO SANCTION.] (a) When a participant fails without good cause to comply
with the requirements of sections 256J.52 256J.515 to 256J.55
256J.57, the job counselor or the county agency must provide a notice of
intent to sanction to the participant specifying the program requirements that
were not complied with, informing the participant that the county agency will
impose the sanctions specified in section 256J.46, and informing the
participant of the opportunity to request a conciliation conference as
specified in paragraph (b). The notice
must also state that the participant's continuing noncompliance with the
specified requirements will result in additional sanctions under section
256J.46, without the need for additional notices or conciliation conferences
under this subdivision. The notice,
written in English, must include the department of human services language
block, and must be sent to every applicable participant. If the participant does not request a
conciliation conference within ten calendar days of the mailing of the notice
of intent to sanction, the job counselor must notify the county agency that the
assistance payment should be reduced.
The county must then send a notice of adverse action to the participant
informing the participant of the sanction that will be imposed, the reasons for
the sanction, the effective date of the sanction, and the participant's right
to have a fair hearing under section 256J.40.
(b) The participant may request a conciliation conference by
sending a written request, by making a telephone request, or by making an
in-person request. The request must be
received within ten calendar days of the date the county agency mailed the
ten-day notice of intent to sanction.
If a timely request for a conciliation is received, the county
agency's service provider must conduct the conference within five days of the
request. The job counselor's
supervisor, or a designee of the supervisor, must review the outcome of the
conciliation conference. If the
conciliation conference resolves the noncompliance, the job counselor must
promptly inform the county agency and request withdrawal of the sanction
notice.
(c) Upon receiving a sanction notice, the participant may
request a fair hearing under section 256J.40, without exercising the option of
a conciliation conference. In such
cases, the county agency shall not require the participant to engage in a
conciliation conference prior to the fair hearing.
(d) If the participant requests a fair hearing or a
conciliation conference, sanctions will not be imposed until there is a
determination of noncompliance.
Sanctions must be imposed as provided in section 256J.46.
Sec. 93. Minnesota
Statutes 2002, section 256J.62, subdivision 9, is amended to read:
Subd. 9. [CONTINUATION
OF CERTAIN SERVICES.] Only if services were approved as part of an
employment plan prior to June 30, 2003, at the request of the
participant, the county may continue to provide case management, counseling, or
other support services to a participant:
(a) (1) who has achieved the employment goal; or
(b) (2) who under section 256J.42 is no longer
eligible to receive MFIP but whose income is below 115 percent of the federal
poverty guidelines for a family of the same size.
These services may be provided for up to 12 months following
termination of the participant's eligibility for MFIP.
Sec. 94. [256J.626]
[MFIP CONSOLIDATED FUND.]
Subdivision 1.
[CONSOLIDATED FUND.] The consolidated fund is established to
support counties and tribes in meeting their duties under this chapter. Counties and tribes must use funds from
the consolidated fund to develop programs and services that are designed
to improve participant outcomes as measured in section 256J.751,
subdivision 2. Counties may use the
funds for any allowable expenditures under subdivision 2. Tribes may use the funds for any
allowable expenditures under subdivision 2, except those in clauses (1)
and (6).
Subd. 2.
[ALLOWABLE EXPENDITURES.] (a) The commissioner must restrict
expenditures under the consolidated fund to benefits and services
allowed under title IV-A of the federal Social Security Act. Allowable expenditures under the consolidated
fund may include, but are not limited to:
(1) short-term, nonrecurring shelter and utility needs that
are excluded from the definition of assistance under Code of Federal
Regulations, title 45, section 260.31, for families who meet the
residency requirement in section 256J.12, subdivisions 1 and 1a. Payments under this subdivision are not
considered TANF cash assistance and are not counted towards the 60-month
time limit;
(2) transportation needed to obtain or retain employment or
to participate in other approved work activities;
(3) direct and administrative costs of staff to deliver employment
services for MFIP or the diversionary work program, to administer
financial assistance, and to provide specialized services intended to
assist hard-to-employ participants to transition to work;
(4) costs of education and training including functional
work literacy and English as a second language;
(5) cost of work supports including
tools, clothing, boots, and other work-related expenses;
(6) county administrative expenses as defined in Code of
Federal Regulations, title 45, section 260(b);
(7) services to parenting and pregnant teens;
(8) supported work;
(9) wage subsidies;
(10) child care needed for MFIP or diversionary work program
participants to participate in social services;
(11) child care to ensure that families leaving MFIP or diversionary
work program will continue to receive child care assistance from the
time the family no longer qualifies for transition year child care until
an opening occurs under the basic sliding fee child care program; and
(12) services to help noncustodial parents who live in Minnesota
and have minor children receiving MFIP or DWP assistance, but do not
live in the same household as the child, obtain or retain employment.
(b) Administrative costs that are not matched with county
funds as provided in subdivision 8 may not exceed 7.5 percent of a
county's or 15 percent of a tribe's reimbursement under this section. The commissioner shall define administrative
costs for purposes of this subdivision.
Subd. 3.
[ELIGIBILITY FOR SERVICES.] Families with a minor child, a
pregnant woman, or a noncustodial parent of a minor child receiving
assistance, with incomes below 200 percent of the federal poverty
guideline for a family of the applicable size, are eligible for services
funded under the consolidated fund.
Counties and tribes must give priority to families currently
receiving MFIP or diversionary work program, and families at risk of
receiving MFIP or diversionary work program.
Subd. 4. [COUNTY
AND TRIBAL BIENNIAL SERVICE AGREEMENTS.] (a) Effective January 1, 2004, and
each two-year period thereafter, each county and tribe must have in
place an approved biennial service agreement related to the services and
programs in this chapter. Counties
may collaborate to develop multicounty, multitribal, or regional service
agreements.
(b) The service agreements will be completed in a form prescribed
by the commissioner. The agreement must
include:
(1) a statement of the needs of the service population and
strengths and resources in the community;
(2) numerical goals for participant outcomes measures to be
accomplished during the biennial period.
The commissioner may identify outcomes from section 256J.751,
subdivision 2, as core outcomes for all counties and tribes;
(3) strategies the county or tribe will pursue to achieve
the outcome targets. Strategies must
include specification of how funds under this section will be used and
may include community partnerships that will be established or
strengthened; and
(4) other items prescribed by the commissioner in consultation
with counties and tribes.
(c) The commissioner shall provide
each county and tribe with information needed to complete an agreement,
including: (1) information on MFIP cases in the county or tribe; (2)
comparisons with the rest of the state; (3) baseline performance on
outcome measures; and (4) promising program practices.
(d) The service agreement must be submitted to the commissioner
by October 15, 2003, and October 15 of each second year thereafter. The county or tribe must allow a period of
not less than 30 days prior to the submission of the agreement to solicit
comments from the public on the contents of the agreement.
(e) The commissioner must, within 60 days of receiving each
county or tribal service agreement, inform the county or tribe if the
service agreement is approved. If the
service agreement is not approved, the commissioner must inform the
county or tribe of any revisions needed prior to approval.
(f) The service agreement in this subdivision supersedes
the plan requirements of section 268.88.
Subd. 5.
[INNOVATION PROJECTS.] Beginning January 1, 2005, no more than
$3,000,000 of the funds annually appropriated to the commissioner for
use in the consolidated fund shall be available to the commissioner for
projects testing innovative approaches to improving outcomes for MFIP
participants, and persons at risk of receiving MFIP as detailed in
subdivision 3. Projects shall be targeted to geographic areas with poor
outcomes as specified in section 256J.751, subdivision 5, or to subgroups
within the MFIP case load who are experiencing poor outcomes.
Subd. 6. [BASE
ALLOCATION TO COUNTIES AND TRIBES.] (a) For purposes of this section,
the following terms have the meanings given them:
(1) "2002 historic spending base" means the commissioner's
determination of the sum of the reimbursement related to fiscal year
2002 of county or tribal agency expenditures for the base programs
listed in clause (4), items (i) to (iv), and earnings related to
calendar year 2002 in the base program listed in clause (4), item (v),
and the amount of spending in fiscal year 2002 in the base program
listed in clause (4), item (vi), issued to or on behalf of persons
residing in the county or tribal service delivery area.
(2) "Initial allocation" means the amount
potentially available to each county or tribe based on the formula in
paragraphs (b) to (d).
(3) "Final allocation" means the amount available
to each county or tribe based on the formula in paragraphs (b) to (d),
after adjustment by subdivision 7.
(4) "Base programs" means the:
(i) MFIP employment and training services under section 256J.62,
subdivision 1, in effect June 30, 2002;
(ii) bilingual employment and training services to refugees
under section 256J.62, subdivision 6, in effect June 30, 2002;
(iii) work literacy language programs under section 256J.62,
subdivision 7, in effect June 30, 2002;
(iv) supported work program authorized in Laws 2001, First
Special Session chapter 9, article 17, section 2, in effect June 30,
2002;
(v) administrative aid program under section 256J.76 in effect
December 31, 2002; and
(vi) emergency assistance program under section 256J.48 in
effect June 30, 2002.
(b)(1) Beginning July 1, 2003, the
commissioner shall determine the initial allocation of funds available
under this section according to clause (2).
(2)(i) Ninety percent of the funds available for the period
beginning July 1, 2003, and ending December 31, 2004, shall be allocated
to each county or tribe in proportion to the county's or tribe's share
of the statewide 2002 historic spending base;
(ii) the remaining funds for the period beginning July 1,
2003, and ending December 31, 2004, shall be allocated to each county
or tribe in proportion to the average number of MFIP cases:
(A) the average number of cases must be based upon counts
of MFIP or tribal TANF cases as of March 31, June 30, September 30,
and December 31 using the most recent available data, less the number of
child only cases. Two-parent cases,
with the exception of those with a caregiver age 60 or over, will be
multiplied by a factor of two;
(B) the MFIP or tribal TANF case count for each eligible
tribal provider shall be based upon the number of MFIP or tribal TANF
cases with participating adults who are enrolled in, or are eligible for
enrollment in, the tribe; and to be counted, the case must be an active
MFIP case, and the case members must reside within the tribal program's
service delivery area;
(C) the MFIP or tribal TANF case count for each eligible
tribal provider shall be further adjusted by multiplying the count by
the proportion of base program spending in paragraph (a), clause (4),
item (i), compared to paragraph (a), clause (4), items (i) to (vi); and
(D) to prevent duplicate counts, MFIP or tribal TANF cases
counted for determining allocations to tribal providers in clause (C)
shall be removed from the case counts of the respective counties where
they reside.
(c)(1) Beginning January 1, 2005, the commissioner shall
determine the initial allocation of funds to be made available under
this section according to clause (2).
(2)(i) Seventy percent of the funds available for the calendar
year shall be allocated to each county or tribe in proportion to the
county's or tribe's share of the statewide 2002 historic spending base;
(ii) the remaining funds shall be allocated to each county
or tribe in proportion to the sum of the average number of MFIP cases
and the average monthly count of diversionary work program cases. The commissioner shall determine the count
of MFIP and diversionary work program cases according to subitems (A) to
(C):
(A) the average number of cases must be based upon counts
of MFIP, tribal TANF, or diversionary work program cases as of March
31, June 30, September 30, and December 31 using the most recent
available data, less the number of child only cases. Two-parent cases,
with the exception of those with a caregiver age 60 or over, will be
multiplied by a factor of two;
(B) the case count for each eligible tribal provider shall
be based upon the number of MFIP, tribal TANF, or diversionary work
program cases with participating adults who are enrolled in, or are
eligible for enrollment in, the tribe; and to be counted, the case must
be an active MFIP or diversionary work program case, and the case
members must reside within the tribal program's service delivery area;
(C) the MFIP or tribal TANF case count, including diversionary
work program cases, for each eligible tribal provider shall be further
adjusted by multiplying the count by the proportion of base program
spending in paragraph (a), clause (4), item (i), compared to paragraph
(a), clause (4), items (i) to (vi); and
(D) to prevent duplicate counts, MFIP, tribal TANF, or
diversionary work program cases counted for determining allocations
to tribal providers under clause (C) shall be removed from the case
counts of the respective counties where they reside.
(d)(1) Beginning January 1, 2006, and effective January 1
of each subsequent year, the commissioner shall determine the initial
allocation of funds available under this section according to clause
(2).
(2)(i) Fifty percent of the funds available for the calendar
year shall be allocated to each county or tribe in proportion to the
county's or tribe's share of the statewide 2002 historic spending base;
(ii) the remaining funds shall be allocated to each county
or tribe in proportion to the sum of the average number of MFIP cases
and the average monthly count of diversionary work program cases. The commissioner shall determine the count
of MFIP and diversionary work program cases according to subitems (A) to
(C):
(A) the average number of cases must be based upon counts
of MFIP, tribal TANF, or diversionary work program cases as of March
31, June 30, September 30, and December 31 using the most recent
available data, less the number of child only cases. Two-parent cases,
with the exception of those with a caregiver age 60 or over, will be
multiplied by a factor of two;
(B) the case count for each eligible tribal provider shall
be based upon the number of MFIP, tribal TANF, or diversionary work
program cases with participating adults who are enrolled in, or are
eligible for, enrollment in the tribe; and to be counted, the case must
be an active MFIP or diversionary work program case, and the case
members must reside within the tribal program's service delivery area;
(C) the MFIP or tribal TANF case count, including diversionary
work program cases, for each eligible tribal provider shall be further
adjusted by multiplying the count by the proportion of base program
spending in paragraph (a), clause (4), item (i), compared to paragraph
(a), clause (4), items (i) to (vi); and
(D) to prevent duplicate counts, MFIP, tribal TANF, or diversionary
work program cases counted for determining allocations to tribal
providers in clause (C) shall be removed from the case counts of the
respective counties where they reside.
(e) Before November 30, 2003, a county or tribe may ask for
a review of the commissioner's determination of the historic base
spending when the county or tribe believes the 2002 information was
inaccurate or incomplete. By January 1,
2004, the commissioner must adjust that county's or tribe's base when
the commissioner has determined that inaccurate or incomplete information
was used to develop that base. The
commissioner shall adjust each county's or tribe's initial allocation
under paragraph (c) and final allocation under subdivision 7 to reflect
the base change.
(f) Effective January 1, 2005, and effective January 1 of
each succeeding year, counties and tribes will have their final allocations
adjusted based on the performance provisions of subdivision 7.
Subd. 7.
[PERFORMANCE BASE FUNDS.] (a) Beginning with allocations for calendar
year 2005, each county and tribe will be allocated 95 percent of their
initial allocation. Counties and
tribes will be allocated additional funds based on performance as
follows:
(1) a county or tribe that achieves a 50 percent rate or
higher on the MFIP participation rate under section 256J.751, subdivision
2, clause (8), as averaged across the four quarterly measurements for
the most recent year for which the measurements are available, will
receive an additional allocation equal to 2.5 percent of its initial
allocation; and
(2) a county or tribe that performs above the top of its
range of expected performance on the three-year self-support index
under section 256J.751, subdivision 2, clause (7), in both measurements
in the preceding year will receive an additional allocation equal to
five percent of its initial allocation; or
(3) a county or tribe that performs within its range of expected
performance on the three-year self-support index under section 256J.751,
subdivision 2, clause (7), in both measurements in the preceding year,
or above the top of its range of expected performance in one measurement
and within its expected range of performance in the other measurement,
will receive an additional allocation equal to 2.5 percent of its initial
allocation.
(b) Funds remaining unallocated after the performance-based
allocations in paragraph (a) are available to the commissioner for
innovation projects under subdivision 5.
(c)(1) If available funds are insufficient to meet county
and tribal allocations under paragraph (a), the commissioner may make
available for allocation funds that are unobligated and available from
the innovation projects through the end of the current biennium.
(2) If after the application of clause (1) funds remain insufficient
to meet county and tribal allocations under paragraph (a), the
commissioner must proportionally reduce the allocation of each county
and tribe with respect to their maximum allocation available under
paragraph (a).
Subd. 8.
[REPORTING REQUIREMENT AND REIMBURSEMENT.] (a) The
commissioner shall specify requirements for reporting according to
section 256.01, subdivision 2, clause (17).
Each county or tribe shall be reimbursed for eligible
expenditures up to the limit of its allocation and subject to
availability of funds.
(b) Reimbursements for county administrative-related expenditures
determined through the income maintenance random moment time study shall
be reimbursed at a rate of 50 percent of eligible expenditures.
(c) The commissioner of human services shall review county
and tribal agency expenditures of the MFIP consolidated fund as appropriate
and may reallocate unencumbered or unexpended money appropriated under
this section to those county and tribal agencies that can demonstrate a
need for additional money.
Subd. 9.
[REPORT.] The commissioner shall, in consultation with
counties and tribes:
(1) determine how performance-based allocations under subdivision
7, paragraph (a), clauses (2) and (3), will be allocated to groupings of
counties and tribes when groupings are used to measure expected
performance ranges for the self-support index under section 256J.751,
subdivision 2, clause (7); and
(2) determine how performance-based allocations under subdivision
7, paragraph (a), clauses (2) and (3), will be allocated to tribes.
The commissioner shall
report to the legislature on the formulas developed in clauses (1) and (2) by
January 1, 2004.
Sec. 95. Minnesota
Statutes 2002, section 256J.645, subdivision 3, is amended to read:
Subd. 3. [FUNDING.] If
the commissioner and an Indian tribe are parties to an agreement under this
subdivision, the agreement shall annually provide to the Indian tribe the
funding allocated in section 256J.62, subdivisions 1 and 2a 256J.626.
Sec. 96. Minnesota
Statutes 2002, section 256J.66, subdivision 2, is amended to read:
Subd. 2. [TRAINING AND
PLACEMENT.] (a) County agencies shall limit the length of training based on the
complexity of the job and the caregiver's previous experience and training.
Placement in an on-the-job training position with an employer is for the
purpose of training and employment with the same employer who has agreed to
retain the person upon satisfactory completion of training.
(b) Placement of any participant in an on-the-job training
position must be compatible with the participant's assessment and employment
plan under section 256J.52 256J.521.
Sec. 97. Minnesota
Statutes 2002, section 256J.67, subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHING THE COMMUNITY WORK EXPERIENCE PROGRAM.] To the
extent of available resources, each county agency may establish and operate a
work experience component for MFIP caregivers who are participating in employment
and training services. This option for
county agencies supersedes the requirement in section 402(a)(1)(B)(iv) of the
Social Security Act that caregivers who have received assistance for two months
and who are not exempt from work requirements must participate in a work
experience program. The purpose of the
work experience component is to enhance the caregiver's employability and
self-sufficiency and to provide meaningful, productive work activities. The county shall use this program for an
individual after exhausting all other unsubsidized employment
opportunities. The county agency
shall not require a caregiver to participate in the community work experience
program unless the caregiver has been given an opportunity to participate in
other work activities.
Sec. 98. Minnesota
Statutes 2002, section 256J.67, subdivision 3, is amended to read:
Subd. 3. [EMPLOYMENT
OPTIONS.] (a) Work sites developed under this section are limited to projects
that serve a useful public service such as:
health, social service, environmental protection, education, urban and
rural development and redevelopment, welfare, recreation, public facilities,
public safety, community service, services to aged or disabled citizens, and
child care. To the extent possible, the
prior training, skills, and experience of a caregiver must be considered in
making appropriate work experience assignments.
(b) Structured, supervised volunteer work with an agency or
organization, which is monitored by the county service provider, may, with the
approval of the county agency, be used as a work experience placement.
(c) As a condition of placing a caregiver in a program under
this section, the county agency shall first provide the caregiver the
opportunity:
(1) for placement in suitable subsidized or
unsubsidized employment through participation in a job search; or
(2) for placement in suitable employment through
participation in on-the-job training, if such employment is available.
Sec. 99. Minnesota
Statutes 2002, section 256J.69, subdivision 2, is amended to read:
Subd. 2. [TRAINING AND
PLACEMENT.] (a) County agencies shall limit the length of training to nine
months. Placement in a grant diversion
training position with an employer is for the purpose of training and
employment with the same employer who has agreed to retain the person upon
satisfactory completion of training.
(b) Placement of any participant in a grant diversion
subsidized training position must be compatible with the assessment and
employment plan or employability development plan established for the recipient
under section 256J.52 or 256K.03, subdivision 8 256J.521.
Sec. 100. Minnesota
Statutes 2002, section 256J.75, subdivision 3, is amended to read:
Subd. 3.
[RESPONSIBILITY FOR INCORRECT ASSISTANCE PAYMENTS.] A county of residence,
when different from the county of financial responsibility, will be charged by
the commissioner for the value of incorrect assistance payments and medical
assistance paid to or on behalf of a person who was not eligible to receive
that amount. Incorrect payments include
payments to an ineligible person or family resulting from decisions, failures
to act, miscalculations, or overdue recertification. However, financial
responsibility does not accrue for a county when the recertification is overdue
at the time the referral is received by the county of residence or when the
county of financial responsibility does not act on the recommendation of the
county of residence. When federal or
state law requires that medical assistance continue after assistance ends, this
subdivision also governs financial responsibility for the extended medical
assistance.
Sec. 101. Minnesota
Statutes 2002, section 256J.751, subdivision 1, is amended to read:
Subdivision 1. [QUARTERLY
MONTHLY COUNTY CASELOAD REPORT.] The commissioner shall report quarterly
monthly to each county on the county's performance on the
following measures following caseload information:
(1) number of cases receiving only the food portion of
assistance;
(2) number of child-only cases;
(3) number of minor caregivers;
(4) number of cases that are exempt from the 60-month time
limit by the exemption category under section 256J.42;
(5) number of participants who are exempt from employment
and training services requirements by the exemption category under section
256J.56;
(6) number of assistance units receiving assistance under a
hardship extension under section 256J.425;
(7) number of participants and number of months spent in
each level of sanction under section 256J.46, subdivision 1;
(8) number of MFIP cases that have left assistance;
(9) federal participation requirements as specified in title
1 of Public Law Number 104-193;
(10) median placement wage rate; and
(11) of each county's total MFIP caseload less the number of
cases in clauses (1) to (6):
(i) number of one-parent cases;
(ii) number of two-parent cases;
(iii) percent of one-parent cases that are working more than
20 hours per week;
(iv) percent of two-parent cases that are working more
than 20 hours per week; and
(v) percent of cases that have received more than 36 months
of assistance.
(1) total number of cases receiving MFIP, and subtotals of
cases with one eligible parent, two eligible parents, and an eligible
caregiver who is not a parent;
(2) total number of child only assistance cases;
(3) total number of eligible adults and children receiving
an MFIP grant, and subtotals for cases with one eligible parent, two
eligible parents, an eligible caregiver who is not a parent, and child
only cases;
(4) number of cases with an exemption from the 60-month time
limit based on a family violence waiver;
(5) number of MFIP cases with work hours, and subtotals for
cases with one eligible parent, two eligible parents, and an eligible
caregiver who is not a parent;
(6) number of employed MFIP cases, and subtotals for cases
with one eligible parent, two eligible parents, and an eligible caregiver
who is not a parent;
(7) average monthly gross earnings, and averages for subgroups
of cases with one eligible parent, two eligible parents, and an eligible
caregiver who is not a parent;
(8) number of employed cases receiving only the food portion
of assistance;
(9) number of parents or caregivers exempt from work activity
requirements, with subtotals for each exemption type; and
(10) number of cases with a sanction, with subtotals by level
of sanction for cases with one eligible parent, two eligible parents,
and an eligible caregiver who is not a parent.
Sec. 102. Minnesota
Statutes 2002, section 256J.751, subdivision 2, is amended to read:
Subd. 2. [QUARTERLY
COMPARISON REPORT.] The commissioner shall report quarterly to all counties on
each county's performance on the following measures:
(1) percent of MFIP caseload working in paid employment;
(2) percent of MFIP caseload receiving only the food portion of
assistance;
(3) number of MFIP cases that have left assistance;
(4) federal participation requirements as specified in Title 1
of Public Law Number 104-193;
(5) median placement wage rate; and
(6) caseload by months of TANF assistance;
(7) percent of MFIP cases off cash assistance or working 30
or more hours per week at one-year, two-year, and three-year follow-up
points from a base line quarter. This
measure is called the self-support index. Twice annually, the commissioner shall report an expected
range of performance for each county, county grouping, and tribe on the self-support
index. The expected range shall
be derived by a statistical methodology developed by the commissioner in
consultation with the counties and tribes. The statistical methodology shall control differences
across counties in economic conditions and demographics of the MFIP case
load; and
(8) the MFIP work participation rate, defined as the participation
requirements specified in title 1 of Public Law 104-193 applied to all
MFIP cases except child only cases and cases exempt under section
256J.56.
Sec. 103. Minnesota
Statutes 2002, section 256J.751, subdivision 5, is amended to read:
Subd. 5. [FAILURE TO
MEET FEDERAL PERFORMANCE STANDARDS.] (a) If sanctions occur for failure to meet
the performance standards specified in title 1 of Public Law Number
104-193 of the Personal Responsibility and Work Opportunity Act of 1996, the
state shall pay 88 percent of the sanction.
The remaining 12 percent of the sanction will be paid by the
counties. The county portion of the
sanction will be distributed across all counties in proportion to each county's
percentage of the MFIP average monthly caseload during the period for which the
sanction was applied.
(b) If a county fails to meet the performance standards
specified in title 1 of Public Law Number 104-193 of the Personal
Responsibility and Work Opportunity Act of 1996 for any year, the commissioner
shall work with counties to organize a joint state-county technical assistance
team to work with the county. The
commissioner shall coordinate any technical assistance with other departments
and agencies including the departments of economic security and children,
families, and learning as necessary to achieve the purpose of this paragraph.
(c) For state performance measures, a low-performing county
is one that:
(1) performs below the bottom of their expected range for
the measure in subdivision 2, clause (7), in both measurements during
the year; or
(2) performs below 40 percent for the measure in subdivision
2, clause (8), as averaged across the four quarterly measurements for
the year, or the ten counties with the lowest rates if more than ten are
below 40 percent.
(d) Low-performing counties under paragraph (c) must engage
in corrective action planning as defined by the commissioner. The
commissioner may coordinate technical assistance as specified in
paragraph (b) for low-performing counties under paragraph (c).
Sec. 104. [256J.95]
[DIVERSIONARY WORK PROGRAM.]
Subdivision 1.
[ESTABLISHING A DIVERSIONARY WORK PROGRAM (DWP).] (a) The Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, Public
Law 104-193, establishes block grants to states for temporary assistance
for needy families (TANF). TANF
provisions allow states to use TANF dollars for nonrecurrent, short-term
diversionary benefits. The diversionary
work program established on July 1, 2003, is Minnesota's TANF program to
provide short-term diversionary benefits to eligible recipients of the
diversionary work program.
(b) The goal of the diversionary work program is to provide
short-term, necessary services and supports to families which will
lead to unsubsidized employment, increase economic stability, and reduce
the risk of those families needing longer term assistance, under the
Minnesota family investment program (MFIP).
(c) When a family unit meets the eligibility criteria in
this section, the family must receive a diversionary work program
grant and is not eligible for MFIP.
(d) A family unit is eligible for
the diversionary work program for a maximum of four months only once in
a 12-month period. The 12-month
period begins at the date of application or the date eligibility is met,
whichever is later. During the four-month
period, family maintenance needs as defined in subdivision 2, shall be
vendor paid, up to the cash portion of the MFIP standard of need for the
same size household. To the extent
there is a balance available between the amount paid for family
maintenance needs and the cash portion of the transitional standard, a
personal needs allowance of up to $70 per DWP recipient in the family
unit shall be issued. The personal
needs allowance payment plus the family maintenance needs shall not
exceed the cash portion of the MFIP standard of need. Counties may provide supportive and other
allowable services funded by the MFIP consolidated fund under section
256J.626 to eligible participants during the four-month diversionary
period.
Subd. 2.
[DEFINITIONS.] The terms used in this section have the
following meanings.
(a) "Diversionary Work Program (DWP)" means the
program established under this section.
(b) "Employment plan" means a plan developed by
the job counselor and the participant which identifies the participant's
most direct path to unsubsidized employment, lists the specific steps
that the caregiver will take on that path, and includes a timetable for
the completion of each step. For
participants who request and qualify for a family violence waiver in
section 256J.521, subdivision 3, an employment plan must be developed by
the job counselor, the participant and a person trained in domestic
violence and follow the employment plan provisions in section 256J.521,
subdivision 3. Employment plans under
this section shall be written for a period of time not to exceed four
months.
(c) "Employment services" means programs,
activities, and services in this section that are designed to assist
participants in obtaining and retaining employment.
(d) "Family maintenance needs" means current
housing costs including rent, manufactured home lot rental costs, or
monthly principal, interest, insurance premiums, and property taxes due
for mortgages or contracts for deed, association fees required for
homeownership, utility costs for current month expenses of gas and
electric, garbage, water and sewer, and a flat rate of $35 for telephone
services.
(e) "Family unit" means a group of people applying
for or receiving DWP benefits together.
For the purposes of determining eligibility for this program, the
unit includes the relationships in section 256J.24, subdivisions 2 and
4.
(f) "Minnesota family investment program (MFIP)"
means the assistance program as defined in section 256J.08, subdivision
57.
(g) "Personal needs allowance" means an allowance
of up to $70 per month per DWP unit member to pay for expenses such as
household products and personal products.
(h) "Work activities" means allowable work
activities as defined in section 256J.49, subdivision 13.
Subd. 3.
[ELIGIBILITY FOR DIVERSIONARY WORK PROGRAM.] (a) Except for
the categories of family units listed below, all family units who apply
for cash benefits and who meet MFIP eligibility as required in sections
256J.11 to 256J.15 are eligible and must participate in the diversionary
work program. Family units that are not eligible for the diversionary
work program include:
(1) child only cases;
(2) a single-parent family unit that includes a child under
12 weeks of age. A parent is
eligible for this exception once in a parent's lifetime and is not
eligible if the parent has already used the previously allowed child
under age one exemption from MFIP employment services;
(3) a minor parent without a high
school diploma or its equivalent;
(4) a caregiver 18 or 19 years of age without a high school
diploma or its equivalent who chooses to have an employment plan with
an education option;
(5) a caregiver age 60 or over;
(6) family units with a parent who received DWP benefits
within a 12-month period as defined in subdivision 1, paragraph (d);
and
(7) family units with a parent who received MFIP within the
past 12 months.
(b) A two-parent family must participate in DWP unless both
parents meet the criteria for an exception under paragraph (a), clauses
(1) through (5), or the family unit includes a parent who meets the
criteria in paragraph (a), clause (6) or (7).
Subd. 4.
[COOPERATION WITH PROGRAM REQUIREMENTS.] (a) To be eligible
for DWP, an applicant must comply with the requirements of paragraphs
(b) to (d).
(b) Applicants and participants must cooperate with the requirements
of the child support enforcement program, but will not be charged a fee
under section 518.551, subdivision 7.
(c) The applicant must provide each member of the family
unit's social security number to the county agency. This requirement is satisfied when
each member of the family unit cooperates with the procedures for
verification of numbers, issuance of duplicate cards, and issuance of
new numbers which have been established jointly between the Social
Security Administration and the commissioner.
(d) Before DWP benefits can be issued to a family unit, the
caregiver must, in conjunction with a job counselor, develop and sign
an employment plan. In two-parent
family units, both parents must develop and sign employment plans before
benefits can be issued. Food
support and health care benefits are not contingent on the requirement
for a signed employment plan.
Subd. 5.
[SUBMITTING APPLICATION FORM.] The eligibility date for the
diversionary work program begins with the date the signed combined
application form (CAF) is received by the county agency or the date
diversionary work program eligibility criteria are met, whichever is
later. The county agency must inform
the applicant that any delay in submitting the application will reduce
the benefits paid for the month of application. The county agency must inform a person that
an application may be submitted before the person has an interview appointment. Upon receipt of a signed application, the
county agency must stamp the date of receipt on the face of the application. The applicant may withdraw the application
at any time prior to approval by giving written or oral notice to the
county agency. The county agency
must follow the notice requirements in section 256J.09, subdivision 3,
when issuing a notice confirming the withdrawal.
Subd. 6.
[INITIAL SCREENING OF APPLICATIONS.] Upon receipt of the
application, the county agency must determine if the applicant may be
eligible for other benefits as required in sections 256J.09, subdivision
3a, and 256J.28, subdivisions 1 and 5.
The county must also follow the provisions in section 256J.09,
subdivision 3b, clause (2).
Subd. 7.
[PROGRAM AND PROCESSING STANDARDS.] (a) The interview to
determine financial eligibility for the diversionary work program must
be conducted within five working days of the receipt of the cash
application form. During the intake
interview the financial worker must discuss:
(1) the goals, requirements, and
services of the diversionary work program;
(2) the availability of child care assistance. If child care is needed, the worker
must obtain a completed application for child care from the applicant
before the interview is terminated.
The same day the application for child care is received, the
application must be forwarded to the appropriate child care worker. For purposes of eligibility for child care
assistance under chapter 119B, DWP participants shall be eligible for
the same benefits as MFIP recipients; and
(3) if the applicant has not requested food support and health
care assistance on the application, the county agency shall, during the
interview process, talk with the applicant about the availability of
these benefits.
(b) The county shall follow section 256J.74, subdivision 2,
paragraph (b), clauses (1) and (2), when an applicant or a recipient
of DWP has a person who is a member of more than one assistance unit in
a given payment month.
(c) If within 30 days the county agency cannot determine
eligibility for the diversionary work program, the county must deny
the application and inform the applicant of the decision according to
the notice provisions in section 256J.31.
A family unit is eligible for a fair hearing under section
256J.40.
Subd. 8.
[VERIFICATION REQUIREMENTS.] (a) A county agency must only
require verification of information necessary to determine DWP
eligibility and the amount of the payment.
The applicant or participant must document the information
required or authorize the county agency to verify the information. The applicant or participant has the
burden of providing documentary evidence to verify eligibility. The county agency shall assist the
applicant or participant in obtaining required documents when the
applicant or participant is unable to do so.
(b) A county agency must not request information about an
applicant or participant that is not a matter of public record from a
source other than county agencies, the department of human services, or
the United States Department of Health and Human Services without the
person's prior written consent. An applicant's
signature on an application form constitutes consent for contact with
the sources specified on the application.
A county agency may use a single consent form to contact a group
of similar sources, but the sources to be contacted must be identified
by the county agency prior to requesting an applicant's consent.
(c) Factors to be verified shall follow section 256J.32,
subdivision 4. Except for personal
needs, family maintenance needs must be verified before the expense can
be allowed in the calculation of the DWP grant.
Subd. 9.
[PROPERTY AND INCOME LIMITATIONS.] The asset limits and
exclusions in section 256J.20, apply to applicants and recipients of
DWP. All payments, unless excluded in
section 256J.21, must be counted as income to determine eligibility for
the diversionary work program. The
county shall treat income as outlined in section 256J.37, except for
subdivision 3a. The initial
income test and the disregards in section 256J.21, subdivision 3, shall
be followed for determining eligibility for the diversionary work
program.
Subd. 10.
[DIVERSIONARY WORK PROGRAM GRANT.] (a) The amount of cash
benefits that a family unit is eligible for under the diversionary work
program is based on the number of persons in the family unit, the family
maintenance needs, personal needs allowance, and countable income. The county agency shall evaluate the
income of the family unit that is requesting payments under the
diversionary work program. Countable
income means gross earned and unearned income not excluded or disregarded
under MFIP. The same disregards for
earned income that are allowed under MFIP are allowed for the
diversionary work program.
(b) The DWP grant is based on the family maintenance needs
for which the DWP family unit is responsible plus a personal needs
allowance. Housing and utilities,
except for telephone service, shall be vendor paid. Unless otherwise stated in this section,
actual housing and utility expenses shall be used when determining the
amount of the DWP grant.
(c) The maximum monthly benefit amount available under
the diversionary work program is the difference between the family unit's
family maintenance needs under paragraph (b) and the family unit's
countable income not to exceed the cash portion of the MFIP standard of
need as defined in section 256J.08, subdivision 55a, for the family
unit's size. The family wage level
as defined in section 256J.08, subdivision 35, shall be used when
determining the amount of countable income for working members.
(d) Once the county has determined a grant amount, the DWP
grant amount will not be decreased if the determination is based on
the best information available at the time of approval and shall not be
decreased because of any additional income to the family unit. The grant can be increased if a participant
later verifies an increase in family maintenance needs or family unit
size. The minimum cash benefit
amount, if income and asset tests are met, is $10. Benefits of $10 shall not be vendor paid.
(e) When all criteria are met, including the development of
an employment plan as described in subdivision 14 and eligibility
exists for the month of application, the amount of benefits for the
diversionary work program retroactive to the date of application is as
specified in section 256J.35, paragraph (a).
(f) Any month during the four-month DWP period that a person
receives a DWP benefit directly or through a vendor payment made on the
person's behalf, that person is ineligible for MFIP or any other TANF
cash assistance program except for benefits defined in section 256J.626,
subdivision 2, clause (1).
If during the four-month period a family unit that receives
DWP benefits moves to a county that has not established a diversionary
work program, the family unit may be eligible for MFIP the month
following the last month of the issuance of the DWP benefit.
Subd. 11.
[UNIVERSAL PARTICIPATION REQUIRED.] (a) All DWP caregivers,
except caregivers who meet the criteria in paragraph (d), are required
to participate in DWP employment services. Except as specified in
paragraphs (b) and (c), employment plans under DWP must, at a minimum,
meet the requirements in section 256J.55, subdivision 1.
(b) A caregiver who is a member of a two-parent family that
is required to participate in DWP who would otherwise be ineligible
for DWP under subdivision 3 may be allowed to develop an employment plan
under section 256J.521, subdivision 2, paragraph (c), that may contain
alternate activities and reduced hours.
(c) A participant who has a family violence waiver shall be
allowed to develop an employment plan under section 256J.521, subdivision
3.
(d) One parent in a two-parent family unit that has a natural
born child under 12 weeks of age is not required to have an employment
plan until the child reaches 12 weeks of age unless the family unit has
already used the exclusion under section 256J.561, subdivision 2, or the
previously allowed child under age one exemption under section 256J.56,
paragraph (a), clause (5).
(e) The provision in paragraph (d) ends the first full month
after the child reaches 12 weeks of age.
This provision is allowable only once in a caregiver's
lifetime. In a two-parent
household, only one parent shall be allowed to use this category.
(f) The participant and job counselor must meet within ten
working days after the child reaches 12 weeks of age to revise the
participant's employment plan. The
employment plan for a family unit that has a child under 12 weeks of age
that has already used the exclusion in section 256J.561 or the
previously allowed child under age one exemption under section 256J.56,
paragraph (a), clause (5), must be tailored to recognize the caregiving
needs of the parent.
Subd. 12.
[CONVERSION OR REFERRAL TO MFIP.] (a) If at any time during
the DWP application process or during the four-month DWP eligibility
period, it is determined that a participant is unlikely to benefit from
the diversionary work program, the county shall convert or refer the
participant to MFIP as specified in paragraph (d). Participants who are determined to be
unlikely to benefit from the diversionary work program must develop and
sign an employment plan. Participants
who meet the criteria in paragraph (b) shall be considered to be
unlikely to benefit from DWP, provided the necessary documentation is
available to support the determination.
(b) A participant who:
(1) has been determined by a qualified professional as being
unable to obtain or retain employment due to an illness, injury, or
incapacity that is expected to last at least 60 days;
(2) is determined by a qualified professional as being needed
in the home to care for a family member, or a relative in the household,
or a foster child, due to an illness, injury, or incapacity that is
expected to last at least 60 days;
(3) is determined by a qualified professional as being needed
in the home to care for a child meeting the special medical criteria in
section 256J.425, subdivision 2, clause (3);
(4) is pregnant and is determined by a qualified professional
as being unable to obtain or retain employment due to the pregnancy; and
(5) has applied for SSI or RSDI.
(c) In a two-parent family unit, both parents must be determined
to be unlikely to benefit from the diversionary work program before the
family unit can be converted or referred to MFIP.
(d) A participant who is determined to be unlikely to benefit
from the diversionary work program shall be converted to MFIP and, if
the determination was made within 30 days of the initial application for
benefits, a new combined application form will not be required. A participant who is determined to be
unlikely to benefit from the diversionary work program shall be referred
to MFIP and, if the determination is made more than 30 days after the
initial application, the participant must submit a new combined
application form. The county agency
shall process the combined application form by the first of the following
month to ensure that no gap in benefits is due to delayed action by the
county agency.
Subd. 13.
[IMMEDIATE REFERRAL TO EMPLOYMENT SERVICES.] Within one working day
of determination that the applicant is eligible for the diversionary
work program, but before benefits are issued to or on behalf of the
family unit, the county shall refer all caregivers to employment
services. The referral to the
DWP employment services must be in writing and must contain the
following information:
(1) notification that, as part of the application process,
applicants are required to develop an employment plan or the DWP application
will be denied;
(2) the employment services provider name and phone number;
(3) the date, time, and location of the scheduled employment
services interview;
(4) the immediate availability of supportive services, including,
but not limited to, child care, transportation, and other work-related
aid; and
(5) the rights, responsibilities, and obligations of
participants in the program, including, but not limited to, the grounds
for good cause, the consequences of refusing or failing to participate
fully with program requirements, and the appeal process.
Subd. 14.
[EMPLOYMENT PLAN; DWP BENEFITS.] Within five working days of
being notified that a participant is financially eligible for the
diversionary work program, the employment services provider and
participant shall meet to develop an employment plan. Once the employment plan has been developed
and signed by the participant and the job counselor, the employment
services provider shall notify the county within one working day that
the employment plan has been signed.
The county shall issue DWP benefits within one working day after
receiving notice that the employment plan has been signed.
Subd. 15.
[LIMITATIONS ON CERTAIN WORK ACTIVITIES.] (a) Except as
specified in paragraphs (b) to (d), employment activities listed in
section 256J.49, subdivision 13, are allowable under the diversionary
work program.
(b) Work activities under section 256J.49, subdivision 13,
clause (5), shall be allowable only when in combination with approved
work activities under section 256J.49, subdivision 13, clauses (1) to
(4), and shall be limited to no more than one-half of the hours required
in the employment plan.
(c) In order for an English as a second language (ESL) class
to be an approved work activity, a participant must:
(1) be below a spoken language proficiency level of SPL6 or
its equivalent, as measured by a nationally recognized test; and
(2) not have been enrolled in ESL for more than 24 months
while previously participating in MFIP or DWP. A participant who has been enrolled in ESL for 20 or more
months may be approved for ESL until the participant has received 24
total months.
(d) Work activities under section 256J.49, subdivision 13,
clause (6), shall be allowable only when the training or education
program will be completed within the four-month DWP period. Training or education programs that will not
be completed within the four-month DWP period shall not be approved.
Subd. 16.
[FAILURE TO COMPLY WITH REQUIREMENTS.] A family unit that
includes a participant who fails to comply with DWP employment service
or child support enforcement requirements, without good cause as defined
in sections 256.741 and 256J.57, shall be disqualified from the
diversionary work program. The county
shall provide written notice as specified in section 256J.31 to the
participant prior to disqualifying the family unit due to noncompliance
with employment service or child support. The disqualification does not apply to food support or health
care benefits.
Subd. 17. [GOOD
CAUSE FOR NOT COMPLYING WITH REQUIREMENTS.] A participant who fails to
comply with the requirements of the diversionary work program may claim
good cause for reasons listed in sections 256.741 and 256J.57, subdivision
1, clauses (1) to (13). The county
shall not impose a disqualification if good cause exists.
Subd. 18.
[REINSTATEMENT FOLLOWING DISQUALIFICATION.] A participant who
has been disqualified from the diversionary work program due to
noncompliance with employment services may regain eligibility for the
diversionary work program by complying with program requirements. A participant who has been disqualified from
the diversionary work program due to noncooperation with child support
enforcement requirements may regain eligibility by complying with child
support requirements under section 256J.741. Once a participant has been reinstated, the county shall
issue prorated benefits for the remaining portion of the month. A family unit that has been
disqualified from the diversionary work program due to noncompliance
shall not be eligible for MFIP or any other TANF cash program during the
period of time the participant remains noncompliant. In a two-parent family, both parents
must be in compliance before the family unit can regain eligibility for
benefits.
Subd. 19.
[RECOVERY OF OVERPAYMENTS.] When an overpayment or an ATM
error is determined, the overpayment shall be recouped or recovered as
specified in section 256J.38.
Subd. 20.
[IMPLEMENTATION OF DWP.] Counties may establish a diversionary
work program according to this section any time on or after July 1,
2003. Prior to establishing a
diversionary work program, the county must notify the commissioner. All counties must implement the
provisions of this section no later than July 1, 2004.
Sec. 105. Minnesota
Statutes 2002, section 261.063, is amended to read:
261.063 [TAX LEVY FOR SOCIAL SERVICES; BOARD DUTY; PENALTY.]
(a) The board of county commissioners of each county shall
annually levy taxes and fix a rate sufficient to produce the full amount
required for poor relief, general assistance, Minnesota family investment
program, diversionary work program, county share of county and state
supplemental aid to supplemental security income applicants or recipients, and
any other social security measures wherein there is now or may hereafter be
county participation, sufficient to produce the full amount necessary for each
such item, including administrative expenses, for the ensuing year, within the time
fixed by law in addition to all other tax levies and tax rates, however fixed
or determined, and any commissioner who shall fail to comply herewith shall be
guilty of a gross misdemeanor and shall be immediately removed from office by
the governor. For the purposes of this
paragraph, "poor relief" means county services provided under
sections 261.035, 261.04, and 261.21 to 261.231.
(b) Nothing within the provisions of this section shall be
construed as requiring a county agency to provide income support or cash
assistance to needy persons when they are no longer eligible for assistance
under general assistance, the Minnesota family investment program chapter
256J, or Minnesota supplemental aid.
Sec. 106. Minnesota
Statutes 2002, section 393.07, subdivision 10, is amended to read:
Subd. 10. [FEDERAL FOOD
STAMP PROGRAM AND THE MATERNAL AND CHILD NUTRITION ACT.] (a) The local social
services agency shall establish and administer the food stamp or support
program according to rules of the commissioner of human services, the
supervision of the commissioner as specified in section 256.01, and all federal
laws and regulations. The commissioner
of human services shall monitor food stamp or support program delivery
on an ongoing basis to ensure that each county complies with federal laws and
regulations. Program requirements to be
monitored include, but are not limited to, number of applications, number of
approvals, number of cases pending, length of time required to process each
application and deliver benefits, number of applicants eligible for expedited
issuance, length of time required to process and deliver expedited issuance,
number of terminations and reasons for terminations, client profiles by age,
household composition and income level and sources, and the use of phone
certification and home visits. The
commissioner shall determine the county-by-county and statewide participation
rate.
(b) On July 1 of each year, the commissioner of human services
shall determine a statewide and county-by-county food stamp program
participation rate. The commissioner
may designate a different agency to administer the food stamp program in a
county if the agency administering the program fails to increase the food stamp
program participation rate among families or eligible individuals, or comply
with all federal laws and regulations governing the food stamp program. The
commissioner shall review agency performance annually to determine compliance
with this paragraph.
(c) A person who commits any of the following acts has
violated section 256.98 or 609.821, or both, and is subject to both the
criminal and civil penalties provided under those sections:
(1) obtains or attempts to obtain, or aids or abets any person
to obtain by means of a willful statement or misrepresentation, or intentional
concealment of a material fact, food stamps or vouchers issued according to
sections 145.891 to 145.897 to which the person is not entitled or in an amount
greater than that to which that person is entitled or which specify nutritional
supplements to which that person is not entitled; or
(2) presents or causes to be presented, coupons or vouchers
issued according to sections 145.891 to 145.897 for payment or redemption
knowing them to have been received, transferred or used in a manner contrary to
existing state or federal law; or
(3) willfully uses, possesses, or transfers food stamp coupons,
authorization to purchase cards or vouchers issued according to sections
145.891 to 145.897 in any manner contrary to existing state or federal law,
rules, or regulations; or
(4) buys or sells food stamp coupons, authorization to purchase
cards, other assistance transaction devices, vouchers issued according to
sections 145.891 to 145.897, or any food obtained through the redemption of
vouchers issued according to sections 145.891 to 145.897 for cash or
consideration other than eligible food.
(d) A peace officer or welfare fraud investigator may
confiscate food stamps, authorization to purchase cards, or other assistance transaction
devices found in the possession of any person who is neither a recipient of the
food stamp program nor otherwise authorized to possess and use such materials.
Confiscated property shall be disposed of as the commissioner may direct and
consistent with state and federal food stamp law. The confiscated property must be retained for a period of not
less than 30 days to allow any affected person to appeal the confiscation under
section 256.045.
(e) Food stamp overpayment claims which are due in whole or in
part to client error shall be established by the county agency for a period of
six years from the date of any resultant overpayment.
(f) With regard to the federal tax revenue offset program only,
recovery incentives authorized by the federal food and consumer service shall
be retained at the rate of 50 percent by the state agency and 50 percent by the
certifying county agency.
(g) A peace officer, welfare fraud investigator, federal law
enforcement official, or the commissioner of health may confiscate vouchers
found in the possession of any person who is neither issued vouchers under
sections 145.891 to 145.897, nor otherwise authorized to possess and use such
vouchers. Confiscated property shall be disposed of as the commissioner of health
may direct and consistent with state and federal law. The confiscated property
must be retained for a period of not less than 30 days.
(h) The commissioner of human services shall seek a waiver
from the United States Department of Agriculture to allow the state
to specify foods that may and may not be purchased in Minnesota with
benefits funded by the federal Food Stamp Program.
Sec. 107. Laws 1997,
chapter 203, article 9, section 21, as amended by Laws 1998, chapter 407,
article 6, section 111, Laws 2000, chapter 488, article 10, section 28, and
Laws 2001, First Special Session chapter 9, article 10, section 62, is amended
to read:
Sec. 21. [INELIGIBILITY FOR STATE FUNDED PROGRAMS.]
(a) Effective on the date specified, the following persons will
be ineligible for general assistance and general assistance medical care under
Minnesota Statutes, chapter 256D, group residential housing under Minnesota
Statutes, chapter 256I, and MFIP assistance under Minnesota Statutes, chapter
256J, funded with state money:
(1) Beginning July 1, 2002, persons who are terminated from or
denied Supplemental Security Income due to the 1996 changes in the federal law
making persons whose alcohol or drug addiction is a material factor
contributing to the person's disability ineligible for Supplemental Security
Income, and are eligible for general assistance under Minnesota Statutes,
section 256D.05, subdivision 1, paragraph (a), clause (15), general assistance
medical care under Minnesota Statutes, chapter 256D, or group residential
housing under Minnesota Statutes, chapter 256I; and
(2) Beginning July 1, 2002, legal noncitizens who are
ineligible for Supplemental Security Income due to the 1996 changes in federal
law making certain noncitizens ineligible for these programs due to their
noncitizen status; and.
(3) Beginning July 1, 2003, legal noncitizens who are
eligible for MFIP assistance, either the cash assistance portion or the food
assistance portion, funded entirely with state money.
(b) State money that remains unspent due to changes in federal
law enacted after May 12, 1997, that reduce state spending for legal
noncitizens or for persons whose alcohol or drug addiction is a material factor
contributing to the person's disability, or enacted after February 1, 1998,
that reduce state spending for food benefits for legal noncitizens shall not
cancel and shall be deposited in the TANF reserve account.
Sec. 108. [REVISOR'S
INSTRUCTION.]
(a) In the next publication of Minnesota Statutes, the revisor
of statutes shall codify section 107 of this act.
(b) Wherever "food stamp" or "food
stamps" appears in Minnesota Statutes and Rules, the revisor of
statutes shall insert "food support" or "or food
support" except for instances where federal code or federal law is
referenced.
(c) For sections in Minnesota Statutes and Minnesota Rules
affected by the repealed sections in this article, the revisor shall
delete internal cross-references where appropriate and make changes
necessary to correct the punctuation, grammar, or structure of the
remaining text and preserve its meaning.
Sec. 109. [REPEALER.]
(a) Minnesota Statutes 2002, sections 256J.02, subdivision
3; 256J.08, subdivisions 28 and 70; 256J.24, subdivision 8; 256J.30,
subdivision 10; 256J.462; 256J.47; 256J.48; 256J.49, subdivisions 1a, 2,
6, and 7; 256J.50, subdivisions 2, 3, 3a, 5, and 7; 256J.52; 256J.62,
subdivisions 1, 2a, 4, 6, 7, and 8; 256J.625; 256J.655; 256J.74,
subdivision 3; 256J.751, subdivisions 3 and 4; 256J.76; and 256K.30, are
repealed.
(b) Laws 2000, chapter 488, article 10, section 29, is repealed.
ARTICLE
2
HEALTH
CARE
Section 1. Minnesota
Statutes 2002, section 16A.724, is amended to read:
16A.724 [HEALTH CARE ACCESS FUND.]
A health care access fund is created in the state
treasury. The fund is a direct
appropriated special revenue fund. The
commissioner shall deposit to the credit of the fund money made available to
the fund. Notwithstanding section
11A.20, after June 30, 1997, all investment income and all investment losses
attributable to the investment of the health care access fund not currently
needed shall be credited to the health care access fund. The health care access fund shall sunset
on June 30, 2005, and all remaining funds shall be deposited in the
general fund. Beginning July 1, 2005,
all activities which would otherwise receive funding from the health
care access fund shall be funded out of the general fund.
Sec. 2. [151.4611]
[PURCHASE OF PRESCRIBER PRACTICE DATA PROHIBITED.]
A manufacturer or wholesale drug distributor shall not purchase
or otherwise obtain data relating to practitioners prescribing or
dispensing practices or patterns.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 3. Minnesota
Statutes 2002, section 256.01, subdivision 2, is amended to read:
Subd. 2. [SPECIFIC
POWERS.] Subject to the provisions of section 241.021, subdivision 2, the
commissioner of human services shall:
(1) Administer and supervise all forms of public assistance
provided for by state law and other welfare activities or services as are
vested in the commissioner.
Administration and supervision of human services activities or services
includes, but is not limited to, assuring timely and accurate distribution of
benefits, completeness of service, and quality program management. In addition to administering and supervising
human services activities vested by law in the department, the commissioner
shall have the authority to:
(a) require county agency participation in training and
technical assistance programs to promote compliance with statutes, rules,
federal laws, regulations, and policies governing human services;
(b) monitor, on an ongoing basis, the performance of county
agencies in the operation and administration of human services, enforce
compliance with statutes, rules, federal laws, regulations, and policies
governing welfare services and promote excellence of administration and program
operation;
(c) develop a quality control program or other monitoring program
to review county performance and accuracy of benefit determinations;
(d) require county agencies to make an adjustment to the public
assistance benefits issued to any individual consistent with federal law and
regulation and state law and rule and to issue or recover benefits as
appropriate;
(e) delay or deny payment of all or part of the state and
federal share of benefits and administrative reimbursement according to the
procedures set forth in section 256.017;
(f) make contracts with and grants to public and private
agencies and organizations, both profit and nonprofit, and individuals, using
appropriated funds; and
(g) enter into contractual agreements with federally recognized
Indian tribes with a reservation in Minnesota to the extent necessary for the
tribe to operate a federally approved family assistance program or any other
program under the supervision of the commissioner. The commissioner shall consult with the affected county or counties
in the
contractual agreement negotiations, if the county or counties wish to be
included, in order to avoid the duplication of county and tribal assistance
program services. The commissioner may
establish necessary accounts for the purposes of receiving and disbursing funds
as necessary for the operation of the programs.
(2) Inform county agencies, on a timely basis, of changes in
statute, rule, federal law, regulation, and policy necessary to county agency
administration of the programs.
(3) Administer and supervise all child welfare activities;
promote the enforcement of laws protecting handicapped, dependent, neglected
and delinquent children, and children born to mothers who were not married to
the children's fathers at the times of the conception nor at the births of the
children; license and supervise child-caring and child-placing agencies and
institutions; supervise the care of children in boarding and foster homes or in
private institutions; and generally perform all functions relating to the field
of child welfare now vested in the state board of control.
(4) Administer and supervise all noninstitutional service to
handicapped persons, including those who are visually impaired, hearing
impaired, or physically impaired or otherwise handicapped. The commissioner may provide and contract
for the care and treatment of qualified indigent children in facilities other
than those located and available at state hospitals when it is not feasible to
provide the service in state hospitals.
(5) Assist and actively cooperate with other departments,
agencies and institutions, local, state, and federal, by performing services in
conformity with the purposes of Laws 1939, chapter 431.
(6) Act as the agent of and cooperate with the federal
government in matters of mutual concern relative to and in conformity with the
provisions of Laws 1939, chapter 431, including the administration of any
federal funds granted to the state to aid in the performance of any functions
of the commissioner as specified in Laws 1939, chapter 431, and including the
promulgation of rules making uniformly available medical care benefits to all
recipients of public assistance, at such times as the federal government
increases its participation in assistance expenditures for medical care to
recipients of public assistance, the cost thereof to be borne in the same
proportion as are grants of aid to said recipients.
(7) Establish and maintain any administrative units reasonably
necessary for the performance of administrative functions common to all
divisions of the department.
(8) Act as designated guardian of both the estate and the
person of all the wards of the state of Minnesota, whether by operation of law
or by an order of court, without any further act or proceeding whatever, except
as to persons committed as mentally retarded.
For children under the guardianship of the commissioner whose interests
would be best served by adoptive placement, the commissioner may contract with
a licensed child-placing agency or a Minnesota tribal social services agency to
provide adoption services. A contract
with a licensed child-placing agency must be designed to supplement existing
county efforts and may not replace existing county programs, unless the
replacement is agreed to by the county board and the appropriate exclusive
bargaining representative or the commissioner has evidence that child
placements of the county continue to be substantially below that of other
counties. Funds encumbered and obligated under an agreement for a specific
child shall remain available until the terms of the agreement are fulfilled or
the agreement is terminated.
(9) Act as coordinating referral and informational center on
requests for service for newly arrived immigrants coming to Minnesota.
(10) The specific enumeration of powers and duties as
hereinabove set forth shall in no way be construed to be a limitation upon the
general transfer of powers herein contained.
(11) Establish county, regional, or
statewide schedules of maximum fees and charges which may be paid by county
agencies for medical, dental, surgical, hospital, nursing and nursing home care
and medicine and medical supplies under all programs of medical care provided
by the state and for congregate living care under the income maintenance
programs.
(12) Have the authority to conduct and administer experimental
projects to test methods and procedures of administering assistance and
services to recipients or potential recipients of public welfare. To carry out such experimental projects, it
is further provided that the commissioner of human services is authorized to
waive the enforcement of existing specific statutory program requirements,
rules, and standards in one or more counties.
The order establishing the waiver shall provide alternative methods and
procedures of administration, shall not be in conflict with the basic purposes,
coverage, or benefits provided by law, and in no event shall the duration of a
project exceed four years. It is
further provided that no order establishing an experimental project as authorized
by the provisions of this section shall become effective until the following
conditions have been met:
(a) The secretary of health and human services of the United
States has agreed, for the same project, to waive state plan requirements
relative to statewide uniformity.
(b) A comprehensive plan, including estimated project costs,
shall be approved by the legislative advisory commission and filed with the
commissioner of administration.
(13) According to federal requirements, establish procedures to
be followed by local welfare boards in creating citizen advisory committees,
including procedures for selection of committee members.
(14) Allocate federal fiscal disallowances or sanctions which
are based on quality control error rates for the aid to families with dependent
children program formerly codified in sections 256.72 to 256.87, medical
assistance, or food stamp program in the following manner:
(a) One-half of the total amount of the disallowance shall be
borne by the county boards responsible for administering the programs. For the medical assistance and the AFDC
program formerly codified in sections 256.72 to 256.87, disallowances shall be
shared by each county board in the same proportion as that county's
expenditures for the sanctioned program are to the total of all counties'
expenditures for the AFDC program formerly codified in sections 256.72 to
256.87, and medical assistance programs.
For the food stamp program, sanctions shall be shared by each county
board, with 50 percent of the sanction being distributed to each county in the
same proportion as that county's administrative costs for food stamps are to
the total of all food stamp administrative costs for all counties, and 50
percent of the sanctions being distributed to each county in the same
proportion as that county's value of food stamp benefits issued are to the
total of all benefits issued for all counties.
Each county shall pay its share of the disallowance to the state of
Minnesota. When a county fails to pay
the amount due hereunder, the commissioner may deduct the amount from
reimbursement otherwise due the county, or the attorney general, upon the
request of the commissioner, may institute civil action to recover the amount
due.
(b) Notwithstanding the provisions of paragraph (a), if the
disallowance results from knowing noncompliance by one or more counties with a
specific program instruction, and that knowing noncompliance is a matter of
official county board record, the commissioner may require payment or recover
from the county or counties, in the manner prescribed in paragraph (a), an
amount equal to the portion of the total disallowance which resulted from the
noncompliance, and may distribute the balance of the disallowance according to
paragraph (a).
(15) Develop and implement special projects that maximize
reimbursements and result in the recovery of money to the state. For the purpose of recovering state money,
the commissioner may enter into contracts with third parties. Any recoveries that result from projects or
contracts entered into under this paragraph shall be deposited in the state treasury and credited
to a special account until the balance in the account reaches $1,000,000. When the balance in the account exceeds
$1,000,000, the excess shall be transferred and credited to the general
fund. All money in the account is
appropriated to the commissioner for the purposes of this paragraph.
(16) Have the authority to make direct payments to facilities
providing shelter to women and their children according to section 256D.05,
subdivision 3. Upon the written request
of a shelter facility that has been denied payments under section 256D.05,
subdivision 3, the commissioner shall review all relevant evidence and make a
determination within 30 days of the request for review regarding issuance of
direct payments to the shelter facility.
Failure to act within 30 days shall be considered a determination not to
issue direct payments.
(17) Have the authority to establish and enforce the following
county reporting requirements:
(a) The commissioner shall establish fiscal and statistical
reporting requirements necessary to account for the expenditure of funds
allocated to counties for human services programs. When establishing financial
and statistical reporting requirements, the commissioner shall evaluate all
reports, in consultation with the counties, to determine if the reports can be
simplified or the number of reports can be reduced.
(b) The county board shall submit monthly or quarterly reports
to the department as required by the commissioner. Monthly reports are due no
later than 15 working days after the end of the month. Quarterly reports are due no later than 30
calendar days after the end of the quarter, unless the commissioner determines
that the deadline must be shortened to 20 calendar days to avoid jeopardizing
compliance with federal deadlines or risking a loss of federal funding. Only reports that are complete, legible, and
in the required format shall be accepted by the commissioner.
(c) If the required reports are not received by the deadlines
established in clause (b), the commissioner may delay payments and withhold
funds from the county board until the next reporting period. When the report is needed to account for the
use of federal funds and the late report results in a reduction in federal
funding, the commissioner shall withhold from the county boards with late
reports an amount equal to the reduction in federal funding until full federal
funding is received.
(d) A county board that submits reports that are late,
illegible, incomplete, or not in the required format for two out of three
consecutive reporting periods is considered noncompliant. When a county board is found to be
noncompliant, the commissioner shall notify the county board of the reason the
county board is considered noncompliant and request that the county board
develop a corrective action plan stating how the county board plans to correct
the problem. The corrective action plan
must be submitted to the commissioner within 45 days after the date the county
board received notice of noncompliance.
(e) The final deadline for fiscal reports or amendments to
fiscal reports is one year after the date the report was originally due. If the commissioner does not receive a
report by the final deadline, the county board forfeits the funding associated
with the report for that reporting period and the county board must repay any
funds associated with the report received for that reporting period.
(f) The commissioner may not delay payments, withhold funds, or
require repayment under paragraph (c) or (e) if the county demonstrates that
the commissioner failed to provide appropriate forms, guidelines, and technical
assistance to enable the county to comply with the requirements. If the county board disagrees with an action
taken by the commissioner under paragraph (c) or (e), the county board may
appeal the action according to sections 14.57 to 14.69.
(g) Counties subject to withholding of funds under paragraph
(c) or forfeiture or repayment of funds under paragraph (e) shall not reduce or
withhold benefits or services to clients to cover costs incurred due to actions
taken by the commissioner under paragraph (c) or (e).
(18) Allocate federal fiscal disallowances or sanctions for
audit exceptions when federal fiscal disallowances or sanctions are based on a
statewide random sample for the foster care program under title IV-E of the
Social Security Act, United States Code, title 42, in direct proportion to each
county's title IV-E foster care maintenance claim for that period.
(19) Be responsible for ensuring the detection, prevention,
investigation, and resolution of fraudulent activities or behavior by
applicants, recipients, and other participants in the human services programs
administered by the department.
(20) Require county agencies to identify overpayments,
establish claims, and utilize all available and cost-beneficial methodologies
to collect and recover these overpayments in the human services programs
administered by the department.
(21) Have the authority to administer a drug rebate program for
drugs purchased pursuant to the prescription drug program established under
section 256.955 after the beneficiary's satisfaction of any deductible established
in the program. The commissioner shall
require a rebate agreement from all manufacturers of covered drugs as defined
in section 256B.0625, subdivision 13.
Rebate agreements for prescription drugs delivered on or after July 1,
2002, must include rebates for individuals covered under the prescription drug
program who are under 65 years of age.
For each drug, the amount of the rebate shall be equal to the basic
rebate as defined for purposes of the federal rebate program in United States
Code, title 42, section 1396r-8(c)(1). This
basic rebate shall be applied to single-source and multiple-source drugs. The manufacturers must provide full payment
within 30 days of receipt of the state invoice for the rebate within the terms
and conditions used for the federal rebate program established pursuant to
section 1927 of title XIX of the Social Security Act. The manufacturers must provide the commissioner with any
information necessary to verify the rebate determined per drug. The rebate program shall utilize the terms
and conditions used for the federal rebate program established pursuant to
section 1927 of title XIX of the Social Security Act.
(22) Have the authority to administer the federal drug rebate
program for drugs purchased under the medical assistance program as allowed by
section 1927 of title XIX of the Social Security Act and according to the terms
and conditions of section 1927. Rebates
shall be collected for all drugs that have been dispensed or administered in an
outpatient setting and that are from manufacturers who have signed a rebate
agreement with the United States Department of Health and Human Services.
(23) Have the authority to administer a supplemental drug
rebate program for drugs purchased under the medical assistance program. The commissioner may enter into supplemental
rebate contracts with pharmaceutical manufacturers and may require prior
authorization for drugs that are from manufacturers that have not signed a
supplemental rebate contract. Prior
authorization of drugs shall be subject to the provisions of section 256B.0625,
subdivision 13.
(24) Operate the department's communication systems account
established in Laws 1993, First Special Session chapter 1, article 1, section
2, subdivision 2, to manage shared communication costs necessary for the
operation of the programs the commissioner supervises. A communications account may also be
established for each regional treatment center which operates communications
systems. Each account must be used to
manage shared communication costs necessary for the operations of the programs
the commissioner supervises. The
commissioner may distribute the costs of operating and maintaining
communication systems to participants in a manner that reflects actual usage.
Costs may include acquisition, licensing, insurance, maintenance, repair, staff
time and other costs as determined by the commissioner. Nonprofit organizations and state, county,
and local government agencies involved in the operation of programs the
commissioner supervises may participate in the use of the department's
communications technology and share in the cost of operation. The commissioner may accept on behalf of the
state any gift, bequest, devise or
personal property of any kind, or money tendered to the state for any lawful
purpose pertaining to the communication activities of the department. Any money
received for this purpose must be deposited in the department's communication
systems accounts. Money collected by
the commissioner for the use of communication systems must be deposited in the
state communication systems account and is appropriated to the commissioner for
purposes of this section.
(25) Receive any federal matching money that is made available
through the medical assistance program for the consumer satisfaction
survey. Any federal money received for
the survey is appropriated to the commissioner for this purpose. The commissioner may expend the federal money
received for the consumer satisfaction survey in either year of the biennium.
(26) Incorporate cost reimbursement claims from First Call
Minnesota and Greater Twin Cities United Way into the federal cost
reimbursement claiming processes of the department according to federal law,
rule, and regulations. Any
reimbursement received is appropriated to the commissioner and shall be
disbursed to First Call Minnesota and Greater Twin Cities United Way according
to normal department payment schedules.
(27) Develop recommended standards for foster care homes that
address the components of specialized therapeutic services to be provided by
foster care homes with those services.
Sec. 4. Minnesota
Statutes 2002, section 256.046, subdivision 1, is amended to read:
Subdivision 1. [HEARING
AUTHORITY.] A local agency must initiate an administrative fraud
disqualification hearing for individuals accused of wrongfully obtaining
assistance or intentional program violations, in lieu of a criminal action when
it has not been pursued, in the aid to families with dependent children program
formerly codified in sections 256.72 to 256.87, MFIP, child care assistance
programs, general assistance, family general assistance program formerly
codified in section 256D.05, subdivision 1, clause (15), Minnesota supplemental
aid, medical care, or food stamp programs, general assistance
medical care, MinnesotaCare for adults without children, and upon
federal approval, all categories of medical assistance and remaining
categories of MinnesotaCare except for children ages up to 18. The hearing is subject to the requirements
of section 256.045 and the requirements in Code of Federal Regulations, title
7, section 273.16, for the food stamp program and title 45, section 235.112, as
of September 30, 1995, for the cash grant and medical care programs.
Sec. 5. [256.954]
[PRESCRIPTION DRUG DISCOUNT PROGRAM.]
Subdivision 1.
[ESTABLISHMENT; ADMINISTRATION.] The commissioner of human
services shall establish and administer the prescription drug discount
program, effective January 1, 2004.
Subd. 2. [COMMISSIONER'S
AUTHORITY.] The commissioner shall administer a drug rebate program
for drugs purchased according to the prescription drug discount
program. The commissioner shall
require a rebate agreement from all manufacturers of covered drugs as
defined in section 256B.0625, subdivision 13. For each drug, the amount of the rebate shall be equal to
the rebate as defined for purposes of the federal rebate program in
United States Code, title 42, section 1396r-8. The rebate program shall utilize the terms and conditions
used for the federal rebate program established according to section
1927 of title XIX of the federal Social Security Act.
Subd. 3.
[DEFINITIONS.] For the purpose of this section, the following
terms have the meanings given them:
(a) "Commissioner" means the commissioner of human
services.
(b) "Manufacturer" means a manufacturer as defined
in section 151.44, paragraph (c).
(c) "Covered prescription drug" means a
prescription drug as defined in section 151.44, paragraph (d), that is
covered under medical assistance as described in section 256B.0625, subdivision
13, and that is provided by a manufacturer that has a fully executed
rebate agreement with the commissioner under this section and complies
with that agreement. Multisource drugs
for which there are three or more drug products are not subject to the
requirements of this section. This
exemption does not apply to innovator multisource drugs.
(d) "Health carrier" means an insurance company
licensed under chapter 60A to offer, sell, or issue an individual or
group policy of accident and sickness insurance as defined in section
62A.01; a nonprofit health service plan corporation operating under
chapter 62C; a health maintenance organization operating under chapter
62D; a joint self-insurance employee health plan operating under chapter
62H; a community integrated systems network licensed under chapter 62N;
a fraternal benefit society operating under chapter 64B; a city, county,
school district, or other political subdivision providing self-insured
health coverage under section 461.617 or sections 471.98 to 471.982;
and a self-funded health plan under the Employee Retirement Income
Security Act of 1974, as amended.
(e) "Participating pharmacy" means a pharmacy as
defined in section 151.01, subdivision 2, that agrees to participate in
the prescription drug discount program.
(f) "Enrolled individual" means a person who is
eligible for the program under subdivision 4 and has enrolled in the
program according to subdivision 5.
Subd. 4.
[ELIGIBLE PERSONS.] To be eligible for the program, an
applicant must:
(1) be a permanent resident of Minnesota as defined in section
256L.09, subdivision 4;
(2) not be enrolled in medical assistance, general assistance
medical care, MinnesotaCare, or the prescription drug program under
section 256.955;
(3) not be enrolled in and have currently available prescription
drug coverage under a health plan offered by a health carrier;
(4) not be enrolled in and have currently available prescription
drug coverage under a Medicare supplement plan, as defined in sections
62A.31 to 62A.44, or policies, contracts, or certificates that
supplement Medicare issued by health maintenance organizations or those
policies, contracts, or certificates governed by section 1833 or 1876 of
the federal Social Security Act, United States Code, title 42, section
1395, et. seq., as amended; and
(5) have a gross household income that does not exceed 250
percent of the federal poverty guidelines.
Subd. 5. [APPLICATION
PROCEDURE.] (a) Applications and information on the program must be
made available at county social services agencies, health care provider
offices, and agencies and organizations serving senior citizens. Individuals shall submit applications
and any information specified by the commissioner as being necessary to
verify eligibility directly to the commissioner. The commissioner shall determine an applicant's
eligibility for the program within 30 days from the date the application
is received. Eligibility begins the
month after approval.
(b) The commissioner shall develop an application form that
does not exceed one page in length and requires information necessary
to determine eligibility for the program.
Subd. 6.
[PARTICIPATING PHARMACY.] According to a valid prescription, a
participating pharmacy must sell a covered prescription drug to an
enrolled individual at the pharmacy's usual and customary retail price,
minus an amount that is equal to the rebate amount described in
subdivision 8, plus the amount of any administrative fee and switch fee established by
the commissioner under subdivision 10.
Each participating pharmacy shall provide the commissioner with
all information necessary to administer the program, including, but not
limited to, information on prescription drug sales to enrolled
individuals and usual and customary retail prices.
Subd. 7.
[NOTIFICATION OF REBATE AMOUNT.] The commissioner shall notify
each drug manufacturer, each calendar quarter or according to a schedule
to be established by the commissioner, of the amount of the rebate owed
on the prescription drugs sold by participating pharmacies to enrolled
individuals.
Subd. 8.
[PROVISION OF REBATE.] To the extent that a manufacturer's
prescription drugs are prescribed to a citizen of this state, the
manufacturer must provide a rebate equal to the rebate provided under
the medical assistance program for any prescription drug distributed by
the manufacturer that is purchased by an enrolled individual at a
participating pharmacy. The
manufacturer must provide full payment within 30 days of receipt of the
state invoice for the rebate, or according to a schedule to be
established by the commissioner. The commissioner shall deposit all
rebates received into the Minnesota prescription drug dedicated fund
established under this section.
The manufacturer must provide the commissioner with any
information necessary to verify the rebate determined per drug.
Subd. 9.
[PAYMENT TO PHARMACIES.] The commissioner shall distribute on
a biweekly basis an amount that is equal to an estimate of the rebate
amount described in subdivision 8 to each participating pharmacy based
on the prescription drugs sold by that pharmacy to enrolled individuals,
minus the amount of the administrative fee established by the
commissioner under subdivision 10.
Subd. 10.
[ADMINISTRATIVE FEE; SWITCH FEE.] The commissioner shall
establish a reasonable administrative fee that covers the commissioner's
expenses for enrollment, processing claims, repaying the appropriation
from the health care access fund over a seven-year period, and
distributing rebates under this program. The commissioner shall establish a reasonable switch fee
that covers expenses incurred by pharmacies in formatting for electronic
submission claims for prescription drugs sold to enrolled individuals.
Subd. 11.
[DEDICATED FUND; CREATION; USE OF FUND.] (a) The Minnesota
prescription drug dedicated fund is established as an account in the
state treasury. The commissioner of
finance shall credit to the dedicated fund all rebates paid under subdivision
8, any federal funds received for the program, and any appropriations or
allocations designated for the fund.
The commissioner of finance shall ensure that fund money is
invested under section 11A.25.
All money earned by the fund must be credited to the fund. The fund shall earn a proportionate share
of the total state annual investment income.
(b) Money in the fund is appropriated to the commissioner
of human services to reimburse participating pharmacies for prescription
drug discounts provided to enrolled individuals under this section, to
reimburse the commissioner of human services for costs related to
enrollment, processing claims, distributing rebates, and for other
reasonable administrative costs related to administration of the
prescription drug discount program, and to repay the appropriation
provided for this section. The
commissioner must administer the program so that the costs total no more
than funds appropriated plus the drug rebate proceeds.
Sec. 6. Minnesota
Statutes 2002, section 256.955, subdivision 2a, is amended to read:
Subd. 2a.
[ELIGIBILITY.] An individual satisfying the following requirements and
the requirements described in subdivision 2, paragraph (d), is eligible for the
prescription drug program:
(1) is at least 65 years of age or older; and
(2) is eligible as a qualified Medicare beneficiary according
to section 256B.057, subdivision 3, or 3a, or 3b, clause (1),
or is eligible under section 256B.057, subdivision 3, or 3a, or
3b, clause (1), and is also eligible for medical assistance or general
assistance medical care with a spenddown as defined in section 256B.056,
subdivision 5.
Sec. 7. Minnesota Statutes 2002, section 256.955, subdivision 3, is
amended to read:
Subd. 3. [PRESCRIPTION
DRUG COVERAGE.] Coverage under the program shall be limited to those
prescription drugs that:
(1) are covered under the medical assistance program as
described in section 256B.0625, subdivision 13; and
(2) are provided by manufacturers that have fully executed
senior drug rebate agreements with the commissioner and comply with such
agreements; and
(3) for a specific enrollee, are not covered under an assistance
program offered by a pharmaceutical manufacturer, as determined by the
board on aging under section 256.975, subdivision 9, except that this
shall not apply to qualified individuals under this section who are also
eligible for medical assistance with a spenddown as described in
subdivision 2a, clause (2), and subdivision 2b, clause (2).
[EFFECTIVE DATE.] This
section is effective 90 days after implementation by the board of aging
of the prescription drug assistance program under section 256.975,
subdivision 9.
Sec. 8. Minnesota
Statutes 2002, section 256.955, is amended by adding a subdivision to read:
Subd. 4a.
[REFERRALS TO PRESCRIPTION DRUG ASSISTANCE PROGRAM.] County social
service agencies, in coordination with the commissioner and the
Minnesota board on aging, shall refer individuals applying to the
prescription drug program, or enrolled in the prescription drug program,
to the prescription drug assistance program for all required
prescription drugs that the board on aging determines, under section
256.975, subdivision 9, are covered under an assistance program offered
by a pharmaceutical manufacturer.
Applicants and enrollees referred to the prescription drug
assistance program remain eligible for coverage under the prescription
drug program of all prescription drugs covered under subdivision 3. The board on aging shall phase-in
participation of enrollees, over a period of 90 days, after
implementation of the program under section 256.975, subdivision 9. This subdivision does not apply to individuals
who are also eligible for medical assistance with a spenddown as defined
in section 256B.056, subdivision 5.
[EFFECTIVE DATE.] This
section is effective 90 days after implementation by the board of aging
of the prescription drug assistance program under section 256.975,
subdivision 9.
Sec. 9. Minnesota
Statutes 2002, section 256.969, subdivision 2b, is amended to read:
Subd. 2b. [OPERATING
PAYMENT RATES.] In determining operating payment rates for admissions occurring
on or after the rate year beginning January 1, 1991, and every two years after,
or more frequently as determined by the commissioner, the commissioner shall
obtain operating data from an updated base year and establish operating payment
rates per admission for each hospital based on the cost-finding methods and
allowable costs of the Medicare program in effect during the base year. Rates
under the general assistance medical care, medical assistance, and
MinnesotaCare programs shall not be rebased to more current data on January 1,
1997, and January 1, 2005. The
base year operating payment rate per admission is standardized by the case mix
index and adjusted by the hospital cost index, relative values, and
disproportionate population adjustment. The cost and charge data used to
establish operating rates shall only reflect inpatient services covered by
medical assistance and shall not include property cost information and costs
recognized in outlier payments.
Sec. 10. Minnesota
Statutes 2002, section 256.969, subdivision 3a, is amended to read:
Subd. 3a. [PAYMENTS.]
(a) Acute care hospital billings under the medical assistance program must not
be submitted until the recipient is discharged. However, the commissioner shall establish monthly interim
payments for inpatient hospitals that have individual patient lengths of stay
over 30 days regardless of diagnostic category. Except as provided in section 256.9693, medical assistance
reimbursement for treatment of mental illness shall be reimbursed
based on diagnostic classifications. Individual hospital payments established
under this section and sections 256.9685, 256.9686, and 256.9695, in addition
to third party and recipient liability, for discharges occurring during the
rate year shall not exceed, in aggregate, the charges for the medical
assistance covered inpatient services paid for the same period of time to the
hospital. This payment limitation shall
be calculated separately for medical assistance and general assistance medical
care services. The limitation on
general assistance medical care shall be effective for admissions occurring on
or after July 1, 1991. Services that
have rates established under subdivision 11 or 12, must be limited separately
from other services. After consulting
with the affected hospitals, the commissioner may consider related hospitals
one entity and may merge the payment rates while maintaining separate provider
numbers. The operating and property
base rates per admission or per day shall be derived from the best Medicare and
claims data available when rates are established. The commissioner shall determine the best Medicare and claims
data, taking into consideration variables of recency of the data, audit
disposition, settlement status, and the ability to set rates in a timely manner. The commissioner shall notify hospitals of
payment rates by December 1 of the year preceding the rate year. The rate setting data must reflect the
admissions data used to establish relative values. Base year changes from 1981 to the base year established for the
rate year beginning January 1, 1991, and for subsequent rate years, shall not
be limited to the limits ending June 30, 1987, on the maximum rate of increase
under subdivision 1. The commissioner
may adjust base year cost, relative value, and case mix index data to exclude
the costs of services that have been discontinued by the October 1 of the year
preceding the rate year or that are paid separately from inpatient services.
Inpatient stays that encompass portions of two or more rate years shall have
payments established based on payment rates in effect at the time of admission
unless the date of admission preceded the rate year in effect by six months or
more. In this case, operating payment
rates for services rendered during the rate year in effect and established
based on the date of admission shall be adjusted to the rate year in effect by
the hospital cost index.
(b) For fee-for-service admissions occurring on or after July
1, 2002, the total payment, before third-party liability and spenddown, made to
hospitals for inpatient services is reduced by .5 percent from the current
statutory rates.
(c) In addition to the reduction in paragraph (b), the total
payment for fee-for-service admissions occurring on or after July 1,
2003, made to hospitals for inpatient services before third-party
liability and spenddown, is reduced 2.5 percent from the current
statutory rates. Mental health services
within diagnosis related groups 424 to 432, and facilities defined under
subdivision 16 are excluded from this paragraph.
Sec. 11. Minnesota
Statutes 2002, section 256.975, is amended by adding a subdivision to read:
Subd. 9.
[PRESCRIPTION DRUG ASSISTANCE.] (a) The Minnesota board on
aging shall establish and administer a prescription drug assistance
program to assist individuals in accessing programs offered by
pharmaceutical manufacturers that provide free or discounted
prescription drugs or provide coverage for prescription drugs. The board shall use computer software programs
to link individuals with the pharmaceutical assistance programs most
appropriate for the individual. The
board shall make information on the prescription drug assistance program
available to interested individuals and health care providers and
shall coordinate the program with the statewide information and
assistance services provided through the Senior LinkAge Line under
subdivision 7.
(b) The board shall work with the commissioner and county
social service agencies to coordinate the enrollment of individuals
who are referred to the prescription drug assistance program from the
prescription drug program, as required under section 256.955,
subdivision 4a.
Sec. 12. Minnesota
Statutes 2002, section 256.98, subdivision 3, is amended to read:
Subd. 3. [AMOUNT OF
ASSISTANCE INCORRECTLY PAID.] The amount of the assistance incorrectly paid
under this section is:
(a) the difference between the
amount of assistance actually received on the basis of misrepresented or
concealed facts and the amount to which the recipient would have been entitled
had the specific concealment or misrepresentation not occurred. Unless required by law, rule, or regulation,
earned income disregards shall not be applied to earnings not reported by the
recipient; or
(b) equal to all payments for health care services, including
capitation payments made to a health plan, made on behalf of a person
enrolled in MinnesotaCare, medical assistance, or general assistance
medical care, for which the person was not entitled due to the
concealment or misrepresentation of facts.
Sec. 13. Minnesota
Statutes 2002, section 256.98, subdivision 4, is amended to read:
Subd. 4. [RECOVERY OF
ASSISTANCE.] The amount of assistance determined to have been incorrectly paid
is recoverable from:
(1) the recipient or the recipient's estate by the county or
the state as a debt due the county or the state or both; and
(2) any person found to have taken independent action to
establish eligibility for, conspired with, or aided and abetted, any recipient
of public assistance found to have been incorrectly paid.
The obligations established under this subdivision shall be
joint and several and shall extend to all cases involving client error as well
as cases involving wrongfully obtained assistance.
MinnesotaCare participants who have been found to have wrongfully
obtained assistance as described in subdivision 1, but who otherwise
remain eligible for the program, may agree to have their MinnesotaCare
premiums increased by an amount equal to ten percent of their premiums
or $10 per month, whichever is greater, until the debt is satisfied.
Sec. 14. Minnesota
Statutes 2002, section 256.98, subdivision 8, is amended to read:
Subd. 8.
[DISQUALIFICATION FROM PROGRAM.] (a) Any person found to be guilty of
wrongfully obtaining assistance by a federal or state court or by an
administrative hearing determination, or waiver thereof, through a
disqualification consent agreement, or as part of any approved diversion plan
under section 401.065, or any court-ordered stay which carries with it any probationary
or other conditions, in the Minnesota family investment program, the food stamp
program, the general assistance program, the group residential housing program,
or the Minnesota supplemental aid program shall be disqualified from that
program. In addition, any person
disqualified from the Minnesota family investment program shall also be
disqualified from the food stamp program.
The needs of that individual shall not be taken into consideration in
determining the grant level for that assistance unit:
(1) for one year after the first offense;
(2) for two years after the second offense; and
(3) permanently after the third or subsequent offense.
The period of program disqualification shall begin on the date
stipulated on the advance notice of disqualification without possibility of
postponement for administrative stay or administrative hearing and shall
continue through completion unless and until the findings upon which the
sanctions were imposed are reversed by a court of competent jurisdiction. The period for which sanctions are imposed
is not subject to review. The sanctions
provided under this subdivision are in addition to, and not in substitution
for, any other sanctions that may be provided
for by law for the offense involved. A
disqualification established through hearing or waiver shall result in the
disqualification period beginning immediately unless the person has become
otherwise ineligible for assistance. If
the person is ineligible for assistance, the disqualification period begins
when the person again meets the eligibility criteria of the program from which
they were disqualified and makes application for that program.
(b) A family receiving assistance through child care assistance
programs under chapter 119B with a family member who is found to be guilty of
wrongfully obtaining child care assistance by a federal court, state court, or
an administrative hearing determination or waiver, through a disqualification
consent agreement, as part of an approved diversion plan under section 401.065,
or a court-ordered stay with probationary or other conditions, is disqualified
from child care assistance programs.
The disqualifications must be for periods of three months, six months,
and two years for the first, second, and third offenses respectively. Subsequent violations must result in
permanent disqualification. During the
disqualification period, disqualification from any child care program must extend
to all child care programs and must be immediately applied.
(c) Any person found to be guilty of wrongfully obtaining
general assistance medical care, MinnesotaCare for adults without
children, and upon federal approval, all categories of medical
assistance and remaining categories of MinnesotaCare, except for
children up to age 18, by a federal or state court or by an
administrative hearing determination, or waiver thereof, through a
disqualification consent agreement, or as part of any approved diversion
plan under section 401.065, or any court-ordered stay which carries with
it any probationary or other conditions, is disqualified from that
program. The period of
disqualification is one year after the first offense, two years after
the second offense, and permanently after the third or subsequent
offense. The period of program
disqualification shall begin on the date stipulated on the advance
notice of disqualification without possibility of postponement for administrative
stay or administrative hearing and shall continue through completion
unless and until the findings upon which the sanctions were imposed are
reversed by a court of competent jurisdiction. The period for which sanctions are imposed is not subject
to review. The sanctions provided under
this subdivision are in addition to, and not in substitution for, any
other sanctions that may be provided for by law for the offense involved.
Sec. 15. Minnesota
Statutes 2002, section 256B.055, is amended by adding a subdivision to read:
Subd. 13.
[RESIDENTS OF INSTITUTIONS FOR MENTAL DISEASES.] Beginning October 1,
2003, persons who would be eligible for medical assistance under this
chapter but for residing in a facility that is determined by the
commissioner or the federal Centers for Medicare and Medicaid Services
to be an institution for mental diseases are eligible for medical
assistance without federal financial participation.
Sec. 16. Minnesota
Statutes 2002, section 256B.056, subdivision 1a, is amended to read:
Subd. 1a. [INCOME AND
ASSETS GENERALLY.] Unless specifically required by state law or rule or federal
law or regulation, the methodologies used in counting income and assets to
determine eligibility for medical assistance for persons whose eligibility
category is based on blindness, disability, or age of 65 or more years, the
methodologies for the supplemental security income program shall be used. Increases in benefits under title II of the
Social Security Act shall not be counted as income for purposes of this
subdivision until July 1 of each year.
Effective upon federal approval, for children eligible under section
256B.055, subdivision 12, or for home and community-based waiver services whose
eligibility for medical assistance is determined without regard to parental
income, child support payments, including any payments made by an obligor in
satisfaction of or in addition to a temporary or permanent order for child
support, and social security payments are not counted as income. For families and children, which includes
all other eligibility categories, the methodologies under the state's AFDC plan
in effect as of July 16, 1996, as required by the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law and
one-third earned income disregards shall not apply and the disregard specified
in subdivision 1c shall apply October 1, 2003, the earned income
disregards and deductions are limited to those in subdivision 1c. For these purposes, a
"methodology" does not include an asset or income standard, or
accounting method, or method of determining effective dates. Number
104-193, shall be used, except that effective July 1, 2002, the $90 and $30
Sec. 17. Minnesota
Statutes 2002, section 256B.056, subdivision 1c, is amended to read:
Subd. 1c. [FAMILIES
WITH CHILDREN INCOME METHODOLOGY.] (a)(1) For children ages one to five
whose eligibility is determined under section 256B.057, subdivision 2, 21
percent of countable earned income shall be disregarded for up to four
months. This clause expires July 1,
2003.
(2) For children ages one through 18 whose eligibility is
determined under section 256B.057, subdivision 2, the following deductions
shall be applied to income counted toward the child's eligibility as
allowed under the state's AFDC plan in effect as of July 16, 1996: $90 work expense, dependent care, and child
support paid under court order. This
clause is effective October 1, 2003.
(b) For families with children whose eligibility is determined
using the standard specified in section 256B.056, subdivision 4, paragraph (c),
17 percent of countable earned income shall be disregarded for up to four
months and the following deductions shall be applied to each
individual's income counted toward eligibility as allowed under the
state's AFDC plan in effect as of July 16, 1996: dependent care and child support paid
under court order.
(c) If the four month disregard in paragraph (b)
has been applied to the wage earner's income for four months, the disregard
shall not be applied again until the wage earner's income has not been
considered in determining medical assistance eligibility for 12 consecutive
months.
[EFFECTIVE DATE.] The
amendments to paragraphs (b) and (c) are effective July 1, 2003.
Sec. 18. Minnesota
Statutes 2002, section 256B.057, subdivision 1, is amended to read:
Subdivision 1. [PREGNANT
WOMEN AND INFANTS.] (a) An infant less than one year of age or a pregnant
woman who has written verification of a positive pregnancy test from a
physician or licensed registered nurse, is eligible for medical assistance
if countable family income is equal to or less than 275 percent of the federal
poverty guideline for the same family size.
A pregnant woman who has written verification of a positive
pregnancy test from a physician or licensed registered nurse is eligible
for medical assistance if countable family income is equal to or less
than 200 percent of the federal poverty guideline for the same family
size. For purposes of this
subdivision, "countable family income" means the amount of income
considered available using the methodology of the AFDC program under the
state's AFDC plan as of July 16, 1996, as required by the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public
Law Number 104-193, except for the earned income disregard and
employment deductions.
(b) An amount equal to the amount of earned income
exceeding 275 percent of the federal poverty guideline, up to a maximum of the
amount by which the combined total of 185 percent of the federal poverty
guideline plus the earned income disregards and deductions of the AFDC program
under the state's AFDC plan as of July 16, 1996, as required by the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public
Law Number 104-193, exceeds 275 percent of the federal poverty guideline
will be deducted for pregnant women and infants less than one year of age. This paragraph expires July 1,
2003.
(c) Effective July 1, 2003, dependent care and child support
paid under court order shall be deducted from the countable income of
pregnant women.
(b) (d) An infant born on or after January 1,
1991, to a woman who was eligible for and receiving medical assistance on the
date of the child's birth shall continue to be eligible for medical assistance
without redetermination until the child's first birthday, as long as the child
remains in the woman's household.
[EFFECTIVE DATE.] This
section is effective February 1, 2004, or upon federal approval,
whichever is later, except where a different date is specified in the
text.
Sec. 19. Minnesota
Statutes 2002, section 256B.057, subdivision 2, is amended to read:
Subd. 2. [CHILDREN.]
Except as specified in subdivision 1b, effective July 1, 2002 October
1, 2003, a child one through 18 years of age in a family whose countable
income is no greater than 170 150 percent of the federal poverty
guidelines for the same family size, is eligible for medical assistance.
Sec. 20. Minnesota
Statutes 2002, section 256B.057, subdivision 3b, is amended to read:
Subd. 3b. [QUALIFYING
INDIVIDUALS.] Beginning July 1, 1998, to the extent of the federal
allocation to Minnesota contingent upon federal funding, a person
who would otherwise be eligible as a qualified Medicare beneficiary under
subdivision 3, except that the person's income is in excess of the limit, is
eligible as a qualifying individual according to the following criteria:
(1) if the person's income is greater than 120 percent, but
less than 135 percent of the official federal poverty guidelines for the
applicable family size, the person is eligible for medical assistance
reimbursement of Medicare Part B premiums; or
(2) if the person's income is equal to or greater than 135
percent but less than 175 percent of the official federal poverty guidelines
for the applicable family size, the person is eligible for medical assistance
reimbursement of that portion of the Medicare Part B premium attributable to an
increase in Part B expenditures which resulted from the shift of home care
services from Medicare Part A to Medicare Part B under Public Law Number
105-33, section 4732, the Balanced Budget Act of 1997.
The commissioner shall limit enrollment of qualifying
individuals under this subdivision according to the requirements of Public Law Number
105-33, section 4732.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 21. Minnesota
Statutes 2002, section 256B.057, subdivision 9, is amended to read:
Subd. 9. [EMPLOYED
PERSONS WITH DISABILITIES.] (a) Medical assistance may be paid for a person who
is employed and who:
(1) meets the definition of disabled under the supplemental
security income program;
(2) is at least 16 but less than 65 years of age;
(3) meets the asset limits in paragraph (b); and
(4) effective November 1, 2003, pays a premium, if
required, and other obligations under paragraph (c) (d).
Any spousal income or assets
shall be disregarded for purposes of eligibility and premium determinations.
After the month of enrollment, a person enrolled in medical
assistance under this subdivision who:
(1) is temporarily unable to work and without
receipt of earned income due to a medical condition, as verified by a
physician, may retain eligibility for up to four calendar months; or
(2) effective January 1, 2004, loses employment for reasons
not attributable to the enrollee, may retain eligibility for up to
four consecutive months after the month of job loss. To receive a four-month extension, enrollees must verify
the medical condition or provide notification of job loss. All other eligibility requirements
must be met and the enrollee must pay all calculated premium costs for
continued eligibility.
(b) For purposes of determining eligibility under this
subdivision, a person's assets must not exceed $20,000, excluding:
(1) all assets excluded under section 256B.056;
(2) retirement accounts, including individual accounts, 401(k)
plans, 403(b) plans, Keogh plans, and pension plans; and
(3) medical expense accounts set up through the person's
employer.
(c)(1) Effective January 1, 2004, for purposes of eligibility,
there will be a $65 earned income disregard.
To be eligible, a person applying for medical assistance under
this subdivision must have earned income above the disregard level.
(2) Effective January 1, 2004, to be considered earned income,
Medicare, social security, and applicable state and federal income taxes
must be withheld. To be eligible, a
person must document earned income tax withholding.
(d)(1) A person whose earned and unearned income is
equal to or greater than 100 percent of federal poverty guidelines for the
applicable family size must pay a premium to be eligible for medical assistance
under this subdivision. The premium
shall be based on the person's gross earned and unearned income and the
applicable family size using a sliding fee scale established by the
commissioner, which begins at one percent of income at 100 percent of the
federal poverty guidelines and increases to 7.5 percent of income for those
with incomes at or above 300 percent of the federal poverty guidelines. Annual adjustments in the premium schedule
based upon changes in the federal poverty guidelines shall be effective for
premiums due in July of each year.
(2) Effective January 1, 2004, all enrollees must pay a premium
to be eligible for medical assistance under this subdivision. An enrollee shall pay the greater of a $35
premium or the premium calculated in clause (1).
(3) Effective November 1, 2003, all enrollees who receive
unearned income must pay one-half of one percent of unearned income
in addition to the premium amount.
(4) Effective November 1, 2003, for enrollees whose income
does not exceed 150 percent of the federal poverty guidelines and who
are also enrolled in Medicare, the commissioner must reimburse the enrollee
for Medicare Part B premiums under section 256B.0625, subdivision 15,
paragraph (a).
(d) (e) A person's eligibility and premium shall
be determined by the local county agency.
Premiums must be paid to the commissioner. All premiums are dedicated to the commissioner.
the next available billing
month after the change is reported.
Except for changes occurring from annual cost-of-living increases
or verification of income under section 256B.061, paragraph (b), a
change resulting in an increased premium shall not affect the premium
amount until the next six-month review. (e) (f) Any required premium shall be determined
at application and redetermined annually at recertification at the
enrollee's six-month income review or when a change in income or family
household size occurs is reported. Enrollees must report any change in income or household
size within ten days of when the change occurs. A decreased premium resulting from a reported
change in income or household size shall be effective the first day of
(f) (g) Premium payment is due upon notification
from the commissioner of the premium amount required. Premiums may be paid in installments at the discretion of the
commissioner.
(g) (h) Nonpayment of the premium shall result in
denial or termination of medical assistance unless the person demonstrates good
cause for nonpayment. Good cause exists
if the requirements specified in Minnesota Rules, part 9506.0040, subpart 7,
items B to D, are met. Except when
an installment agreement is accepted by the commissioner, all persons
disenrolled for nonpayment of a premium must pay any past due premiums
as well as current premiums due prior to being reenrolled. Nonpayment shall include payment with a
returned, refused, or dishonored instrument.
The commissioner may require a guaranteed form of payment as the only
means to replace a returned, refused, or dishonored instrument.
[EFFECTIVE DATE.] This
section is effective November 1, 2003, except the amendments to
Minnesota Statutes 2002, section 256B.057, subdivision 9, paragraphs (e)
and (g), are effective July 1, 2003.
Sec. 22. Minnesota
Statutes 2002, section 256B.057, subdivision 10, is amended to read:
Subd. 10. [CERTAIN
PERSONS NEEDING TREATMENT FOR BREAST OR CERVICAL CANCER.] (a) Medical
assistance may be paid for a person who:
(1) has been screened for breast or cervical cancer by the
Minnesota breast and cervical cancer control program, and program funds have
been used to pay for the person's screening;
(2) according to the person's treating health professional,
needs treatment, including diagnostic services necessary to determine the
extent and proper course of treatment, for breast or cervical cancer, including
precancerous conditions and early stage cancer;
(3) meets the income eligibility guidelines for the Minnesota
breast and cervical cancer control program;
(4) is under age 65;
(5) is not otherwise eligible for medical assistance under
United States Code, title 42, section 1396(a)(10)(A)(i); and
(6) is not otherwise covered under creditable coverage, as
defined under United States Code, title 42, section 300gg(c) 1396a(aa).
(b) Medical assistance provided for an eligible person under
this subdivision shall be limited to services provided during the period that
the person receives treatment for breast or cervical cancer.
(c) A person meeting the criteria in paragraph (a) is eligible
for medical assistance without meeting the eligibility criteria relating to
income and assets in section 256B.056, subdivisions 1a to 5b.
Sec. 23. Minnesota
Statutes 2002, section 256B.0595, subdivision 1, is amended to read:
Subdivision 1.
[PROHIBITED TRANSFERS.] (a) For transfers of assets made on or before
August 10, 1993, if a person or the person's spouse has given away, sold, or
disposed of, for less than fair market value, any asset or interest therein,
except assets other than the homestead that are excluded under the supplemental
security program, within 30 months before or any
time after the date of institutionalization if the person has been determined
eligible for medical assistance, or within 30 months before or any time after
the date of the first approved application for medical assistance if the person
has not yet been determined eligible for medical assistance, the person is
ineligible for long-term care services for the period of time determined under
subdivision 2.
(b) Effective for transfers made after August 10, 1993, a
person, a person's spouse, or any person, court, or administrative body with
legal authority to act in place of, on behalf of, at the direction of, or upon
the request of the person or person's spouse, may not give away, sell, or
dispose of, for less than fair market value, any asset or interest therein,
except assets other than the homestead that are excluded under the supplemental
security income program, for the purpose of establishing or maintaining medical
assistance eligibility. This applies
to all transfers, including those made by a community spouse after the
month in which the institutionalized spouse is determined eligible for
medical assistance. For
purposes of determining eligibility for long-term care services, any transfer
of such assets within 36 months before or any time after an institutionalized
person applies for medical assistance, or 36 months before or any time after a
medical assistance recipient becomes institutionalized, for less than fair
market value may be considered. Any
such transfer is presumed to have been made for the purpose of establishing or
maintaining medical assistance eligibility and the person is ineligible for
long-term care services for the period of time determined under subdivision 2,
unless the person furnishes convincing evidence to establish that the
transaction was exclusively for another purpose, or unless the transfer is
permitted under subdivision 3 or 4.
Notwithstanding the provisions of this paragraph, in the case of
payments from a trust or portions of a trust that are considered transfers of assets
under federal law, any transfers made within 60 months before or any time after
an institutionalized person applies for medical assistance and within 60 months
before or any time after a medical assistance recipient becomes
institutionalized, may be considered.
(c) This section applies to transfers, for less than fair
market value, of income or assets, including assets that are considered income
in the month received, such as inheritances, court settlements, and retroactive
benefit payments or income to which the person or the person's spouse is
entitled but does not receive due to action by the person, the person's spouse,
or any person, court, or administrative body with legal authority to act in
place of, on behalf of, at the direction of, or upon the request of the person
or the person's spouse.
(d) This section applies to payments for care or personal
services provided by a relative, unless the compensation was stipulated in a
notarized, written agreement which was in existence when the service was
performed, the care or services directly benefited the person, and the payments
made represented reasonable compensation for the care or services
provided. A notarized written agreement
is not required if payment for the services was made within 60 days after the
service was provided.
(e) This section applies to the portion of any asset or
interest that a person, a person's spouse, or any person, court, or
administrative body with legal authority to act in place of, on behalf of, at
the direction of, or upon the request of the person or the person's spouse,
transfers to any annuity that exceeds the value of the benefit likely to be
returned to the person or spouse while alive, based on estimated life
expectancy using the life expectancy tables employed by the supplemental
security income program to determine the value of an agreement for services for
life. The commissioner may adopt rules
reducing life expectancies based on the need for long-term care. This section applies to an annuity described
in this paragraph purchased on or after March 1, 2002, that:
(1) is not purchased from an insurance company or financial
institution that is subject to licensing or regulation by the Minnesota
department of commerce or a similar regulatory agency of another state;
(2) does not pay out principal and interest in equal monthly
installments; or
(3) does not begin payment at the earliest possible date after
annuitization.
(f) For purposes of this section,
long-term care services include services in a nursing facility, services that
are eligible for payment according to section 256B.0625, subdivision 2, because
they are provided in a swing bed, intermediate care facility for persons with
mental retardation, and home and community-based services provided pursuant to
sections 256B.0915, 256B.092, and 256B.49.
For purposes of this subdivision and subdivisions 2, 3, and 4,
"institutionalized person" includes a person who is an inpatient in a
nursing facility or in a swing bed, or intermediate care facility for persons
with mental retardation or who is receiving home and community-based services
under sections 256B.0915, 256B.092, and 256B.49.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 24. Minnesota
Statutes 2002, section 256B.0595, is amended by adding a subdivision to read:
Subd. 1b.
[PROHIBITED TRANSFERS.] (a) Notwithstanding any contrary
provisions of this section, this subdivision applies to transfers
involving recipients of medical assistance that are made on or after its
effective date and to all transfers involving persons who apply for
medical assistance on or after its effective date if the transfer
occurred within 72 months before the person applies for medical
assistance, except that this subdivision does not apply to transfers
made prior to July 1, 2003. A
person, a person's spouse, or any person, court, or administrative body
with legal authority to act in place of, on behalf of, at the direction
of, or upon the request of the person or the person's spouse, may not
give away, sell, dispose of, or reduce ownership or control of any
income, asset, or interest therein for less than fair market value for
the purpose of establishing or maintaining medical assistance
eligibility. This applies to all transfers, including those made by a
community spouse after the month in which the institutionalized spouse
is determined eligible for medical assistance.
For purposes of determining eligibility for medical assistance
services, any transfer of such income or assets for less than fair
market value within 72 months before or any time after a person applies
for medical assistance may be considered.
Any such transfer is presumed to have been made for the purpose
of establishing or maintaining medical assistance eligibility, and the
person is ineligible for medical assistance services for the period of
time determined under subdivision 2b, unless the person furnishes
convincing evidence to establish that the transaction was exclusively
for another purpose or unless the transfer is permitted under
subdivision 3b or 4b.
(b) This section applies to transfers to trusts. The commissioner shall determine
valid trust purposes under this section. Assets placed into a trust that is not for a valid purpose
shall always be considered available for the purposes of medical
assistance eligibility, regardless of when the trust is established.
(c) This section applies to transfers of income or assets
for less than fair market value, including assets that are considered
income in the month received, such as inheritances, court settlements,
and retroactive benefit payments or income to which the person or the
person's spouse is entitled but does not receive due to action by the
person, the person's spouse, or any person, court, or administrative
body with legal authority to act in place of, on behalf of, at the
direction of, or upon the request of the person or the person's spouse.
(d) This section applies to payments for care or personal
services provided by a relative, unless the compensation was stipulated
in a notarized written agreement that was in existence when the service
was performed, the care or services directly benefited the person, and
the payments made represented reasonable compensation for the care or
services provided. A notarized
written agreement is not required if payment for the services was made
within 60 days after the service was provided.
(e) This section applies to the portion of any income, asset,
or interest therein that a person, a person's spouse, or any person,
court, or administrative body with legal authority to act in place of,
on behalf of, at the direction of, or upon the request of the person or
the person's spouse, transfers to any annuity that exceeds the value of
the benefit likely to be returned to the person or the person's spouse
while alive, based on estimated life expectancy, using the life
expectancy tables employed by the supplemental security income program,
or based on a shorter life expectancy if the annuitant had a medical
condition that would shorten the annuitant's life expectancy and that
was diagnosed before
funds were placed into the annuity. The agency may request and receive a
physician's statement to determine if the annuitant had a diagnosed
medical condition that would shorten the annuitant's life
expectancy. If so, the agency
shall determine the expected value of the benefits based upon the
physician's statement instead of using a life expectancy table. This section applies to an annuity described
in this paragraph purchased on or after March 1, 2002, that:
(1) is not purchased from an insurance company or financial
institution that is subject to licensing or regulation by the Minnesota
department of commerce or a similar regulatory agency of another state;
(2) does not pay out principal and interest in equal monthly
installments; or
(3) does not begin payment at the earliest possible date
after annuitization.
(f) Transfers under this section shall affect determinations
of eligibility for all medical assistance services or long-term care
services, whichever receives federal approval.
[EFFECTIVE DATE.] (a)
This section is effective July 1, 2003, to the extent permitted by
federal law. If any provision of
this section is prohibited by federal law, the provision shall become
effective when federal law is changed to permit its application or a
waiver is received. The commissioner of
human services shall notify the revisor of statutes when federal law
is enacted or a waiver or other federal approval is received and publish
a notice in the State Register. The
commissioner must include the notice in the first State Register
published after the effective date of the federal changes.
(b) If, by July 1, 2003, any provision of this section is
not effective because of prohibitions in federal law, the commissioner
of human services shall apply to the federal government by August 1,
2003, for a waiver of those prohibitions or other federal authority, and
that provision shall become effective upon receipt of a federal waiver
or other federal approval, notification to the revisor of statutes, and
publication of a notice in the State Register to that effect. In
applying for federal approval to extend the lookback period, the
commissioner shall seek the longest lookback period the federal
government will approve, not to exceed 72 months.
Sec. 25. Minnesota
Statutes 2002, section 256B.0595, subdivision 2, is amended to read:
Subd. 2. [PERIOD OF
INELIGIBILITY.] (a) For any uncompensated transfer occurring on or before
August 10, 1993, the number of months of ineligibility for long-term care
services shall be the lesser of 30 months, or the uncompensated transfer amount
divided by the average medical assistance rate for nursing facility services in
the state in effect on the date of application. The amount used to calculate the average medical assistance
payment rate shall be adjusted each July 1 to reflect payment rates for the
previous calendar year. The period of
ineligibility begins with the month in which the assets were transferred. If the transfer was not reported to the
local agency at the time of application, and the applicant received long-term
care services during what would have been the period of ineligibility if the
transfer had been reported, a cause of action exists against the transferee for
the cost of long-term care services provided during the period of
ineligibility, or for the uncompensated amount of the transfer, whichever is
less. The action may be brought by the
state or the local agency responsible for providing medical assistance under
chapter 256G. The uncompensated
transfer amount is the fair market value of the asset at the time it was given
away, sold, or disposed of, less the amount of compensation received.
(b) For uncompensated transfers made after August 10, 1993, the
number of months of ineligibility for long-term care services shall be the
total uncompensated value of the resources transferred divided by the average
medical assistance rate for nursing facility services in the state in effect on
the date of application. The amount used
to calculate the average medical assistance payment rate shall be adjusted each
July 1 to reflect payment rates for the previous calendar year. The period of ineligibility begins with the
first day of the month after the month in which the assets
were transferred except that if one or more uncompensated transfers are made
during a period of ineligibility,
the total assets transferred during the ineligibility period shall be combined
and a penalty period calculated to begin in on the first day of
the month after the month in which the first uncompensated
transfer was made. If the transfer was
not reported to the local agency at the time of application, and the
applicant received medical assistance services during what would have been the
period of ineligibility if the transfer had been reported, a cause of action
exists against the transferee for the cost of medical assistance services
provided during the period of ineligibility, or for the uncompensated amount of
the transfer, whichever is less. The
action may be brought by the state or the local agency responsible for
providing medical assistance under chapter 256G. The uncompensated transfer amount is the fair market value of the
asset at the time it was given away, sold, or disposed of, less the amount of
compensation received. Effective for transfers made on or after March 1, 1996,
involving persons who apply for medical assistance on or after April 13, 1996,
no cause of action exists for a transfer unless:
(1) the transferee knew or should have known that the transfer
was being made by a person who was a resident of a long-term care facility or
was receiving that level of care in the community at the time of the transfer;
(2) the transferee knew or should have known that the transfer
was being made to assist the person to qualify for or retain medical assistance
eligibility; or
(3) the transferee actively solicited the transfer with intent
to assist the person to qualify for or retain eligibility for medical
assistance.
(c) If a calculation of a penalty period results in a partial
month, payments for long-term care services shall be reduced in an amount equal
to the fraction, except that in calculating the value of uncompensated
transfers, if the total value of all uncompensated transfers made in a month
not included in an existing penalty period does not exceed $200, then such
transfers shall be disregarded for each month prior to the month of application
for or during receipt of medical assistance.
[EFFECTIVE DATE.] Paragraph
(b) of this section is effective July 1, 2003.
Sec. 26. Minnesota
Statutes 2002, section 256B.0595, is amended by adding a subdivision to read:
Subd. 2b.
[PERIOD OF INELIGIBILITY.] (a) Notwithstanding any contrary
provisions of this section, this subdivision applies to transfers,
including transfers to trusts, involving recipients of medical
assistance that are made on or after its effective date and to all
transfers involving persons who apply for medical assistance on or after
its effective date, regardless of when the transfer occurred, except
that this subdivision does not apply to transfers made prior to July 1,
2003. For any uncompensated transfer
occurring within 72 months prior to the date of application, at any time
after application, or while eligible, the number of months of cumulative
ineligibility for medical assistance services shall be the total uncompensated
value of the assets and income transferred divided by the statewide
average per-person nursing facility payment made by the state in effect
at the time a penalty for a transfer is determined. The amount used to calculate the average
per-person nursing facility payment shall be adjusted each July 1 to
reflect average payments for the previous calendar year. For applicants,
the period of ineligibility begins with the month in which the person
applied for medical assistance and satisfied all other requirements for
eligibility, or the first month the local agency becomes aware of the
transfer and can give proper notice, if later. For recipients, the period of ineligibility begins in the
first month after the month the agency becomes aware of the transfer and
can give proper notice, except that penalty periods for transfers made
during a period of ineligibility as determined under this section shall
begin in the month following the existing period of ineligibility. If the transfer was not reported to
the local agency, and the applicant received medical assistance services
during what would have been the period of ineligibility if the transfer
had been reported, a cause of action exists against the transferee for
the cost of medical assistance services provided during the period of
ineligibility or for the uncompensated amount of the transfer that was
not recovered from the transferor through the implementation of a
penalty period under this subdivision, whichever is less. Recovery shall include the costs incurred
due to the action. The action may be
brought by the state
or the local agency responsible for providing medical assistance under
chapter 256B. The uncompensated
transfer amount is the fair market value of the asset at the time it was
given away, sold, or disposed of, less the amount of compensation
received. No cause of action exists for a transfer unless:
(1) the transferee knew or should have known that the transfer
was being made by a person who was a resident of a long-term care
facility or was receiving that level of care in the community at the
time of the transfer;
(2) the transferee knew or should have known that the transfer
was being made to assist the person to qualify for or retain medical
assistance eligibility; or
(3) the transferee actively solicited the transfer with intent
to assist the person to qualify for or retain eligibility for medical
assistance.
(b) If a calculation of a penalty period results in a partial
month, payments for medical assistance services shall be reduced in an
amount equal to the fraction, except that in calculating the value of
uncompensated transfers, if the total value of all uncompensated
transfers made in a month not included in an existing penalty period
does not exceed $200, then such transfers shall be disregarded for each
month prior to the month of application for or during receipt of medical
assistance.
(c) Ineligibility under this section shall apply to medical
assistance services or long-term care services, whichever receives
federal approval.
[EFFECTIVE DATE.] (a)
This section is effective July 1, 2003, to the extent permitted by
federal law. If any provision of
this section is prohibited by federal law, the provision shall become
effective when federal law is changed to permit its application or a
waiver is received. The commissioner of
human services shall notify the revisor of statutes when federal law
is enacted or a waiver or other federal approval is received and publish
a notice in the State Register. The
commissioner must include the notice in the first State Register
published after the effective date of the federal changes.
(b) If, by July 1, 2003, any provision of this section is
not effective because of prohibitions in federal law, the commissioner
of human services shall apply to the federal government by August 1,
2003, for a waiver of those prohibitions or other federal authority, and
that provision shall become effective upon receipt of a federal waiver
or other federal approval, notification to the revisor of statutes, and
publication of a notice in the State Register to that effect. In
applying for federal approval to extend the lookback period, the commissioner
shall seek the longest lookback period the federal government will
approve, not to exceed 72 months.
Sec. 27. Minnesota
Statutes 2002, section 256B.0595, is amended by adding a subdivision to read:
Subd. 3b.
[HOMESTEAD EXCEPTION TO TRANSFER PROHIBITION.] (a) This subdivision
applies to transfers involving recipients of medical assistance that are
made on or after its effective date and to all transfers involving
persons who apply for medical assistance on or after its effective date,
regardless of when the transfer occurred, except that this subdivision
does not apply to transfers made prior to July 1, 2003. A person is not ineligible for medical
assistance services due to a transfer of assets for less than fair
market value as described in subdivision 1b, if the asset transferred
was a homestead, and:
(1) a satisfactory showing is made that the individual intended
to dispose of the homestead at fair market value or for other valuable
consideration; or
(2) the local agency grants a waiver of a penalty resulting
from a transfer for less than fair market value because denial of
eligibility would cause undue hardship for the individual and there
exists an imminent threat to the individual's health and well-being. Whenever an applicant or recipient is denied
eligibility because of a transfer for less than fair market value,
the local agency shall notify the applicant or recipient that the
applicant or recipient may request
a waiver of the penalty if the denial of eligibility will cause undue
hardship. In evaluating a waiver, the local agency shall take into
account whether the individual was the victim of financial exploitation,
whether the individual has made reasonable efforts to recover the
transferred property or resource, and other factors relevant to a
determination of hardship. If the local
agency does not approve a hardship waiver, the local agency shall issue
a written notice to the individual stating the reasons for the denial
and the process for appealing the local agency's decision.
(b) When a waiver is granted under paragraph (a), clause
(2), a cause of action exists against the person to whom the homestead
was transferred for that portion of medical assistance services granted
within 72 months of the date the transferor applied for medical
assistance and satisfied all other requirements for eligibility or the
amount of the uncompensated transfer, whichever is less, together with
the costs incurred due to the action.
The action shall be brought by the state unless the state delegates
this responsibility to the local agency responsible for providing
medical assistance under chapter 256B.
[EFFECTIVE DATE.] (a)
This section is effective July 1, 2003, to the extent permitted by
federal law. If any provision of
this section is prohibited by federal law, the provision shall become
effective when federal law is changed to permit its application or a
waiver is received. The commissioner of
human services shall notify the revisor of statutes when federal law
is enacted or a waiver or other federal approval is received and publish
a notice in the State Register. The
commissioner must include the notice in the first State Register
published after the effective date of the federal changes.
(b) If, by July 1, 2003, any provision of this section is
not effective because of prohibitions in federal law, the commissioner
of human services shall apply to the federal government by August 1,
2003, for a waiver of those prohibitions or other federal authority, and
that provision shall become effective upon receipt of a federal waiver
or other federal approval, notification to the revisor of statutes, and
publication of a notice in the State Register to that effect. In
applying for federal approval to extend the lookback period, the
commissioner shall seek the longest lookback period the federal
government will approve, not to exceed 72 months.
Sec. 28. Minnesota
Statutes 2002, section 256B.0595, is amended by adding a subdivision to read:
Subd. 4b. [OTHER
EXCEPTIONS TO TRANSFER PROHIBITION.] (a) This subdivision applies to
transfers involving recipients of medical assistance that are made on or
after its effective date and to all transfers involving persons who
apply for medical assistance on or after its effective date regardless
of when the transfer occurred, except that this subdivision does not
apply to transfers made prior to July 1, 2003. A person or a person's spouse who made a transfer
prohibited by subdivision 1b is not ineligible for medical assistance
services if one of the following conditions applies:
(1) the assets or income were transferred to the individual's
spouse or to another for the sole benefit of the spouse, except that
after eligibility is established and the assets have been divided
between the spouses as part of the asset allowance under section
256B.059, no further transfers between spouses may be made;
(2) the institutionalized spouse, prior to being institutionalized,
transferred assets or income to a spouse, provided that the spouse to
whom the assets or income were transferred does not then transfer those
assets or income to another person for less than fair market value. At the time when one spouse is
institutionalized, assets must be allocated between the spouses as
provided under section 256B.059;
(3) the assets or income were transferred to a trust for
the sole benefit of the individual's child who is blind or permanently
and totally disabled as determined in the supplemental security income
program and the trust reverts to the state upon the disabled child's
death to the extent the medical assistance has paid for services for the
grantor or beneficiary of the trust.
This clause applies to a trust established after the commissioner
publishes a notice in the State Register that the commissioner has been
authorized to implement this clause due to a change in federal law or
the approval of a federal waiver;
(4) a satisfactory showing is made that the individual
intended to dispose of the assets or income either at fair market
value or for other valuable consideration; or
(5) the local agency determines that denial of eligibility
for medical assistance services would cause undue hardship and grants
a waiver of a penalty resulting from a transfer for less than fair
market value because there exists an imminent threat to the individual's
health and well-being. Whenever an applicant
or recipient is denied eligibility because of a transfer for less than
fair market value, the local agency shall notify the applicant or
recipient that the applicant or recipient may request a waiver of the
penalty if the denial of eligibility will cause undue hardship. In evaluating a waiver, the local
agency shall take into account whether the individual was the victim of
financial exploitation, whether the individual has made reasonable
efforts to recover the transferred property or resource, and other
factors relevant to a determination of hardship. If the local agency does not approve a
hardship waiver, the local agency shall issue a written notice to the
individual stating the reasons for the denial and the process for
appealing the local agency's decision.
When a waiver is granted, a cause of action exists against the
person to whom the assets were transferred for that portion of medical
assistance services granted within 72 months of the date the transferor
applied for medical assistance and satisfied all other requirements
for eligibility, or the amount of the uncompensated transfer, whichever
is less, together with the costs incurred due to the action. The action shall be brought by the state
unless the state delegates this responsibility to the local agency
responsible for providing medical assistance under this chapter.
[EFFECTIVE DATE.] (a)
This section is effective July 1, 2003, to the extent permitted by
federal law. If any provision of
this section is prohibited by federal law, the provision shall become
effective when federal law is changed to permit its application or a
waiver is received. The commissioner of
human services shall notify the revisor of statutes when federal law
is enacted or a waiver or other federal approval is received and publish
a notice in the State Register. The
commissioner must include the notice in the first State Register
published after the effective date of the federal changes.
(b) If, by July 1, 2003, any provision of this section is
not effective because of prohibitions in federal law, the commissioner
of human services shall apply to the federal government by August 1,
2003, for a waiver of those prohibitions or other federal authority, and
that provision shall become effective upon receipt of a federal waiver
or other federal approval, notification to the revisor of statutes, and
publication of a notice in the State Register to that effect. In
applying for federal approval to extend the lookback period, the
commissioner shall seek the longest lookback period the federal
government will approve, not to exceed 72 months.
Sec. 29. Minnesota
Statutes 2002, section 256B.06, subdivision 4, is amended to read:
Subd. 4. [CITIZENSHIP
REQUIREMENTS.] (a) Eligibility for medical assistance is limited to citizens of
the United States, qualified noncitizens as defined in this subdivision, and
other persons residing lawfully in the United States.
(b) "Qualified noncitizen" means a person who meets
one of the following immigration criteria:
(1) admitted for lawful permanent residence according to United
States Code, title 8;
(2) admitted to the United States as a refugee according to
United States Code, title 8, section 1157;
(3) granted asylum according to United States Code, title 8,
section 1158;
(4) granted withholding of deportation according to United
States Code, title 8, section 1253(h);
(5) paroled for a period of at least one year according to
United States Code, title 8, section 1182(d)(5);
(6) granted conditional entrant status according to United
States Code, title 8, section 1153(a)(7);
(7) determined to be a battered noncitizen by the United States
Attorney General according to the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, title V of the Omnibus Consolidated Appropriations
Bill, Public Law Number 104-200;
(8) is a child of a noncitizen determined to be a battered
noncitizen by the United States Attorney General according to the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, title V, of the
Omnibus Consolidated Appropriations Bill, Public Law Number 104-200; or
(9) determined to be a Cuban or Haitian entrant as defined in
section 501(e) of Public Law Number 96-422, the Refugee Education Assistance
Act of 1980.
(c) All qualified noncitizens who were residing in the United
States before August 22, 1996, who otherwise meet the eligibility requirements
of chapter 256B, are eligible for medical assistance with federal financial
participation.
(d) All qualified noncitizens who entered the United States on
or after August 22, 1996, and who otherwise meet the eligibility requirements
of chapter 256B, are eligible for medical assistance with federal financial
participation through November 30, 1996.
Beginning December 1, 1996, qualified noncitizens who entered
the United States on or after August 22, 1996, and who otherwise meet the
eligibility requirements of chapter 256B are eligible for medical assistance
with federal participation for five years if they meet one of the following
criteria:
(i) refugees admitted to the United States according to United
States Code, title 8, section 1157;
(ii) persons granted asylum according to United States Code,
title 8, section 1158;
(iii) persons granted withholding of deportation according to
United States Code, title 8, section 1253(h);
(iv) veterans of the United States Armed Forces with an
honorable discharge for a reason other than noncitizen status, their spouses
and unmarried minor dependent children; or
(v) persons on active duty in the United States Armed Forces,
other than for training, their spouses and unmarried minor dependent children.
Beginning December 1, 1996, qualified noncitizens who do not
meet one of the criteria in items (i) to (v) are eligible for medical
assistance without federal financial participation as described in paragraph (j)
(i).
(e) Noncitizens who are not qualified noncitizens as defined in
paragraph (b), who are lawfully residing in the United States and who otherwise
meet the eligibility requirements of chapter 256B, are eligible for medical
assistance under clauses (1) to (3).
These individuals must cooperate with the Immigration and Naturalization
Service to pursue any applicable immigration status, including citizenship,
that would qualify them for medical assistance with federal financial
participation.
(1) Persons who were medical assistance recipients on August
22, 1996, are eligible for medical assistance with federal financial
participation through December 31, 1996.
(2) Beginning January 1, 1997, persons described in clause (1)
are eligible for medical assistance without federal financial participation as
described in paragraph (j) (i).
(3) Beginning December 1, 1996, persons residing in the
United States prior to August 22, 1996, who were not receiving medical
assistance and persons who arrived on or after August 22, 1996, are eligible
for medical assistance without federal financial participation as described in
paragraph (j) (i).
(f) Nonimmigrants who otherwise meet the eligibility
requirements of chapter 256B are eligible for the benefits as provided in
paragraphs (g) to (i) and (h).
For purposes of this subdivision, a "nonimmigrant" is a person
in one of the classes listed in United States Code, title 8, section
1101(a)(15).
(g) Payment shall also be made for care and services that are
furnished to noncitizens, regardless of immigration status, who otherwise meet
the eligibility requirements of chapter 256B, if such care and services are
necessary for the treatment of an emergency medical condition, except for organ
transplants and related care and services and routine prenatal care.
(h) For purposes of this subdivision, the term "emergency
medical condition" means a medical condition that meets the requirements
of United States Code, title 42, section 1396b(v).
(i) Pregnant noncitizens who are undocumented or
nonimmigrants, who otherwise meet the eligibility requirements of chapter 256B,
are eligible for medical assistance payment without federal financial
participation for care and services through the period of pregnancy, and 60
days postpartum, except for labor and delivery.
(j) Qualified noncitizens as described in paragraph (d),
and all other noncitizens lawfully residing in the United States as described
in paragraph (e), who are ineligible for medical assistance with federal
financial participation and who otherwise meet the eligibility requirements of
chapter 256B and of this paragraph, are eligible for medical assistance without
federal financial participation.
Qualified noncitizens as described in paragraph (d) are only eligible
for medical assistance without federal financial participation for five years
from their date of entry into the United States.
(k) The commissioner shall submit to the legislature by
December 31, 1998, a report on the number of recipients and cost of coverage of
care and services made according to paragraphs (i) and (j).
(j) Beginning October 1, 2003, persons who are receiving
care and rehabilitation services from a nonprofit center established
to serve victims of torture and are otherwise ineligible for medical
assistance under chapter 256B or general assistance medical care under
section 256D.03 are eligible for medical assistance without federal
financial participation. These individuals are eligible only for the
period during which they are receiving services from the center. Individuals eligible under this
clause shall not be required to participate in prepaid medical
assistance.
[EFFECTIVE DATE.] This
section is effective July 1, 2003, except where a different date is
specified in the text.
Sec. 30. Minnesota
Statutes 2002, section 256B.061, is amended to read:
256B.061 [ELIGIBILITY; RETROACTIVE EFFECT; RESTRICTIONS.]
(a) If any individual has been determined to be eligible
for medical assistance, it will be made available for care and services
included under the plan and furnished in or after the third month before the
month in which the individual made application for such assistance, if such
individual was, or upon application would have been, eligible for medical
assistance at the time the care and services were furnished. The commissioner may limit, restrict, or suspend
the eligibility of an individual for up to one year upon that individual's
conviction of a criminal offense related to application for or receipt of
medical assistance benefits.
(b) On the basis of information provided on the
completed application, an applicant who meets the following criteria shall be
determined eligible beginning in the month of application:
(1) whose gross income is less than 90 percent of the
applicable income standard;
(2) whose total liquid assets are less than 90 percent of
the asset limit;
(3) does not reside in a long-term care facility; and
(4) meets all other eligibility requirements.
The applicant must provide
all required verifications within 30 days' notice of the eligibility
determination or eligibility shall be terminated.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 31. Minnesota
Statutes 2002, section 256B.0625, subdivision 5a, is amended to read:
Subd. 5a. [INTENSIVE
EARLY INTERVENTION BEHAVIOR THERAPY SERVICES FOR CHILDREN WITH AUTISM SPECTRUM
DISORDERS.] (a) [COVERAGE.] Medical assistance covers home-based
intensive early intervention behavior therapy for children with autism spectrum
disorders, effective July 1, 2007.
Children with autism spectrum disorder, and their custodial parents or
foster parents, may access other covered services to treat autism spectrum
disorder, and are not required to receive intensive early intervention behavior
therapy services under this subdivision.
Intensive early intervention behavior therapy does not include coverage
for services to treat developmental disorders of language, early onset
psychosis, Rett's disorder, selective mutism, social anxiety disorder,
stereotypic movement disorder, dementia, obsessive compulsive disorder,
schizoid personality disorder, avoidant personality disorder, or reactive
attachment disorder. If a child with
autism spectrum disorder is diagnosed to have one or more of these conditions,
intensive early intervention behavior therapy includes coverage only for services
necessary to treat the autism spectrum disorder.
(b) Subd. 5b.
[PURPOSE OF INTENSIVE EARLY INTERVENTION BEHAVIOR THERAPY SERVICES
(IEIBTS).] The purpose of IEIBTS is to improve the child's behavioral
functioning, to prevent development of challenging behaviors, to eliminate
autistic behaviors, to reduce the risk of out-of-home placement, and to
establish independent typical functioning in language and social behavior. The procedures used to accomplish these
goals are based upon research in applied behavior analysis.
(c) Subd. 5c.
[ELIGIBLE CHILDREN.] A child is eligible to initiate IEIBTS if, the
child meets the additional eligibility criteria in paragraph (d) and in a
diagnostic assessment by a mental health professional who is not under the
employ of the service provider, the child:
(1) is found to have an autism spectrum disorder;
(2) has a current IQ of either untestable, or at least 30;
(3) if nonverbal, initiated behavior therapy by 42 months of
age;
(4) if verbal, initiated behavior therapy by 48 months of age;
or
(5) if having an IQ of at least 50, initiated behavior therapy
by 84 months of age.
To continue after six-month
individualized treatment plan (ITP) reviews, at least one of the child's
custodial parents or foster parents must participate in an average of at
least five hours of documented behavior therapy per week for six months, and
consistently implement behavior therapy recommendations 24 hours a day. To continue after six-month individualized
treatment plan (ITP) reviews, the child must show documented progress toward
mastery of six-month benchmark behavior objectives. The maximum number of months during which services may be billed
is 54, or up to the month of August in the first year in which the child completes
first grade, whichever comes last. If
significant progress towards treatment goals has not been achieved after 24
months of treatment, treatment must be discontinued.
(d) Subd. 5d.
[ADDITIONAL ELIGIBILITY CRITERIA.] A child is eligible to initiate
IEIBTS if:
(1) in medical and diagnostic assessments by medical and mental
health professionals, it is determined that the child does not have severe or
profound mental retardation;
(2) an accurate assessment of the child's hearing has been
performed, including audiometry if the brain stem auditory evokes response;
(3) a blood lead test has been performed prior to initiation of
treatment; and
(4) an EEG or neurologic evaluation is done, prior to
initiation of treatment, if the child has a history of staring spells or
developmental regression.
(e) Subd. 5e.
[COVERED SERVICES.] The focus of IEIBTS must be to treat the principal
diagnostic features of the autism spectrum disorder. All IEIBTS must be delivered by a team of practitioners under the
consistent supervision of a single clinical supervisor. A mental health professional must develop
the ITP for IEIBTS. The ITP must
include six-month benchmark behavior objectives. All behavior therapy must be based upon research in applied
behavior analysis, with an emphasis upon positive reinforcement of carefully
task-analyzed skills for optimum rates of progress. All behavior therapy must be consistently applied and generalized
throughout the 24-hour day and seven-day week by all of the child's regular
care providers. When placing the child
in school activities, a majority of the peers must have no mental health
diagnosis, and the child must have sufficient social skills to succeed with 80
percent of the school activities.
Reactive consequences, such as redirection, correction, positive
practice, or time-out, must be used only when necessary to improve the child's
success when proactive procedures alone have not been effective. IEIBTS must be delivered by a team of
behavior therapy practitioners who are employed under the direction of the same
agency. The team may deliver up to 200
billable hours per year of direct clinical supervisor services, up to 700
billable hours per year of senior behavior therapist services, and up to 1,800
billable hours per year of direct behavior therapist services. A one-hour clinical review meeting for the
child, parents, and staff must be scheduled 50 weeks a year, at which behavior
therapy is reviewed and planned. At
least one-quarter of the annual clinical supervisor billable hours shall
consist of on-site clinical meeting time.
At least one-half of the annual senior behavior therapist billable hours
shall consist of direct services to the child or parents. All of the behavioral therapist billable
hours shall consist of direct on-site services to the child or parents. None of the senior behavior therapist
billable hours or behavior therapist billable hours shall consist of clinical
meeting time. If there is any
regression of the autistic spectrum disorder after 12 months of therapy, a
neurologic consultation must be performed.
(f) Subd. 5f.
[PROVIDER QUALIFICATIONS.] The provider agency must be capable of
delivering consistent applied behavior analysis (ABA) based behavior therapy in
the home. The site director of the
agency must be a mental health professional and a board certified behavior
analyst certified by the behavior analyst certification board. Each clinical supervisor must be a certified
associate behavior analyst certified by the behavior analyst certification
board or have equivalent experience in applied behavior analysis.
(g) Subd. 5g. [SUPERVISION REQUIREMENTS.] (1) Each
behavior therapist practitioner must be continuously supervised while in the
home until the practitioner has mastered competencies for independent
practice. Each behavior therapist must
have mastered three credits of academic content and practice in an applied
behavior analysis sequence at an accredited university before providing more
than 12 months of therapy. A college
degree or minimum hours of experience are not required. Each behavior therapist must continue
training through weekly direct observation by the senior behavior therapist,
through demonstrated performance in clinical meetings with the clinical
supervisor, and annual training in applied behavior analysis.
(2) Each senior behavior therapist practitioner must have
mastered the senior behavior therapy competencies, completed one year of
practice as a behavior therapist, and six months of co-therapy training with
another senior behavior therapist or have an equivalent amount of experience in
applied behavior analysis. Each senior
behavior therapist must have mastered 12 credits of academic content and
practice in an applied behavior analysis sequence at an accredited university
before providing more than 12 months of senior behavior therapy. Each senior behavior therapist must continue
training through demonstrated performance in clinical meetings with the
clinical supervisor, and annual training in applied behavior analysis.
(3) Each clinical supervisor practitioner must have mastered
the clinical supervisor and family consultation competencies, completed two
years of practice as a senior behavior therapist and one year of co-therapy
training with another clinical supervisor, or equivalent experience in applied
behavior analysis. Each clinical
supervisor must continue training through annual training in applied behavior
analysis.
(h) Subd. 5h.
[PLACE OF SERVICE.] IEIBTS are provided primarily in the child's home
and community. Services may be provided
in the child's natural school or preschool classroom, home of a relative,
natural recreational setting, or day care.
(i) Subd. 5i.
[PRIOR AUTHORIZATION REQUIREMENTS.] Prior authorization shall be required
for services provided after 200 hours of clinical supervisor, 700 hours of
senior behavior therapist, or 1,800 hours of behavior therapist services per
year.
(j) Subd. 5j.
[PAYMENT RATES.] The following payment rates apply:
(1) for an IEIBTS clinical supervisor practitioner under
supervision of a mental health professional, the lower of the submitted charge
or $67 per hour unit;
(2) for an IEIBTS senior behavior therapist practitioner under
supervision of a mental health professional, the lower of the submitted charge
or $37 per hour unit; or
(3) for an IEIBTS behavior therapist practitioner under
supervision of a mental health professional, the lower of the submitted charge
or $27 per hour unit.
An IEIBTS practitioner may
receive payment for travel time which exceeds 50 minutes one-way. The maximum payment allowed will be $0.51
per minute for up to a maximum of 300 hours per year.
For any week during which the above charges are made to medical
assistance, payments for the following services are excluded: supervising mental health professional hours
and personal care attendant, home-based mental health, family-community
support, or mental health behavioral aide hours.
(k) Subd. 5k.
[REPORT.] The commissioner shall collect evidence of the effectiveness
of intensive early intervention behavior therapy services and present a report
to the legislature by July 1, 2006 2010.
Sec. 32. Minnesota Statutes 2002, section 256B.0625, subdivision 9, is
amended to read:
Subd. 9. [DENTAL SERVICES.]
(a) Medical assistance covers dental services. Dental services include, with prior authorization, fixed bridges
that are cost-effective for persons who cannot use removable dentures because
of their medical condition.
(b) Coverage of dental services for adults age 21 and over
who are not pregnant is subject to a $500 annual benefit limit and
covered services are limited to:
(1) diagnostic and preventative services;
(2) basic restorative services; and
(3) emergency services.
Sec. 33. Minnesota
Statutes 2002, section 256B.0625, subdivision 13, is amended to read:
Subd. 13. [DRUGS.] (a)
Medical assistance covers drugs, except for fertility drugs when specifically
used to enhance fertility, if prescribed by a licensed practitioner and
dispensed by a licensed pharmacist, by a physician enrolled in the medical
assistance program as a dispensing physician, or by a physician or a nurse
practitioner employed by or under contract with a community health board as
defined in section 145A.02, subdivision 5, for the purposes of communicable
disease control.
(b) The dispensed quantity of a prescription drug must not
exceed a 34-day supply, unless prior authorization is obtained.
(c) Medical assistance covers the following over-the-counter
drugs when prescribed by a licensed practitioner or by a licensed
pharmacist who meets standards established by the commissioner, in
consultation with the board of pharmacy: antacids, acetaminophen, family planning products, aspirin,
insulin, products for the treatment of lice, vitamins for adults with
documented vitamin deficiencies, vitamins for children under the age of
seven and pregnant or nursing women, and any other over-the-counter drug
identified by the commissioner, in consultation with the pharmaceutical
and therapeutics committee, as necessary, appropriate, and cost-effective
for the treatment of certain specified chronic diseases, conditions, or
disorders, and this determination shall not be subject to the
requirements of chapter 14. A pharmacist
may prescribe over-the-counter medications as provided under this
paragraph for purposes of receiving reimbursement under Medicaid. When prescribing over-the-counter drugs
under this paragraph, licensed pharmacists must consult with the
recipient to determine necessity, provide drug counseling, review drug
therapy for potential adverse interactions, and make referrals as
needed to other health care professionals.
(d) The commissioner may contract with a pharmacy benefit
administrator or pharmacy benefit manager to administer the medical
assistance prescription drug benefit in compliance with subdivisions 13
to 13i. Any contract must require that
the entity under contract make transparent and transfer to the state
all direct and indirect payments received from pharmaceutical manufacturers. For purposes of this paragraph, a
"pharmacy benefit administrator or pharmacy benefit manager"
means an entity under contract to process and adjudicate claims,
disburse payments to pharmacy providers, channel communication of eligibility
and coverage information to beneficiaries and pharmacy providers,
provide information and computer support to enable pharmacy providers to
conduct drug utilization review, conduct activities to control fraud,
abuse, and waste, and negotiate and collect payments from participating
pharmaceutical manufacturers.
Subd. 13c.
[LIMITS ON NUMBER OF BRAND NAME PRESCRIPTIONS.] (a) Medical
assistance outpatient prescription drug coverage for brand name drugs is
limited to the dispensing of four brand name drug products per recipient
per month. Antiretroviral agents and brand name drugs dispensed to recipients
under 18 years of age are exempt
from this restriction. For
purposes of this subdivision, "brand name drugs" means single
source and innovator multiple source drugs. The commissioner may,
through prior authorization, allow exceptions to the limitation on the
dispensing of brand name drugs, based on the treatment needs of a
recipient.
Subd. 13d.
[PHARMACEUTICAL AND THERAPEUTICS COMMITTEE.] (a) The
commissioner, after receiving recommendations from professional medical
associations and professional pharmacist associations, shall designate a formulary
committee to advise the commissioner on the names of drugs for which payment is
made, recommend a system for reimbursing providers on a set fee or charge basis
rather than the present system, and develop methods encouraging use of generic
drugs when they are less expensive and equally effective as trademark drugs
pharmaceutical and therapeutics committee to develop and assist the
commissioner in implementing a medical assistance preferred drug list
and to review and recommend to the commissioner drugs which require
prior authorization. The committee
shall meet at least quarterly. The commissioner
may designate the Medicaid drug utilization review board as the committee
established under this subdivision.
(b) The formulary pharmaceutical and
therapeutics committee shall consist of nine members, four of whom shall
be physicians who are not employed by the department of human services, and a
majority of whose practice is for persons paying privately or through health
insurance, three of whom shall be pharmacists who are not employed by the
department of human services, and a majority of whose practice is for persons
paying privately or through health insurance, a consumer representative, and a
nursing home representative. Committee
members shall serve three-year terms and shall serve without compensation. Members may be reappointed once the
following nine members: at least three
but no more than four licensed physicians actively engaged in the
practice of medicine in Minnesota; at least three licensed pharmacists
actively engaged in the practice of pharmacy in Minnesota; and one
consumer representative; the remainder to be made up of health care
professionals who are licensed in their field and have recognized
knowledge in the clinically appropriate prescribing, dispensing, and
monitoring of covered outpatient drugs.
An honorarium of $100 per meeting and reimbursement for mileage
shall be paid to each committee member in attendance.
Subd. 13e. [DRUG
FORMULARY.] (b) The commissioner shall establish a drug formulary. Its establishment and publication shall not
be subject to the requirements of the Administrative Procedure Act, but the formulary
pharmaceutical and therapeutics committee shall review and comment on
the formulary contents.
The formulary shall not include:
(i) (1) drugs or products for which there is no
federal funding;
(ii) (2) over-the-counter drugs, except for
antacids, acetaminophen, family planning products, aspirin, insulin, products
for the treatment of lice, vitamins for adults with documented vitamin
deficiencies, vitamins for children under the age of seven and pregnant or
nursing women, and any other over-the-counter drug identified by the
commissioner, in consultation with the drug formulary committee, as necessary,
appropriate, and cost-effective for the treatment of certain specified chronic
diseases, conditions or disorders, and this determination shall not be subject
to the requirements of chapter 14 as provided in subdivision 13;
(iii) anorectics, except that medically necessary anorectics
shall be covered for a recipient previously diagnosed as having pickwickian
syndrome and currently diagnosed as having diabetes and being morbidly obese
(3) drugs used for weight loss;
(iv) (4) drugs for which medical value has not
been established; and
(v) (5) drugs from manufacturers who have not
signed a rebate agreement with the Department of Health and Human Services
pursuant to section 1927 of title XIX of the Social Security Act.
The commissioner shall publish
conditions for prohibiting payment for specific drugs after considering the
formulary committee's recommendations.
An honorarium of $100 per meeting and reimbursement for mileage shall be
paid to each committee member in attendance.
Subd. 13f.
[PAYMENT RATES.] (c) (a) The basis for determining the
amount of payment shall be the lower of the actual acquisition costs of the
drugs plus a fixed dispensing fee; the maximum allowable cost set by the
federal government or by the commissioner plus the fixed dispensing fee; or the
usual and customary price charged to the public. The amount of payment basis must be reduced to reflect all
discount amounts applied to the charge by any provider/insurer agreement or
contract for submitted charges to medical assistance programs. The net
submitted charge may not be greater than the patient liability for the service. The pharmacy dispensing fee shall be $3.65,
except that the dispensing fee for intravenous solutions which must be
compounded by the pharmacist shall be $8 per bag, $14 per bag for cancer
chemotherapy products, and $30 per bag for total parenteral nutritional
products dispensed in one liter quantities, or $44 per bag for total parenteral
nutritional products dispensed in quantities greater than one liter. Actual acquisition cost includes quantity
and other special discounts except time and cash discounts. The actual acquisition cost of a drug shall
be estimated by the commissioner, at average wholesale price minus nine 11.5
percent, except that where a drug has had its wholesale price reduced as a
result of the actions of the National Association of Medicaid Fraud Control
Units, the estimated actual acquisition cost shall be the reduced average
wholesale price, without the nine 11.5 percent deduction. The maximum allowable cost of a multisource
drug may be set by the commissioner and it shall be comparable to, but no
higher than, the maximum amount paid by other third-party payors in this state
who have maximum allowable cost programs.
The commissioner shall set maximum allowable costs for multisource
drugs that are not on the federal upper limit list as described in United
States Code, title 42, chapter 7, section 1396r-8(e), the Social Security Act,
and Code of Federal Regulations, title 42, part 447, section 447.332. Establishment of the amount of payment for
drugs shall not be subject to the requirements of the Administrative Procedure
Act.
(b) An additional dispensing fee of $.30 may be added to
the dispensing fee paid to pharmacists for legend drug prescriptions dispensed
to residents of long-term care facilities when a unit dose blister card system,
approved by the department, is used.
Under this type of dispensing system, the pharmacist must dispense a
30-day supply of drug. The National
Drug Code (NDC) from the drug container used to fill the blister card must be
identified on the claim to the department.
The unit dose blister card containing the drug must meet the packaging
standards set forth in Minnesota Rules, part 6800.2700, that govern the return
of unused drugs to the pharmacy for reuse.
The pharmacy provider will be required to credit the department for the
actual acquisition cost of all unused drugs that are eligible for reuse. Over-the-counter medications must be
dispensed in the manufacturer's unopened package. The commissioner may permit the drug clozapine to be dispensed in
a quantity that is less than a 30-day supply.
(c) Whenever a generically equivalent product is
available, payment shall be on the basis of the actual acquisition cost of the
generic drug, unless the prescriber specifically indicates "dispense as
written - brand necessary" on the prescription as required by section
151.21, subdivision 2.
(d) For purposes of this subdivision, "multisource
drugs" means covered outpatient drugs, excluding innovator multisource
drugs for which there are two or more drug products, which:
(1) are related as therapeutically equivalent under the Food
and Drug Administration's most recent publication of "Approved Drug
Products with Therapeutic Equivalence Evaluations";
(2) are pharmaceutically equivalent and bioequivalent as
determined by the Food and Drug Administration; and
(3) are sold or marketed in Minnesota.
"Innovator multisource
drug" means a multisource drug that was originally marketed under an
original new drug application approved by the Food and Drug Administration.
(e) The basis for determining the amount of payment for
drugs administered in an outpatient setting shall be the lower of the
usual and customary cost submitted by the provider, the average
wholesale price minus five percent, or the maximum allowable cost set by
the federal government under United States Code, title 42, chapter 7,
section 1396r-8(e), and Code of Federal Regulations, title 42, section
447.332, or by the commissioner under paragraphs (a) to (c).
Subd. 13g.
[PRIOR AUTHORIZATION.] (a) The formulary pharmaceutical
and therapeutics committee shall review and recommend drugs which require
prior authorization. The pharmaceutical
and therapeutics committee shall establish general criteria to be used
for the prior authorization of brand-name drugs for which generically
equivalent drugs are available, but the committee is not required to
review each brand-name drug for which a generically equivalent drug is
available. The formulary
committee may recommend drugs for prior authorization directly to the
commissioner, as long as opportunity for public input is provided. Prior authorization may be requested by
the commissioner based on medical and clinical criteria and on cost before
certain drugs are eligible for payment.
Before a drug may be considered for prior authorization at the request
of the commissioner:
(1) the drug formulary committee must develop criteria to be
used for identifying drugs; the development of these criteria is not subject to
the requirements of chapter 14, but the formulary committee shall provide
opportunity for public input in developing criteria;
(2) the drug formulary committee must hold a public forum
and receive public comment for an additional 15 days;
(3) the drug formulary committee must consider data from the
state Medicaid program if such data is available; and
(4) the commissioner must provide information to the
formulary committee on the impact that placing the drug on prior authorization
will have on the quality of patient care and on program costs, and information
regarding whether the drug is subject to clinical abuse or misuse.
Prior authorization may be required by the commissioner before
certain formulary drugs are eligible for payment. If prior authorization of a drug is required by the commissioner,
the commissioner must provide a 30-day notice period before implementing the
prior authorization. If a prior
authorization request is denied by the department, the recipient may appeal the
denial in accordance with section 256.045.
If an appeal is filed, the drug must be provided without prior
authorization until a decision is made on the appeal.
(f) The basis for determining the amount of payment for
drugs administered in an outpatient setting shall be the lower of the usual and
customary cost submitted by the provider; the average wholesale price minus
five percent; or the maximum allowable cost set by the federal government under
United States Code, title 42, chapter 7, section 1396r-8(e), and Code of
Federal Regulations, title 42, section 447.332, or by the commissioner under
paragraph (c).
(g) Prior authorization shall not be required or
utilized for any antipsychotic drug prescribed to an individual before July
1, 2003, for the treatment of mental illness where there is no generically
equivalent drug available unless the commissioner determines that prior
authorization is necessary for patient safety.
This paragraph applies to any supplemental drug rebate program
established or administered by the commissioner.
(b) The prior authorization procedure must:
(1) respond to requests, by telephone or other telecommunications
devices, within 24 hours;
(2) provide a 72-hour supply of a prescription drug in an
emergency, when the commissioner does not respond within 24 hours as
required under clause (1), or when the recipient or provider appeals a
denial; and
(3) provide an appeals process under which a recipient
or provider may appeal a denial of a request and receive a response within
24 hours.
(c) Prior authorization shall not be required for nonpreferred
antipsychotic drugs for the treatment of mental illness, where there is
no generically equivalent drug available, and on which patients have
been stabilized prior to the implementation of the preferred drug list
and supplemental rebate program.
All prescriptions for antipsychotic drugs issued after June 30,
2003, must be accompanied by an ICD-9 code and are subject to the
preferred drug list and any step therapy guidelines established by the
commissioner.
(h) (d) Prior authorization shall not be required
or utilized for any antihemophilic factor drug prescribed for the treatment of
hemophilia and blood disorders where there is no generically equivalent drug
available unless the commissioner determines that prior authorization is
necessary for patient safety. This
paragraph applies to any supplemental drug rebate program established or
administered by the commissioner. This
paragraph expires July 1, 2003 2005.
(e) The commissioner shall require prior authorization of
all brand name prescriptions for which the prescription indicates
"dispense as written - brand medically necessary" when a
generically equivalent product is available.
Subd. 13h. [STEP
THERAPY.] The commissioner, in consultation with the pharmaceutical
and therapeutics committee, may develop and implement a step therapy
program. For purposes of this
subdivision, "step therapy" means a prior authorization or
prior utilization review procedure that:
(1) requires a prescribing health care provider to prescribe
the least costly pharmacological or nonpharmacological therapy which can
be used to safely and effectively treat the symptoms of, or effect a
cure for, the medical condition for which the therapy is prescribed; and
(2) allows the prescribing health care provider to sequentially
prescribe increasingly more costly therapies after providing clinical
substantiation that therapies previously prescribed were unsafe or
ineffective in treating the medical condition or illness.
Subd. 13i. [PREFERRED
DRUG LIST.] (a) The commissioner shall adopt and implement a
preferred drug list by January 1, 2004.
The commissioner may enter into a contract with a vendor or one
or more states for the purpose of participating in a multistate
preferred drug list and supplemental rebate program. The commissioner
shall ensure that any contract meets all federal requirements and
maximizes federal financial participation. The commissioner shall publish the preferred drug list
annually in the State Register and shall maintain an accurate and
up-to-date list on the agency Web site.
(b) The commissioner may add to, delete from, and otherwise
modify the preferred drug list, after consulting with the pharmaceutical
and therapeutics committee and appropriate medical specialists and
providing public notice and the opportunity for public comment.
(c) The commissioner shall establish procedures for the timely
review of prescription drugs recently approved by the federal Food and
Drug Administration, including procedures for the review of newly
approved prescription drugs in emergency circumstances.
(d) The commissioner shall adopt and administer the preferred
drug list as part of the administration of the supplemental drug rebate
program. Reimbursement for prescription
drugs not on the preferred drug list may be subject to prior
authorization, unless the drug manufacturer signs a supplemental rebate
contract.
(e) For purposes of this subdivision, "preferred
drug list" means a list of prescription drugs within designated
therapeutic classes selected by the commissioner, for which prior authorization
based on the identity of the drug or class is not required.
(f) The commissioner shall seek any federal waivers or approvals
necessary to implement this subdivision.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 34. Minnesota
Statutes 2002, section 256B.0625, subdivision 17, is amended to read:
Subd. 17.
[TRANSPORTATION COSTS.] (a) Medical assistance covers transportation
costs incurred solely for obtaining emergency medical care or transportation
costs incurred by nonambulatory persons in obtaining emergency or nonemergency
medical care when paid directly to an ambulance company, common carrier, or
other recognized providers of transportation services. For the purpose of this subdivision, a
person who is incapable of transport by taxicab or bus shall be considered to
be nonambulatory.
(b) Medical assistance covers special transportation, as
defined in Minnesota Rules, part 9505.0315, subpart 1, item F, if the provider
receives and maintains a current physician's order by the recipient's attending
physician certifying that the recipient has a physical or mental impairment
that would prohibit the recipient from safely accessing and using a bus, taxi,
other commercial transportation, or private automobile. Special transportation
includes driver-assisted service to eligible individuals. Driver-assisted service includes passenger
pickup at and return to the individual's residence or place of business,
assistance with admittance of the individual to the medical facility, and
assistance in passenger securement or in securing of wheelchairs or stretchers
in the vehicle. The commissioner
shall establish maximum medical assistance reimbursement rates for special
transportation services for persons who need a wheelchair-accessible van or
stretcher-accessible vehicle and for those who do not need a
wheelchair-accessible van or stretcher-accessible vehicle. The average of these two rates per trip must
not exceed $15 for the base rate and $1.40 per mile. Special transportation provided to nonambulatory persons who do
not need a wheelchair-accessible van or stretcher-accessible vehicle, may be
reimbursed at a lower rate than special transportation provided to persons who
need a wheelchair-accessible van or stretcher-accessible vehicle. The maximum medical assistance
reimbursement rates for special transportation services are:
(1) for trips originating within a major metropolitan area,
a flat rate of $28.50 per trip for nonambulatory persons who need a
wheelchair-accessible van and a flat rate of $21 per trip for
nonambulatory persons who do not need a wheelchair-accessible van or a
stretcher-accessible vehicle;
(2) for trips originating outside of a major metropolitan
area, a base rate of $18 per trip and $1.20 per mile for nonambulatory
persons who need a wheelchair-accessible van and a base rate of $12 per
trip and $1.40 per mile for nonambulatory persons who do not need a
wheelchair-accessible van or a stretcher-accessible vehicle; and
(3) for all trips, a base rate of $36 and $1.40 per mile,
and an attendant rate of $9 per trip, for nonambulatory persons who
need a stretcher-accessible vehicle.
For purposes of the determining rates under clauses (1) and
(2), major metropolitan area means a standard metropolitan statistical
area with a population of more than 2,000,0000 people.
Sec. 35. Minnesota
Statutes 2002, section 256B.0625, subdivision 18a, is amended to read:
Subd. 18a. [ACCESS TO
MEDICAL SERVICES.] (a) Medical assistance reimbursement for meals for persons
traveling to receive medical care shall be provided only for travel
involving lodging, and may not exceed $5.50 for breakfast, $6.50 for
lunch, or $8 for dinner.
(b) Medical assistance reimbursement for lodging for
persons traveling to receive medical care shall be provided only if
the local agency determines that the medical care service is not
available at a location that does not require lodging, and may not exceed
$50 per day unless prior authorized by the local agency.
(c) Medical assistance direct mileage reimbursement to the
eligible person or the eligible person's driver may not exceed 20 cents per
mile.
(d) Medical assistance covers oral language interpreter services
when provided by an enrolled health care provider during the course of
providing a direct, person-to-person covered health care service to an enrolled
recipient with limited English proficiency.
Sec. 36. [256B.0631]
[MEDICAL ASSISTANCE CO-PAYMENTS.]
Subdivision 1.
[CO-PAYMENTS.] (a) Except as provided in subdivision 2, the
medical assistance benefit plan shall include the following co-payments
for all recipients, effective for services provided on or after October
1, 2003:
(1) $3 per nonpreventive visit. For purposes of this subdivision, a visit means an episode
of service which is required because of a recipient's symptoms,
diagnosis, or established illness, and which is delivered in an
ambulatory setting by a physician or physician ancillary, chiropractor,
podiatrist, nurse midwife, mental health professional, advanced practice
nurse, physical therapist, occupational therapist, speech therapist,
audiologist, optician, or optometrist;
(2) $3 for eyeglasses;
(3) $6 for nonemergency visits to a hospital-based emergency
room; and
(4) $3 per brand-name drug prescription and $1 per generic
drug prescription, subject to a $20 per month maximum for prescription
drug co-payments.
(b) Recipients of medical assistance are responsible for
all co-payments in this subdivision.
Subd. 2.
[EXCEPTIONS.] Co-payments shall be subject to the following
exceptions:
(1) children under the age of 21;
(2) pregnant women for services that relate to the pregnancy
or any other medical condition that may complicate the pregnancy;
(3) recipients expected to reside for at least 30 days in a
hospital, nursing home, or intermediate care facility for the mentally
retarded;
(4) recipients receiving hospice care;
(5) 100 percent federally funded services provided by an
Indian health service;
(6) emergency services;
(7) family planning services;
(8) services that are paid by Medicare, resulting in the
medical assistance program paying for the coinsurance and deductible;
and
(9) co-payments that exceed one per day per provider for
nonpreventive visits, eyeglasses, and nonemergency visits to a hospital-based
emergency room.
Subd. 3.
[COLLECTION.] The medical assistance reimbursement to the
provider shall be reduced by the amount of the co-payment, except that
reimbursement for prescription drugs shall not be reduced once a
recipient has reached the $20 per month maximum for prescription drug
co-payments. The provider collects
the co-payment from the recipient.
Providers may not deny services to recipients who are unable to
pay the co-payment, except as provided in subdivision 4.
Subd. 4.
[UNCOLLECTED DEBT.] If it is the routine business practice of
a provider to refuse service to an individual with uncollected debt, the
provider may include uncollected co-payments under this section. A provider must give advance notice
to a recipient with uncollected debt before services can be denied.
Sec. 37. Minnesota
Statutes 2002, section 256B.0635, subdivision 1, is amended to read:
Subdivision 1.
[INCREASED EMPLOYMENT.] (a) Until June 30, 2002, medical assistance may
be paid for persons who received MFIP or medical assistance for families and
children in at least three of six months preceding the month in which the
person became ineligible for MFIP or medical assistance, if the ineligibility
was due to an increase in hours of employment or employment income or due to
the loss of an earned income disregard.
In addition, to receive continued assistance under this section, persons
who received medical assistance for families and children but did not receive
MFIP must have had income less than or equal to the assistance standard for
their family size under the state's AFDC plan in effect as of July 16, 1996,
increased by three percent effective July 1, 2000, at the time medical
assistance eligibility began. A person
who is eligible for extended medical assistance is entitled to six months of
assistance without reapplication, unless the assistance unit ceases to include
a dependent child. For a person under
21 years of age, medical assistance may not be discontinued within the
six-month period of extended eligibility until it has been determined that the
person is not otherwise eligible for medical assistance. Medical assistance may be continued for an
additional six months if the person meets all requirements for the additional
six months, according to title XIX of the Social Security Act, as amended by
section 303 of the Family Support Act of 1988, Public Law Number
100-485.
(b) Beginning July 1, 2002, contingent upon federal funding,
medical assistance for families and children may be paid for persons who were
eligible under section 256B.055, subdivision 3a, in at least three of six
months preceding the month in which the person became ineligible under that
section if the ineligibility was due to an increase in hours of employment or
employment income or due to the loss of an earned income disregard. A person who is eligible for extended
medical assistance is entitled to six months of assistance without
reapplication, unless the assistance unit ceases to include a dependent child,
except medical assistance may not be discontinued for that dependent child
under 21 years of age within the six-month period of extended eligibility until
it has been determined that the person is not otherwise eligible for medical
assistance. Medical assistance may be
continued for an additional six months if the person meets all requirements for
the additional six months, according to title XIX of the Social Security Act,
as amended by section 303 of the Family Support Act of 1988, Public Law Number 100‑485.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 38. Minnesota
Statutes 2002, section 256B.0635, subdivision 2, is amended to read:
Subd. 2. [INCREASED
CHILD OR SPOUSAL SUPPORT.] (a) Until June 30, 2002, medical assistance may be
paid for persons who received MFIP or medical assistance for families and
children in at least three of the six months preceding the month in which the
person became ineligible for MFIP or medical assistance, if the ineligibility
was the result of the collection of child or spousal support under part D of
title IV of the Social Security Act. In addition, to receive continued assistance
under this section, persons who received medical assistance for families and
children but did not receive MFIP must have had income less than or equal to
the assistance standard for their family size under the state's AFDC plan in
effect as of July 16, 1996, increased by three percent effective July 1, 2000,
at the time medical assistance eligibility began. A person who is eligible for extended medical assistance under
this subdivision is entitled to four months of assistance without reapplication,
unless the assistance unit ceases to include a dependent child, except medical
assistance may not be discontinued for that dependent child under 21 years of
age within the four-month period of extended eligibility until it has been
determined that the person is not otherwise eligible for medical assistance.
(b) Beginning July 1, 2002, contingent upon federal funding,
medical assistance for families and children may be paid for persons who were
eligible under section 256B.055, subdivision 3a, in at least three of the six
months preceding the month in which the person became ineligible under that
section if the ineligibility was the result of the collection of child or
spousal support under part D of title IV of the Social Security Act. A person who is eligible for extended
medical assistance under this subdivision is entitled to four months of
assistance without reapplication, unless the assistance unit ceases to include
a dependent child, except medical assistance may not be discontinued for that
dependent child under 21 years of age within the four-month period of extended
eligibility until it has been determined that the person is not otherwise
eligible for medical assistance.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 39. Minnesota
Statutes 2002, section 256B.15, subdivision 1, is amended to read:
Subdivision 1. [POLICY,
APPLICABILITY, PURPOSE, AND CONSTRUCTION; DEFINITION.] (a) It is
the policy of this state that individuals or couples, either or both of
whom participate in the medical assistance program, use their own assets
to pay their share of the total cost of their care during or after their
enrollment in the program according to applicable federal law and the
laws of this state. The following
provisions apply:
(1) subdivisions 1c to 1k shall not apply to claims arising
under this section which are presented under section 525.313;
(2) the provisions of subdivisions 1c to 1k expanding the
interests included in an estate for purposes of recovery under this
section give effect to the provisions of United States Code, title 42,
section 1396p, governing recoveries, but do not give rise to any express
or implied liens in favor of any other parties not named in these
provisions;
(3) the continuation of a recipient's life estate or joint
tenancy interest in real property after the recipient's death for the
purpose of recovering medical assistance under this section modifies
common law principles holding that these interests terminate on the
death of the holder;
(4) all laws, rules, and regulations governing or involved
with a recovery of medical assistance shall be liberally construed to
accomplish their intended purposes;
(5) a deceased recipient's life estate and joint tenancy
interests continued under this section shall be owned by the remaindermen
or surviving joint tenants as their interests may appear on the date of
the recipient's death. They shall not
be merged into the remainder interest or the interests of the surviving
joint tenants by reason of ownership.
They shall be subject to the provisions of this section. Any conveyance, transfer, sale,
assignment, or encumbrance by a remainderman, a surviving joint tenant,
or their heirs, successors, and assigns shall be deemed to include all
of their interest in the deceased recipient's life estate or joint
tenancy interest continued under this section; and
(6) the provisions of subdivisions 1c to 1k continuing a
recipient's joint tenancy interests in real property after the recipient's
death do not apply to a homestead owned of record, on the date the
recipient dies, by the recipient and the recipient's spouse as joint
tenants with a right of survivorship.
(b) For purposes of this
section, "medical assistance" includes the medical assistance program
under this chapter and the general assistance medical care program under
chapter 256D, but does not include the alternative care program for nonmedical
assistance recipients under section 256B.0913, subdivision 4.
[EFFECTIVE DATE.] This
section is effective August 1, 2003, and applies to estates of decedents
who die on or after that date.
Sec. 40. Minnesota
Statutes 2002, section 256B.15, subdivision 1a, is amended to read:
Subd. 1a. [ESTATES
SUBJECT TO CLAIMS.] If a person receives any medical assistance hereunder, on
the person's death, if single, or on the death of the survivor of a married
couple, either or both of whom received medical assistance, or as
otherwise provided for in this section, the total amount paid for medical
assistance rendered for the person and spouse shall be filed as a claim against
the estate of the person or the estate of the surviving spouse in the court
having jurisdiction to probate the estate or to issue a decree of descent
according to sections 525.31 to 525.313.
A claim shall be filed if medical assistance was rendered for
either or both persons under one of the following circumstances:
(a) the person was over 55 years of age, and received services
under this chapter, excluding alternative care;
(b) the person resided in a medical institution for six months
or longer, received services under this chapter excluding alternative care,
and, at the time of institutionalization or application for medical assistance,
whichever is later, the person could not have reasonably been expected to be
discharged and returned home, as certified in writing by the person's treating
physician. For purposes of this section
only, a "medical institution" means a skilled nursing facility,
intermediate care facility, intermediate care facility for persons with mental
retardation, nursing facility, or inpatient hospital; or
(c) the person received general assistance medical care
services under chapter 256D.
The claim shall be considered an expense of the last illness of
the decedent for the purpose of section 524.3-805. Any statute of limitations
that purports to limit any county agency or the state agency, or both, to
recover for medical assistance granted hereunder shall not apply to any claim
made hereunder for reimbursement for any medical assistance granted hereunder. Notice of the claim shall be given to all
heirs and devisees of the decedent whose identity can be ascertained with
reasonable diligence. The notice must
include procedures and instructions for making an application for a hardship
waiver under subdivision 5; time frames for submitting an application and
determination; and information regarding appeal rights and procedures. Counties are entitled to one-half of the
nonfederal share of medical assistance collections from estates that are
directly attributable to county effort.
[EFFECTIVE DATE.] This
section is effective August 1, 2003, and applies to the estates of
decedents who die on and after that date.
Sec. 41. Minnesota
Statutes 2002, section 256B.15, is amended by adding a subdivision to read:
Subd. 1c.
[NOTICE OF POTENTIAL CLAIM.] (a) A state agency with a claim
or potential claim under this section may file a notice of potential
claim under this subdivision anytime before or within one year after a
medical assistance recipient dies. The claimant shall be the state
agency. A notice filed prior to the
recipient's death shall not take effect and shall not be effective as
notice until the recipient dies. A
notice filed after a recipient dies shall be effective from the time of
filing.
(b) The notice of claim shall be
filed or recorded in the real estate records in the office of the county
recorder or registrar of titles for each county in which any part of the
property is located. The recorder
shall accept the notice for recording or filing. The registrar of titles shall accept the
notice for filing if the recipient has a recorded interest in the
property. The registrar of titles shall
not carry forward to a new certificate of title any notice filed more
than one year from the date of the recipient's death.
(c) The notice must be dated, state the name of the claimant,
the medical assistance recipient's name and social security number if
filed before their death and their date of death if filed after they
die, the name and date of death of any predeceased spouse of the medical
assistance recipient for whom a claim may exist, a statement that the
claimant may have a claim arising under this section, generally identify
the recipient's interest in the property, contain a legal description
for the property and whether it is abstract or registered property, a
statement of when the notice becomes effective and the effect of the
notice, be signed by an authorized representative of the state agency,
and may include such other contents as the state agency may deem
appropriate.
[EFFECTIVE DATE.] This
section is effective August 1, 2003, and applies to the estates of
decedents who die on or after that date.
Sec. 42. Minnesota
Statutes 2002, section 256B.15, is amended by adding a subdivision to read:
Subd. 1d.
[EFFECT OF NOTICE.] From the time it takes effect, the notice
shall be notice to remaindermen, joint tenants, or to anyone else owning
or acquiring an interest in or encumbrance against the property
described in the notice that the medical assistance recipient's life
estate, joint tenancy, or other interests in the real estate described
in the notice:
(1) shall, in the case of life estate and joint tenancy interests,
continue to exist for purposes of this section, and be subject to liens
and claims as provided in this section;
(2) shall be subject to a lien in favor of the claimant effective
upon the death of the recipient and dealt with as provided in this
section;
(3) may be included in the recipient's estate, as defined
in this section; and
(4) may be subject to administration and all other provisions
of chapter 524 and may be sold, assigned, transferred, or encumbered
free and clear of their interest or encumbrance to satisfy claims under
this section.
[EFFECTIVE DATE.] This
section is effective August 1, 2003, and applies to the estates of
decedents who die on or after that date.
Sec. 43. Minnesota
Statutes 2002, section 256B.15, is amended by adding a subdivision to read:
Subd. 1e. [FULL
OR PARTIAL RELEASE OF NOTICE.] (a) The claimant may fully or
partially release the notice and the lien arising out of the notice of
record in the real estate records where the notice is filed or recorded
at any time. The claimant may
give a full or partial release to extinguish any life estates or joint
tenancy interests which are or may be continued under this section or
whose existence or nonexistence may create a cloud on the title to real
property at any time whether or not a notice has been filed. The recorder or registrar of titles shall
accept the release for recording or filing.
If the release is a partial release, it must include a legal description
of the property being released.
(b) At any time, the claimant may, at the claimant's discretion,
wholly or partially release, subordinate, modify, or amend the recorded
notice and the lien arising out of the notice.
[EFFECTIVE DATE.] This
section is effective August 1, 2003, and applies to the estates of
decedents who die on or after that date.
Sec. 44. Minnesota Statutes 2002, section 256B.15, is amended by adding a
subdivision to read:
Subd. 1f.
[AGENCY LIEN.] (a) The notice shall constitute a lien in favor
of the department of human services against the recipient's interests in
the real estate it describes for a period of 20 years from the date of
filing or the date of the recipient's death, whichever is later. Notwithstanding any law or rule to
the contrary, a recipient's life estate and joint tenancy interests
shall not end upon the recipient's death but shall continue according to
subdivisions 1h, 1i, and 1j. The amount
of the lien shall be equal to the total amount of the claims that could
be presented in the recipient's estate under this section.
(b) If no estate has been opened for the deceased recipient,
any holder of an interest in the property may apply to the lien holder
for a statement of the amount of the lien or for a full or partial
release of the lien. The application
shall include the applicant's name, current mailing address, current home
and work telephone numbers, and a description of their interest in the
property, a legal description of the recipient's interest in the
property, and the deceased recipient's name, date of birth, and social
security number. The lien holder shall send the applicant by certified
mail, return receipt requested, a written statement showing the amount
of the lien, whether the lien holder is willing to release the lien
and under what conditions, and inform them of the right to a hearing
under section 256.045. The lien holder
shall have the discretion to compromise and settle the lien upon any
terms and conditions the lien holder deems appropriate.
(c) Any holder of an interest in property subject to the
lien has a right to request a hearing under section 256.045 to determine
the validity, extent, or amount of the lien.
The request must be in writing, and must include the names,
current addresses, and home and business telephone numbers for all other
parties holding an interest in the property. A request for a hearing by any holder of an interest in
the property shall be deemed to be a request for a hearing by all
parties owning interests in the property. Notice of the hearing shall be given to the lien holder,
the party filing the appeal, and all of the other holders of interests
in the property at the addresses listed in the appeal by certified mail,
return receipt requested, or by ordinary mail. Any owner of an interest in the property to whom notice of
the hearing is mailed shall be deemed to have waived any and all claims
or defenses in respect to the lien unless they appear and assert any
claims or defenses at the hearing.
(d) If the claim the lien secures could be filed under subdivision
1h, the lien holder may collect, compromise, settle, or release the lien
upon any terms and conditions it deems appropriate. If the claim the lien secures could be filed
under subdivision 1i or 1j, the lien may be adjusted or enforced to the
same extent had it been filed under subdivisions 1i and 1j, and the provisions
of subdivisions 1i, clause (f), and lj, clause (d), shall apply to
voluntary payment, settlement, or satisfaction of the lien.
(e) If no probate proceedings have been commenced for the
recipient as of the date the lien holder executes a release of the
lien on a recipient's life estate or joint tenancy interest, created for
purposes of this section, the release shall terminate the life estate or
joint tenancy interest created under this section as of the date it is
recorded or filed to the extent of the release. If the claimant executes a release for purposes
of extinguishing a life estate or a joint tenancy interest created under
this section to remove a cloud on title to real property, the release
shall have the effect of extinguishing any life estate or joint tenancy
interests in the property it describes which may have been continued by
reason of this section retroactive to the date of death of the deceased
life tenant or joint tenant except as provided for in section 514.981,
subdivision 6.
(f) If the deceased recipient's estate is probated, a claim
shall be filed under this section.
The amount of the lien shall be limited to the amount of the
claim as finally allowed. If the
claim the lien secures is filed under subdivision 1h, the lien may be
released in full after any allowance of the claim becomes final or
according to any agreement to settle and satisfy the claim. The release shall release the lien but shall
not extinguish or terminate the interest being released. If the claim the lien secures is
filed under subdivision 1i or 1j, the lien shall be released after the
lien under subdivision 1i or 1j is
filed or recorded, or settled according to any agreement to settle and
satisfy the claim. The release shall
not extinguish or terminate the interest being released. If the claim is finally disallowed in
full, the claimant shall release the claimant's lien at the claimant's
expense.
[EFFECTIVE DATE.] This
section takes effect on August 1, 2003, and applies to the estates of
decedents who die on or after that date.
Sec. 45. Minnesota
Statutes 2002, section 256B.15, is amended by adding a subdivision to read:
Subd. 1g.
[ESTATE PROPERTY.] Notwithstanding any law or rule to the
contrary, if a claim is presented under this section, interests or the
proceeds of interests in real property a decedent owned as a life tenant
or a joint tenant with a right of survivorship shall be part of the
decedent's estate, subject to administration, and shall be dealt with as
provided in this section.
[EFFECTIVE DATE.] This
section takes effect on August 1, 2003, and applies to the estates of
decedents who die on or after that date.
Sec. 46. Minnesota
Statutes 2002, section 256B.15, is amended by adding a subdivision to read:
Subd. 1h.
[ESTATES OF SPECIFIC PERSONS RECEIVING MEDICAL ASSISTANCE.] (a) For
purposes of this section, paragraphs (b) to (k) apply if a person
received medical assistance for which a claim may be filed under this
section and died single, or the surviving spouse of the couple and was
not survived by any of the persons described in subdivisions 3 and 4.
(b) For purposes of this section, the person's estate consists
of: (1) their probate estate; (2) all
of the person's interests or proceeds of those interests in real property
the person owned as a life tenant or as a joint tenant with a right of
survivorship at the time of the person's death; (3) all of the person's
interests or proceeds of those interests in securities the person owned
in beneficiary form as provided under sections 524.6-301 to 524.6-311 at
the time of the person's death, to the extent they become part of the
probate estate under section 524.6-307; and (4) all of the person's interests
in joint accounts, multiple party accounts, and pay on death accounts, or
the proceeds of those accounts, as provided under sections 524.6-201 to
524.6-214 at the time of the person's death to the extent they become
part of the probate estate under section 524.6-207. Notwithstanding any law or rule to
the contrary, a state or county agency with a claim under this section
shall be a creditor under section 524.6-307.
(c) Notwithstanding any law or rule to the contrary, the
person's life estate or joint tenancy interest in real property not
subject to a medical assistance lien under sections 514.980 to 514.985
on the date of the person's death shall not end upon the person's death
and shall continue as provided in this subdivision. The life estate in the person's estate shall
be that portion of the interest in the real property subject to the life
estate that is equal to the life estate percentage factor for the life
estate as listed in the Life Estate Mortality Table of the health care
program's manual for a person who was the age of the medical assistance
recipient on the date of the person's death. The joint tenancy interest in real property in the estate
shall be equal to the fractional interest the person would have owned in
the jointly held interest in the property had they and the other owners
held title to the property as tenants in common on the date the person
died.
(d) The court upon its own motion, or upon motion by the
personal representative or any interested party, may enter an order
directing the remaindermen or surviving joint tenants and their spouses,
if any, to sign all documents, take all actions, and otherwise fully
cooperate with the personal representative and the court to liquidate
the decedent's life estate or joint tenancy interests in the estate and
deliver the cash or the proceeds of those interests to the personal
representative and provide for any legal and equitable sanctions as the
court deems appropriate to enforce and carry out the order, including an
award of reasonable attorney fees.
(e) The personal representative may make, execute, and
deliver any conveyances or other documents necessary to convey the
decedent's life estate or joint tenancy interest in the estate that are
necessary to liquidate and reduce to cash the decedent's interest or for
any other purposes.
(f) Subject to administration, all costs, including reasonable
attorney fees, directly and immediately related to liquidating the
decedent's life estate or joint tenancy interest in the decedent's
estate, shall be paid from the gross proceeds of the liquidation
allocable to the decedent's interest and the net proceeds shall be
turned over to the personal representative and applied to payment of the
claim presented under this section.
(g) The personal representative shall bring a motion in the
district court in which the estate is being probated to compel the
remaindermen or surviving joint tenants to account for and deliver to
the personal representative all or any part of the proceeds of any sale,
mortgage, transfer, conveyance, or any disposition of real property
allocable to the decedent's life estate or joint tenancy interest in the
decedent's estate, and do everything necessary to liquidate and reduce
to cash the decedent's interest and turn the proceeds of the sale or
other disposition over to the personal representative. The court may grant any legal or
equitable relief including, but not limited to, ordering a partition of
real estate under chapter 558 necessary to make the value of the
decedent's life estate or joint tenancy interest available to the estate
for payment of a claim under this section.
(h) Subject to administration, the personal representative
shall use all of the cash or proceeds of interests to pay an allowable
claim under this section. The
remaindermen or surviving joint tenants and their spouses, if any, may
enter into a written agreement with the personal representative or the
claimant to settle and satisfy obligations imposed at any time before
or after a claim is filed.
(i) The personal representative may provide any or all of
the other owners, remaindermen, or surviving joint tenants with an
affidavit terminating the decedent's estate's interest in real property
the decedent owned as a life tenant or as a joint tenant with others, if
the personal representative determines that neither the decedent nor any
of the decedent's predeceased spouses received any medical assistance
for which a claim could be filed under this section, or if the personal
representative has filed an affidavit with the court that the estate has
other assets sufficient to pay a claim, as presented, or if there is a
written agreement under paragraph (h), or if the claim, as allowed,
has been paid in full or to the full extent of the assets the estate has
available to pay it. The affidavit may
be recorded in the office of the county recorder or filed in the office
of the registrar of titles for the county in which the real property is
located. Except as provided in section
514.981, subdivision 6, when recorded or filed, the affidavit shall
terminate the decedent's interest in real estate the decedent owned as a
life tenant or a joint tenant with others. The affidavit shall: (1) be signed by the personal representative;
(2) identify the decedent and the interest being terminated; (3) give
recording information sufficient to identify the instrument that created
the interest in real property being terminated; (4) legally describe the
affected real property; (5) state that the personal representative has
determined that neither the decedent nor any of the decedent's predeceased
spouses received any medical assistance for which a claim could be filed
under this section; (6) state that the decedent's estate has other
assets sufficient to pay the claim, as presented, or that there is a
written agreement between the personal representative and the claimant
and the other owners or remaindermen or other joint tenants to satisfy
the obligations imposed under this subdivision; and (7) state that the
affidavit is being given to terminate the estate's interest under this
subdivision, and any other contents as may be appropriate.
The recorder or registrar of
titles shall accept the affidavit for recording or filing. The affidavit shall be effective as provided
in this section and shall constitute notice even if it does not include
recording information sufficient to identify the instrument creating the
interest it terminates. The affidavit
shall be conclusive evidence of the stated facts.
(j) The holder of a lien arising under subdivision 1c
shall release the lien at the holder's expense against an interest terminated
under paragraph (h) to the extent of the termination.
(k) If a lien arising under subdivision 1c is not released
under paragraph (j), prior to closing the estate, the personal representative
shall deed the interest subject to the lien to the remaindermen or
surviving joint tenants as their interests may appear. Upon recording or filing, the deed shall
work a merger of the recipient's life estate or joint tenancy interest,
subject to the lien, into the remainder interest or interest the decedent
and others owned jointly. The lien
shall attach to and run with the property to the extent of the
decedent's interest at the time of the decedent's death.
[EFFECTIVE DATE.] This
section takes effect on August 1, 2003, and applies to the estates of
decedents who die on or after that date.
Sec. 47. Minnesota
Statutes 2002, section 256B.15, is amended by adding a subdivision to read:
Subd. 1i.
[ESTATES OF PERSONS RECEIVING MEDICAL ASSISTANCE AND SURVIVED BY
OTHERS.] (a) For purposes of this subdivision, the person's estate
consists of the person's probate estate and all of the person's
interests in real property the person owned as a life tenant or a joint
tenant at the time of the person's death.
(b) Notwithstanding any law or rule to the contrary, this
subdivision applies if a person received medical assistance for which
a claim could be filed under this section but for the fact the person
was survived by a spouse or by a person listed in subdivision 3, or if
subdivision 4 applies to a claim arising under this section.
(c) The person's life estate or joint tenancy interests in
real property not subject to a medical assistance lien under sections
514.980 to 514.985 on the date of the person's death shall not end upon
death and shall continue as provided in this subdivision. The life estate in the estate shall be the
portion of the interest in the property subject to the life estate that
is equal to the life estate percentage factor for the life estate as
listed in the Life Estate Mortality Table of the health care program's
manual for a person who was the age of the medical assistance recipient
on the date of the person's death. The joint tenancy interest in the
estate shall be equal to the fractional interest the medical assistance
recipient would have owned in the jointly held interest in the property
had they and the other owners held title to the property as tenants in
common on the date the medical assistance recipient died.
(d) The county agency shall file a claim in the estate under
this section on behalf of the claimant who shall be the commissioner of
human services, notwithstanding that the decedent is survived by a
spouse or a person listed in subdivision 3. The claim, as allowed, shall not be paid by the estate and
shall be disposed of as provided in this paragraph. The personal
representative or the court shall make, execute, and deliver a lien in
favor of the claimant on the decedent's interest in real property in the
estate in the amount of the allowed claim on forms provided by the
commissioner to the county agency filing the lien. The lien shall bear interest as provided
under section 524.3-806, shall attach to the property it describes upon
filing or recording, and shall remain a lien on the real property it
describes for a period of 20 years from the date it is filed or
recorded. The lien shall be a disposition
of the claim sufficient to permit the estate to close.
(e) The state or county agency shall file or record the lien
in the office of the county recorder or registrar of titles for each
county in which any of the real property is located. The recorder or
registrar of titles shall accept the lien for filing or recording. All recording or filing fees shall be paid
by the department of human services.
The recorder or registrar of titles shall mail the recorded lien
to the department of human services.
The lien need not be attested, certified, or acknowledged as a
condition of recording or filing. Upon
recording or filing of a lien against a life estate or a joint tenancy
interest, the interest subject to the lien shall merge into the
remainder interest or the interest the recipient and others owned
jointly. The lien shall attach to and
run with the property to the extent of the decedent's interest in the
property at the time of the decedent's death as determined under this
section.
(f) The department shall make no adjustment or recovery
under the lien until after the decedent's spouse, if any, has died,
and only at a time when the decedent has no surviving child described in
subdivision 3. The estate, any owner of
an interest in the property which is or may be subject to the lien, or
any other interested party, may voluntarily pay off, settle, or
otherwise satisfy the claim secured or to be secured by the lien at any
time before or after the lien is filed or recorded. Such payoffs,
settlements, and satisfactions shall be deemed to be voluntary
repayments of past medical assistance payments for the benefit of the
deceased recipient, and neither the process of settling the claim, the
payment of the claim, or the acceptance of a payment shall constitute an
adjustment or recovery that is prohibited under this subdivision.
(g) The lien under this subdivision may be enforced or foreclosed
in the manner provided by law for the enforcement of judgment liens
against real estate or by a foreclosure by action under chapter
581. When the lien is paid, satisfied,
or otherwise discharged, the state or county agency shall prepare and
file a release of lien at its own expense.
No action to foreclose the lien shall be commenced unless the
lien holder has first given 30 days' prior written notice to pay the
lien to the owners and parties in possession of the property subject to
the lien. The notice shall: (1) include the name, address, and telephone
number of the lien holder; (2) describe the lien; (3) give the amount of
the lien; (4) inform the owner or party in possession that payment of
the lien in full must be made to the lien holder within 30 days after service
of the notice or the lien holder may begin proceedings to foreclose the
lien; and (5) be served by personal service, certified mail, return
receipt requested, ordinary first class mail, or by publishing it once
in a newspaper of general circulation in the county in which any part
of the property is located. Service of
the notice shall be complete upon mailing or publication.
[EFFECTIVE DATE.] This
section takes effect August 1, 2003, and applies to estates of decedents
who die on or after that date.
Sec. 48. Minnesota
Statutes 2002, section 256B.15, is amended by adding a subdivision to read:
Subd. 1j.
[CLAIMS IN ESTATES OF DECEDENTS SURVIVED BY OTHER SURVIVORS.] For
purposes of this subdivision, the provisions in subdivision 1i,
paragraphs (a) to (c) apply.
(a) If payment of a claim filed under this section is limited
as provided in subdivision 4, and if the estate does not have other
assets sufficient to pay the claim in full, as allowed, the personal
representative or the court shall make, execute, and deliver a lien on
the property in the estate that is exempt from the claim under
subdivision 4 in favor of the commissioner of human services on forms
provided by the commissioner to the county agency filing the claim. If the estate pays a claim filed
under this section in full from other assets of the estate, no lien
shall be filed against the property described in subdivision 4.
(b) The lien shall be in an amount equal to the unpaid balance
of the allowed claim under this section remaining after the estate has
applied all other available assets of the estate to pay the claim. The property exempt under subdivision 4
shall not be sold, assigned, transferred, conveyed, encumbered, or distributed
until after the personal representative has determined the estate has
other assets sufficient to pay the allowed claim in full, or until after
the lien has been filed or recorded.
The lien shall bear interest as provided under section 524.3-806,
shall attach to the property it describes upon filing or recording, and
shall remain a lien on the real property it describes for a period of 20
years from the date it is filed or recorded. The lien shall be a disposition of the claim sufficient to
permit the estate to close.
(c) The state or county agency shall file or record the lien
in the office of the county recorder or registrar of titles in each
county in which any of the real property is located. The department
shall pay the filing fees. The lien
need not be attested, certified, or acknowledged as a condition of
recording or filing. The
recorder or registrar of titles shall accept the lien for filing or
recording.
(d) The commissioner shall make no adjustment or
recovery under the lien until none of the persons listed in subdivision
4 are residing on the property or until the property is sold or transferred. The estate or any owner of an interest in
the property that is or may be subject to the lien, or any other interested
party, may voluntarily pay off, settle, or otherwise satisfy the claim
secured or to be secured by the lien at any time before or after the
lien is filed or recorded. The payoffs,
settlements, and satisfactions shall be deemed to be voluntary
repayments of past medical assistance payments for the benefit of the
deceased recipient and neither the process of settling the claim, the
payment of the claim, or acceptance of a payment shall constitute an
adjustment or recovery that is prohibited under this subdivision.
(e) A lien under this subdivision may be enforced or foreclosed
in the manner provided for by law for the enforcement of judgment liens
against real estate or by a foreclosure by action under chapter
581. When the lien has been paid, satisfied,
or otherwise discharged, the claimant shall prepare and file a release
of lien at the claimant's expense. No
action to foreclose the lien shall be commenced unless the lien holder
has first given 30 days prior written notice to pay the lien to the
record owners of the property and the parties in possession of the
property subject to the lien. The
notice shall: (1) include the
name, address, and telephone number of the lien holder; (2) describe the
lien; (3) give the amount of the lien; (4) inform the owner or party in
possession that payment of the lien in full must be made to the lien
holder within 30 days after service of the notice or the lien holder may
begin proceedings to foreclose the lien; and (5) be served by personal
service, certified mail, return receipt requested, ordinary first
class mail, or by publishing it once in a newspaper of general
circulation in the county in which any part of the property is
located. Service shall be complete upon
mailing or publication.
(f) Upon filing or recording of a lien against a life estate
or joint tenancy interest under this subdivision, the interest subject
to the lien shall merge into the remainder interest or the interest the
decedent and others owned jointly, effective on the date of recording
and filing. The lien shall attach
to and run with the property to the extent of the decedent's interest in
the property at the time of the decedent's death as determined under
this section.
(g)(1) An affidavit may be provided by a personal representative
stating the personal representative has determined in good faith that a
decedent survived by a spouse or a person listed in subdivision 3, or by
a person listed in subdivision 4, or the decedent's predeceased spouse
did not receive any medical assistance giving rise to a claim under this
section, or that the real property described in subdivision 4 is not
needed to pay in full a claim arising under this section.
(2) The affidavit shall:
(i) describe the property and the interest being extinguished;
(ii) name the decedent and give the date of death; (iii) state the facts
listed in clause (1); (iv) state that the affidavit is being filed to
terminate the life estate or joint tenancy interest created under this
subdivision; (v) be signed by the personal representative; and (vi)
contain any other information that the affiant deems appropriate.
(3) Except as provided in section 514.981, subdivision 6,
when the affidavit is filed or recorded, the life estate or joint
tenancy interest in real property that the affidavit describes shall be
terminated effective as of the date of filing or recording. The termination shall be final and may not
be set aside for any reason.
[EFFECTIVE DATE.] This
section takes effect on August 1, 2003, and applies to the estates of
decedents who die on or after that date.
Sec. 49. Minnesota Statutes
2002, section 256B.15, is amended by adding a subdivision to read:
Subd. 1k.
[FILING.] Any notice, lien, release, or other document filed
under subdivisions 1c to 1l, and any lien, release of lien, or other
documents relating to a lien filed under subdivisions 1h, 1i, and 1j
must be filed or recorded in the office of the county recorder or
registrar of titles, as appropriate, in the county where the affected
real property is located.
Notwithstanding section 386.77, the state or county agency shall
pay any applicable filing fee. An
attestation, certification, or acknowledgment is not required as a
condition of filing. If the
property described in the filing
is registered property, the registrar of titles shall record the filing
on the certificate of title for each parcel of property described in the
filing. If the property described in
the filing is abstract property, the recorder shall file and index the
property in the county's grantor-grantee indexes and any tract indexes
the county maintains for each parcel of property described in the
filing. The recorder or registrar of
titles shall return the filed document to the party filing it at no cost. If the party making the filing provides a
duplicate copy of the filing, the recorder or registrar of titles shall
show the recording or filing data on the copy and return it to the party
at no extra cost.
[EFFECTIVE DATE.] This
section takes effect on August 1, 2003, and applies to the estates of
decedents who die on or after that date.
Sec. 50. Minnesota
Statutes 2002, section 256B.15, subdivision 3, is amended to read:
Subd. 3. [SURVIVING
SPOUSE, MINOR, BLIND, OR DISABLED CHILDREN.] If a decedent who is
survived by a spouse, or was single, or who was the surviving
spouse of a married couple, and is survived by a child who is
under age 21 or blind or permanently and totally disabled according to the
supplemental security income program criteria, no a claim shall
be filed against the estate according to this section.
[EFFECTIVE DATE.] This
section is effective August 1, 2003, and applies to decedents who die on
or after that date.
Sec. 51. Minnesota
Statutes 2002, section 256B.15, subdivision 4, is amended to read:
Subd. 4. [OTHER
SURVIVORS.] If the decedent who was single or the surviving spouse of a married
couple is survived by one of the following persons, a claim exists against the
estate in an amount not to exceed the value of the nonhomestead property
included in the estate and the personal representative shall make,
execute, and deliver to the county agency a lien against the homestead
property in the estate for any unpaid balance of the claim to the
claimant as provided under this section:
(a) a sibling who resided in the decedent medical assistance
recipient's home at least one year before the decedent's institutionalization
and continuously since the date of institutionalization; or
(b) a son or daughter or a grandchild who resided in the
decedent medical assistance recipient's home for at least two years immediately
before the parent's or grandparent's institutionalization and continuously
since the date of institutionalization, and who establishes by a preponderance
of the evidence having provided care to the parent or grandparent who received
medical assistance, that the care was provided before institutionalization, and
that the care permitted the parent or grandparent to reside at home rather than
in an institution.
[EFFECTIVE DATE.] This
section is effective August 1, 2003, and applies to decedents who die on
or after that date.
Sec. 52. Minnesota
Statutes 2002, section 256B.195, subdivision 4, is amended to read:
Subd. 4. [ADJUSTMENTS
PERMITTED.] (a) The commissioner may adjust the intergovernmental transfers
under subdivision 2 and the payments under subdivision 3, commissioner
may make adjustments under this subdivision only after consultation with the
counties and hospitals identified in subdivisions 2 and 3and payments and
transfers under subdivision 5, based on the commissioner's determination of
Medicare upper payment limits, hospital-specific charge limits, and
hospital-specific limitations on disproportionate share payments. Any adjustments must be made on a
proportional basis. If participation by
a particular hospital under this section is limited, the commissioner shall
adjust the payments that relate to that hospital under subdivisions 2, and
3, and 5 on a proportional basis in order to allow the hospital to
participate under this section to the fullest extent possible and shall
increase other payments under subdivisions 2, and 3, and 5
to the extent allowable to maintain the overall level of payments under this
section. The , and, if
subdivision 5 receives federal approval, with the hospital and educational
institution identified in subdivision 5.
(b) The ratio of medical assistance payments specified in
subdivision 3 to the intergovernmental transfers specified in subdivision 2
shall not be reduced except as provided under paragraph (a).
Sec. 53. Minnesota
Statutes 2002, section 256B.31, is amended to read:
256B.31 [CONTINUED HOSPITAL CARE FOR LONG-TERM POLIO PATIENT.]
A medical assistance recipient who has been a polio patient in
an acute care hospital for a period of not less than 25 consecutive years is
eligible to continue receiving hospital care, whether or not the care is
medically necessary for purposes of federal reimbursement. The cost of continued hospital care not
reimbursable by the federal government must be paid with state money allocated
for the medical assistance program. The
rate paid to the hospital is the rate per day established using Medicare
principles for the hospital's fiscal year ending December 31, 1981, adjusted
each year by the annual hospital cost index established under section 256.969,
subdivision 1, or by other limits in effect at the time of the adjustment average
inpatient routine rate per day for non-MFIP eligibles, excluding
rehabilitation and neonate admissions but including property, for
hospitals located outside of a metropolitan statistical area, as defined
by the United States Census Bureau.
This section does not prohibit a voluntary move to another living
arrangement by a recipient whose care is reimbursed under this section.
Sec. 54. Minnesota
Statutes 2002, section 256B.32, subdivision 1, is amended to read:
Subdivision 1.
[FACILITY FEE PAYMENT.] (a) The commissioner shall establish a facility
fee payment mechanism that will pay a facility fee to all enrolled outpatient
hospitals for each emergency room or outpatient clinic visit provided on or
after July 1, 1989. This payment
mechanism may not result in an overall increase in outpatient payment rates.
This section does not apply to federally mandated maximum payment limits,
department approved program packages, or services billed using a nonoutpatient
hospital provider number.
(b) For fee-for-service services provided on or after July 1,
2002, the total payment, before third-party liability and spenddown, made to
hospitals for outpatient hospital facility services is reduced by .5 percent
from the current statutory rates.
(c) In addition to the reduction in paragraph (b), the total
payment for fee-for-service services provided on or after July 1, 2003,
made to hospitals for outpatient hospital facility services before
third-party liability and spenddown, is reduced 2.5 percent from the
current statutory rates. Facilities
defined under section 256.969, subdivision 16, are excluded from this
paragraph.
Sec. 55. Minnesota
Statutes 2002, section 256B.69, subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.]
For the purposes of this section, the following terms have the meanings given.
(a) "Commissioner" means the commissioner of human
services. For the remainder of this section, the commissioner's
responsibilities for methods and policies for implementing the project will be
proposed by the project advisory committees and approved by the commissioner.
(b) "Demonstration provider" means a health
maintenance organization, community integrated service network, or accountable
provider network authorized and operating under chapter 62D, 62N, or 62T that
participates in the demonstration project according to criteria, standards,
methods, and other requirements established for the project and approved by the
commissioner. For purposes of this
section, a county board, or group of county boards operating
under a joint powers agreement, is considered a demonstration provider if the
county or group of county boards meets the requirements of section 256B.692.
Notwithstanding the above, Itasca county may continue to participate as a
demonstration provider until July 1, 2004.
(c) "Eligible individuals" means those persons
eligible for medical assistance benefits as defined in sections 256B.055,
256B.056, and 256B.06.
(d) "Limitation of choice" means suspending freedom
of choice while allowing eligible individuals to choose among the demonstration
providers.
(e) This paragraph supersedes paragraph (c) as long as the
Minnesota health care reform waiver remains in effect. When the waiver expires, this paragraph
expires and the commissioner of human services shall publish a notice in the
State Register and notify the revisor of statutes. "Eligible individuals" means those persons eligible for
medical assistance benefits as defined in sections 256B.055, 256B.056, and
256B.06. Notwithstanding sections 256B.055, 256B.056, and 256B.06, an
individual who becomes ineligible for the program because of failure to submit
income reports or recertification forms in a timely manner, shall remain
enrolled in the prepaid health plan and shall remain eligible to receive
medical assistance coverage through the last day of the month following the
month in which the enrollee became ineligible for the medical assistance
program.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 56. Minnesota
Statutes 2002, section 256B.69, subdivision 4, is amended to read:
Subd. 4. [LIMITATION OF
CHOICE.] (a) The commissioner shall develop criteria to determine when
limitation of choice may be implemented in the experimental counties. The criteria shall ensure that all eligible
individuals in the county have continuing access to the full range of medical
assistance services as specified in subdivision 6.
(b) The commissioner shall exempt the following persons from
participation in the project, in addition to those who do not meet the criteria
for limitation of choice:
(1) persons eligible for medical assistance according to
section 256B.055, subdivision 1;
(2) persons eligible for medical assistance due to blindness or
disability as determined by the social security administration or the state
medical review team, unless:
(i) they are 65 years of age or older; or
(ii) they reside in Itasca county or they reside in a county in
which the commissioner conducts a pilot project under a waiver granted pursuant
to section 1115 of the Social Security Act;
(3) recipients who currently have private coverage through a
health maintenance organization;
(4) recipients who are eligible for medical assistance by
spending down excess income for medical expenses other than the nursing
facility per diem expense;
(5) recipients who receive benefits under the Refugee
Assistance Program, established under United States Code, title 8, section
1522(e);
(6) children who are both determined to be severely emotionally
disturbed and receiving case management services according to section
256B.0625, subdivision 20;
(7) adults who are both determined to
be seriously and persistently mentally ill and received case management
services according to section 256B.0625, subdivision 20; and
(8) persons eligible for medical assistance according to
section 256B.057, subdivision 10; and
(9) persons with access to cost-effective employer-sponsored
private health insurance or persons enrolled in an individual health
plan determined to be cost-effective according to section 256B.0625,
subdivision 15.
Children under age 21 who
are in foster placement may enroll in the project on an elective basis. Individuals excluded under clauses (6) and
(7) may choose to enroll on an elective basis.
(c) The commissioner may allow persons with a one-month
spenddown who are otherwise eligible to enroll to voluntarily enroll or remain
enrolled, if they elect to prepay their monthly spenddown to the state.
(d) The commissioner may require those individuals to enroll in
the prepaid medical assistance program who otherwise would have been excluded
under paragraph (b), clauses (1), (3), and (8), and under Minnesota Rules, part
9500.1452, subpart 2, items H, K, and L.
(e) Before limitation of choice is implemented, eligible
individuals shall be notified and after notification, shall be allowed to
choose only among demonstration providers.
The commissioner may assign an individual with private coverage through
a health maintenance organization, to the same health maintenance organization
for medical assistance coverage, if the health maintenance organization is
under contract for medical assistance in the individual's county of
residence. After initially choosing a
provider, the recipient is allowed to change that choice only at specified
times as allowed by the commissioner.
If a demonstration provider ends participation in the project for any
reason, a recipient enrolled with that provider must select a new provider but
may change providers without cause once more within the first 60 days after
enrollment with the second provider.
Sec. 57. Minnesota
Statutes 2002, section 256B.69, subdivision 5a, is amended to read:
Subd. 5a. [MANAGED CARE
CONTRACTS.] (a) Managed care contracts under this section and sections 256L.12
and 256D.03, shall be entered into or renewed on a calendar year basis
beginning January 1, 1996. Managed care
contracts which were in effect on June 30, 1995, and set to renew on July 1,
1995, shall be renewed for the period July 1, 1995 through December 31, 1995 at
the same terms that were in effect on June 30, 1995.
(b) A prepaid health plan providing covered health services for
eligible persons pursuant to chapters 256B, 256D, and 256L, is responsible for
complying with the terms of its contract with the commissioner. Requirements applicable to managed care
programs under chapters 256B, 256D, and 256L, established after the effective
date of a contract with the commissioner take effect when the contract is next
issued or renewed.
(c) Effective for services rendered on or after January 1,
2003, the commissioner shall withhold five percent of managed care plan
payments under this section for the prepaid medical assistance and general
assistance medical care programs pending completion of performance
targets. Each performance target
must be quantifiable, objective, measurable, and reasonably attainable. Criteria for assessment of each performance
target must be outlined in writing prior to the contract effective date. The withheld funds must be returned no
sooner than July of the following year if performance targets in the contract
are achieved. The commissioner may
exclude special demonstration projects under subdivision 23. A managed care plan may include as admitted
assets under section 62D.044 any amount withheld under this paragraph that is
reasonably expected to be returned.
(d) The commissioner may exempt from paragraph (c) a
managed care plan that has entered into a managed care contract with
the commissioner in accordance with this section if the contract was the
initial contract between the managed care plan and the commissioner, and
it was entered into after January 1, 2000. This exemption shall apply for the first five years of operation
of the managed care plan.
[EFFECTIVE DATE.] This
section is effective for services rendered on or after July 1, 2003,
except that the amendment to paragraph (c) is effective for services rendered
on or after January 1, 2004.
Sec. 58. Minnesota
Statutes 2002, section 256B.69, subdivision 5c, is amended to read:
Subd. 5c. [MEDICAL
EDUCATION AND RESEARCH FUND.] (a) The commissioner of human services shall
transfer each year to the medical education and research fund established under
section 62J.692, the following:
(1) an amount equal to the reduction in the prepaid medical
assistance and prepaid general assistance medical care payments as specified in
this clause. Until January 1, 2002, the
county medical assistance and general assistance medical care capitation base
rate prior to plan specific adjustments and after the regional rate adjustments
under section 256B.69, subdivision 5b, is reduced 6.3 percent for Hennepin
county, two percent for the remaining metropolitan counties, and no reduction
for nonmetropolitan Minnesota counties; and after January 1, 2002, the county
medical assistance and general assistance medical care capitation base rate
prior to plan specific adjustments is reduced 6.3 percent for Hennepin county,
two percent for the remaining metropolitan counties, and 1.6 percent for
nonmetropolitan Minnesota counties.
Nursing facility and elderly waiver payments and demonstration project
payments operating under subdivision 23 are excluded from this reduction. The amount calculated under this clause
shall not be adjusted for periods already paid due to subsequent changes to the
capitation payments;
(2) beginning July 1, 2001, $2,537,000 2003,
$2,157,000 from the capitation rates paid under this section plus any
federal matching funds on this amount;
(3) beginning July 1, 2002, an additional $12,700,000 from the
capitation rates paid under this section; and
(4) beginning July 1, 2003, an additional $4,700,000 from the
capitation rates paid under this section.
(b) This subdivision shall be effective upon approval of a
federal waiver which allows federal financial participation in the medical
education and research fund.
(c) Effective July 1, 2003, the amount from general assistance
medical care under paragraph (a), clause (1), shall be transferred to
the general fund.
Sec. 59. Minnesota
Statutes 2002, section 256B.69, is amended by adding a subdivision to read:
Subd. 5h.
[PAYMENT REDUCTION.] In addition to the reduction in
subdivision 5g, the total payment made to managed care plans under the
medical assistance program is reduced 0.5 percent for services provided
on or after October 1, 2003, and an additional 0.5 percent for services
provided on or after January 1, 2004.
This provision excludes payments for nursing home services, home
and community-based waivers, and payments to demonstration projects for
persons with disabilities.
Sec. 60. Minnesota
Statutes 2002, section 256B.69, is amended by adding a subdivision to read:
Subd. 5i.
[ACTUARIAL SOUNDNESS.] All payments made to managed care plans
under the medical assistance program shall be actuarially sound pursuant
to Code of Federal Regulations, title 42, section 438.6. In establishing payment rates for managed
care plans under the medical assistance program, payment rates must
incorporate at least the following factors:
(1) individual health plan annual performance; (2) rate
relationships based on actual health plan experience; (3) geographic
payment relativities; and (4) rate cell payment relativities.
Sec. 61. Minnesota
Statutes 2002, section 256B.75, is amended to read:
256B.75 [HOSPITAL OUTPATIENT REIMBURSEMENT.]
(a) For outpatient hospital facility fee payments for services
rendered on or after October 1, 1992, the commissioner of human services shall
pay the lower of (1) submitted charge, or (2) 32 percent above the rate in
effect on June 30, 1992, except for those services for which there is a federal
maximum allowable payment. Effective
for services rendered on or after January 1, 2000, payment rates for
nonsurgical outpatient hospital facility fees and emergency room facility fees
shall be increased by eight percent over the rates in effect on December 31,
1999, except for those services for which there is a federal maximum allowable
payment. Services for which there is a
federal maximum allowable payment shall be paid at the lower of (1) submitted
charge, or (2) the federal maximum allowable payment. Total aggregate payment for outpatient hospital facility fee
services shall not exceed the Medicare upper limit. If it is determined that a provision of this section conflicts
with existing or future requirements of the United States government with
respect to federal financial participation in medical assistance, the federal
requirements prevail. The commissioner
may, in the aggregate, prospectively reduce payment rates to avoid reduced
federal financial participation resulting from rates that are in excess of the
Medicare upper limitations.
(b) Notwithstanding paragraph (a), payment for outpatient,
emergency, and ambulatory surgery hospital facility fee services for critical
access hospitals designated under section 144.1483, clause (11), shall be paid
on a cost-based payment system that is based on the cost-finding methods and
allowable costs of the Medicare program.
(c) Effective for services provided on or after July 1, 2003,
rates that are based on the Medicare outpatient prospective payment system
shall be replaced by a budget neutral prospective payment system that is
derived using medical assistance data.
The commissioner shall provide a proposal to the 2003 legislature to
define and implement this provision.
(d) For fee-for-service services provided on or after July 1,
2002, the total payment, before third-party liability and spenddown, made to
hospitals for outpatient hospital facility services is reduced by .5 percent
from the current statutory rate.
(e) In addition to the reduction in paragraph (d), the total
payment for fee-for-service services provided on or after July 1, 2003,
made to hospitals for outpatient hospital facility services before
third-party liability and spenddown, is reduced 2.5 percent from the
current statutory rates. Facilities
defined under section 256.969, subdivision 16, are excluded from this
paragraph.
Sec. 62. Minnesota
Statutes 2002, section 256B.76, is amended to read:
256B.76 [PHYSICIAN AND DENTAL REIMBURSEMENT.]
(a) Effective for services rendered on or after October 1,
1992, the commissioner shall make payments for physician services as follows:
(1) payment for level one Centers for Medicare and Medicaid
Services' common procedural coding system codes titled "office and other
outpatient services," "preventive medicine new and established
patient," "delivery, antepartum, and postpartum care,"
"critical care," cesarean delivery and pharmacologic management
provided to psychiatric patients, and level three codes for enhanced services
for prenatal high risk, shall be paid at the lower of (i) submitted charges, or
(ii) 25 percent above the rate in effect on June 30, 1992. If the rate on any procedure code within
these categories is different than the rate that would have been paid under the
methodology in section 256B.74, subdivision 2, then the larger rate shall be
paid;
(2) payments for all other services shall be paid at the
lower of (i) submitted charges, or (ii) 15.4 percent above the rate in effect
on June 30, 1992;
(3) all physician rates shall be converted from the 50th
percentile of 1982 to the 50th percentile of 1989, less the percent in
aggregate necessary to equal the above increases except that payment rates for
home health agency services shall be the rates in effect on September 30, 1992;
(4) effective for services rendered on or after January 1,
2000, payment rates for physician and professional services shall be increased
by three percent over the rates in effect on December 31, 1999, except for home
health agency and family planning agency services; and
(5) the increases in clause (4) shall be implemented January 1,
2000, for managed care.
(b) Effective for services rendered on or after October 1,
1992, the commissioner shall make payments for dental services as follows:
(1) dental services shall be paid at the lower of (i) submitted
charges, or (ii) 25 percent above the rate in effect on June 30, 1992;
(2) dental rates shall be converted from the 50th percentile of
1982 to the 50th percentile of 1989, less the percent in aggregate necessary to
equal the above increases;
(3) effective for services rendered on or after January 1,
2000, payment rates for dental services shall be increased by three percent
over the rates in effect on December 31, 1999;
(4) the commissioner shall award grants to community clinics or
other nonprofit community organizations, political subdivisions, professional
associations, or other organizations that demonstrate the ability to provide
dental services effectively to public program recipients. Grants may be used to fund the costs related
to coordinating access for recipients, developing and implementing patient care
criteria, upgrading or establishing new facilities, acquiring furnishings or
equipment, recruiting new providers, or other development costs that will
improve access to dental care in a region.
In awarding grants, the commissioner shall give priority to applicants
that plan to serve areas of the state in which the number of dental providers
is not currently sufficient to meet the needs of recipients of public programs
or uninsured individuals. The
commissioner shall consider the following in awarding the grants:
(i) potential to successfully increase access to an underserved
population;
(ii) the ability to raise matching funds;
(iii) the long-term viability of the project to improve access
beyond the period of initial funding;
(iv) the efficiency in the use of the funding; and
(v) the experience of the proposers in providing services to
the target population.
The commissioner shall monitor the grants and may terminate a
grant if the grantee does not increase dental access for public program
recipients. The commissioner shall
consider grants for the following:
(i) implementation of new programs or continued expansion of
current access programs that have demonstrated success in providing dental
services in underserved areas;
(ii) a pilot program for utilizing hygienists outside of a
traditional dental office to provide dental hygiene services; and
(iii) a program that organizes a network of volunteer dentists,
establishes a system to refer eligible individuals to volunteer dentists, and
through that network provides donated dental care services to public program
recipients or uninsured individuals;
(5) beginning October 1, 1999, the payment for tooth sealants
and fluoride treatments shall be the lower of (i) submitted charge, or (ii) 80
percent of median 1997 charges;
(6) the increases listed in clauses (3) and (5) shall be
implemented January 1, 2000, for managed care; and
(7) effective for services provided on or after January 1,
2002, payment for diagnostic examinations and dental x-rays provided to
children under age 21 shall be the lower of (i) the submitted charge, or (ii)
85 percent of median 1999 charges.
(c) Effective for dental services rendered on or after January
1, 2002, the commissioner may, within the limits of available appropriation,
increase reimbursements to dentists and dental clinics deemed by the
commissioner to be critical access dental providers. Reimbursement to a critical access dental provider may be
increased by not more than 50 percent above the reimbursement rate that would
otherwise be paid to the provider.
Payments to health plan companies shall be adjusted to reflect increased
reimbursements to critical access dental providers as approved by the
commissioner. In determining which
dentists and dental clinics shall be deemed critical access dental providers,
the commissioner shall review:
(1) the utilization rate in the service area in which the
dentist or dental clinic operates for dental services to patients covered by
medical assistance, general assistance medical care, or MinnesotaCare as their
primary source of coverage;
(2) the level of services provided by the dentist or dental
clinic to patients covered by medical assistance, general assistance medical
care, or MinnesotaCare as their primary source of coverage; and
(3) whether the level of services provided by the dentist or
dental clinic is critical to maintaining adequate levels of patient access
within the service area.
In the absence of a critical
access dental provider in a service area, the commissioner may designate a
dentist or dental clinic as a critical access dental provider if the dentist or
dental clinic is willing to provide care to patients covered by medical
assistance, general assistance medical care, or MinnesotaCare at a level which
significantly increases access to dental care in the service area.
(d) Effective July 1, 2001, the medical assistance rates for
outpatient mental health services provided by an entity that operates:
(1) a Medicare-certified comprehensive outpatient
rehabilitation facility; and
(2) a facility that was certified prior to January 1, 1993,
with at least 33 percent of the clients receiving rehabilitation services in
the most recent calendar year who are medical assistance recipients, will be
increased by 38 percent, when those services are provided within the
comprehensive outpatient rehabilitation facility and provided to residents of
nursing facilities owned by the entity.
(e) An entity that operates both a Medicare certified
comprehensive outpatient rehabilitation facility and a facility which was
certified prior to January 1, 1993, that is licensed under Minnesota Rules,
parts 9570.2000 to 9570.3600, and for whom at least 33 percent of the clients
receiving rehabilitation services in the most recent calendar year are medical
assistance recipients, shall be reimbursed by the commissioner for
rehabilitation services at rates that are 38 percent greater than the maximum
reimbursement rate allowed under paragraph (a), clause (2), when those services
are (1) provided within the comprehensive outpatient rehabilitation facility
and (2) provided to residents of nursing facilities owned by the entity.
(f) Effective for services rendered on or after January 1,
2007, the commissioner shall make payments for physician and professional
services based on the Medicare relative value units (RVUs). This change shall be budget neutral and the
cost of implementing RVUs will be incorporated in the established conversion
factor.
Sec. 63. Minnesota
Statutes 2002, section 256D.03, subdivision 3, is amended to read:
Subd. 3. [GENERAL
ASSISTANCE MEDICAL CARE; ELIGIBILITY.] (a) General assistance medical care may
be paid for any person who is not eligible for medical assistance under chapter
256B, including eligibility for medical assistance based on a spenddown of
excess income according to section 256B.056, subdivision 5, or MinnesotaCare as
defined in paragraph (b), except as provided in paragraph (c);,
and:
(1) who is receiving assistance under section 256D.05,
except for families with children who are eligible under Minnesota family
investment program (MFIP), who is having a payment made on the person's behalf
under sections 256I.01 to 256I.06, or who resides in group residential housing
as defined in chapter 256I and can meet a spenddown using the cost of remedial
services received through group residential housing; or
(2)(i) who is a resident of Minnesota; and whose equity
in assets is not in excess of $1,000 per assistance unit. Exempt assets, the reduction of excess
assets, and the waiver of excess assets must conform to the medical assistance
program in chapter 256B, with the following exception: the maximum amount of undistributed funds in
a trust that could be distributed to or on behalf of the beneficiary by the
trustee, assuming the full exercise of the trustee's discretion under the terms
of the trust, must be applied toward the asset maximum the limits in
section 256L.17, subdivision 2; and
(ii) (2) who has gross countable income
not in excess of the assistance standards established in section 256B.056,
subdivision 5c, paragraph (b), or whose excess income is spent down to that
standard using a six-month budget period.
The method for calculating earned income disregards and deductions for a
person who resides with a dependent child under age 21 shall follow the AFDC
income disregard and deductions in effect under the July 16, 1996, AFDC state
plan. The earned income and work
expense deductions for a person who does not reside with a dependent child
under age 21 shall be the same as the method used to determine eligibility for
a person under section 256D.06, subdivision 1, except the disregard of the
first $50 of earned income is not allowed;
(3) who would be eligible for medical assistance except that
the person resides in a facility that is determined by the commissioner or the
federal Centers for Medicare and Medicaid Services to be an institution for
mental diseases; or
(4) who is ineligible for medical assistance under chapter
256B or general assistance medical care under any other provision of this
section, and is receiving care and rehabilitation services from a nonprofit
center established to serve victims of torture. These individuals are eligible for general assistance medical
care only for the period during which they are receiving services from the
center. During this period of
eligibility, individuals eligible under this clause shall not be required to
participate in prepaid general assistance medical care 75 percent of the
federal poverty guidelines for the family size in effect on October 1,
2003.
(b) Beginning January 1, 2000, applicants or recipients who
meet all eligibility requirements of MinnesotaCare as defined in sections
256L.01 to 256L.16, and are:
(i) adults with dependent children
under 21 whose gross family income is equal to or less than 275 percent of the
federal poverty guidelines; or
(ii) adults without children with earned income and whose
family gross income is between equal to or less than 75 percent
of the federal poverty guidelines and the amount set by section 256L.04,
subdivision 7 in effect on October 1, 2003, shall be terminated from
general assistance medical care upon enrollment in MinnesotaCare. Earned income is deemed available to family
members as defined in section 256D.02, subdivision 8.
(c) For services rendered on or after July 1, 1997,
eligibility is limited to one month prior to application if the person is
determined eligible in the prior month applications received on
or after October 1, 2003, eligibility may begin no earlier than the date
of application. A redetermination
of eligibility must occur every 12 months.
Beginning January 1, 2000, Minnesota health care program applications
completed by recipients and applicants who are persons described in paragraph
(b), may be returned to the county agency to be forwarded to the department of
human services or sent directly to the department of human services for
enrollment in MinnesotaCare. If all
other eligibility requirements of this subdivision are met, eligibility for
general assistance medical care shall be available in any month during which a
MinnesotaCare eligibility determination and enrollment are pending. Upon notification of eligibility for
MinnesotaCare, notice of termination for eligibility for general assistance
medical care shall be sent to an applicant or recipient. If all other eligibility requirements of
this subdivision are met, eligibility for general assistance medical care shall
be available until enrollment in MinnesotaCare subject to the provisions of
paragraph (e).
(d) The date of an initial Minnesota health care program application
necessary to begin a determination of eligibility shall be the date the
applicant has provided a name, address, and social security number, signed and
dated, to the county agency or the department of human services. If the applicant is unable to provide an
initial application when health care is delivered due to a medical condition or
disability, a health care provider may act on the person's behalf to complete
the initial application. The applicant
must complete the remainder of the application and provide necessary
verification before eligibility can be determined. The county agency must assist the applicant in obtaining
verification if necessary. On the
basis of information provided on the completed application, an applicant who
meets the following criteria shall be determined eligible beginning in the
month of application:
(1) has gross income less than 90 percent of the applicable
income standard;
(2) has liquid assets that total within $300 of the asset
standard;
(3) does not reside in a long-term care facility; and
(4) meets all other eligibility requirements.
The applicant must provide
all required verifications within 30 days' notice of the eligibility
determination or eligibility shall be terminated.
(e) County agencies are authorized to use all automated
databases containing information regarding recipients' or applicants' income in
order to determine eligibility for general assistance medical care or
MinnesotaCare. Such use shall be
considered sufficient in order to determine eligibility and premium payments by
the county agency.
(f) General assistance medical care is not available for a
person in a correctional facility unless the person is detained by law for less
than one year in a county correctional or detention facility as a person
accused or convicted of a crime, or admitted as an inpatient to a hospital on a
criminal hold order, and the person is a recipient of general assistance
medical care at the time the person is detained by law or admitted on a criminal
hold order and as long as the person continues to meet other eligibility
requirements of this subdivision.
(g) General assistance medical care is
not available for applicants or recipients who do not cooperate with the county
agency to meet the requirements of medical assistance. General assistance medical care is
limited to payment of emergency services only for applicants or recipients as
described in paragraph (b), whose MinnesotaCare coverage is denied or
terminated for nonpayment of premiums as required by sections 256L.06
and 256L.07.
(h) In determining the amount of assets of an individual, there
shall be included any asset or interest in an asset, including an asset
excluded under paragraph (a), that was given away, sold, or disposed of for less
than fair market value within the 60 months preceding application for general
assistance medical care or during the period of eligibility. Any transfer
described in this paragraph shall be presumed to have been for the purpose of
establishing eligibility for general assistance medical care, unless the
individual furnishes convincing evidence to establish that the transaction was
exclusively for another purpose. For
purposes of this paragraph, the value of the asset or interest shall be the
fair market value at the time it was given away, sold, or disposed of, less the
amount of compensation received. For
any uncompensated transfer, the number of months of ineligibility, including
partial months, shall be calculated by dividing the uncompensated transfer
amount by the average monthly per person payment made by the medical assistance
program to skilled nursing facilities for the previous calendar year. The individual shall remain ineligible until
this fixed period has expired. The
period of ineligibility may exceed 30 months, and a reapplication for benefits
after 30 months from the date of the transfer shall not result in eligibility
unless and until the period of ineligibility has expired. The period of ineligibility begins in the
month the transfer was reported to the county agency, or if the transfer was
not reported, the month in which the county agency discovered the transfer,
whichever comes first. For applicants,
the period of ineligibility begins on the date of the first approved
application.
(i) When determining eligibility for any state benefits under
this subdivision, the income and resources of all noncitizens shall be deemed
to include their sponsor's income and resources as defined in the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, title IV,
Public Law Number 104-193, sections 421 and 422, and subsequently set out in
federal rules.
(j)(1) An Undocumented noncitizen or a nonimmigrant
is noncitizens and nonimmigrants are ineligible for general
assistance medical care other than emergency services, except for
an individual eligible under paragraph (a), clause (4). For purposes of this subdivision, a
nonimmigrant is an individual in one or more of the classes listed in United
States Code, title 8, section 1101(a)(15), and an undocumented noncitizen is an
individual who resides in the United States without the approval or
acquiescence of the Immigration and Naturalization Service.
(2) This paragraph does not apply to a child under age 18,
to a Cuban or Haitian entrant as defined in Public Law Number 96-422, section
501(e)(1) or (2)(a), or to a noncitizen who is aged, blind, or disabled as
defined in Code of Federal Regulations, title 42, sections 435.520, 435.530,
435.531, 435.540, and 435.541, or effective October 1, 1998, to an individual
eligible for general assistance medical care under paragraph (a), clause (4),
who cooperates with the Immigration and Naturalization Service to pursue any
applicable immigration status, including citizenship, that would qualify the
individual for medical assistance with federal financial participation.
(k) For purposes of paragraphs (g) and (j), "emergency
services" has the meaning given in Code of Federal Regulations, title 42,
section 440.255(b)(1), except that it also means services rendered because of
suspected or actual pesticide poisoning.
(l) Notwithstanding any other provision of law, a noncitizen
who is ineligible for medical assistance due to the deeming of a sponsor's
income and resources, is ineligible for general assistance medical care.
(m) Effective July 1, 2003, general assistance medical care
emergency services end. Effective
October 1, 2004, the general assistance medical care program ends. Persons enrolled in general
assistance medical care as of September 30, 2004, will be converted to
MinnesotaCare if they meet all the requirements of chapter 256L.
[EFFECTIVE
DATE.] (a) The amendments to paragraphs (a), clauses (1) to (4),
and (b) and (c), are effective October 1, 2003.
(b) The amendments to paragraphs (d), (j), (g), and (k),
are effective July 1, 2003.
Sec. 64. Minnesota
Statutes 2002, section 256D.03, subdivision 4, is amended to read:
Subd. 4. [GENERAL
ASSISTANCE MEDICAL CARE; SERVICES.] (a) For a person who is eligible under
subdivision 3, paragraph (a), clause (3), general assistance medical care
covers, except as provided in paragraph (c):
(1) inpatient hospital services;
(2) outpatient hospital services;
(3) services provided by Medicare certified rehabilitation
agencies;
(4) prescription drugs and other products recommended through
the process established in section 256B.0625, subdivision 13;
(5) equipment necessary to administer insulin and diagnostic
supplies and equipment for diabetics to monitor blood sugar level;
(6) eyeglasses and eye examinations provided by a physician or
optometrist;
(7) hearing aids;
(8) prosthetic devices;
(9) laboratory and X-ray services;
(10) physician's services;
(11) medical transportation;
(12) chiropractic services as covered under the medical
assistance program;
(13) podiatric services;
(14) dental services and dentures, subject to the limitations
specified in section 256B.0625, subdivision 9, except that a 25 percent
coinsurance requirement applies to basic restorative dental services;
(15) outpatient services provided by a mental health center or
clinic that is under contract with the county board and is established under
section 245.62;
(16) day treatment services for mental illness provided under
contract with the county board;
(17) prescribed medications for persons who have been diagnosed
as mentally ill as necessary to prevent more restrictive institutionalization;
(18) psychological services, medical supplies and equipment,
and Medicare premiums, coinsurance and deductible payments;
(19) medical equipment not
specifically listed in this paragraph when the use of the equipment will
prevent the need for costlier services that are reimbursable under this
subdivision;
(20) services performed by a certified pediatric nurse
practitioner, a certified family nurse practitioner, a certified adult nurse
practitioner, a certified obstetric/gynecological nurse practitioner, a
certified neonatal nurse practitioner, or a certified geriatric nurse practitioner
in independent practice, if (1) the service is otherwise covered under this
chapter as a physician service, (2) the service provided on an inpatient basis
is not included as part of the cost for inpatient services included in the
operating payment rate, and (3) the service is within the scope of practice of
the nurse practitioner's license as a registered nurse, as defined in section
148.171;
(21) services of a certified public health nurse or a
registered nurse practicing in a public health nursing clinic that is a
department of, or that operates under the direct authority of, a unit of
government, if the service is within the scope of practice of the public health
nurse's license as a registered nurse, as defined in section 148.171; and
(22) telemedicine consultations, to the extent they are covered
under section 256B.0625, subdivision 3b.
(b) Except as provided in paragraph (c), for a recipient who is
eligible under subdivision 3, paragraph (a), clause (1) or (2), general
assistance medical care covers the services listed in paragraph (a) with the
exception of special transportation services.
(c) Gender reassignment surgery and related services are not
covered services under this subdivision unless the individual began receiving
gender reassignment services prior to July 1, 1995.
(d) In order to contain costs, the commissioner of human
services shall select vendors of medical care who can provide the most
economical care consistent with high medical standards and shall where possible
contract with organizations on a prepaid capitation basis to provide these
services. The commissioner shall
consider proposals by counties and vendors for prepaid health plans,
competitive bidding programs, block grants, or other vendor payment mechanisms
designed to provide services in an economical manner or to control utilization,
with safeguards to ensure that necessary services are provided. Before
implementing prepaid programs in counties with a county operated or affiliated
public teaching hospital or a hospital or clinic operated by the University of
Minnesota, the commissioner shall consider the risks the prepaid program
creates for the hospital and allow the county or hospital the opportunity to
participate in the program in a manner that reflects the risk of adverse
selection and the nature of the patients served by the hospital, provided the
terms of participation in the program are competitive with the terms of other
participants considering the nature of the population served. Payment for services provided pursuant to
this subdivision shall be as provided to medical assistance vendors of these
services under sections 256B.02, subdivision 8, and 256B.0625. For payments made during fiscal year 1990
and later years, the commissioner shall consult with an independent actuary in
establishing prepayment rates, but shall retain final control over the rate
methodology. Notwithstanding the provisions of subdivision 3, an individual
who becomes ineligible for general assistance medical care because of failure
to submit income reports or recertification forms in a timely manner, shall
remain enrolled in the prepaid health plan and shall remain eligible for
general assistance medical care coverage through the last day of the month in
which the enrollee became ineligible for general assistance medical care.
(e) There shall be no copayment required of any recipient of
benefits for any services provided under this subdivision. A hospital
receiving a reduced payment as a result of this section may apply the unpaid
balance toward satisfaction of the hospital's bad debts.
(f) Any county may, from its own resources, provide medical
payments for which state payments are not made.
(g) Chemical dependency services that are reimbursed under
chapter 254B must not be reimbursed under general assistance medical care.
(h) The maximum payment for new vendors enrolled in the
general assistance medical care program after the base year shall be determined
from the average usual and customary charge of the same vendor type enrolled in
the base year.
(i) The conditions of payment for services under this
subdivision are the same as the conditions specified in rules adopted under
chapter 256B governing the medical assistance program, unless otherwise
provided by statute or rule.
Sec. 65. [256D.031]
[GAMC CO-PAYMENTS AND COINSURANCE.]
Subdivision 1.
[CO-PAYMENTS AND COINSURANCE.] (a) Except as provided in
subdivision 2, the general assistance medical care benefit plan under
section 256D.03, subdivision 3, shall include the following co-payments
for all recipients effective for services provided on or after October
1, 2003:
(1) $3 per nonpreventive visit. For purposes of this subdivision, a visit means an episode
of service which is required because of a recipient's symptoms,
diagnosis, or established illness, and which is delivered in an
ambulatory setting by a physician or physician ancillary, chiropractor,
podiatrist, nurse midwife, mental health professional, advanced practice
nurse, physical therapist, occupational therapist, speech therapist,
audiologist, optician, or optometrist;
(2) $25 for eyeglasses;
(3) $25 for nonemergency visits to a hospital-based emergency
room; and
(4) $3 per brand-name drug prescription and $1 per generic
drug prescription, subject to a $20 per month maximum for prescription
drug co-payments.
(b) Recipients of general assistance medical care are responsible
for all co-payments in this subdivision.
Subd. 2.
[EXCEPTIONS.] Co-payments shall be subject to the following
exceptions:
(1) children under the age of 21;
(2) pregnant women for services that relate to the pregnancy
or any other medical condition that may complicate the pregnancy;
(3) recipients expected to reside for at least 30 days in a
hospital, nursing home, or intermediate care facility for the mentally
retarded;
(4) recipients receiving hospice care;
(5) 100 percent federally funded services provided by an
Indian health service;
(6) emergency services;
(7) family planning services;
(8) services that are paid by Medicare, resulting in the
general assistance medical care program paying for the coinsurance
and deductible; and
(9) co-payments that exceed one per day per provider for
nonpreventive office visits, eyeglasses, and nonemergency visits to a
hospital-based emergency room.
Subd. 3.
[COLLECTION.] The general assistance medical care reimbursement
to the provider shall be reduced by the amount of the co-payment, except
that reimbursement for prescription drugs shall not be reduced once a
recipient has reached the $20 per month maximum for prescription drug
co-payments. The provider collects
the co-payment from the recipient.
Providers may not deny services to recipients who are unable to
pay the co-payment, except as provided in subdivision 4.
Subd. 4.
[UNCOLLECTED DEBT.] If it is the routine business practice of
a provider to refuse service to an individual with uncollected debt, the
provider may include uncollected co-payments under this section. A provider must give advance notice
to a recipient with uncollected debt before services can be denied.
Sec. 66. Minnesota
Statutes 2002, section 256G.05, subdivision 2, is amended to read:
Subd. 2. [NON-MINNESOTA
RESIDENTS.] State residence is not required for receiving emergency assistance
in the Minnesota supplemental aid program.
The receipt of emergency assistance must not be used as a factor in
determining county or state residence. Non-Minnesota
residents are not eligible for emergency general assistance medical care,
except emergency hospital services, and professional services incident to the
hospital services, for the treatment of acute trauma resulting from an accident
occurring in Minnesota. To be eligible
under this subdivision a non-Minnesota resident must verify that they are not
eligible for coverage under any other health care program, including coverage
from a program in their state of residence.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 67. Minnesota
Statutes 2002, section 256L.02, is amended by adding a subdivision to read:
Subd. 3a.
[FUNDING SOURCE.] Beginning July 1, 2005, all MinnesotaCare
obligations shall be funded out of the general fund.
Sec. 68. Minnesota
Statutes 2002, section 256L.03, subdivision 1, is amended to read:
Subdivision 1. [COVERED
HEALTH SERVICES.] "Covered health services" means the health services
reimbursed under chapter 256B, with the exception of inpatient hospital
services, special education services, private duty nursing services, adult
dental care services other than preventive services services covered
under section 256B.0625, subdivision 9, paragraph (b), orthodontic
services, nonemergency medical transportation services, personal care assistant
and case management services, nursing home or intermediate care facilities
services, inpatient mental health services, and chemical dependency
services. Effective July 1, 1998,
adult dental care for nonpreventive services with the exception of orthodontic
services is available to persons who qualify under section 256L.04,
subdivisions 1 to 7, with family gross income equal to or less than 175 percent
of the federal poverty guidelines. Outpatient mental health services
covered under the MinnesotaCare program are limited to diagnostic assessments,
psychological testing, explanation of findings, medication management by a
physician, day treatment, partial hospitalization, and individual, family, and
group psychotherapy.
No public funds shall be used for coverage of abortion under
MinnesotaCare except where the life of the female would be endangered or
substantial and irreversible impairment of a major bodily function would result
if the fetus were carried to term; or where the pregnancy is the result of rape
or incest.
Covered health services shall be expanded as provided in this
section.
Sec. 69. Minnesota
Statutes 2002, section 256L.03, subdivision 3, is amended to read:
Subd. 3. [INPATIENT
HOSPITAL SERVICES.] (a) Covered health services shall include inpatient
hospital services, including inpatient hospital mental health services and
inpatient hospital and residential chemical dependency treatment, subject to
those limitations necessary to coordinate the provision of these services with eligibility under the medical
assistance spenddown. Prior to July 1,
1997, the inpatient hospital benefit for adult enrollees is subject to an
annual benefit limit of $10,000. The
inpatient hospital benefit for adult enrollees who qualify under section
256L.04, subdivision 7, or who qualify under section 256L.04, subdivisions 1
and 2, with family gross income that exceeds 175 percent of the federal poverty
guidelines and who are not pregnant, is subject to an annual limit of
$10,000. For services provided on or
after October 1, 2004, the annual limit of $10,000 does not apply to
adults who qualify under section 256L.04, subdivision 7, whose gross
income is at or below 75 percent of the federal poverty guidelines.
(b) Admissions for inpatient hospital services paid for under
section 256L.11, subdivision 3, must be certified as medically necessary in
accordance with Minnesota Rules, parts 9505.0500 to 9505.0540, except as
provided in clauses (1) and (2):
(1) all admissions must be certified, except those authorized
under rules established under section 254A.03, subdivision 3, or approved under
Medicare; and
(2) payment under section 256L.11, subdivision 3, shall be
reduced by five percent for admissions for which certification is requested
more than 30 days after the day of admission.
The hospital may not seek payment from the enrollee for the amount of
the payment reduction under this clause.
Sec. 70. Minnesota
Statutes 2002, section 256L.03, subdivision 5, is amended to read:
Subd. 5. [COPAYMENTS
AND COINSURANCE.] (a) Except as provided in paragraphs (b) and (c), the
MinnesotaCare benefit plan shall include the following copayments and
coinsurance requirements for all enrollees effective for services provided
on or after October 1, 2003:
(1) ten percent of the paid charges for inpatient hospital
services for adult enrollees, subject to an annual inpatient out-of-pocket
maximum of $1,000 per individual and $3,000 per family;
(2) $3 per prescription for adult enrollees nonpreventive
visit. For purposes of this
subdivision, a visit means an episode of service which is required
because of a recipient's symptoms, diagnosis, or established illness,
and which is delivered in an ambulatory setting by a physician or
physician ancillary, chiropractor, podiatrist, nurse, midwife, mental
health professional, advanced practice nurse, physical therapist,
occupational therapist, speech therapist, audiologist, optician, or
optometrist;
(3) $25 for eyeglasses for adult enrollees;
(4) $6 for nonemergency visits to a hospital-based emergency
room, except that a $25 co-payment applies to parents with incomes
exceeding 100 percent of the federal poverty guidelines for nonemergency
visits to a hospital-based emergency room; and
(4) 50 percent of the fee-for-service rate for adult dental
care services other than preventive care services for persons eligible under
section 256L.04, subdivisions 1 to 7, with income equal to or less than 175
percent of the federal poverty guidelines (5) $3 per prescription,
subject to a $20 per month maximum for prescription drug co-payments;
and
(6) basic restorative dental services for adults age 21 and
over who are not pregnant are subject to a 25 percent coinsurance
requirement.
(b) Paragraph (a), clause (1), does not apply to parents and
relative caretakers of children under the age of 21 in households with family
income equal to or less than 175 percent of the federal poverty
guidelines. Paragraph (a), clause (1),
does not apply to parents and relative caretakers of children under the age of
21 in households with family income greater than 175
percent of the federal poverty guidelines for inpatient hospital admissions
occurring on or after January 1, 2001. Effective
for services provided on or after October 1, 2004, paragraph (a), clause
(1), does not apply to single adults and households without children
whose gross income is at or below 75 percent of the federal poverty
guidelines.
(c) Paragraph (a), clauses (1) to (4) (6), do not
apply to pregnant women and children under the age of 21.:
(1) children under the age of 21;
(2) pregnant women for services that relate to the pregnancy
or any other medical condition that may complicate the pregnancy;
(3) enrollees expected to reside for at least 30 days in a
hospital, nursing home, or intermediate care facility for the mentally
retarded;
(4) enrollees receiving hospice care;
(5) 100 percent federally funded services provided by an
Indian Health Service;
(6) emergency services;
(7) family planning services; and
(8) co-payments that exceed one per day per provider for
nonpreventive office visits, eyeglasses, and nonemergency visits to a
hospital emergency room.
(d) Adult enrollees with family gross income that exceeds 175
percent of the federal poverty guidelines and who are not pregnant shall be
financially responsible for the coinsurance amount, if applicable, and amounts
which exceed the $10,000 inpatient hospital benefit limit.
(e) When a MinnesotaCare enrollee becomes a member of a prepaid
health plan, or changes from one prepaid health plan to another during a
calendar year, any charges submitted towards the $10,000 annual inpatient
benefit limit, and any out-of-pocket expenses incurred by the enrollee for
inpatient services, that were submitted or incurred prior to enrollment, or
prior to the change in health plans, shall be disregarded.
(f) Enrollees are responsible for all co-payments and coinsurance
in this subdivision.
(g) The MinnesotaCare reimbursement to the provider shall
be reduced by the amount of the co-payment, except that reimbursement
for prescription drugs shall not be reduced once a recipient has reached
the $20 per month maximum for prescription drug co-payments. The provider collects the co-payment from
the enrollee and may not deny services to enrollees who are unable to
pay the co-payment, except as provided in paragraph (h).
(h) If it is the routine business practice of a provider to
refuse service to an individual with uncollected debt, the provider
may include uncollected co-payments under this section. A provider must give advance notice to a
recipient with uncollected debt before services can be denied.
Sec. 71. Minnesota
Statutes 2002, section 256L.04, subdivision 1, is amended to read:
Subdivision 1.
[FAMILIES WITH CHILDREN.] (a) Families with children with family income
equal to or less than 275 percent of the federal poverty guidelines for the
applicable family size shall be eligible for MinnesotaCare according to this
section. All other provisions of sections 256L.01 to 256L.18, including the
insurance-related barriers to enrollment under section 256L.07, shall apply
unless otherwise specified.
(b) Parents who enroll in the MinnesotaCare program must
also enroll their children and dependent siblings, if the children and
their dependent siblings are eligible.
Children and dependent siblings may be enrolled separately
without enrollment by parents. However,
if one parent in the household enrolls, both parents must enroll, unless other
insurance is available. If one child
from a family is enrolled, all children must be enrolled, unless other
insurance is available. If one spouse
in a household enrolls, the other spouse in the household must also enroll,
unless other insurance is available.
Families cannot choose to enroll only certain uninsured members.
(c) Beginning February 1, 2004, the dependent sibling definition
no longer applies to the MinnesotaCare program. These persons are no
longer counted in the parental household and may apply as a separate
household.
(d) Beginning July 1, 2003, parents are not eligible for
MinnesotaCare if their gross income exceeds $50,000.
[EFFECTIVE DATE.] This
section is effective February 1, 2004, unless the statutory language
specifies a different effective date.
Sec. 72. Minnesota
Statutes 2002, section 256L.05, subdivision 1, is amended to read:
Subdivision 1.
[APPLICATION AND INFORMATION AVAILABILITY.] Applications and other
information must be made available to provider offices, local human services
agencies, school districts, public and private elementary schools in which 25
percent or more of the students receive free or reduced price lunches,
community health offices, and Women, Infants and Children (WIC) program
sites. These sites may accept
applications and forward the forms to the commissioner. Otherwise, applicants
may apply directly to the commissioner. Beginning January 1, 2000,
MinnesotaCare enrollment sites will be expanded to include local county human
services agencies which choose to participate.
Beginning October 1, 2004, all local county human service
agencies must accept and process applications and renewals for single
adults and households without children with income at or below 75
percent of the federal poverty guidelines who choose to have the county
administer their case.
Sec. 73. Minnesota
Statutes 2002, section 256L.05, subdivision 3, is amended to read:
Subd. 3. [EFFECTIVE
DATE OF COVERAGE.] (a) The effective date of coverage is the first day of the
month following the month in which eligibility is approved and the first
premium payment has been received. As
provided in section 256B.057, coverage for newborns is automatic from the date
of birth and must be coordinated with other health coverage. The effective date of coverage for eligible
newly adoptive children added to a family receiving covered health services is
the date of entry into the family. The
effective date of coverage for other new recipients added to the family
receiving covered health services is the first day of the month following the
month in which eligibility is approved or at renewal, whichever the family
receiving covered health services prefers.
All eligibility criteria must be met by the family at the time the new
family member is added. The income of
the new family member is included with the family's gross income and the
adjusted premium begins in the month the new family member is added.
(b) The initial premium must be received by the last working
day of the month for coverage to begin the first day of the following month.
(c) Benefits are not available until the day following
discharge if an enrollee is hospitalized on the first day of coverage.
(d) Notwithstanding any other law to the contrary, benefits
under sections 256L.01 to 256L.18 are secondary to a plan of insurance or
benefit program under which an eligible person may have coverage and the
commissioner shall use cost avoidance techniques to ensure coordination of any
other health coverage for eligible persons.
The commissioner shall identify eligible persons who may have coverage
or benefits under other plans of insurance or who become eligible for medical
assistance.
(e) Notwithstanding paragraphs (a)
and (b), effective October 1, 2004, coverage begins for single adults
and households without children with gross family income at or below
75 percent of the federal poverty guidelines the first day of the
month following approval.
(f) Effective October 1, 2004, the date of an initial application
necessary to begin a determination of eligibility for single adults and
households without children with gross family income at or below 75
percent of the federal poverty guidelines shall be the date the
applicant has provided a name, address, and social security number,
signed and dated, to the county agency or the department of human
services. If the applicant is
unable to provide an initial application when health care is delivered
due to a medical condition or disability, a health care provider may act
on the person's behalf to complete the initial application. The applicant must complete the
remainder of the application and provide necessary verification before
eligibility can be determined. The
county agency must assist the applicant in obtaining verification if
necessary.
Sec. 74. Minnesota
Statutes 2002, section 256L.05, subdivision 3a, is amended to read:
Subd. 3a. [RENEWAL OF
ELIGIBILITY.] (a) Beginning January 1, 1999, an enrollee's eligibility
must be renewed every 12 months. The
12-month period begins in the month after the month the application is
approved.
(b) Beginning October 1, 2004, an enrollee's eligibility
must be renewed every six months.
The first six-month period of eligibility begins in the month
after the month the application is approved. Each new period of eligibility must take into account any
changes in circumstances that impact eligibility and premium
amount. An enrollee must provide all
the information needed to redetermine eligibility by the first day of
the month that ends the eligibility period. The premium for the new period of eligibility must be
received as provided in section 256L.06 in order for eligibility to
continue.
Sec. 75. Minnesota
Statutes 2002, section 256L.05, subdivision 3c, is amended to read:
Subd. 3c. [RETROACTIVE
COVERAGE.] Notwithstanding subdivision 3, the effective date of coverage shall
be the first day of the month following termination from medical assistance or
general assistance medical care for families and individuals who are
eligible for MinnesotaCare and who submitted a written request for retroactive
MinnesotaCare coverage with a completed application within 30 days of the
mailing of notification of termination from medical assistance or general
assistance medical care. The
applicant must provide all required verifications within 30 days of the written
request for verification. For
retroactive coverage, premiums must be paid in full for any retroactive month,
current month, and next month within 30 days of the premium billing.
[EFFECTIVE DATE.] This
section is effective November 1, 2004.
Sec. 76. Minnesota
Statutes 2002, section 256L.05, subdivision 4, is amended to read:
Subd. 4. [APPLICATION
PROCESSING.] The commissioner of human services shall determine an applicant's
eligibility for MinnesotaCare no more than 30 days from the date that the
application is received by the department of human services. Beginning January
1, 2000, this requirement also applies to local county human services agencies
that determine eligibility for MinnesotaCare.
Once annually at application or reenrollment, to prevent processing
delays, applicants or enrollees who, from the information provided on the
application, appear to meet eligibility requirements shall be enrolled upon
timely payment of premiums. The
enrollee must provide all required verifications within 30 days of notification
of the eligibility determination or coverage from the program shall be
terminated. Enrollees who are
determined to be ineligible when verifications are provided shall be
disenrolled from the program.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 77. Minnesota Statutes 2002, section 256L.06, subdivision 3, is
amended to read:
Subd. 3.
[COMMISSIONER'S DUTIES AND PAYMENT.] (a) Premiums are dedicated to the
commissioner for MinnesotaCare.
(b) The commissioner shall develop and implement procedures
to: (1) require enrollees to report
changes in income; (2) adjust sliding scale premium payments, based upon
changes in enrollee income; and (3) disenroll enrollees from MinnesotaCare for
failure to pay required premiums.
Failure to pay includes payment with a dishonored check, a returned
automatic bank withdrawal, or a refused credit card or debit card payment. The commissioner may demand a guaranteed
form of payment, including a cashier's check or a money order, as the only
means to replace a dishonored, returned, or refused payment.
(c) Premiums are calculated on a calendar month basis and may
be paid on a monthly, quarterly, or annual semiannual basis, with
the first payment due upon notice from the commissioner of the premium amount
required. The commissioner shall inform
applicants and enrollees of these premium payment options. Premium payment is
required before enrollment is complete and to maintain eligibility in
MinnesotaCare. Premium payments
received before noon are credited the same day. Premium payments received after noon are credited on the next
working day.
(d) Nonpayment of the premium will result in disenrollment from
the plan effective for the calendar month for which the premium was due. Persons disenrolled for nonpayment or who
voluntarily terminate coverage from the program may not reenroll until four
calendar months have elapsed. Persons
disenrolled for nonpayment who pay all past due premiums as well as current
premiums due, including premiums due for the period of disenrollment, within 20
days of disenrollment, shall be reenrolled retroactively to the first day of
disenrollment. Persons disenrolled for nonpayment or who voluntarily terminate
coverage from the program may not reenroll for four calendar months unless the
person demonstrates good cause for nonpayment.
Good cause does not exist if a person chooses to pay other family
expenses instead of the premium. The
commissioner shall define good cause in rule.
[EFFECTIVE DATE.] This
section is effective October 1, 2004.
Sec. 78. Minnesota
Statutes 2002, section 256L.07, subdivision 1, is amended to read:
Subdivision 1. [GENERAL
REQUIREMENTS.] (a) Children enrolled in the original children's health plan as
of September 30, 1992, children who enrolled in the MinnesotaCare program after
September 30, 1992, pursuant to Laws 1992, chapter 549, article 4, section 17,
and children who have family gross incomes that are equal to or less than 175
150 percent of the federal poverty guidelines are eligible without
meeting the requirements of subdivision 2 and the four-month requirement in
subdivision 3, as long as they maintain continuous coverage in the
MinnesotaCare program or medical assistance.
Children who apply for MinnesotaCare on or after the implementation date
of the employer-subsidized health coverage program as described in Laws 1998,
chapter 407, article 5, section 45, who have family gross incomes that are
equal to or less than 175 150 percent of the federal poverty
guidelines, must meet the requirements of subdivision 2 to be eligible for
MinnesotaCare.
(b) Families enrolled in MinnesotaCare under section 256L.04,
subdivision 1, whose income increases above 275 percent of the federal poverty
guidelines, are no longer eligible for the program and shall be disenrolled by
the commissioner. Individuals enrolled in MinnesotaCare under section 256L.04,
subdivision 7, whose income increases above 175 percent of the federal poverty
guidelines are no longer eligible for the program and shall be disenrolled by
the commissioner. For persons
disenrolled under this subdivision, MinnesotaCare coverage terminates the last
day of the calendar month following the month in which the commissioner
determines that the income of a family or individual exceeds program income
limits.
(c)(1) Notwithstanding
paragraph (b), individuals and families enrolled in MinnesotaCare
under section 256L.04, subdivision 1, may remain enrolled in
MinnesotaCare if ten percent of their annual income is less than the annual
premium for a policy with a $500 deductible available through the Minnesota
comprehensive health association. Individuals
and Families who are no longer eligible for MinnesotaCare under this
subdivision shall be given an 18-month notice period from the date that
ineligibility is determined before disenrollment. This clause expires February 1, 2004.
(2) Effective February 1, 2004, notwithstanding paragraph
(b), children may remain enrolled in MinnesotaCare if ten percent of
their annual family income is less than the annual premium for a policy
with a $500 deductible available through the Minnesota comprehensive
health association. Children who are
no longer eligible for MinnesotaCare under this clause shall be given a
12-month notice period from the date that ineligibility is determined
before disenrollment. The premium for
children remaining eligible under this clause shall be the maximum
premium determined under section 256L.15, subdivision 2, paragraph (b),
until July 1, 2005, when the premium shall be determined by section
256L.15, subdivision 2, paragraph (c).
[EFFECTIVE DATE.] The
amendments to paragraph (a) are effective July 1, 2003. The amendments to paragraph (c), clause (1),
are effective October 1, 2003.
Sec. 79. Minnesota
Statutes 2002, section 256L.07, subdivision 2, is amended to read:
Subd. 2. [MUST NOT HAVE
ACCESS TO EMPLOYER-SUBSIDIZED COVERAGE.] (a) To be eligible, a family or
individual must not have access to subsidized health coverage through an
employer and must not have had access to employer-subsidized coverage through a
current employer for 18 months prior to application or reapplication. A family or individual whose
employer-subsidized coverage is lost due to an employer terminating health care
coverage as an employee benefit during the previous 18 months is not eligible.
(b) This subdivision does not apply to a family or individual
who was enrolled in MinnesotaCare within six months or less of reapplication
and who no longer has employer-subsidized coverage due to the employer
terminating health care coverage as an employee benefit.
(c) For purposes of this requirement, subsidized health
coverage means health coverage for which the employer pays at least 50 percent
of the cost of coverage for the employee or dependent, or a higher percentage
as specified by the commissioner.
Children are eligible for employer-subsidized coverage through either
parent, including the noncustodial parent.
The commissioner must treat employer contributions to Internal Revenue
Code Section 125 plans and any other employer benefits intended to pay health
care costs as qualified employer subsidies toward the cost of health coverage
for employees for purposes of this subdivision.
(d) Notwithstanding paragraph (c), beginning February 1,
2004, health coverage for single adults and households without children
and adults in families with children shall be considered to be
subsidized health coverage if the employer contributes any amount
towards the cost of coverage.
Sec. 80. Minnesota
Statutes 2002, section 256L.07, subdivision 3, is amended to read:
Subd. 3. [OTHER HEALTH
COVERAGE.] (a) Families and individuals enrolled in the MinnesotaCare program
must have no health coverage while enrolled or for at least four months prior
to application and renewal. Children
enrolled in the original children's health plan and children in families with
income equal to or less than 175 150 percent of the federal
poverty guidelines, who have other health insurance, are eligible if the
coverage:
(1) lacks two or more of the following:
(i) basic hospital insurance;
(ii) medical-surgical insurance; or
(iii) prescription drug coverage;
(iv) dental coverage; or
(v) vision coverage;
(2) requires a deductible of $100 or more per person per year;
or
(3) lacks coverage because the child has exceeded the maximum
coverage for a particular diagnosis or the policy excludes a particular
diagnosis.
The commissioner may change this eligibility criterion for
sliding scale premiums in order to remain within the limits of available
appropriations. The requirement of no
health coverage does not apply to newborns.
(b) Medical assistance, general assistance medical care, and
the Civilian Health and Medical Program of the Uniformed Service, CHAMPUS, or
other coverage provided under United States Code, title 10, subtitle A, part
II, chapter 55, are not considered insurance or health coverage for purposes of
the four-month requirement described in this subdivision.
(c) For purposes of this subdivision, Medicare Part A or B
coverage under title XVIII of the Social Security Act, United States Code,
title 42, sections 1395c to 1395w-4, is considered health coverage. An applicant or enrollee may not refuse
Medicare coverage to establish eligibility for MinnesotaCare.
(d) Applicants who were recipients of medical assistance or
general assistance medical care within one month of application must meet the
provisions of this subdivision and subdivision 2.
(e) Effective October 1, 2003, applicants who were recipients
of medical assistance and had cost-effective health insurance which was
paid for by medical assistance are exempt from the four-month
requirement under this section.
(f) Notwithstanding paragraph (a), effective October 1, 2004,
individuals enrolled in the MinnesotaCare program under section 256L.04,
subdivision 7, who have gross family income at or below 75 percent are
not subject to the requirement of having no other health coverage for four
months prior to application and renewal.
[EFFECTIVE DATE.] This
section is effective July 1, 2003, except where a different effective
date is specified in the text.
Sec. 81. Minnesota
Statutes 2002, section 256L.09, subdivision 4, is amended to read:
Subd. 4. [ELIGIBILITY
AS MINNESOTA RESIDENT.] (a) For purposes of this section, a permanent Minnesota
resident is a person who has demonstrated, through persuasive and objective
evidence, that the person is domiciled in the state and intends to live in the
state permanently.
(b) To be eligible as a permanent resident, an applicant must
demonstrate the requisite intent to live in the state permanently by:
(1) showing that the applicant maintains a residence at a
verified address other than a place of public accommodation, through the use of
evidence of residence described in section 256D.02, subdivision 12a, clause
(1);
(2) demonstrating that the applicant has been continuously
domiciled in the state for no less than 180 days immediately before the
application; and
(3) signing an affidavit declaring that (A) the applicant
currently resides in the state and intends to reside in the state permanently;
and (B) the applicant did not come to the state for the primary purpose of
obtaining medical coverage or treatment;
(4) effective October 1, 2004, single adults and adults in
households without children who have gross family income at or below
75 percent of the federal poverty guidelines are exempt from the
requirements of clause (1);
(5) effective October 1, 2004, single adults and adults in
households without children who have gross family income at or below
75 percent of the federal poverty guidelines are exempt from clause (2),
but shall demonstrate that they have been continuously domiciled in the
state for no less than 30 days before the date of application. In cases of medical emergencies, the
30-day residency requirement is waived; and
(6) effective October 1, 2004, migrant workers as defined
in section 256J.08 who are single adults and adults in households
without children who have gross family income at or below 75 percent of
the federal poverty guidelines are exempt from the residency
requirements of this section, provided the migrant worker provides
verification that the migrant family worked in this state within the
last 12 months and earned at least $1,000 in gross wages during the time
the migrant worker worked in this state.
(c) A person who is temporarily absent from the state does not
lose eligibility for MinnesotaCare.
"Temporarily absent from the state" means the person is out of
the state for a temporary purpose and intends to return when the purpose of the
absence has been accomplished. A person
is not temporarily absent from the state if another state has determined that
the person is a resident for any purpose.
If temporarily absent from the state, the person must follow the
requirements of the health plan in which the person is enrolled to receive
services.
Sec. 82. Minnesota
Statutes 2002, section 256L.12, subdivision 6, is amended to read:
Subd. 6. [COPAYMENTS
AND BENEFIT LIMITS.] Enrollees are responsible for all copayments in section
256L.03, subdivision 4 5, and shall pay copayments to the managed
care plan or to its participating providers.
The enrollee is also responsible for payment of inpatient hospital
charges which exceed the MinnesotaCare benefit limit.
Sec. 83. Minnesota
Statutes 2002, section 256L.12, subdivision 9, is amended to read:
Subd. 9. [RATE SETTING;
PERFORMANCE WITHHOLDS.] (a) Rates will be prospective, per capita, where
possible. The commissioner may allow
health plans to arrange for inpatient hospital services on a risk or nonrisk
basis. The commissioner shall consult
with an independent actuary to determine appropriate rates.
(b) For services rendered on or after January 1, 2003, to
December 31, 2003, the commissioner shall withhold .5 percent of managed
care plan payments under this section pending completion of performance
targets. The withheld funds must be
returned no sooner than July 1 and no later than July 31 of the following year
if performance targets in the contract are achieved. A managed care plan may include as admitted assets under section
62D.044 any amount withheld under this paragraph that is reasonably expected to
be returned.
(c) For services rendered on or after January 1, 2004, the
commissioner shall withhold five percent of managed care plan payments
under this section pending completion of performance targets. Each performance target must be
quantifiable, objective, measurable, and reasonably attainable. Criteria for assessment of each
performance target must be outlined in writing prior to the contract
effective date. The withheld funds
must be returned no sooner than July 1 and no later than July 31 of the
following calendar year if performance targets in the contract are
achieved. A managed care plan may
include as admitted assets under section 62D.044 any amount withheld
under this paragraph that is reasonably expected to be returned.
(d) The commissioner may exempt from paragraph (b) a
managed care plan that has entered into a managed care contract with
the commissioner in accordance with this section if the contract was the
initial contract between the managed care plan and the commissioner, and
it was entered into after January 1, 2000. This exemption shall apply for five years after the initial
contract was entered into by the managed care plan.
[EFFECTIVE DATE.] This
section is effective for services rendered on or after July 1, 2003,
except as otherwise provided in the statutory language.
Sec. 84. Minnesota
Statutes 2002, section 256L.12, is amending by adding a subdivision to read:
Subd. 9a. [RATE
SETTING; RATABLE REDUCTION.] For services rendered on or after
October 1, 2003, the total payment made to managed care plans under the
MinnesotaCare program is reduced 0.5 percent.
Sec. 85. Minnesota
Statutes 2002, section 256L.12, is amended by adding a subdivision to read:
Subd. 9b.
[ACTUARIAL SOUNDNESS.] All payments to managed care plans
under the MinnesotaCare program shall be actuarially sound pursuant to
Code of Federal Regulations, title 42, section 438.6. In establishing payment rates under the
MinnesotaCare program, payment rates must incorporate at least the
following factors: (1)
individual health plan annual performance; (2) rate relationships based
on actual health plan experience; (3) geographic payment relativities;
and (4) rate cell payment relativities.
Sec. 86. Minnesota
Statutes 2002, section 256L.15, subdivision 1, is amended to read:
Subdivision 1. [PREMIUM
DETERMINATION.] (a) Families with children and individuals shall pay a premium
determined according to a sliding fee based on a percentage of the family's
gross family income subdivision 2.
(b) Pregnant women and children under age two are exempt from
the provisions of section 256L.06, subdivision 3, paragraph (b), clause (3),
requiring disenrollment for failure to pay premiums. For pregnant women, this exemption continues until the first day
of the month following the 60th day postpartum. Women who remain enrolled
during pregnancy or the postpartum period, despite nonpayment of premiums,
shall be disenrolled on the first of the month following the 60th day
postpartum for the penalty period that otherwise applies under section 256L.06,
unless they begin paying premiums.
(c) Effective October 1, 2004, single adults and households
without children with gross family income at or below 75 percent of
the federal poverty guidelines who are eligible under section 256L.04,
subdivision 7, do not have a premium obligation.
Sec. 87. Minnesota
Statutes 2002, section 256L.15, subdivision 2, is amended to read:
Subd. 2. [SLIDING FEE
SCALE TO DETERMINE PERCENTAGE OF GROSS INDIVIDUAL OR FAMILY INCOME.] (a) The
commissioner shall establish a sliding fee scale to determine the percentage of
gross than five. Effective October 1, 2003, the
commissioner shall increase each percentage by 0.5 percentage points for
families and children with incomes greater than 100 percent but not exceeding
200 percent of the federal poverty guidelines and shall increase each
percentage by 1.0 percentage points for families and children with
incomes greater than 200 percent of the federal poverty guidelines. The sliding fee scale and percentages are
not subject to the provisions of chapter 14.
If a family individual or family income that households at different income
levels must pay to obtain coverage through the MinnesotaCare program. The sliding fee scale must be based on the
enrollee's gross individual or family income. The sliding fee scale must contain separate tables based on
enrollment of one, two, or three or more persons. The sliding fee scale begins with a premium of 1.5 percent of
gross individual or family income for individuals or families
with incomes below the limits for the medical assistance program for families
and children in effect on January 1, 1999, and proceeds through the following
evenly spaced steps: 1.8, 2.3, 3.1,
3.8, 4.8, 5.9, 7.4, and 8.8 percent.
These percentages are matched to evenly spaced income steps ranging from
the medical assistance income limit for families and children in effect on
January 1, 1999, to 275 percent of the federal poverty guidelines for the
applicable family size, up to a family size of five. The sliding fee scale for a family of five must be used for
families of more or individual reports increased income after
enrollment, premiums shall not be adjusted until eligibility renewal.
(b)(1) Enrolled individuals and families whose
gross annual income increases above 275 percent of the federal poverty
guideline shall pay the maximum premium.
This clause expires effective February 1, 2004.
(2) Effective October 1, 2003, enrolled single adults and
households without children who have gross family income above 75
percent of the federal poverty guidelines shall pay the maximum premium.
(3) Effective February 1, 2004, adults in families with children
whose gross income is above 200 percent of the federal poverty
guidelines shall pay the maximum premium.
(4) The maximum premium is defined as a base charge for
one, two, or three or more enrollees so that if all MinnesotaCare cases paid
the maximum premium, the total revenue would equal the total cost of MinnesotaCare
medical coverage and administration. In
this calculation, administrative costs shall be assumed to equal ten percent of
the total. The costs of medical
coverage for pregnant women and children under age two and the enrollees in
these groups shall be excluded from the total.
The maximum premium for two enrollees shall be twice the maximum premium
for one, and the maximum premium for three or more enrollees shall be three
times the maximum premium for one.
(c) Effective July 1, 2005, single adults and households
without children who have gross family income above 75 percent of the
federal poverty guidelines and adults in families with children whose
gross income is above 200 percent of the federal poverty guidelines
shall pay the full cost premium. The
full cost premium is defined as a base charge for one, two, or three
or more enrollees so that if the base charge were paid by all MinnesotaCare
cases subject to the full cost premium, the total revenue would
approximately equal the total cost of MinnesotaCare medical coverage and
administration for cases subject to the full cost premium. In this calculation, administrative
costs shall be assumed to equal ten percent of the total. The full cost premium for two enrollees
shall be twice the full cost premium for one, and the full cost premium
for three or more enrollees shall be three times the full cost premium
for one.
[EFFECTIVE DATE.] The
amendments to this section are effective October 1, 2003, unless
specified otherwise in the statutory text.
Sec. 88. Minnesota
Statutes 2002, section 256L.15, subdivision 3, is amended to read:
Subd. 3. [EXCEPTIONS TO
SLIDING SCALE.] An annual premium of $48 is required for all children in
families with income at or less than 175 150 percent of federal poverty
guidelines.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 89. Minnesota
Statutes 2002, section 256L.17, subdivision 2, is amended to read:
Subd. 2. [LIMIT ON
TOTAL ASSETS.] (a) Effective July 1, 2002, or upon federal approval,
whichever is later, in order to be eligible for the MinnesotaCare program, a
household of two or more persons must not own more than $30,000 in total net
assets, and a household of one person must not own more than $15,000 in total
net assets.
(b) For purposes of this subdivision, assets are
determined according to section 256B.056, subdivision 3c. In addition to these maximum
amounts, an eligible individual or family may accrue interest on these
amounts, but they must be reduced to the maximum at the time of an
eligibility redetermination. The value
of assets that are not considered in determining eligibility is the
value of those assets excluded under the AFDC state plan as of July 16,
1996, as required by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA), Public Law 104-193, with the
following exceptions:
(1) household goods and personal effects are not considered;
(2) capital and operating assets of a trade or business up
to $200,000 are not considered;
(3) one motor vehicle is excluded for each person of legal
driving age who is employed or seeking employment;
(4) one burial plot and all other burial expenses equal to
the supplemental security income program asset limit are not considered
for each individual;
(5) court-ordered settlements up to $10,000 are not considered;
(6) individual retirement accounts and funds are not considered;
and
(7) assets owned by children are not considered.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 90. Minnesota
Statutes 2002, section 295.58, is amended to read:
295.58 [DEPOSIT OF REVENUES AND PAYMENT OF REFUNDS.]
The commissioner shall deposit all revenues, including
penalties and interest, derived from the taxes imposed by sections 295.50 to
295.57 and from the insurance premiums tax imposed by section 297I.05,
subdivision 5, on health maintenance organizations, community integrated
service networks, and nonprofit health service plan corporations in the health
care access fund. There is annually
appropriated from the health care access fund to the commissioner of revenue
the amount necessary to make refunds under this chapter. Beginning July 1, 2005, the
commissioner shall deposit all revenues, including penalties and interest,
derived from the taxes imposed by sections 295.50 to 295.57 and from the
insurance premiums tax imposed by section 297I.05, subdivision 5, on
health maintenance organizations, community integrated service networks,
and nonprofit health service plan corporations in the general fund. There
is annually appropriated from the general fund to the commissioner of
revenue the amount necessary to make refunds under this chapter.
Sec. 91. Minnesota
Statutes 2002, section 514.981, subdivision 6, is amended to read:
Subd. 6. [TIME LIMITS;
CLAIM LIMITS; LIENS ON LIFE ESTATES AND JOINT TENANCIES.] (a) A
medical assistance lien is a lien on the real property it describes for a
period of ten years from the date it attaches according to section 514.981,
subdivision 2, paragraph (a), except as otherwise provided for in sections
514.980 to 514.985. The agency may
renew a medical assistance lien for an additional ten years from the date it
would otherwise expire by recording or filing a certificate of renewal before the
lien expires. The certificate shall be
recorded or filed in the office of the county recorder or registrar of titles
for the county in which the lien is recorded or filed. The certificate must
refer to the recording or filing data for the medical assistance lien it
renews. The certificate need not be
attested, certified, or acknowledged as a condition for recording or
filing. The registrar of titles or the
recorder shall file, record, index, and return the certificate of renewal in
the same manner as provided for medical assistance liens in section 514.982,
subdivision 2.
(b) A medical assistance lien is not enforceable against
the real property of an estate to the extent there is a determination by a
court of competent jurisdiction, or by an officer of the court designated for
that purpose, that there are insufficient assets in the estate to satisfy the
agency's medical assistance lien in whole or in part because of the homestead
exemption under section 256B.15, subdivision 4, the rights of the surviving
spouse or minor children under section 524.2-403, paragraphs (a) and (b), or
claims with a priority under section 524.3-805, paragraph (a), clauses (1) to
(4). For purposes of this section, the
rights of the decedent's adult children to exempt property under section
524.2-403, paragraph (b), shall not be considered costs of administration under
section 524.3-805, paragraph (a), clause (1).
(c) Notwithstanding any law or rule to the contrary, the
provisions in clauses (1) to (7) apply if a life estate subject to a
medical assistance lien ends according to its terms, or if a medical
assistance recipient who owns a life estate or any interest in real
property as a joint tenant that is subject to a medical assistance lien
dies.
(1) The medical assistance recipient's life estate or joint
tenancy interest in the real property shall not end upon the recipient's
death but shall merge into the remainder interest or other interest in
real property the medical assistance recipient owned in joint tenancy
with others. The medical assistance
lien shall attach to and run with the remainder or other interest in
the real property to the extent of the medical assistance recipient's
interest in the property at the time of the recipient's death as
determined under this section.
(2) If the medical assistance recipient's interest was a
life estate in real property, the lien shall be a lien against the
portion of the remainder equal to the percentage factor for the life
estate of a person the medical assistance recipient's age on the date
the life estate ended according to its terms or the date of the medical
assistance recipient's death as listed in the Life Estate Mortality
Table in the health care program's manual.
(3) If the medical assistance recipient owned the interest
in real property in joint tenancy with others, the lien shall be a
lien against the portion of that interest equal to the fractional
interest the medical assistance recipient would have owned in the
jointly owned interest had the medical assistance recipient and the
other owners held title to that interest as tenants in common on the
date the medical assistance recipient died.
(4) The medical assistance lien shall remain a lien against
the remainder or other jointly owned interest for the length of time
and be renewable as provided in paragraph (a).
(5) Section 514.981, subdivision 5, paragraphs (a), clause
(4), (b), clauses (1) and (2); and subdivision 6, paragraph (b), do
not apply to medical assistance liens which attach to interests in real
property as provided under this subdivision.
(6) The continuation of a medical assistance recipient's
life estate or joint tenancy interest in real property after the medical
assistance recipient's death for the purpose of recovering medical
assistance provided for in sections 514.980 to 514.985 modifies common
law principles holding that these interests terminate on the death of
the holder.
(7) Notwithstanding any law or rule to the contrary, no release,
satisfaction, discharge, or affidavit under section 256B.15 shall
extinguish or terminate the life estate or joint tenancy interest of a
medical assistance recipient subject to a lien under sections 514.980 to
514.985 on the date the recipient dies.
(8) The provisions of clauses (1) to (7) do not apply to a
homestead owned of record, on the date the recipient dies, by the
recipient and the recipient's spouse as joint tenants with a right of
survivorship.
[EFFECTIVE DATE.] This
section is effective August 1, 2003, and applies to all medical assistance
liens recorded or filed on or after that date.
Sec. 92. [PHARMACY PLUS WAIVER.]
The commissioner of human services shall seek a pharmacy
plus waiver from the Department of Health and Human Services that
uses the accumulated savings from all pharmacy and asset transfer
provisions in this act and previously adopted pharmacy savings
strategies as the factor to prove fiscal neutrality. The commissioner
shall expand eligibility for seniors and the disabled up to 135 percent
of the federal poverty guidelines for the prescription drug program
under Minnesota Statutes, section 256.955, to the extent that the new
federal funding under this waiver allows an expansion without an
additional state appropriation.
Sec. 93. [REVIEW OF
SPECIAL TRANSPORTATION ELIGIBILITY CRITERIA AND POTENTIAL COST SAVINGS.]
The commissioner of human services, in consultation with
the commissioner of transportation and special transportation service
providers, shall review eligibility criteria for medical assistance special
transportation services and shall evaluate whether the level of special
transportation services provided should be based on the degree of
impairment of the client, as well as the medical diagnosis. The commissioner shall also evaluate
methods for reducing the cost of special transportation services,
including, but not limited to:
(1) requiring providers to maintain a daily log book confirming
delivery of clients to medical facilities;
(2) requiring providers to implement commercially available
computer mapping programs to calculate mileage for purposes of reimbursement;
and
(3) restricting special transportation service from being
provided solely for trips to pharmacies.
The commissioner shall present recommendations for changes
in the eligibility criteria and potential cost-savings for special
transportation services to the chairs and ranking minority members of
the house and senate committees having jurisdiction over health and
human services spending by January 15, 2004. The commissioner is prohibited from using a broker or coordinator
to manage special transportation services.
Sec. 94. [REBATES FOR
MANAGED CARE.]
The commissioner of human services shall develop a proposal
to obtain increased pharmacy rebate revenue for recipients served
through the prepaid medical assistance program and the MinnesotaCare
program. The commissioner may recommend
excluding coverage for prescription drugs from prepaid medical
assistance programs and MinnesotaCare contracts, or may propose other
methods to obtain supplemental drug rebates for this population. The commissioner shall present the proposal
to the chairs and ranking minority members of the house and senate committees
with jurisdiction over health and human services finance issues.
Sec. 95. [FEDERAL
APPROVAL.]
If the amendments to Minnesota Statutes, sections 256.046,
subdivision 1, and 256.98, subdivision 8, are not effective because
of prohibitions in federal law, the commissioner of human services shall
seek the federal waivers and authority necessary to implement the
provisions.
Sec. 96. [REVISOR'S
INSTRUCTION.]
For sections in Minnesota Statutes and Minnesota Rules affected
by the repealed sections in this article, the revisor shall delete
internal cross-references where appropriate and make changes necessary
to correct the punctuation, grammar, or structure of the remaining text
and preserve its meaning.
Sec. 97. [REPEALER.]
(a) Minnesota Statutes 2002, sections 256.955, subdivision
8; 256B.056, subdivision 3c; 256B.057, subdivision 1b; and 256B.195,
subdivision 5, are repealed July 1, 2003.
(b) Minnesota Statutes 2002, section 256L.04, subdivision
9, is repealed October 1, 2004.
(c) Minnesota Statutes 2002, section 256B.055, subdivision
10a, is repealed July 1, 2003, or upon federal approval, whichever is
later.
(d) Minnesota Statutes 2002, section 256L.02, subdivision
3, is repealed June 30, 2005.
ARTICLE
3
LONG-TERM
CARE
Section 1. Minnesota
Statutes 2002, section 61A.072, subdivision 6, is amended to read:
Subd. 6. [ACCELERATED
BENEFITS.] (a) "Accelerated benefits" covered under this section are
benefits payable under the life insurance contract:
(1) to a policyholder or certificate holder, during the
lifetime of the insured, in anticipation of death upon the occurrence of
a specified life-threatening or catastrophic condition as defined by the policy
or rider;
(2) that reduce the death benefit otherwise payable under the
life insurance contract; and
(3) that are payable upon the occurrence of a single qualifying
event that results in the payment of a benefit amount fixed at the time of
acceleration.
(b) "Qualifying event" means one or more of the
following:
(1) a medical condition that would result in a drastically
limited life span as specified in the contract;
(2) a medical condition that has required or requires
extraordinary medical intervention, such as, but not limited to, major organ
transplant or continuous artificial life support without which the insured
would die; or
(3) a condition that requires continuous confinement in an
eligible institution as defined in the contract if the insured is expected to
remain there for the rest of the insured's life;
(4) a long-term care illness or physical condition that results
in cognitive impairment or the inability to perform the activities of
daily life or the substantial and material duties of any occupation; or
(5) other qualifying events that the commissioner approves
for a particular filing.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to
policies issued on or after that date.
Sec. 2. Minnesota
Statutes 2002, section 62A.315, is amended to read:
62A.315 [EXTENDED BASIC MEDICARE SUPPLEMENT PLAN; COVERAGE.]
The extended basic Medicare supplement plan must have a level
of coverage so that it will be certified as a qualified plan pursuant to
section 62E.07, and will provide:
(1) coverage for all of the Medicare
part A inpatient hospital deductible and coinsurance amounts, and 100 percent
of all Medicare part A eligible expenses for hospitalization not covered by
Medicare;
(2) coverage for the daily copayment amount of Medicare part A
eligible expenses for the calendar year incurred for skilled nursing facility
care;
(3) coverage for the copayment amount of Medicare eligible
expenses under Medicare part B regardless of hospital confinement, and the
Medicare part B deductible amount;
(4) 80 percent of the usual and customary hospital and medical
expenses and supplies described in section 62E.06, subdivision 1, not to exceed
any charge limitation established by the Medicare program or state law, the
usual and customary hospital and medical expenses and supplies, described in
section 62E.06, subdivision 1, while in a foreign country, and prescription
drug expenses, not covered by Medicare;
(5) coverage for the reasonable cost of the first three pints
of blood, or equivalent quantities of packed red blood cells as defined under
federal regulations under Medicare parts A and B, unless replaced in accordance
with federal regulations;
(6) 100 percent of the cost of immunizations and routine
screening procedures for cancer, including mammograms and pap smears;
(7) preventive medical care benefit: coverage for the following preventive health services:
(i) an annual clinical preventive medical history and physical
examination that may include tests and services from clause (ii) and patient
education to address preventive health care measures;
(ii) any one or a combination of the following preventive
screening tests or preventive services, the frequency of which is considered
medically appropriate:
(A) fecal occult blood test and/or digital rectal examination;
(B) dipstick urinalysis for hematuria, bacteriuria, and
proteinuria;
(C) pure tone (air only) hearing screening test administered or
ordered by a physician;
(D) serum cholesterol screening every five years;
(E) thyroid function test;
(F) diabetes screening;
(iii) any other tests or preventive measures determined
appropriate by the attending physician.
Reimbursement shall be for the actual charges up to 100 percent
of the Medicare-approved amount for each service as if Medicare were to cover
the service as identified in American Medical Association current procedural
terminology (AMA CPT) codes to a maximum of $120 annually under this
benefit. This benefit shall not include
payment for any procedure covered by Medicare;
(8) at-home recovery benefit: coverage for services to provide short-term
at-home assistance with activities of daily living for those recovering from an
illness, injury, or surgery:
(i) for purposes of this benefit, the following definitions
shall apply:
(A) "activities of daily living" include, but are not
limited to, bathing, dressing, personal hygiene, transferring, eating,
ambulating, assistance with drugs that are normally self-administered, and
changing bandages or other dressings;
(B) "care provider" means a duly qualified or
licensed home health aide/homemaker, personal care aide, or nurse provided
through a licensed home health care agency or referred by a licensed referral
agency or licensed nurses registry;
(C) "home" means a place used by the insured as a
place of residence, provided that the place would qualify as a residence for
home health care services covered by Medicare.
A hospital or skilled nursing facility shall not be considered the
insured's place of residence;
(D) "at-home recovery visit" means the period of a
visit required to provide at-home recovery care, without limit on the duration
of the visit, except each consecutive four hours in a 24-hour period of
services provided by a care provider is one visit;
(ii) coverage requirements and limitations:
(A) at-home recovery services provided must be primarily
services that assist in activities of daily living;
(B) the insured's attending physician must certify that the
specific type and frequency of at-home recovery services are necessary because
of a condition for which a home care plan of treatment was approved by
Medicare;
(C) coverage is limited to:
(I) no more than the number and type of at-home recovery visits
certified as medically necessary by the insured's attending physician. The total number of at-home recovery visits
shall not exceed the number of Medicare-approved home health care visits under
a Medicare-approved home care plan of treatment;
(II) the actual charges for each visit up to a maximum
reimbursement of $40 $100 per visit;
(III) $1,600 $4,000 per calendar year;
(IV) seven visits in any one week;
(V) care furnished on a visiting basis in the insured's home;
(VI) services provided by a care provider as defined in this
section;
(VII) at-home recovery visits while the insured is covered under
the policy or certificate and not otherwise excluded;
(VIII) at-home recovery visits received during the period the
insured is receiving Medicare-approved home care services or no more than eight
weeks after the service date of the last Medicare-approved home health care
visit;
(iii) coverage is excluded for:
(A) home care visits paid for by Medicare or other government
programs; and
(B) care provided by family members, unpaid volunteers,
or providers who are not care providers.
[EFFECTIVE DATE.] This
section is effective January 1, 2004, and applies to policies issued on
or after that date.
Sec. 3. Minnesota
Statutes 2002, section 62A.48, is amended by adding a subdivision to read:
Subd. 12.
[REGULATORY FLEXIBILITY.] The commissioner may upon written
request issue an order to modify or suspend a specific provision or
provisions of sections 62A.46 to 62A.56 with respect to a specific
long-term care insurance policy or certificate upon a written finding
that:
(1) the modification or suspension is in the best interest
of the insureds;
(2) the purpose to be achieved could not be effectively or
efficiently achieved without the modifications or suspension; and
(3)(i) the modification or suspension is necessary to the
development of an innovative and reasonable approach for insuring
long-term care;
(ii) the policy or certificate is to be issued to residents
of a life care or continuing care retirement community or some other
residential community for the elderly and the modification or suspension
is reasonably related to the special needs or nature of such a
community; or
(iii) the modification or suspension is necessary to permit
long-term care insurance to be sold as part of, or in conjunction
with, another insurance product.
[EFFECTIVE DATE.] This
section is effective January 1, 2004, and applies to policies issued on
or after that date.
Sec. 4. Minnesota
Statutes 2002, section 62A.49, is amended by adding a subdivision to read:
Subd. 3.
[PROHIBITED LIMITATIONS.] A long-term care insurance policy or
certificate shall not, if it provides benefits for home health care or
community care services, limit or exclude benefits by:
(1) requiring that the insured would need care in a skilled
nursing facility if home health care services were not provided;
(2) requiring that the insured first or simultaneously receive
nursing or therapeutic services in a home, community, or institutional
setting before home health care services are covered;
(3) limiting eligible services to services provided by a
registered nurse or licensed practical nurse;
(4) requiring that a nurse or therapist provide services
covered by the policy that can be provided by a home health aide or
other licensed or certified home care worker acting within the scope of
licensure or certification;
(5) excluding coverage for personal care services provided
by a home health aide;
(6) requiring that the provision of home health care
services be at a level of certification or licensure greater than that
required by the eligible service;
(7) requiring that the insured have an acute condition before
home health care services are covered;
(8) limiting benefits to services provided by Medicare-certified
agencies or providers;
(9) excluding coverage for adult day care services; or
(10) excluding coverage based upon location or type of residence
in which the home health care services would be provided.
[EFFECTIVE DATE.] This
section is effective January 1, 2004, and applies to policies issued on
or after that date.
Sec. 5. Minnesota
Statutes 2002, section 62S.22, subdivision 1, is amended to read:
Subdivision 1.
[PROHIBITED LIMITATIONS.] A long-term care insurance policy or
certificate shall not, if it provides benefits for home health care or
community care services, limit or exclude benefits by:
(1) requiring that the insured would need care in a skilled
nursing facility if home health care services were not provided;
(2) requiring that the insured first or simultaneously receive nursing
or therapeutic services in a home, community, or institutional setting before
home health care services are covered;
(3) limiting eligible services to services provided by a
registered nurse or licensed practical nurse;
(4) requiring that a nurse or therapist provide services
covered by the policy that can be provided by a home health aide or other
licensed or certified home care worker acting within the scope of licensure or
certification;
(5) excluding coverage for personal care services provided by a
home health aide;
(6) requiring that the provision of home health care services
be at a level of certification or licensure greater than that required by the
eligible service;
(7) requiring that the insured have an acute condition before
home health care services are covered;
(8) limiting benefits to services provided by
Medicare-certified agencies or providers; or
(9) excluding coverage for adult day care services; or
(10) excluding coverage based upon location or type of residence
in which the home health care services would be provided.
[EFFECTIVE DATE.] This
section is effective January 1, 2004, and applies to policies issued on
or after that date.
Sec. 6. [62S.34]
[REGULATORY FLEXIBILITY.]
The commissioner may upon written request issue an order to
modify or suspend a specific provision or provisions of this chapter
with respect to a specific long-term care insurance policy or
certificate upon a written finding that:
(1) the modification or suspension is in the best interest
of the insureds;
(2) the purpose to be achieved could not be effectively or
efficiently achieved without the modifications or suspension; and
(3)(i) the modification or suspension is necessary to the
development of an innovative and reasonable approach for insuring
long-term care;
(ii) the policy or certificate is to be issued to residents
of a life care or continuing care retirement community or some other
residential community for the elderly and the modification or suspension
is reasonably related to the special needs or nature of such a
community; or
(iii) the modification or suspension is necessary to permit
long-term care insurance to be sold as part of, or in conjunction
with, another insurance product.
[EFFECTIVE DATE.] This
section is effective January 1, 2004, and applies to policies issued on
or after that date.
Sec. 7. Minnesota
Statutes 2002, section 144A.04, subdivision 3, is amended to read:
Subd. 3. [STANDARDS.] (a)
The facility must meet the minimum health, sanitation, safety and comfort
standards prescribed by the rules of the commissioner of health with respect to
the construction, equipment, maintenance and operation of a nursing home. The commissioner of health may temporarily
waive compliance with one or more of the standards if the commissioner
determines that:
(a) (1) temporary noncompliance with the standard
will not create an imminent risk of harm to a nursing home resident; and
(b) (2) a controlling person on behalf of all
other controlling persons:
(1) (i) has entered into a contract to obtain the
materials or labor necessary to meet the standard set by the commissioner of
health, but the supplier or other contractor has failed to perform the terms of
the contract and the inability of the nursing home to meet the standard is due
solely to that failure; or
(2) (ii) is otherwise making a diligent good
faith effort to meet the standard.
The commissioner shall make available to other nursing homes
information on facility-specific waivers related to technology or
physical plant that are granted. The
commissioner shall, upon the request of a facility, extend a waiver
granted to a specific facility related to technology or physical plant
to the facility making the request, if the commissioner determines
that the facility also satisfies clauses (1) and (2) and any other terms
and conditions of the waiver.
The commissioner of health shall allow, by rule, a nursing
home to provide fewer hours of nursing care to intermediate care residents of a
nursing home than required by the present rules of the commissioner if the
commissioner determines that the needs of the residents of the home will be
adequately met by a lesser amount of nursing care.
(b) A facility is not required to seek a waiver for room
furniture or equipment under paragraph (a) when responding to resident-specific
requests, if the facility has discussed health and safety concerns with
the resident and the resident request and discussion of health and
safety concerns are documented in the resident's patient record.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 8. Minnesota
Statutes 2002, section 144A.04, is amended by adding a subdivision to read:
Subd. 11.
[INCONTINENT RESIDENTS.] Notwithstanding Minnesota Rules, part
4658.0520, an incontinent resident must be checked according to a
specific time interval written in the resident's care plan. The resident's attending physician must authorize
in writing any interval longer than two hours unless the resident, if
competent, or a family member or legally appointed conservator,
guardian, or health care agent of a resident who is not competent,
agrees in writing to waive physician involvement in determining this
interval.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 9. Minnesota Statutes 2002, section 144A.071, subdivision
4a, is amended to read:
Subd. 4a. [EXCEPTIONS
FOR REPLACEMENT BEDS.] It is in the best interest of the state to ensure that
nursing homes and boarding care homes continue to meet the physical plant
licensing and certification requirements by permitting certain construction
projects. Facilities should be
maintained in condition to satisfy the physical and emotional needs of residents
while allowing the state to maintain control over nursing home expenditure
growth.
The commissioner of health in coordination with the
commissioner of human services, may approve the renovation, replacement,
upgrading, or relocation of a nursing home or boarding care home, under the
following conditions:
(a) to license or certify beds in a new facility constructed to
replace a facility or to make repairs in an existing facility that was
destroyed or damaged after June 30, 1987, by fire, lightning, or other hazard
provided:
(i) destruction was not caused by the intentional act of or at
the direction of a controlling person of the facility;
(ii) at the time the facility was destroyed or damaged the
controlling persons of the facility maintained insurance coverage for the type
of hazard that occurred in an amount that a reasonable person would conclude
was adequate;
(iii) the net proceeds from an insurance settlement for the
damages caused by the hazard are applied to the cost of the new facility or
repairs;
(iv) the new facility is constructed on the same site as the
destroyed facility or on another site subject to the restrictions in section
144A.073, subdivision 5;
(v) the number of licensed and certified beds in the new
facility does not exceed the number of licensed and certified beds in the
destroyed facility; and
(vi) the commissioner determines that the replacement beds are
needed to prevent an inadequate supply of beds.
Project construction costs
incurred for repairs authorized under this clause shall not be considered in
the dollar threshold amount defined in subdivision 2;
(b) to license or certify beds that are moved from one location
to another within a nursing home facility, provided the total costs of
remodeling performed in conjunction with the relocation of beds does not exceed
$1,000,000;
(c) to license or certify beds in a project recommended for
approval under section 144A.073;
(d) to license or certify beds that are moved from an existing
state nursing home to a different state facility, provided there is no net
increase in the number of state nursing home beds;
(e) to certify and license as nursing home beds boarding care
beds in a certified boarding care facility if the beds meet the standards for
nursing home licensure, or in a facility that was granted an exception to the
moratorium under section 144A.073, and if the cost of any remodeling of the
facility does not exceed $1,000,000. If
boarding care beds are licensed as nursing home beds, the number of boarding
care beds in the facility must not increase beyond the number remaining at the
time of the upgrade in licensure. The
provisions contained in section 144A.073 regarding the upgrading of the
facilities do not apply to facilities that satisfy these requirements;
(f) to license and certify up to 40 beds transferred from an
existing facility owned and operated by the Amherst H. Wilder Foundation in the
city of St. Paul to a new unit at the same location as the existing facility
that will serve persons with Alzheimer's disease and other related
disorders. The transfer of beds may
occur gradually or in stages, provided the total number of beds transferred
does not exceed 40. At the time of
licensure and certification of a bed or beds in the new unit, the commissioner
of health shall delicense and decertify the same number of beds in the existing
facility. As a condition of receiving a
license or certification under this clause, the facility must make a written
commitment to the commissioner of human services that it will not seek to receive
an increase in its property-related payment rate as a result of the transfers
allowed under this paragraph;
(g) to license and certify nursing home beds to replace
currently licensed and certified boarding care beds which may be located either
in a remodeled or renovated boarding care or nursing home facility or in a
remodeled, renovated, newly constructed, or replacement nursing home facility
within the identifiable complex of health care facilities in which the
currently licensed boarding care beds are presently located, provided that the
number of boarding care beds in the facility or complex are decreased by the
number to be licensed as nursing home beds and further provided that, if the
total costs of new construction, replacement, remodeling, or renovation exceed
ten percent of the appraised value of the facility or $200,000, whichever is
less, the facility makes a written commitment to the commissioner of human
services that it will not seek to receive an increase in its property-related
payment rate by reason of the new construction, replacement, remodeling, or
renovation. The provisions contained in
section 144A.073 regarding the upgrading of facilities do not apply to
facilities that satisfy these requirements;
(h) to license as a nursing home and certify as a nursing
facility a facility that is licensed as a boarding care facility but not
certified under the medical assistance program, but only if the commissioner of
human services certifies to the commissioner of health that licensing the
facility as a nursing home and certifying the facility as a nursing facility
will result in a net annual savings to the state general fund of $200,000 or
more;
(i) to certify, after September 30, 1992, and prior to July 1,
1993, existing nursing home beds in a facility that was licensed and in
operation prior to January 1, 1992;
(j) to license and certify new nursing home beds to replace
beds in a facility acquired by the Minneapolis community development agency as
part of redevelopment activities in a city of the first class, provided the new
facility is located within three miles of the site of the old facility. Operating and property costs for the new
facility must be determined and allowed under section 256B.431 or 256B.434;
(k) to license and certify up to 20
new nursing home beds in a community-operated hospital and attached
convalescent and nursing care facility with 40 beds on April 21, 1991, that
suspended operation of the hospital in April 1986. The commissioner of human services shall provide the facility
with the same per diem property-related payment rate for each additional
licensed and certified bed as it will receive for its existing 40 beds;
(l) to license or certify beds in renovation, replacement, or
upgrading projects as defined in section 144A.073, subdivision 1, so long as
the cumulative total costs of the facility's remodeling projects do not exceed
$1,000,000;
(m) to license and certify beds that are moved from one
location to another for the purposes of converting up to five four-bed wards to
single or double occupancy rooms in a nursing home that, as of January 1, 1993,
was county-owned and had a licensed capacity of 115 beds;
(n) to allow a facility that on April 16, 1993, was a 106-bed
licensed and certified nursing facility located in Minneapolis to layaway all
of its licensed and certified nursing home beds. These beds may be relicensed and recertified in a
newly-constructed teaching nursing home facility affiliated with a teaching
hospital upon approval by the legislature.
The proposal must be developed in consultation with the interagency
committee on long-term care planning.
The beds on layaway status shall have the same status as voluntarily
delicensed and decertified beds, except that beds on layaway status remain
subject to the surcharge in section 256.9657.
This layaway provision expires July 1, 1998;
(o) to allow a project which will be completed in conjunction
with an approved moratorium exception project for a nursing home in southern
Cass county and which is directly related to that portion of the facility that
must be repaired, renovated, or replaced, to correct an emergency plumbing
problem for which a state correction order has been issued and which must be
corrected by August 31, 1993;
(p) to allow a facility that on April 16, 1993, was a 368-bed
licensed and certified nursing facility located in Minneapolis to layaway, upon
30 days prior written notice to the commissioner, up to 30 of the facility's
licensed and certified beds by converting three-bed wards to single or double
occupancy. Beds on layaway status shall
have the same status as voluntarily delicensed and decertified beds except that
beds on layaway status remain subject to the surcharge in section 256.9657,
remain subject to the license application and renewal fees under section
144A.07 and shall be subject to a $100 per bed reactivation fee. In addition, at any time within three years
of the effective date of the layaway, the beds on layaway status may be:
(1) relicensed and recertified upon relocation and reactivation
of some or all of the beds to an existing licensed and certified facility or
facilities located in Pine River, Brainerd, or International Falls; provided
that the total project construction costs related to the relocation of beds
from layaway status for any facility receiving relocated beds may not exceed
the dollar threshold provided in subdivision 2 unless the construction project
has been approved through the moratorium exception process under section
144A.073;
(2) relicensed and recertified, upon reactivation of some or
all of the beds within the facility which placed the beds in layaway status, if
the commissioner has determined a need for the reactivation of the beds on
layaway status.
The property-related payment rate of a facility placing beds on
layaway status must be adjusted by the incremental change in its rental per
diem after recalculating the rental per diem as provided in section 256B.431,
subdivision 3a, paragraph (c). The
property-related payment rate for a facility relicensing and recertifying beds
from layaway status must be adjusted by the incremental change in its rental
per diem after recalculating its rental per diem using the number of beds after
the relicensing to establish the facility's capacity day divisor, which shall
be effective the first day of the month following the month in which the
relicensing and recertification became effective. Any beds remaining on layaway status more than three years after
the date the layaway status became effective must be removed from layaway
status and immediately delicensed and decertified;
(q) to license and certify beds in a
renovation and remodeling project to convert 12 four-bed wards into 24 two-bed
rooms, expand space, and add improvements in a nursing home that, as of January
1, 1994, met the following conditions:
the nursing home was located in Ramsey county; had a licensed capacity
of 154 beds; and had been ranked among the top 15 applicants by the 1993
moratorium exceptions advisory review panel.
The total project construction cost estimate for this project must not
exceed the cost estimate submitted in connection with the 1993 moratorium
exception process;
(r) to license and certify up to 117 beds that are relocated
from a licensed and certified 138-bed nursing facility located in St. Paul to a
hospital with 130 licensed hospital beds located in South St. Paul, provided
that the nursing facility and hospital are owned by the same or a related
organization and that prior to the date the relocation is completed the
hospital ceases operation of its inpatient hospital services at that
hospital. After relocation, the nursing
facility's status under section 256B.431, subdivision 2j, shall be the same as
it was prior to relocation. The nursing
facility's property-related payment rate resulting from the project authorized
in this paragraph shall become effective no earlier than April 1, 1996. For purposes of calculating the incremental
change in the facility's rental per diem resulting from this project, the
allowable appraised value of the nursing facility portion of the existing
health care facility physical plant prior to the renovation and relocation may
not exceed $2,490,000;
(s) to license and certify two beds in a facility to replace
beds that were voluntarily delicensed and decertified on June 28, 1991;
(t) to allow 16 licensed and certified beds located on July 1,
1994, in a 142-bed nursing home and 21-bed boarding care home facility in
Minneapolis, notwithstanding the licensure and certification after July 1,
1995, of the Minneapolis facility as a 147-bed nursing home facility after
completion of a construction project approved in 1993 under section 144A.073,
to be laid away upon 30 days' prior written notice to the commissioner. Beds on layaway status shall have the same
status as voluntarily delicensed or decertified beds except that they shall
remain subject to the surcharge in section 256.9657. The 16 beds on layaway status may be relicensed as nursing home
beds and recertified at any time within five years of the effective date of the
layaway upon relocation of some or all of the beds to a licensed and certified
facility located in Watertown, provided that the total project construction
costs related to the relocation of beds from layaway status for the Watertown
facility may not exceed the dollar threshold provided in subdivision 2 unless
the construction project has been approved through the moratorium exception
process under section 144A.073.
The property-related payment rate of the facility placing beds
on layaway status must be adjusted by the incremental change in its rental per
diem after recalculating the rental per diem as provided in section 256B.431,
subdivision 3a, paragraph (c). The
property-related payment rate for the facility relicensing and recertifying
beds from layaway status must be adjusted by the incremental change in its
rental per diem after recalculating its rental per diem using the number of
beds after the relicensing to establish the facility's capacity day divisor,
which shall be effective the first day of the month following the month in
which the relicensing and recertification became effective. Any beds remaining on layaway status more
than five years after the date the layaway status became effective must be
removed from layaway status and immediately delicensed and decertified;
(u) to license and certify beds that are moved within an
existing area of a facility or to a newly constructed addition which is built
for the purpose of eliminating three- and four-bed rooms and adding space for
dining, lounge areas, bathing rooms, and ancillary service areas in a nursing
home that, as of January 1, 1995, was located in Fridley and had a licensed
capacity of 129 beds;
(v) to relocate 36 beds in Crow Wing county and four beds from
Hennepin county to a 160-bed facility in Crow Wing county, provided all the
affected beds are under common ownership;
(w) to license and certify a total
replacement project of up to 49 beds located in Norman county that are
relocated from a nursing home destroyed by flood and whose residents were
relocated to other nursing homes. The
operating cost payment rates for the new nursing facility shall be determined
based on the interim and settle-up payment provisions of Minnesota Rules, part
9549.0057, and the reimbursement provisions of section 256B.431, except that
subdivision 26, paragraphs (a) and (b), shall not apply until the second rate
year after the settle-up cost report is filed.
Property-related reimbursement rates shall be determined under section
256B.431, taking into account any federal or state flood-related loans or
grants provided to the facility;
(x) to license and certify a total replacement project of up to
129 beds located in Polk county that are relocated from a nursing home
destroyed by flood and whose residents were relocated to other nursing
homes. The operating cost payment rates
for the new nursing facility shall be determined based on the interim and settle-up
payment provisions of Minnesota Rules, part 9549.0057, and the reimbursement
provisions of section 256B.431, except that subdivision 26, paragraphs (a) and
(b), shall not apply until the second rate year after the settle-up cost report
is filed. Property-related
reimbursement rates shall be determined under section 256B.431, taking into
account any federal or state flood-related loans or grants provided to the
facility;
(y) to license and certify beds in a renovation and remodeling
project to convert 13 three-bed wards into 13 two-bed rooms and 13 single-bed
rooms, expand space, and add improvements in a nursing home that, as of January
1, 1994, met the following conditions:
the nursing home was located in Ramsey county, was not owned by a hospital
corporation, had a licensed capacity of 64 beds, and had been ranked among the
top 15 applicants by the 1993 moratorium exceptions advisory review panel. The total project construction cost estimate
for this project must not exceed the cost estimate submitted in connection with
the 1993 moratorium exception process;
(z) to license and certify up to 150 nursing home beds to
replace an existing 285 bed nursing facility located in St. Paul. The replacement project shall include both
the renovation of existing buildings and the construction of new facilities at
the existing site. The reduction in the
licensed capacity of the existing facility shall occur during the construction
project as beds are taken out of service due to the construction process. Prior to the start of the construction process,
the facility shall provide written information to the commissioner of health
describing the process for bed reduction, plans for the relocation of
residents, and the estimated construction schedule. The relocation of residents shall be in accordance with the
provisions of law and rule;
(aa) to allow the commissioner of human services to license an
additional 36 beds to provide residential services for the physically
handicapped under Minnesota Rules, parts 9570.2000 to 9570.3400, in a 198-bed nursing
home located in Red Wing, provided that the total number of licensed and
certified beds at the facility does not increase;
(bb) to license and certify a new facility in St. Louis county
with 44 beds constructed to replace an existing facility in St. Louis county
with 31 beds, which has resident rooms on two separate floors and an antiquated
elevator that creates safety concerns for residents and prevents nonambulatory
residents from residing on the second floor.
The project shall include the elimination of three- and four-bed rooms;
(cc) to license and certify four beds in a 16-bed certified
boarding care home in Minneapolis to replace beds that were voluntarily
delicensed and decertified on or before March 31, 1992. The licensure and certification is
conditional upon the facility periodically assessing and adjusting its resident
mix and other factors which may contribute to a potential institution for
mental disease declaration. The
commissioner of human services shall retain the authority to audit the facility
at any time and shall require the facility to comply with any requirements
necessary to prevent an institution for mental disease declaration, including
delicensure and decertification of beds, if necessary;
(dd) to license and certify 72 beds in an existing facility in
Mille Lacs county with 80 beds as part of a renovation project. The renovation must include construction of
an addition to accommodate ten residents with beginning and midstage dementia
in a self-contained living unit; creation of three resident households where
dining, activities, and support spaces are located near resident living
quarters; designation of four beds for rehabilitation in a self-contained area;
designation of 30 private rooms; and other improvements;
(ee) to license and certify beds in a
facility that has undergone replacement or remodeling as part of a planned
closure under section 256B.437;
(ff) to license and certify a total replacement project of up
to 124 beds located in Wilkin county that are in need of relocation from a
nursing home significantly damaged by flood. The operating cost payment rates
for the new nursing facility shall be determined based on the interim and
settle-up payment provisions of Minnesota Rules, part 9549.0057, and the reimbursement
provisions of section 256B.431, except that section 256B.431, subdivision 26,
paragraphs (a) and (b), shall not apply until the second rate year after the
settle-up cost report is filed.
Property-related reimbursement rates shall be determined under section
256B.431, taking into account any federal or state flood-related loans or
grants provided to the facility;
(gg) to allow the commissioner of human services to license an
additional nine beds to provide residential services for the physically
handicapped under Minnesota Rules, parts 9570.2000 to 9570.3400, in a 240-bed
nursing home located in Duluth, provided that the total number of licensed and
certified beds at the facility does not increase;
(hh) to license and certify up to 120 new nursing facility beds
to replace beds in a facility in Anoka county, which was licensed for 98 beds
as of July 1, 2000, provided the new facility is located within four miles of
the existing facility and is in Anoka county.
Operating and property rates shall be determined and allowed under
section 256B.431 and Minnesota Rules, parts 9549.0010 to 9549.0080, or section
256B.434 or 256B.435. The provisions of
section 256B.431, subdivision 26, paragraphs (a) and (b), do not apply until
the second rate year following settle‑up; or
(ii) to transfer up to 98 beds of a 129-licensed bed facility
located in Anoka county that, as of March 25, 2001, is in the active process of
closing, to a 122-licensed bed nonprofit nursing facility located in the city
of Columbia Heights or its affiliate.
The transfer is effective when the receiving facility notifies the
commissioner in writing of the number of beds accepted. The commissioner shall place all transferred
beds on layaway status held in the name of the receiving facility. The layaway adjustment provisions of section
256B.431, subdivision 30, do not apply to this layaway. The receiving facility
may only remove the beds from layaway for recertification and relicensure at
the receiving facility's current site, or at a newly constructed facility
located in Anoka county. The receiving
facility must receive statutory authorization before removing these beds from
layaway status; or
(jj) to license and certify beds as part of a project involving
the construction of a new addition, conversion of existing space to a
special care unit and short-term rehabilitation unit, expansion of
dining and activity facilities, and related remodeling and improvements,
in a nursing facility located in Hubbard county licensed for 124 beds
as of March 3, 2003, provided that the total number of licensed and
certified beds at the facility does not increase.
Sec. 10. Minnesota
Statutes 2002, section 144A.10, is amended by adding a subdivision to read:
Subd. 16.
[INDEPENDENT INFORMAL DISPUTE RESOLUTION.] (a) Notwithstanding
subdivision 15, a facility certified under the federal Medicare or
Medicaid programs may request from the commissioner, in writing, an
independent informal dispute resolution process regarding any deficiency
citation issued to the facility.
The facility must specify in its written request each deficiency
citation that it disputes. The
commissioner shall provide a hearing under sections 14.57 to 14.62. Upon the written request of the
facility, the parties must submit the issues raised to arbitration by an
administrative law judge.
(b) Upon receipt of a written request for an arbitration
proceeding, the commissioner shall file with the office of administrative
hearings a request for the appointment of an arbitrator and
simultaneously serve the facility with notice of the request. The arbitrator for the dispute shall be an
administrative law judge appointed by the office of administrative
hearings. The disclosure provisions of
section 572.10 and the notice provisions of section 572.12 apply. The facility and the commissioner
have the right to be represented by an attorney.
(c) The commissioner and the
facility may present written evidence, depositions, and oral statements
and arguments at the arbitration proceeding. Oral statements and arguments may be made by telephone.
(d) Within ten working days of the close of the arbitration
proceeding, the administrative law judge shall issue findings regarding
each of the deficiencies in dispute.
The findings shall be one or more of the following:
(1) Supported in full.
The citation is supported in full, with no deletion of findings
and no change in the scope or severity assigned to the deficiency
citation.
(2) Supported in substance.
The citation is supported, but one or more findings are deleted
without any change in the scope or severity assigned to the deficiency.
(3) Deficient practice cited under wrong requirement of participation. The citation is amended by moving it to the
correct requirement of participation.
(4) Scope not supported.
The citation is amended through a change in the scope assigned to
the citation.
(5) Severity not supported.
The citation is amended through a change in the severity assigned
to the citation.
(6) No deficient practice.
The citation is deleted because the findings did not support the
citation or the negative resident outcome was unavoidable. The findings of the arbitrator are
not binding on the commissioner.
(e) The commissioner shall reimburse the office of administrative
hearings for the costs incurred by that office for the arbitration
proceeding. The facility shall
reimburse the commissioner for the proportion of the costs that
represent the sum of deficiency citations supported in full under paragraph
(d), clause (1), or in substance under paragraph (d), clause (2),
divided by the total number of deficiencies disputed. A deficiency citation for which the
administrative law judge's sole finding is that the deficient practice
was cited under the wrong requirements of participation shall not be
counted in the numerator or denominator in the calculation of the
proportion of costs.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 11. [144A.351]
[BALANCING LONG-TERM CARE: REPORT
REQUIRED.]
The commissioners of health and human services, with the
cooperation of counties and regional entities, shall prepare a report
to the legislature by January 15, 2004, and biennially thereafter,
regarding the status of the full range of long-term care services for
the elderly in Minnesota. The report
shall address:
(1) demographics and need for long-term care in Minnesota;
(2) summary of county and regional reports on long-term care
gaps, surpluses, imbalances, and corrective action plans;
(3) status of long-term care services by county and region
including:
(i) changes in availability of the range of long-term care
services and housing options;
(ii) access problems regarding long-term care; and
(iii) comparative measures of long-term care availability
and progress over time; and
(4) recommendations regarding goals for the future of long-term
care services, policy changes, and resource needs.
Sec. 12. Minnesota
Statutes 2002, section 144A.4605, subdivision 4, is amended to read:
Subd. 4. [LICENSE
REQUIRED.] (a) A housing with services establishment registered under chapter
144D that is required to obtain a home care license must obtain an assisted
living home care license according to this section or a class A or class E
license according to rule. A housing
with services establishment that obtains a class E license under this
subdivision remains subject to the payment limitations in sections 256B.0913,
subdivision 5 5f, paragraph (h) (b), and 256B.0915,
subdivision 3, paragraph (g) 3d.
(b) A board and lodging establishment registered for special
services as of December 31, 1996, and also registered as a housing with
services establishment under chapter 144D, must deliver home care services
according to sections 144A.43 to 144A.47, and may apply for a waiver from
requirements under Minnesota Rules, parts 4668.0002 to 4668.0240, to operate a
licensed agency under the standards of section 157.17. Such waivers as may be granted by the department
will expire upon promulgation of home care rules implementing section
144A.4605.
(c) An adult foster care provider licensed by the department of
human services and registered under chapter 144D may continue to provide
health-related services under its foster care license until the promulgation of
home care rules implementing this section.
(d) An assisted living home care provider licensed under this
section must comply with the disclosure provisions of section 325F.72 to the
extent they are applicable.
Sec. 13. Minnesota
Statutes 2002, section 245A.04, subdivision 3b, is amended to read:
Subd. 3b.
[RECONSIDERATION OF DISQUALIFICATION.] (a) The individual who is the
subject of the disqualification may request a reconsideration of the
disqualification.
The individual must submit the request for reconsideration to
the commissioner in writing. A request
for reconsideration for an individual who has been sent a notice of
disqualification under subdivision 3a, paragraph (b), clause (1) or (2), must
be submitted within 30 calendar days of the disqualified individual's receipt
of the notice of disqualification. Upon
showing that the information in clause (1) or (2) cannot be obtained within 30
days, the disqualified individual may request additional time, not to exceed 30
days, to obtain that information. A
request for reconsideration for an individual who has been sent a notice of
disqualification under subdivision 3a, paragraph (b), clause (3), must be
submitted within 15 calendar days of the disqualified individual's receipt of
the notice of disqualification. An
individual who was determined to have maltreated a child under section 626.556
or a vulnerable adult under section 626.557, and who was disqualified under
this section on the basis of serious or recurring maltreatment, may request
reconsideration of both the maltreatment and the disqualification
determinations. The request for
reconsideration of the maltreatment determination and the disqualification must
be submitted within 30 calendar days of the individual's receipt of the notice
of disqualification. Removal of a disqualified individual from direct contact
shall be ordered if the individual does not request reconsideration within the
prescribed time, and for an individual who submits a timely request for
reconsideration, if the disqualification is not set aside. The individual must present information
showing that:
(1) the information the commissioner relied upon in determining
that the underlying conduct giving rise to the disqualification occurred, and
for maltreatment, that the maltreatment was serious or recurring, is incorrect;
or
(2) the subject of the study does not pose a risk of harm to
any person served by the applicant, license holder, or registrant under section
144A.71, subdivision 1.
(b) The commissioner shall rescind the disqualification if the
commissioner finds that the information relied on to disqualify the subject is
incorrect. The commissioner may set
aside the disqualification under this section if the commissioner finds that
the individual does not pose a risk of harm to any person served by the
applicant, license holder, or registrant under
section 144A.71, subdivision 1. In
determining that an individual does not pose a risk of harm, the commissioner
shall consider the nature, severity, and consequences of the event or events
that lead to disqualification, whether there is more than one disqualifying
event, the age and vulnerability of the victim at the time of the event, the
harm suffered by the victim, the similarity between the victim and persons
served by the program, the time elapsed without a repeat of the same or similar
event, documentation of successful completion by the individual studied of
training or rehabilitation pertinent to the event, and any other information
relevant to reconsideration. In
reviewing a disqualification under this section, the commissioner shall give
preeminent weight to the safety of each person to be served by the license
holder, applicant, or registrant under section 144A.71, subdivision 1, over the
interests of the license holder, applicant, or registrant under section
144A.71, subdivision 1.
(c) Unless the information the commissioner relied on in
disqualifying an individual is incorrect, the commissioner may not set aside
the disqualification of an individual in connection with a license to provide
family day care for children, foster care for children in the provider's own
home, or foster care or day care services for adults in the provider's own home
if:
(1) less than ten years have passed since the discharge of the
sentence imposed for the offense; and the individual has been convicted of a
violation of any offense listed in sections 609.165 (felon ineligible to
possess firearm), criminal vehicular homicide under 609.21 (criminal vehicular
homicide and injury), 609.215 (aiding suicide or aiding attempted suicide),
felony violations under 609.223 or 609.2231 (assault in the third or fourth
degree), 609.713 (terroristic threats), 609.235 (use of drugs to injure or to
facilitate crime), 609.24 (simple robbery), 609.255 (false imprisonment),
609.562 (arson in the second degree), 609.71 (riot), 609.498, subdivision 1 or 1a
1b (aggravated first degree or first degree tampering with a witness),
burglary in the first or second degree under 609.582 (burglary), 609.66
(dangerous weapon), 609.665 (spring guns), 609.67 (machine guns and
short-barreled shotguns), 609.749, subdivision 2 (gross misdemeanor harassment;
stalking), 152.021 or 152.022 (controlled substance crime in the first or
second degree), 152.023, subdivision 1, clause (3) or (4), or subdivision 2,
clause (4) (controlled substance crime in the third degree), 152.024,
subdivision 1, clause (2), (3), or (4) (controlled substance crime in the
fourth degree), 609.224, subdivision 2, paragraph (c) (fifth-degree assault by
a caregiver against a vulnerable adult), 609.23 (mistreatment of persons
confined), 609.231 (mistreatment of residents or patients), 609.2325 (criminal
abuse of a vulnerable adult), 609.233 (criminal neglect of a vulnerable adult),
609.2335 (financial exploitation of a vulnerable adult), 609.234 (failure to
report), 609.265 (abduction), 609.2664 to 609.2665 (manslaughter of an unborn
child in the first or second degree), 609.267 to 609.2672 (assault of an unborn
child in the first, second, or third degree), 609.268 (injury or death of an
unborn child in the commission of a crime), 617.293 (disseminating or
displaying harmful material to minors), a felony level conviction involving
alcohol or drug use, a gross misdemeanor offense under 609.324, subdivision 1
(other prohibited acts), a gross misdemeanor offense under 609.378 (neglect or
endangerment of a child), a gross misdemeanor offense under 609.377 (malicious
punishment of a child), 609.72, subdivision 3 (disorderly conduct against a vulnerable
adult); or an attempt or conspiracy to commit any of these offenses, as each of
these offenses is defined in Minnesota Statutes; or an offense in any other
state, the elements of which are substantially similar to the elements of any
of the foregoing offenses;
(2) regardless of how much time has passed since the
involuntary termination of parental rights under section 260C.301 or the
discharge of the sentence imposed for the offense, the individual was convicted
of a violation of any offense listed in sections 609.185 to 609.195 (murder in
the first, second, or third degree), 609.20 (manslaughter in the first degree),
609.205 (manslaughter in the second degree), 609.245 (aggravated robbery),
609.25 (kidnapping), 609.561 (arson in the first degree), 609.749, subdivision
3, 4, or 5 (felony-level harassment; stalking), 609.228 (great bodily harm
caused by distribution of drugs), 609.221 or 609.222 (assault in the first or
second degree), 609.66, subdivision 1e (drive-by shooting), 609.855, subdivision
5 (shooting in or at a public transit vehicle or facility), 609.2661 to
609.2663 (murder of an unborn child in the first, second, or third degree), a
felony offense under 609.377 (malicious punishment of a child), a felony
offense under 609.324, subdivision 1 (other prohibited acts), a felony offense
under 609.378 (neglect or endangerment of a child), 609.322 (solicitation,
inducement, and promotion of prostitution), 609.342 to 609.345 (criminal sexual
conduct in the first, second, third, or fourth degree), 609.352 (solicitation
of children to engage in sexual conduct), 617.246 (use of minors in a sexual
performance), 617.247 (possession of
pictorial representations of a minor), 609.365 (incest), a felony offense under
sections 609.2242 and 609.2243 (domestic assault), a felony offense of spousal
abuse, a felony offense of child abuse or neglect, a felony offense of a crime
against children, or an attempt or conspiracy to commit any of these offenses
as defined in Minnesota Statutes, or an offense in any other state, the
elements of which are substantially similar to any of the foregoing offenses;
(3) within the seven years preceding the study, the individual
committed an act that constitutes maltreatment of a child under section
626.556, subdivision 10e, and that resulted in substantial bodily harm as
defined in section 609.02, subdivision 7a, or substantial mental or emotional
harm as supported by competent psychological or psychiatric evidence; or
(4) within the seven years preceding the study, the individual
was determined under section 626.557 to be the perpetrator of a substantiated
incident of maltreatment of a vulnerable adult that resulted in substantial
bodily harm as defined in section 609.02, subdivision 7a, or substantial mental
or emotional harm as supported by competent psychological or psychiatric
evidence.
In the case of any ground for disqualification under clauses
(1) to (4), if the act was committed by an individual other than the applicant,
license holder, or registrant under section 144A.71, subdivision 1, residing in
the applicant's or license holder's home, or the home of a registrant under
section 144A.71, subdivision 1, the applicant, license holder, or registrant
under section 144A.71, subdivision 1, may seek reconsideration when the
individual who committed the act no longer resides in the home.
The disqualification periods provided under clauses (1), (3),
and (4) are the minimum applicable disqualification periods. The commissioner may determine that an
individual should continue to be disqualified from licensure or registration
under section 144A.71, subdivision 1, because the license holder, applicant, or
registrant under section 144A.71, subdivision 1, poses a risk of harm to a
person served by that individual after the minimum disqualification period has
passed.
(d) The commissioner shall respond in writing or by electronic
transmission to all reconsideration requests for which the basis for the
request is that the information relied upon by the commissioner to disqualify
is incorrect or inaccurate within 30 working days of receipt of a request and
all relevant information. If the basis
for the request is that the individual does not pose a risk of harm, the
commissioner shall respond to the request within 15 working days after
receiving the request for reconsideration and all relevant information. If the request is based on both the
correctness or accuracy of the information relied on to disqualify the
individual and the risk of harm, the commissioner shall respond to the request
within 45 working days after receiving the request for reconsideration and all
relevant information. If the
disqualification is set aside, the commissioner shall notify the applicant or
license holder in writing or by electronic transmission of the decision.
(e) Except as provided in subdivision 3c, if a disqualification
for which reconsideration was requested is not set aside or is not rescinded,
an individual who was disqualified on the basis of a preponderance of evidence
that the individual committed an act or acts that meet the definition of any of
the crimes listed in subdivision 3d, paragraph (a), clauses (1) to (4); or for
failure to make required reports under section 626.556, subdivision 3, or
626.557, subdivision 3, pursuant to subdivision 3d, paragraph (a), clause (4),
may request a fair hearing under section 256.045. Except as provided under subdivision 3c, the fair hearing is the
only administrative appeal of the final agency determination, specifically,
including a challenge to the accuracy and completeness of data under section
13.04.
(f) Except as provided under subdivision 3c, if an individual
was disqualified on the basis of a determination of maltreatment under section
626.556 or 626.557, which was serious or recurring, and the individual has
requested reconsideration of the maltreatment determination under section
626.556, subdivision 10i, or 626.557, subdivision 9d, and also requested
reconsideration of the disqualification under this subdivision, reconsideration
of the maltreatment determination and
reconsideration of the disqualification shall be consolidated into a single
reconsideration. For maltreatment and
disqualification determinations made by county agencies, the consolidated
reconsideration shall be conducted by the county agency. If the county agency has disqualified an
individual on multiple bases, one of which is a county maltreatment
determination for which the individual has a right to request reconsideration, the
county shall conduct the reconsideration of all disqualifications. Except as provided under subdivision 3c, if
an individual who was disqualified on the basis of serious or recurring
maltreatment requests a fair hearing on the maltreatment determination under
section 626.556, subdivision 10i, or 626.557, subdivision 9d, and requests a
fair hearing on the disqualification, which has not been set aside or rescinded
under this subdivision, the scope of the fair hearing under section 256.045
shall include the maltreatment determination and the disqualification. Except as provided under subdivision 3c, a
fair hearing is the only administrative appeal of the final agency
determination, specifically, including a challenge to the accuracy and
completeness of data under section 13.04.
(g) In the notice from the commissioner that a disqualification
has been set aside, the license holder must be informed that information about
the nature of the disqualification and which factors under paragraph (b) were
the bases of the decision to set aside the disqualification is available to the
license holder upon request without consent of the background study
subject. With the written consent of a
background study subject, the commissioner may release to the license holder
copies of all information related to the background study subject's
disqualification and the commissioner's decision to set aside the
disqualification as specified in the written consent.
Sec. 14. Minnesota
Statutes 2002, section 256.9657, subdivision 1, is amended to read:
Subdivision 1. [NURSING
HOME LICENSE SURCHARGE.] (a) Effective July 1, 1993, each non-state-operated
nursing home licensed under chapter 144A shall pay to the commissioner an
annual surcharge according to the schedule in subdivision 4. The surcharge
shall be calculated as $620 per licensed bed.
If the number of licensed beds is reduced, the surcharge shall be based
on the number of remaining licensed beds the second month following the receipt
of timely notice by the commissioner of human services that beds have been delicensed. The nursing home must notify the
commissioner of health in writing when beds are delicensed. The commissioner of health must notify the
commissioner of human services within ten working days after receiving written
notification. If the notification is
received by the commissioner of human services by the 15th of the month, the
invoice for the second following month must be reduced to recognize the
delicensing of beds. Beds on layaway
status continue to be subject to the surcharge. The commissioner of human services must acknowledge a medical
care surcharge appeal within 30 days of receipt of the written appeal from the
provider.
(b) Effective July 1, 1994, the surcharge in paragraph (a)
shall be increased to $625.
(c) Effective August 15, 2002, the surcharge under paragraph
(b) shall be increased to $990.
(d) Effective July 15, 2003, the surcharge under paragraph
(c) shall be increased to $2,700.
(e) The commissioner may reduce, and may subsequently restore,
the surcharge under paragraph (d) based on the commissioner's
determination of a permissible surcharge.
(f) Between April 1, 2002, and August 15, adjustments
in sections 256B.431, subdivisions 30 and 32; 256B.437, subdivision 3,
paragraph (b), Minnesota Rules, part 9549.0057, and any other applicable
legislation enacted prior to the finalization of rates, facilities assuming
full participation in medical assistance under this paragraph are not eligible
for any rate adjustments until the July 1 following their settle-up period. 2003 2004,
a facility governed by this subdivision may elect to assume full participation
in the medical assistance program by agreeing to comply with all of the
requirements of the medical assistance program, including the rate equalization
law in section 256B.48, subdivision 1, paragraph (a), and all other
requirements established in law or rule, and to begin intake of new medical
assistance recipients. Rates will be
determined under Minnesota Rules, parts 9549.0010 to 9549.0080. Notwithstanding section 256B.431,
subdivision 27, paragraph (i), rate calculations will be subject to limits as
prescribed in rule and law. Other than the
[EFFECTIVE DATE.] This
section is effective June 30, 2003.
Sec. 15. Minnesota
Statutes 2002, section 256.9657, is amended by adding a subdivision to read:
Subd. 3a.
[ICF/MR LICENSE SURCHARGE.] Effective July 1, 2003, each
nonstate-operated facility as defined under section 256B.501,
subdivision 1, shall pay to the commissioner an annual surcharge
according to the schedule in subdivision 4, paragraph (d). The annual surcharge shall be $1,040 per
licensed bed. If the number of
licensed beds is reduced, the surcharge shall be based on the number of
remaining licensed beds the second month following the receipt of timely
notice by the commissioner of human services that beds have been
delicensed. The facility must
notify the commissioner of health in writing when beds are delicensed. The commissioner of health must notify the
commissioner of human services within ten working days after receiving
written notification. If the
notification is received by the commissioner of human services by the
15th of the month, the invoice for the second following month must be
reduced to recognize the delicensing of beds. The commissioner may reduce, and may subsequently restore,
the surcharge under this subdivision based on the commissioner's
determination of a permissible surcharge.
Sec. 16. Minnesota
Statutes 2002, section 256.9657, subdivision 4, is amended to read:
Subd. 4. [PAYMENTS INTO
THE ACCOUNT.] (a) Payments to the commissioner under subdivisions 1 to 3 must
be paid in monthly installments due on the 15th of the month beginning October
15, 1992. The monthly payment must be
equal to the annual surcharge divided by 12.
Payments to the commissioner under subdivisions 2 and 3 for fiscal year
1993 must be based on calendar year 1990 revenues. Effective July 1 of each year, beginning in 1993, payments under
subdivisions 2 and 3 must be based on revenues earned in the second previous
calendar year.
(b) Effective October 1, 1995, and each October 1 thereafter,
the payments in subdivisions 2 and 3 must be based on revenues earned in the
previous calendar year.
(c) If the commissioner of health does not provide by August 15
of any year data needed to update the base year for the hospital and health
maintenance organization surcharges, the commissioner of human services may
estimate base year revenue and use that estimate for the purposes of this
section until actual data is provided by the commissioner of health.
(d) Payments to the commissioner under subdivision 3a must
be paid in monthly installments due on the 15th of the month beginning
August 15, 2003. The monthly payment
must be equal to the annual surcharge divided by 12.
Sec. 17. Minnesota
Statutes 2002, section 256.9754, subdivision 2, is amended to read:
Subd. 2. [CREATION.] The
community services development grants program There is created under
the administration of the commissioner of human services the
consolidated ElderCare development grant fund for the purpose of
rebalancing the long-term care system and increasing home and
community-based care alternatives that sustain independent living.
Sec. 18. Minnesota Statutes 2002, section 256.9754, subdivision 3, is
amended to read:
Subd. 3. [PROVISION OF
GRANTS.] The commissioner shall make grants available to communities,
providers of older adult services identified in subdivision 1, or to a
consortium of providers of older adult services, to establish older adult
services. Grants may be provided
for capital and other costs including, but not limited to, start-up and
training costs, equipment, and supplies related to older adult services or
other residential or service alternatives to nursing facility care. Grants may
also be made to renovate current buildings, provide transportation services,
fund programs that would allow older adults or disabled individuals to stay in
their own homes by sharing a home, fund programs that coordinate and manage
formal and informal services to older adults in their homes to enable them to
live as independently as possible in their own homes as an alternative to
nursing home care, or expand state-funded programs in the area. Other services eligible for funding include: transportation; chore services and
homemaking; home health care and personal care assistance; care
coordination; housing with services, such as assisted living and foster
care; home modification; adult day services; caregiver support and respite;
living-at-home block nurse; service integration and development;
telemedicine, telehomecare, or other technology-based solutions; grocery
shopping; and services identified as needed for community transition.
Sec. 19. Minnesota
Statutes 2002, section 256.9754, subdivision 4, is amended to read:
Subd. 4. [ELIGIBILITY.]
Grants may be awarded only to communities and providers, including
for-profits, nonprofits, and governmental units, or to a consortium
of providers that have a local match of 25 percent in the form of cash or
in-kind services, except that for capital costs the match is 50
percent of the costs for the project in the form of donations, local tax
dollars, in-kind donations, fund-raising, or other local matches.
Sec. 20. Minnesota Statutes
2002, section 256.9754, subdivision 5, is amended to read:
Subd. 5. [GRANT
PREFERENCE.] The commissioner of human services shall give preference
when awarding grants under this section to areas where nursing facility
closures have occurred or are occurring.
The commissioner may award grants to the extent grant funds are
available and to the extent applications are approved by the commissioner. Denial of approval of an application in one
year does not preclude submission of an application in a subsequent year. The maximum grant amount is limited to
$750,000.
Sec. 21. Minnesota
Statutes 2002, section 256B.056, subdivision 6, is amended to read:
Subd. 6. [ASSIGNMENT OF
BENEFITS.] To be eligible for medical assistance a person must have applied or
must agree to apply all proceeds received or receivable by the person or the
person's section,
"the department of human services or the state" includes
prepaid health plans under contract with the commissioner according to
sections 256B.031, 256B.69, 256D.03, subdivision 4, paragraph (d), and
256L.12; children's mental health collaboratives under section 245.493;
demonstration projects for persons with disabilities under section
256B.77; nursing facilities under the alternative payment demonstration
project under section 256B.434; and the county-based purchasing entities
under section 256B.692. spouse legal representative from any third person
party liable for the costs of medical care for the person, the
spouse, and children. The state
agency shall require from any applicant or recipient of medical assistance the
assignment of any rights to medical support and third party payments. By accepting or receiving
assistance, the person is deemed to have assigned the person's rights to
medical support and third party payments as required by Title 19 of the
Social Security Act. Persons must
cooperate with the state in establishing paternity and obtaining third party
payments. By signing an application
for accepting medical assistance, a person assigns to the department
of human services all rights the person may have to medical support or payments
for medical expenses from any other person or entity on their own or their
dependent's behalf and agrees to cooperate with the state in establishing
paternity and obtaining third party payments.
Any rights or amounts so assigned shall be applied against the cost of
medical care paid for under this chapter.
Any assignment takes effect upon the determination that the applicant is
eligible for medical assistance and up to three months prior to the date of
application if the applicant is determined eligible for and receives medical
assistance benefits. The application
must contain a statement explaining this assignment. Any assignment shall not be effective as to benefits paid or
provided under automobile accident coverage and private health care coverage
prior to notification of the assignment by the person or organization providing
the benefits. For the purposes
of this
Sec. 22. Minnesota
Statutes 2002, section 256B.064, subdivision 2, is amended to read:
Subd. 2. [IMPOSITION OF
MONETARY RECOVERY AND SANCTIONS.] (a) The commissioner shall determine any
monetary amounts to be recovered and sanctions to be imposed upon a vendor of
medical care under this section. Except
as provided in paragraph paragraphs (b) and (d), neither a
monetary recovery nor a sanction will be imposed by the commissioner without
prior notice and an opportunity for a hearing, according to chapter 14, on the
commissioner's proposed action, provided that the commissioner may suspend or
reduce payment to a vendor of medical care, except a nursing home or
convalescent care facility, after notice and prior to the hearing if in the
commissioner's opinion that action is necessary to protect the public welfare
and the interests of the program.
(b) Except for a nursing home or convalescent care facility,
the commissioner may withhold or reduce payments to a vendor of medical care
without providing advance notice of such withholding or reduction if either of
the following occurs:
(1) the vendor is convicted of a crime involving the conduct
described in subdivision 1a; or
(2) the commissioner receives reliable evidence of fraud or
willful misrepresentation by the vendor.
(c) The commissioner must send notice of the withholding or
reduction of payments under paragraph (b) within five days of taking such
action. The notice must:
(1) state that payments are being withheld according to
paragraph (b);
(2) except in the case of a conviction for conduct described in
subdivision 1a, state that the withholding is for a temporary period and cite
the circumstances under which withholding will be terminated;
(3) identify the types of claims to which the withholding
applies; and
(4) inform the vendor of the right to submit written evidence
for consideration by the commissioner.
The withholding or reduction of payments will not continue
after the commissioner determines there is insufficient evidence of fraud or
willful misrepresentation by the vendor, or after legal proceedings relating to
the alleged fraud or willful misrepresentation are completed, unless the
commissioner has sent notice of intention to impose monetary recovery or
sanctions under paragraph (a).
(d) The commissioner may suspend or terminate a vendor's
participation in the program without providing advance notice and an
opportunity for a hearing when the suspension or termination is required
because of the vendor's exclusion from participation in Medicare. Within five days of taking such action,
the commissioner must send notice of the suspension or termination. The notice must:
(1) state that suspension or termination is the result of
the vendor's exclusion from Medicare;
(2) identify the effective date of the suspension or termination;
(3) inform the vendor of the need
to be reinstated to Medicare before reapplying for participation in the
program; and
(4) inform the vendor of the right to submit written evidence
for consideration by the commissioner.
(e) Upon receipt of a notice under paragraph (a) that a
monetary recovery or sanction is to be imposed, a vendor may request a
contested case, as defined in section 14.02, subdivision 3, by filing with the
commissioner a written request of appeal.
The appeal request must be received by the commissioner no later than 30
days after the date the notification of monetary recovery or sanction was
mailed to the vendor. The appeal
request must specify:
(1) each disputed item, the reason for the dispute, and an estimate
of the dollar amount involved for each disputed item;
(2) the computation that the vendor believes is correct;
(3) the authority in statute or rule upon which the vendor
relies for each disputed item;
(4) the name and address of the person or entity with whom
contacts may be made regarding the appeal; and
(5) other information required by the commissioner.
Sec. 23. Minnesota
Statutes 2002, section 256B.0913, subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY
FOR SERVICES.] Alternative care services are available to Minnesotans age 65 or
older who are not eligible for medical assistance without a spenddown or
waiver obligation but who would be eligible for medical assistance within
180 days of admission to a nursing facility and subject to subdivisions 4 to
13.
Sec. 24. Minnesota
Statutes 2002, section 256B.0913, subdivision 4, is amended to read:
Subd. 4. [ELIGIBILITY
FOR FUNDING FOR SERVICES FOR NONMEDICAL ASSISTANCE RECIPIENTS.] (a) Funding for
services under the alternative care program is available to persons who meet
the following criteria:
(1) the person has been determined by a community assessment
under section 256B.0911 to be a person who would require the level of care
provided in a nursing facility, but for the provision of services under the
alternative care program;
(2) the person is age 65 or older;
(3) the person would be eligible for medical assistance within
180 days of admission to a nursing facility;
(4) the person is not ineligible for the medical assistance
program due to an asset transfer penalty;
(5) the person needs services that are not funded through other
state or federal funding; and
(6) the monthly cost of the alternative care services funded by
the program for this person does not exceed 75 percent of the system,
under section 256B.437, for nursing home rate determination is implemented and
the first day of each subsequent state fiscal year, the monthly cost of
alternative care services for this person shall not exceed the alternative care
monthly cap for the case mix resident class to which the alternative care
client would be assigned under Minnesota Rules, parts 9549.0050 to 9549.0059,
which was in effect on the last day of the previous state fiscal year, and
adjusted by the greater of any legislatively adopted home and community-based
services cost-of-living percentage increase or any legislatively adopted
statewide percent rate increase for nursing facilities monthly limit
described under section 256B.0915, subdivision 3a. This monthly limit does not prohibit the
alternative care client from payment for additional services, but in no case
may the cost of additional services purchased under this section exceed the difference
between the client's monthly service limit defined under section 256B.0915,
subdivision 3, and the alternative care program monthly service limit defined
in this paragraph. If medical supplies
and equipment or environmental modifications are or will be purchased for an
alternative care services recipient, the costs may be prorated on a monthly
basis for up to 12 consecutive months beginning with the month of
purchase. If the monthly cost of a
recipient's other alternative care services exceeds the monthly limit
established in this paragraph, the annual cost of the alternative care services
shall be determined. In this event, the
annual cost of alternative care services shall not exceed 12 times the monthly limit
described in this paragraphstatewide
weighted average monthly nursing facility rate of the case mix resident class
to which the individual alternative care client would be assigned under
Minnesota Rules, parts 9549.0050 to 9549.0059, less the recipient's maintenance
needs allowance as described in section 256B.0915, subdivision 1d, paragraph
(a), until the first day of the state fiscal year in which the resident
assessment system, under section 256B.437, for nursing home rate determination
is implemented. Effective on the first
day of the state fiscal year in which a resident assessment .; and
(7) the person is making timely payments of the assessed
monthly premium charge. A person is
ineligible if payment or the assessed monthly premium charge is over 60
days past due. Following disenrollment due to nonpayment of a monthly
premium, eligibility shall not be reinstated for a period of 90 days
pending eligibility redetermination.
(b) Alternative care funding under this subdivision is not
available for a person who is a medical assistance recipient or who would be
eligible for medical assistance without a spenddown or waiver obligation. A person whose initial application for
medical assistance and the elderly waiver program is being processed may
be served under the alternative care program for a period up to 60 days. If the individual is found to be eligible
for medical assistance, medical assistance must be billed for services payable
under the federally approved elderly waiver plan and delivered from the date
the individual was found eligible for the federally approved elderly waiver
plan. Notwithstanding this provision, upon federal approval, alternative
care funds may not be used to pay for any service the cost of which: (i) is payable by medical assistance or
which; (ii) is used by a recipient to meet a medical assistance
income spenddown or waiver obligation; or (iii) is used to pay a medical
assistance income spenddown for a person who is eligible to participate
in the federally approved elderly waiver program under the special
income standard provision.
(c) Alternative care funding is not available for a person who
resides in a licensed nursing home, certified boarding care home, hospital, or
intermediate care facility, except for case management services which are
provided in support of the discharge planning process to for a
nursing home resident or certified boarding care home resident to assist
with a relocation process to a community-based setting.
(d) Alternative care funding is not available for a person
whose income is greater than the maintenance needs allowance under
section 256B.0915, subdivision 1d, but equal to or less than 120 percent
of the federal poverty guideline effective July 1, in the year for which
alternative care eligibility is determined, who would be eligible for
the elderly waiver with a waiver obligation.
Sec. 25. Minnesota
Statutes 2002, section 256B.0913, subdivision 5, is amended to read:
Subd. 5. [SERVICES
COVERED UNDER ALTERNATIVE CARE.] (a) Alternative care funding may be
used for payment of costs of:
(1) adult foster care;
(2) adult day care;
(3) home health aide;
(4) homemaker services;
(5) personal care;
(6) case management;
(7) respite care;
(8) assisted living;
(9) residential care services;
(10) care-related supplies and equipment;
(11) meals delivered to the home;
(12) transportation;
(13) nursing services;
(14) chore services;
(15) companion services;
(16) nutrition services;
(17) training for direct informal caregivers;
(18) telehome care devices to monitor recipients provide
services in their own homes as an alternative to hospital care,
nursing home care, or home in conjunction with in-home visits;
(19) other services which includes discretionary funds
and direct cash payments to clients, services, for which counties may
make payment from their alternative care program allocation or services
not otherwise defined in this section or section 256B.0625,
following approval by the commissioner, subject to the provisions of
paragraph (j). Total annual payments
for "other services" for all clients within a county may not exceed
25 percent of that county's annual alternative care program base allocation;
and
(20) environmental modifications.; and
(21) direct cash payments for which counties may make payment
from their alternative care program allocation to clients for the
purpose of purchasing services, following approval by the commissioner,
and subject to the provisions of subdivision 5h, until approval and
implementation of consumer-directed services through the federally
approved elderly waiver plan.
Upon implementation, consumer-directed services under the
alternative care program are available statewide and limited to the
average monthly expenditures representative of all alternative care
program participants for the same case mix resident class assigned in
the most recent fiscal year for which complete expenditure data is
available.
Total annual payments for discretionary services and
direct cash payments, until the federally approved consumer-directed
service option is implemented statewide, for all clients within a
county may not exceed 25 percent of that county's annual alternative
care program base allocation.
Thereafter, discretionary services are limited to 25 percent of
the county's annual alternative care program base allocation.
Subd. 5a.
[SERVICES; SERVICE DEFINITIONS; SERVICE STANDARDS.] (a) Unless
specified in statute, the services, service definitions, and standards
for alternative care services shall be the same as the services, service
definitions, and standards specified in the federally approved elderly
waiver plan, except for transitional support services.
(b) The county agency must ensure that the funds are not used
to supplant services available through other public assistance or services
programs.
(c) Unless specified in statute, the services, service
definitions, and standards for alternative care services shall be the same as
the services, service definitions, and standards specified in the federally
approved elderly waiver plan. Except
for the county agencies' approval of direct cash payments to clients as
described in paragraph (j) or For a provider of supplies and equipment when
the monthly cost of the supplies and equipment is less than $250, persons or
agencies must be employed by or under a contract with the county agency or the
public health nursing agency of the local board of health in order to receive
funding under the alternative care program. Supplies and equipment may be
purchased from a vendor not certified to participate in the Medicaid program if
the cost for the item is less than that of a Medicaid vendor.
(c) Personal care services must meet the service standards
defined in the federally approved elderly waiver plan, except that a
county agency may contract with a client's relative who meets the
relative hardship waiver requirements or a relative who meets the
criteria and is also the responsible party under an individual service
plan that ensures the client's health and safety and supervision of the
personal care services by a qualified professional as defined in section
256B.0625, subdivision 19c.
Relative hardship is established by the county when the client's
care causes a relative caregiver to do any of the following: resign from a paying job, reduce work hours
resulting in lost wages, obtain a leave of absence resulting in lost
wages, incur substantial client-related expenses, provide services to
address authorized, unstaffed direct care time, or meet special needs of
the client unmet in the formal service plan.
(d) Subd. 5b.
[ADULT FOSTER CARE RATE.] The adult foster care rate shall be considered
a difficulty of care payment and shall not include room and board. The adult foster care rate shall be
negotiated between the county agency and the foster care provider. The alternative care payment for the foster
care service in combination with the payment for other alternative care
services, including case management, must not exceed the limit specified in
subdivision 4, paragraph (a), clause (6).
(e) Personal care services must meet the service standards
defined in the federally approved elderly waiver plan, except that a county
agency may contract with a client's relative who meets the relative hardship
waiver requirement as defined in section 256B.0627, subdivision 4, paragraph
(b), clause (10), to provide personal care services if the county agency
ensures supervision of this service by a qualified professional as defined in
section 256B.0625, subdivision 19c.
specific goals and outcomes
established, and is not diversional or recreational in nature; (3) assisting
clients in setting up meetings and appointments; (4) assisting clients in
setting up medical and social services; (5) providing assistance with personal
laundry, such as carrying the client's laundry to the laundry room. Assistance
with personal laundry does not include any laundry, such as bed linen, that is
included in the room and board rate services as defined in section
157.17, subdivision 1, paragraph (a). "Health-related services" (f) Subd. 5c. [RESIDENTIAL CARE SERVICES; SUPPORTIVE SERVICES;
HEALTH-RELATED SERVICES.] For purposes of this section, residential care
services are services which are provided to individuals living in residential
care homes. Residential care homes are currently licensed as board and lodging
establishments under section 157.16, and are registered with the
department of health as providing special services under section 157.17 and
are not subject to registration except settings that are
currently registered under chapter 144D. Residential care services are defined
as "supportive services" and "health-related
services." "Supportive
services" means the provision of up to 24-hour supervision and
oversight. Supportive services includes:
(1) transportation, when provided by the residential care home only; (2)
socialization, when socialization is part of the plan of care, has are limited to minimal
assistance with dressing, grooming, and bathing and providing reminders to
residents to take medications that are self-administered or providing storage
for medications, if requested means services covered in section 157.17,
subdivision 1, paragraph (b).
Individuals receiving residential care services cannot receive
homemaking services funded under this section.
(g) Subd. 5d.
[ASSISTED LIVING SERVICES.] For the purposes of this section,
"assisted living" refers to supportive services provided by a single
vendor to clients who reside in the same apartment building of three or more
units which are not subject to registration under chapter 144D and are licensed
by the department of health as a class A home care provider or a class E home
care provider. Assisted living services
are defined as up to 24-hour supervision, and oversight, and
supportive services as defined in clause (1) section 157.17,
subdivision 1, paragraph (a), individualized home care aide tasks as
defined in clause (2) Minnesota Rules, part 4668.0110, and
individualized home management tasks as defined in clause (3) Minnesota
Rules, part 4668.0120 provided to residents of a residential center
living in their units or apartments with a full kitchen and bathroom. A full kitchen includes a stove, oven,
refrigerator, food preparation counter space, and a kitchen utensil storage
compartment. Assisted living services
must be provided by the management of the residential center or by providers
under contract with the management or with the county.
(1) Supportive services include:
(i) socialization, when socialization is part of the plan of
care, has specific goals and outcomes established, and is not diversional or
recreational in nature;
(ii) assisting clients in setting up meetings and
appointments; and
(iii) providing transportation, when provided by the
residential center only.
(2) Home care aide tasks means:
(i) preparing modified diets, such as diabetic or low sodium
diets;
(ii) reminding residents to take regularly scheduled
medications or to perform exercises;
(iii) household chores in the presence of technically
sophisticated medical equipment or episodes of acute illness or infectious
disease;
(iv) household chores when the resident's care requires the
prevention of exposure to infectious disease or containment of infectious
disease; and
(v) assisting with dressing, oral hygiene, hair care, grooming,
and bathing, if the resident is ambulatory, and if the resident has no serious
acute illness or infectious disease. Oral hygiene means care of teeth, gums,
and oral prosthetic devices.
(3) Home management tasks means:
(i) housekeeping;
(ii) laundry;
(iii) preparation of regular snacks and meals; and
(iv) shopping.
Subd. 5e.
[FURTHER ASSISTED LIVING REQUIREMENTS.] (a) Individuals receiving
assisted living services shall not receive both assisted living services and
homemaking services. Individualized means services are chosen and designed
specifically for each resident's needs, rather than provided or offered to all
residents regardless of their illnesses, disabilities, or physical
conditions. Assisted living services as
defined in this section shall not be authorized in boarding and lodging
establishments licensed according to sections 157.011 and 157.15 to 157.22.
(h) (b) For establishments registered under
chapter 144D, assisted living services under this section means either the
services described in paragraph (g) subdivision 5d and delivered
by a class E home care provider licensed by the department of health or the
services described under section 144A.4605 and delivered by an assisted living
home care provider or a class A home care provider licensed by the commissioner
of health.
(i) Subd. 5f.
[PAYMENT RATES FOR ASSISTED LIVING SERVICES AND RESIDENTIAL CARE.] (a)
Payment for assisted living services and residential care services shall be a
monthly rate negotiated and authorized by the county agency based on an
individualized service plan for each resident and may not cover direct rent or
food costs.
(1) (b) The individualized monthly negotiated
payment for assisted living services as described in paragraph (g) subdivision
5d or (h) 5e, paragraph (b), and residential care services as
described in paragraph (f) subdivision 5c, shall not exceed the
nonfederal share in effect on July 1 of the state fiscal year for which the
rate limit is being calculated of the greater of either the statewide or any of
the geographic groups' weighted average monthly nursing facility payment
rate of the case mix resident class to which the alternative care eligible
client would be assigned under Minnesota Rules, parts 9549.0050 to 9549.0059,
less the maintenance needs allowance as described in section 256B.0915,
subdivision 1d, paragraph (a), until the first day of the state fiscal year in
which a resident assessment system, under section 256B.437, of nursing home
rate determination is implemented.
Effective on the first day of the state fiscal year in which a resident
assessment system, under section 256B.437, of nursing home rate determination
is implemented and the first day of each subsequent state fiscal year, the
individualized monthly negotiated payment for the services described in this
clause shall not exceed the limit described in this clause which was in effect
on the last day of the previous state fiscal year and which has been adjusted
by the greater of any legislatively adopted home and community-based services
cost-of-living percentage increase or any legislatively adopted statewide
percent rate increase for nursing facilities groups according to
subdivision 4, paragraph (a), clause (6).
(2) (c) The individualized monthly negotiated
payment for assisted living services described under section 144A.4605 and
delivered by a provider licensed by the department of health as a class A home
care provider or an assisted living home care provider and provided in a
building that is registered as a housing with services establishment under
chapter 144D and that provides 24-hour supervision in combination with the
payment for other alternative care services, including case management, must
not exceed the limit specified in subdivision 4, paragraph (a), clause (6).
(j) Subd. 5g.
[PROVISIONS GOVERNING DIRECT CASH PAYMENTS.] A county agency may make
payment from their alternative care program allocation for "other
services" which include use of "discretionary funds" for
services that are not otherwise defined in this section and direct cash
payments to the client for the purpose of purchasing the services. The following provisions apply to payments
under this paragraph subdivision:
(1) a cash payment to a client under this provision cannot
exceed the monthly payment limit for that client as specified in subdivision 4,
paragraph (a), clause (6); and
(2) a county may not approve any cash payment for a client who
meets either of the following:
(i) has been assessed as having a dependency in orientation,
unless the client has an authorized representative. An "authorized representative" means an individual who
is at least 18 years of age and is designated by the person or the person's legal
representative to act on the person's behalf.
This individual may be a family member, guardian, representative payee,
or other individual designated by the person or the person's legal
representative, if any, to assist in purchasing and arranging for supports; or
(ii) is concurrently receiving adult foster care, residential
care, or assisted living services;.
(3) Subd. 5h. [CASH PAYMENTS TO PERSONS.] (a) Cash
payments to a person or a person's family will be provided through a monthly
payment and be in the form of cash, voucher, or direct county payment to a
vendor. Fees or premiums assessed to
the person for eligibility for health and human services are not reimbursable
through this service option. Services
and goods purchased through cash payments must be identified in the person's
individualized care plan and must meet all of the following criteria:
(i) (1) they must be over and above the normal
cost of caring for the person if the person did not have functional
limitations;
(ii) (2) they must be directly attributable to
the person's functional limitations;
(iii) (3) they must have the potential to be
effective at meeting the goals of the program; and
(iv) (4) they must be consistent with the needs
identified in the individualized service plan.
The service plan shall specify the needs of the person and family, the
form and amount of payment, the items and services to be reimbursed, and the
arrangements for management of the individual grant; and.
(v) (b) The person, the person's family, or the
legal representative shall be provided sufficient information to ensure an
informed choice of alternatives. The
local agency shall document this information in the person's care plan,
including the type and level of expenditures to be reimbursed;.
(c) Persons receiving grants under this section shall have
the following responsibilities:
(1) spend the grant money in a manner consistent with their
individualized service plan with the local agency;
(2) notify the local agency of any necessary changes in the
grant expenditures;
(3) arrange and pay for supports; and
(4) inform the local agency of areas where they have experienced
difficulty securing or maintaining supports.
(d) The county shall report client outcomes, services, and
costs under this paragraph in a manner prescribed by the commissioner.
(4) Subd. 5i.
[IMMUNITY.] The state of Minnesota, county, lead agency under contract,
or tribal government under contract to administer the alternative care program
shall not be liable for damages, injuries, or liabilities sustained through the
purchase of direct supports or goods by the person, the person's family, or the
authorized representative with funds received through the cash payments under
this section. Liabilities include, but
are not limited to, workers' compensation, the Federal Insurance Contributions
Act (FICA), or the Federal Unemployment Tax Act (FUTA);.
(5) persons receiving grants under
this section shall have the following responsibilities:
(i) spend the grant money in a manner consistent with their
individualized service plan with the local agency;
(ii) notify the local agency of any necessary changes in the
grant expenditures;
(iii) arrange and pay for supports; and
(iv) inform the local agency of areas where they have
experienced difficulty securing or maintaining supports; and
(6) the county shall report client outcomes, services, and
costs under this paragraph in a manner prescribed by the commissioner.
Sec. 26. Minnesota
Statutes 2002, section 256B.0913, subdivision 6, is amended to read:
Subd. 6. [ALTERNATIVE
CARE PROGRAM ADMINISTRATION.] (a) The alternative care program is
administered by the county agency. This
agency is the lead agency responsible for the local administration of the
alternative care program as described in this section. However, it may contract with the public
health nursing service to be the lead agency.
The commissioner may contract with federally recognized Indian tribes
with a reservation in Minnesota to serve as the lead agency responsible for the
local administration of the alternative care program as described in the
contract.
(b) Alternative care pilot projects operate according to
this section and the provisions of Laws 1993, First Special Session
chapter 1, article 5, section 133, under agreement with the
commissioner. Each pilot project
agreement period shall begin no later than the first payment cycle of
the state fiscal year and continue through the last payment cycle of the
state fiscal year.
Sec. 27. Minnesota
Statutes 2002, section 256B.0913, subdivision 7, is amended to read:
Subd. 7. [CASE
MANAGEMENT.] Providers of case management services for persons receiving
services funded by the alternative care program must meet the qualification
requirements and standards specified in section 256B.0915, subdivision 1b. The case manager must not approve
alternative care funding for a client in any setting in which the case manager
cannot reasonably ensure the client's health and safety. The case manager is responsible for the
cost-effectiveness of the alternative care individual care plan and must not
approve any care plan in which the cost of services funded by alternative care
and client contributions exceeds the limit specified in section 256B.0915,
subdivision 3, paragraph (b). The
county may allow a case manager employed by the county to delegate certain
aspects of the case management activity to another individual employed by the
county provided there is oversight of the individual by the case manager. The case manager may not delegate those
aspects which require professional judgment including assessments,
reassessments, and care plan development.
Sec. 28. Minnesota
Statutes 2002, section 256B.0913, subdivision 8, is amended to read:
Subd. 8. [REQUIREMENTS
FOR INDIVIDUAL CARE PLAN.] (a) The case manager shall implement the plan of
care for each alternative care client and ensure that a client's service needs
and eligibility are reassessed at least every 12 months. The plan shall include any services
prescribed by the individual's attending physician as necessary to allow the
individual to remain in a community setting.
In developing the individual's care plan, the case manager should
include the use of volunteers from families and neighbors, religious
organizations, social clubs, and civic and service organizations to support the
formal home care services. The county
shall be held harmless for damages or injuries sustained through the use of
volunteers under this subdivision including workers' compensation
liability. The lead agency shall
provide documentation in each individual's plan of care and, if requested, to
the commissioner
that the most cost-effective alternatives available have been offered to the
individual and that the individual was free to choose among available qualified
providers, both public and private, including qualified case management or
service coordination providers other than those employed by the lead
agency when the lead agency maintains responsibility for prior authorizing
services in accordance with statutory and administrative requirements. The case manager must give the individual a
ten-day written notice of any denial, termination, or reduction of alternative
care services.
(b) If the county administering alternative care services is
different than the county of financial responsibility, the care plan may be
implemented without the approval of the county of financial responsibility.
Sec. 29. Minnesota
Statutes 2002, section 256B.0913, subdivision 10, is amended to read:
Subd. 10. [ALLOCATION
FORMULA.] (a) The alternative care appropriation for fiscal years 1992 and
beyond shall cover only alternative care eligible clients. By July 1 of each year, the commissioner
shall allocate to county agencies the state funds available for alternative care
for persons eligible under subdivision 2.
(b) The adjusted base for each county is the county's current
fiscal year base allocation plus any targeted funds approved during the current
fiscal year. Calculations for
paragraphs (c) and (d) are to be made as follows: for each county, the determination of alternative care program
expenditures shall be based on payments for services rendered from April 1
through March 31 in the base year, to the extent that claims have been
submitted and paid by June 1 of that year.
(c) If the alternative care program expenditures as defined in
paragraph (b) are 95 percent or more of the county's adjusted base allocation,
the allocation for the next fiscal year is 100 percent of the adjusted base,
plus inflation to the extent that inflation is included in the state budget.
(d) If the alternative care program expenditures as defined in
paragraph (b) are less than 95 percent of the county's adjusted base
allocation, the allocation for the next fiscal year is the adjusted base
allocation less the amount of unspent funds below the 95 percent level.
(e) If the annual legislative appropriation for the alternative
care program is inadequate to fund the combined county allocations for a
biennium, the commissioner shall distribute to each county the entire annual
appropriation as that county's percentage of the computed base as calculated in
paragraphs (c) and (d).
(f) On agreement between the commissioner and the lead agency,
the commissioner may have discretion to reallocate alternative care base
allocations distributed to lead agencies in which the base amount
exceeds program expenditures.
Sec. 30. Minnesota
Statutes 2002, section 256B.0913, subdivision 12, is amended to read:
Subd. 12. [CLIENT
PREMIUMS.] (a) A premium is required for all alternative care eligible clients
to help pay for the cost of participating in the program. The amount of the premium for the
alternative care client shall be determined as follows:
(1) when the alternative care client's income less recurring
and predictable medical expenses is greater than the recipient's maintenance
needs allowance as defined in section 256B.0915, subdivision 1d, paragraph (a),
but less than 150 percent of the federal poverty guideline effective on
July 1 of the state fiscal year in which the premium is being computed, and
total assets are less than $10,000, the fee is zero ten percent
of the cost of alternative care services; or
(2) when the alternative care client's
income less recurring and predictable medical expenses is greater than or
equal to 150 percent of the federal poverty guideline effective on July
1 of the state fiscal year in which the premium is being computed, and total
assets are less than $10,000, the fee is 25 percent of the cost of alternative
care services or the difference between 150 percent of the federal poverty
guideline effective on July 1 of the state fiscal year in which the premium is
being computed and the client's income less recurring and predictable medical
expenses, whichever is less; and
(3) when the alternative care client's or total
assets are greater than or equal to $10,000, the fee is 25 percent of
the cost of alternative care services.
For married persons, total assets are defined as the total
marital assets less the estimated community spouse asset allowance, under
section 256B.059, if applicable. For
married persons, total income is defined as the client's income less the
monthly spousal allotment, under section 256B.058.
All alternative care services except case management
shall be included in the estimated costs for the purpose of determining 25
percent of the costs premium amount.
Premiums are due and payable each month alternative care
services are received unless the actual cost of the services is less than the
premium, in which case the fee is the lesser amount.
(b) The fee shall be waived by the commissioner when:
(1) a person who is residing in a nursing facility is receiving
case management only;
(2) a person is applying for medical assistance;
(3) a married couple is requesting an asset assessment
under the spousal impoverishment provisions;
(4) (3) a person is found eligible for
alternative care, but is not yet receiving alternative care services; or
(5) (4) a person's fee under paragraph (a) is
less than $25; or
(5) a person has chosen to participate in a consumer-directed
service plan for which the cost is no greater than the total cost of the
person's alternative care service plan less the monthly premium amount
that would otherwise be assessed.
(c) The county agency must record in the state's receivable
system the client's assessed premium amount or the reason the premium has been
waived. The commissioner will bill and
collect the premium from the client.
Money collected must be deposited in the general fund and is
appropriated to the commissioner for the alternative care program. The client must supply the county with the
client's social security number at the time of application. The county shall supply the commissioner
with the client's social security number and other information the commissioner
requires to collect the premium from the client. The commissioner shall collect
unpaid premiums using the Revenue Recapture Act in chapter 270A and other
methods available to the commissioner.
The commissioner may require counties to inform clients of the
collection procedures that may be used by the state if a premium is not
paid. This paragraph does not apply to
alternative care pilot projects authorized in Laws 1993, First Special Session
chapter 1, article 5, section 133, if a county operating under the pilot
project reports the following dollar amounts to the commissioner quarterly:
(1) total premiums billed to clients;
(2) total collections of premiums
billed; and
(3) balance of premiums owed by clients.
If a county does not adhere
to these reporting requirements, the commissioner may terminate the billing,
collecting, and remitting portions of the pilot project and require the county
involved to operate under the procedures set forth in this paragraph.
Sec. 31. Minnesota
Statutes 2002, section 256B.0915, subdivision 3, is amended to read:
Subd. 3. [LIMITS OF
CASES, RATES, PAYMENTS, AND FORECASTING.] (a) The number of
medical assistance waiver recipients that a county may serve must be allocated
according to the number of medical assistance waiver cases open on July 1 of
each fiscal year. Additional recipients
may be served with the approval of the commissioner.
(b) Subd. 3a.
[ELDERLY WAIVER COST LIMITS.] (a) The monthly limit for the cost
of waivered services to an individual elderly waiver client shall be the
weighted average monthly nursing facility rate of the case mix resident class
to which the elderly waiver client would be assigned under Minnesota Rules,
parts 9549.0050 to 9549.0059, less the recipient's maintenance needs allowance
as described in subdivision 1d, paragraph (a), until the first day of the state
fiscal year in which the resident assessment system as described in section 256B.437
for nursing home rate determination is implemented. Effective on the first day
of the state fiscal year in which the resident assessment system as described
in section 256B.437 for nursing home rate determination is implemented and the
first day of each subsequent state fiscal year, the monthly limit for the cost
of waivered services to an individual elderly waiver client shall be the rate
of the case mix resident class to which the waiver client would be assigned
under Minnesota Rules, parts 9549.0050 to 9549.0059, in effect on the last day
of the previous state fiscal year, adjusted by the greater of any legislatively
adopted home and community-based services cost-of-living percentage increase or
any legislatively adopted statewide percent rate increase for nursing
facilities.
(c) (b) If extended medical supplies and
equipment or environmental modifications are or will be purchased for an
elderly waiver client, the costs may be prorated for up to 12 consecutive
months beginning with the month of purchase.
If the monthly cost of a recipient's waivered services exceeds the
monthly limit established in paragraph (b) (a), the annual cost
of all waivered services shall be determined.
In this event, the annual cost of all waivered services shall not exceed
12 times the monthly limit of waivered services as described in paragraph (b)
(a).
(d) Subd. 3b.
[COST LIMITS FOR ELDERLY WAIVER APPLICANTS WHO RESIDE IN A NURSING
FACILITY.] (a) For a person who is a nursing facility resident at the
time of requesting a determination of eligibility for elderly waivered
services, a monthly conversion limit for the cost of elderly waivered services
may be requested. The monthly
conversion limit for the cost of elderly waiver services shall be the resident
class assigned under Minnesota Rules, parts 9549.0050 to 9549.0059, for that
resident in the nursing facility where the resident currently resides until
July 1 of the state fiscal year in which the resident assessment system as
described in section 256B.437 for nursing home rate determination is
implemented. Effective on July 1 of the
state fiscal year in which the resident assessment system as described in
section 256B.437 for nursing home rate determination is implemented, the
monthly conversion limit for the cost of elderly waiver services shall be the
per diem nursing facility rate as determined by the resident assessment system
as described in section 256B.437 for that resident in the nursing facility
where the resident currently resides multiplied by 365 and divided by 12, less
the recipient's maintenance needs allowance as described in subdivision
1d. The initially approved conversion
rate may be adjusted by the greater of any subsequent legislatively adopted
home and community-based services cost-of-living percentage increase or any
subsequent legislatively adopted statewide percentage rate increase for nursing
facilities. The limit under this clause
subdivision only applies to persons discharged from a nursing facility
after a minimum 30-day stay and found eligible for waivered services on or
after July 1, 1997.
(b) The following costs must be included in
determining the total monthly costs for the waiver client:
(1) cost of all waivered services, including extended medical
supplies and equipment and environmental modifications; and
(2) cost of skilled nursing, home health aide, and personal
care services reimbursable by medical assistance.
(e) Subd. 3c.
[SERVICE APPROVAL AND CONTRACTING PROVISIONS.] (a) Medical
assistance funding for skilled nursing services, private duty nursing, home
health aide, and personal care services for waiver recipients must be approved
by the case manager and included in the individual care plan.
(f) (b) A county is not required to contract with
a provider of supplies and equipment if the monthly cost of the supplies and
equipment is less than $250.
(g) Subd. 3d.
[ADULT FOSTER CARE RATE.] The adult foster care rate shall be considered
a difficulty of care payment and shall not include room and board. The adult foster care service rate shall be
negotiated between the county agency and the foster care provider. The elderly waiver payment for the foster
care service in combination with the payment for all other elderly waiver services,
including case management, must not exceed the limit specified in subdivision
3a, paragraph (b) (a).
(h) Subd. 3e.
[ASSISTED LIVING SERVICE RATE.] (a) Payment for assisted living
service shall be a monthly rate negotiated and authorized by the county agency
based on an individualized service plan for each resident and may not cover
direct rent or food costs.
(1) (b) The individualized monthly negotiated
payment for assisted living services as described in section 256B.0913, subdivision
5, paragraph (g) or (h) subdivisions 5d to 5f, and residential care
services as described in section 256B.0913, subdivision 5, paragraph (f)
5c, shall not exceed the nonfederal share, in effect on July 1 of the
state fiscal year for which the rate limit is being calculated, of the greater
of either the statewide or any of the geographic groups' weighted average
monthly nursing facility rate of the case mix resident class to which the
elderly waiver eligible client would be assigned under Minnesota Rules, parts
9549.0050 to 9549.0059, less the maintenance needs allowance as described in
subdivision 1d, paragraph (a), until the July 1 of the state fiscal year in
which the resident assessment system as described in section 256B.437 for
nursing home rate determination is implemented. Effective on July 1 of the
state fiscal year in which the resident assessment system as described in
section 256B.437 for nursing home rate determination is implemented and July 1
of each subsequent state fiscal year, the individualized monthly negotiated
payment for the services described in this clause shall not exceed the limit
described in this clause which was in effect on June 30 of the previous state
fiscal year and which has been adjusted by the greater of any legislatively
adopted home and community-based services cost-of-living percentage increase or
any legislatively adopted statewide percent rate increase for nursing
facilities.
(2) (c) The individualized monthly negotiated
payment for assisted living services described in section 144A.4605 and
delivered by a provider licensed by the department of health as a class A home
care provider or an assisted living home care provider and provided in a
building that is registered as a housing with services establishment under
chapter 144D and that provides 24-hour supervision in combination with the
payment for other elderly waiver services, including case management, must not
exceed the limit specified in paragraph (b) subdivision 3a.
(i) Subd. 3f.
[INDIVIDUAL SERVICE RATES; EXPENDITURE FORECASTS.] (a) The county
shall negotiate individual service rates with vendors and may authorize payment
for actual costs up to the county's current approved rate. Persons or agencies must be employed by or
under a contract with the county agency or the public health nursing agency of
the local board of health in order to receive funding under the elderly waiver
program, except as a provider of supplies and equipment when the monthly cost
of the supplies and equipment is less than $250.
(j) (b) Reimbursement for the medical
assistance recipients under the approved waiver shall be made from the medical
assistance account through the invoice processing procedures of the
department's Medicaid Management Information System (MMIS), only with the
approval of the client's case manager.
The budget for the state share of the Medicaid expenditures shall be
forecasted with the medical assistance budget, and shall be consistent with the
approved waiver.
(k) Subd. 3g.
[SERVICE RATE LIMITS; STATE ASSUMPTION OF COSTS.] (a) To improve
access to community services and eliminate payment disparities between the
alternative care program and the elderly waiver, the commissioner shall
establish statewide maximum service rate limits and eliminate county-specific
service rate limits.
(1) (b) Effective July 1, 2001, for service rate
limits, except those described or defined in paragraphs (g) and (h) subdivisions
3d and 3e, the rate limit for each service shall be the greater of the
alternative care statewide maximum rate or the elderly waiver statewide maximum
rate.
(2) (c) Counties may negotiate individual service
rates with vendors for actual costs up to the statewide maximum service rate
limit.
Sec. 32. Minnesota
Statutes 2002, section 256B.15, subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.]
For purposes of this section, "medical assistance" includes the
medical assistance program under this chapter and the general assistance
medical care program under chapter 256D, but does not include the
alternative care program for nonmedical assistance recipients under section
256B.0913, subdivision 4 and alternative care for nonmedical assistance
recipients under section 256B.0913.
[EFFECTIVE DATE.] This
section is effective July 1, 2003, for decedents dying on or after that
date.
Sec. 33. Minnesota
Statutes 2002, section 256B.15, subdivision 1a, is amended to read:
Subd. 1a. [ESTATES
SUBJECT TO CLAIMS.] If a person receives any medical assistance hereunder, on
the person's death, if single, or on the death of the survivor of a married
couple, either or both of whom received medical assistance, the total amount
paid for medical assistance rendered for the person and spouse shall be filed
as a claim against the estate of the person or the estate of the surviving
spouse in the court having jurisdiction to probate the estate or to issue a
decree of descent according to sections 525.31 to 525.313.
A claim shall be filed if medical assistance was rendered for
either or both persons under one of the following circumstances:
(a) the person was over 55 years of age, and received services
under this chapter, excluding alternative care;
(b) the person resided in a medical institution for six months
or longer, received services under this chapter excluding alternative care,
and, at the time of institutionalization or application for medical assistance,
whichever is later, the person could not have reasonably been expected to be
discharged and returned home, as certified in writing by the person's treating
physician. For purposes of this section
only, a "medical institution" means a skilled nursing facility,
intermediate care facility, intermediate care facility for persons with mental
retardation, nursing facility, or inpatient hospital; or
(c) the person received general assistance medical care
services under chapter 256D.
The claim shall be considered an expense of the last illness of
the decedent for the purpose of section 524.3-805. Any statute of limitations
that purports to limit any county agency or the state agency, or both, to
recover for medical assistance granted hereunder shall not apply to any claim
made hereunder for reimbursement for any medical assistance granted
hereunder. Notice of the claim shall be
given to all heirs and devisees of the decedent whose identity can be
ascertained with reasonable diligence.
The notice must include procedures and instructions for making an
application for a hardship waiver under subdivision 5; time frames for
submitting an application and determination; and information regarding appeal
rights and procedures. Counties are
entitled to one-half of the nonfederal share of medical assistance collections
from estates that are directly attributable to county effort. Counties are entitled to ten
percent of the collections for alternative care directly attributable to
county effort.
[EFFECTIVE DATE.] This
section is effective July 1, 2003, for decedents dying on or after that
date.
Sec. 34. Minnesota
Statutes 2002, section 256B.15, subdivision 2, is amended to read:
Subd. 2. [LIMITATIONS
ON CLAIMS.] The claim shall include only the total amount of medical assistance
rendered after age 55 or during a period of institutionalization described in
subdivision 1a, clause (b), and the total amount of general assistance medical
care rendered, and shall not include interest.
Claims that have been allowed but not paid shall bear interest according
to section 524.3-806, paragraph (d). A
claim against the estate of a surviving spouse who did not receive medical
assistance, for medical assistance rendered for the predeceased spouse, is
limited to the value of the assets of the estate that were marital property or
jointly owned property at any time during the marriage. Claims for alternative care shall be
net of all premiums paid under section 256B.0913, subdivision 12, on or
after July 1, 2003, and shall be limited to services provided on or
after July 1, 2003.
[EFFECTIVE DATE.] This
section is effective July 1, 2003, for decedents dying on or after that
date.
Sec. 35. Minnesota
Statutes 2002, section 256B.431, subdivision 2r, is amended to read:
Subd. 2r. [PAYMENT
RESTRICTIONS ON LEAVE DAYS.] Effective July 1, 1993, the commissioner shall
limit payment for leave days in a nursing facility to 79 percent of that
nursing facility's total payment rate for the involved resident. For services rendered on or after
July 1, 2003, for facilities reimbursed under this section or section
256B.434, the commissioner shall limit payment for leave days in a
nursing facility to 60 percent of that nursing facility's total payment
rate for the involved resident.
Sec. 36. Minnesota
Statutes 2002, section 256B.431, is amended by adding a subdivision to read:
Subd. 2t.
[PAYMENT LIMITATION.] For services rendered on or after July
1, 2003, for facilities reimbursed under this section or section
256B.434, the amount that shall be paid by or on behalf of the Medicaid
program shall only include a co-payment during a Medicare-covered
skilled nursing facility stay if the Medicare rate less the resident's co-payment
responsibility is less than the Medicaid RUG-III case-mix payment
rate. The amount that shall be paid by
or on behalf of the Medicaid program is equal to the amount by which the
Medicaid RUG-III case-mix payment rate exceeds the Medicare rate less
the co-payment responsibility.
Sec. 37. Minnesota
Statutes 2002, section 256B.431, subdivision 32, is amended to read:
Subd. 32. [PAYMENT
DURING FIRST 90 DAYS.] (a) For rate years beginning on or after July 1, 2001,
the total payment rate for a facility reimbursed under this section, section
256B.434, or any other section for the first 90 paid days after admission shall
be:
(1) for the first 30 paid days, the rate shall be 120 percent
of the facility's medical assistance rate for each case mix class; and
(2) for the next 60 paid days after the first 30 paid days, the
rate shall be 110 percent of the facility's medical assistance rate for each
case mix class.;
(b) (3) beginning with the 91st paid day
after admission, the payment rate shall be the rate otherwise determined under
this section, section 256B.434, or any other section.; and
(c) (4) payments under this subdivision
applies paragraph apply to admissions occurring on or after
July 1, 2001, and resident days from that date through June 30, 2003.
(b) For rate years beginning on or after July 1, 2003, the
total payment rate for a facility reimbursed under this section, section
256B.434, or any other section shall be:
(1) for the first 30 calendar days after admission, the rate
shall be 120 percent of the facility's medical assistance rate for each
RUG class;
(2) beginning with the 31st calendar day after admission,
the payment rate shall be the rate otherwise determined under this
section, section 256B.434, or any other section; and
(3) payments under this paragraph apply to admissions occurring
on or after July 1, 2003.
(c) Effective January 1, 2004, the enhanced rates under this
subdivision shall not be allowed if a resident has resided in any
nursing facility during the previous 30 calendar days.
Sec. 38. Minnesota
Statutes 2002, section 256B.431, subdivision 36, is amended to read:
Subd. 36. [EMPLOYEE
SCHOLARSHIP COSTS AND TRAINING IN ENGLISH AS A SECOND LANGUAGE.] (a) For the
period between July 1, 2001, and June 30, 2003, the commissioner shall provide
to each nursing facility reimbursed under this section, section 256B.434, or
any other section, a scholarship per diem of 25 cents to the total operating
payment rate to be used:
(1) for employee scholarships that satisfy the following
requirements:
(i) scholarships are available to all employees who work an
average of at least 20 hours per week at the facility except the administrator,
department supervisors, and registered nurses; and
(ii) the course of study is expected to lead to career
advancement with the facility or in long-term care, including medical care
interpreter services and social work; and
(2) to provide job-related training in English as a second
language.
(b) A facility receiving a rate adjustment under this
subdivision may submit to the commissioner on a schedule determined by the
commissioner and on a form supplied by the commissioner a calculation of the
scholarship per diem, including: the
amount received from this rate adjustment; the amount used for training in
English as a second language; the number of persons receiving the training; the
name of the person or entity providing the training; and for each scholarship
recipient, the name of the recipient, the amount awarded, the educational
institution attended, the nature of the educational program, the program
completion date, and a determination of the per diem amount of these costs
based on actual resident days.
(c) On July 1, 2003, the commissioner shall remove the 25 cent
scholarship per diem from the total operating payment rate of each facility.
(d) For rate years beginning after June 30, 2003, the
commissioner shall provide to each facility the scholarship per diem determined
in paragraph (b).
Sec. 39. Minnesota Statutes
2002, section 256B.431, is amended by adding a subdivision to read:
Subd. 38.
[NURSING HOME RATE INCREASES EFFECTIVE IN FISCAL YEAR 2003.] Effective
June 1, 2003, the commissioner shall provide to each nursing home
reimbursed under this section or section 256B.434, an increase in each
case mix payment rate equal to the increase in the per-bed surcharge
paid under section 256.9657, subdivision 1, paragraph (d), divided by
365 and further divided by .90.
The increase shall not be subject to any annual percentage
increase. The 30-day advance notice
requirement in section 256B.47, subdivision 2, shall not apply to
rate increases resulting from this section.
The commissioner shall not adjust the rate increase under this
subdivision unless an adjustment under section 256.9657, subdivision 1,
paragraph (e), is greater than 1.5 percent of the surcharge amount.
[EFFECTIVE DATE.] This
section is effective May 31, 2003.
Sec. 40. Minnesota
Statutes 2002, section 256B.431, is amended by adding a subdivision to read:
Subd. 39.
[FACILITY RATES BEGINNING ON OR AFTER JULY 1, 2003.] For rate years
beginning on or after July 1, 2003, nursing facilities reimbursed under
this section shall have their July 1 operating payment rate be equal to
their operating payment rate in effect on the prior June 30th.
Sec. 41. Minnesota
Statutes 2002, section 256B.434, subdivision 4, is amended to read:
Subd. 4. [ALTERNATE
RATES FOR NURSING FACILITIES.] (a) For nursing facilities which have their
payment rates determined under this section rather than section 256B.431, the
commissioner shall establish a rate under this subdivision. The nursing facility must enter into a
written contract with the commissioner.
(b) A nursing facility's case mix payment rate for the first
rate year of a facility's contract under this section is the payment rate the
facility would have received under section 256B.431.
(c) A nursing facility's case mix payment rates for the second
and subsequent years of a facility's contract under this section are the
previous rate year's contract payment rates plus an inflation adjustment and,
for facilities reimbursed under this section or section 256B.431, an adjustment
to include the cost of any increase in health department licensing fees for the
facility taking effect on or after July 1, 2001. The index for the inflation adjustment must be based on the
change in the Consumer Price Index-All Items (United States City average)
(CPI-U) forecasted by Data Resources, Inc. the commissioner of finance's
national economic consultant, as forecasted in the fourth quarter of the
calendar year preceding the rate year. The inflation adjustment must be based
on the 12-month period from the midpoint of the previous rate year to the
midpoint of the rate year for which the rate is being determined. For the rate years beginning on July 1,
1999, July 1, 2000, July 1, 2001, and July 1, 2002, July 1, 2003, and
July 1, 2004, this paragraph shall apply only to the property-related
payment rate, except that adjustments to include the cost of any increase in
health department licensing fees taking effect on or after July 1, 2001, shall
be provided. In determining the amount
of the property-related payment rate adjustment under this paragraph, the
commissioner shall determine the proportion of the facility's rates that are
property-related based on the facility's most recent cost report.
(d) The commissioner shall develop additional incentive-based
payments of up to five percent above the standard contract rate for achieving
outcomes specified in each contract.
The specified facility-specific outcomes must be measurable and approved
by the commissioner. The commissioner
may establish, for each contract, various levels of achievement within an
outcome. After the outcomes have been
specified the commissioner shall assign various levels of payment associated
with achieving the outcome. Any
incentive-based payment cancels if there is a termination of the contract. In establishing the specified outcomes and
related criteria the commissioner shall consider the following state policy
objectives:
(1) improved cost effectiveness and quality of life as measured
by improved clinical outcomes;
(2) successful diversion or discharge
to community alternatives;
(3) decreased acute care costs;
(4) improved consumer satisfaction;
(5) the achievement of quality; or
(6) any additional outcomes proposed by a nursing facility that
the commissioner finds desirable.
Sec. 42. Minnesota
Statutes 2002, section 256B.434, subdivision 10, is amended to read:
Subd. 10. [EXEMPTIONS.]
(a) To the extent permitted by federal law, (1) a facility that has entered
into a contract under this section is not required to file a cost report, as
defined in Minnesota Rules, part 9549.0020, subpart 13, for any year after the
base year that is the basis for the calculation of the contract payment rate
for the first rate year of the alternative payment demonstration project
contract; and (2) a facility under contract is not subject to audits of
historical costs or revenues, or paybacks or retroactive adjustments based on
these costs or revenues, except audits, paybacks, or adjustments relating to
the cost report that is the basis for calculation of the first rate year under
the contract.
(b) A facility that is under contract with the commissioner
under this section is not subject to the moratorium on licensure or
certification of new nursing home beds in section 144A.071, unless the project
results in a net increase in bed capacity or involves relocation of beds from
one site to another. Contract payment
rates must not be adjusted to reflect any additional costs that a nursing
facility incurs as a result of a construction project undertaken under this
paragraph. In addition, as a condition
of entering into a contract under this section, a nursing facility must agree
that any future medical assistance payments for nursing facility services will
not reflect any additional costs attributable to the sale of a nursing facility
under this section and to construction undertaken under this paragraph that
otherwise would not be authorized under the moratorium in section
144A.073. Nothing in this section
prevents a nursing facility participating in the alternative payment
demonstration project under this section from seeking approval of an exception
to the moratorium through the process established in section 144A.073, and if
approved the facility's rates shall be adjusted to reflect the cost of the
project. Nothing in this section
prevents a nursing facility participating in the alternative payment
demonstration project from seeking legislative approval of an exception to the
moratorium under section 144A.071, and, if enacted, the facility's rates shall
be adjusted to reflect the cost of the project.
(c) Notwithstanding section 256B.48, subdivision 6, paragraphs
(c), (d), and (e), and pursuant to any terms and conditions contained in the
facility's contract, a nursing facility that is under contract with the
commissioner under this section is in compliance with section 256B.48,
subdivision 6, paragraph (b), if the facility is Medicare certified.
(d) Notwithstanding paragraph (a), if by April 1, 1996, the
health care financing administration has not approved a required waiver, or the
Centers for Medicare and Medicaid Services otherwise requires cost reports to
be filed prior to the waiver's approval, the commissioner shall require a cost
report for the rate year.
(e) A facility that is under contract with the commissioner
under this section shall be allowed to change therapy arrangements from an
unrelated vendor to a related vendor during the term of the contract. The commissioner may develop reasonable
requirements designed to prevent an increase in therapy utilization for
residents enrolled in the medical assistance program.
(f) Nursing facilities
participating in the alternative payment system demonstration project
must either participate in the alternative payment system quality
improvement program established by the commissioner or submit
information on their own quality improvement process to the commissioner
for approval. Nursing facilities
that have had their own quality improvement process approved by the
commissioner must report results for at least one key area of quality
improvement annually to the commissioner.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 43. Minnesota
Statutes 2002, section 256B.48, subdivision 1, is amended to read:
Subdivision 1.
[PROHIBITED PRACTICES.] A nursing facility is not eligible to receive
medical assistance payments unless it refrains from all of the following:
(a) Charging private paying residents rates for similar
services which exceed those which are approved by the state agency for medical
assistance recipients as determined by the prospective desk audit rate, except
under the following circumstances: (1)
the nursing facility may (1) (i) charge private paying residents
a higher rate for a private room, and (2) (ii) charge for
special services which are not included in the daily rate if medical assistance
residents are charged separately at the same rate for the same services in
addition to the daily rate paid by the commissioner.; (2) effective
July 1, 2003, nursing facilities may charge private paying residents
rates up to two percent higher than the allowable payment rate in
effect on June 30, 2003, plus an adjustment equal to any other rate
increase provided in law, for the RUGs group currently assigned to the
resident; (3) effective July 1, 2004, nursing facilities may charge
private paying residents rates up to four percent higher than the
allowable payment rate in effect on June 30, 2003, plus an adjustment
equal to any other rate increase provided in law, for the RUGs group
currently assigned to the resident; (4) effective July 1, 2005, nursing
facilities may charge private paying residents rates up to six percent
higher than the allowable payment rate in effect on June 30, 2003,
plus an adjustment equal to any other rate increase provided in law, for
the RUGs group currently assigned to the resident; and (5) effective
July 1, 2006, nursing facilities may charge private paying
residents rates up to eight percent higher than the allowable payment
rate in effect on June 30, 2003, plus an adjustment equal to any other
rate increase provided in law, for the RUGs group currently assigned to
the resident. For purposes of
this subdivision, the allowable payment rate is the total payment rate
under section 256B.431 or 256B.434 including adjustments for enhanced
rates during the first 30 days under section 256B.431, subdivision 32,
and private room differentials under clause (1), item (i), and Minnesota
Rules, part 9549.0060, subpart 11, item C. Nothing in this section precludes a nursing facility from
charging a rate allowable under the facility's single room election
option under Minnesota Rules, part 9549.0060, subpart 11. Services covered by the payment rate must be
the same regardless of payment source.
Special services, if offered, must be available to all residents in all
areas of the nursing facility and charged separately at the same rate. Residents are free to select or decline
special services. Special services must not include services which must be
provided by the nursing facility in order to comply with licensure or
certification standards and that if not provided would result in a deficiency
or violation by the nursing facility.
Services beyond those required to comply with licensure or certification
standards must not be charged separately as a special service if they were
included in the payment rate for the previous reporting year. A nursing facility that charges a private
paying resident a rate in violation of this clause is subject to an action by
the state of Minnesota or any of its subdivisions or agencies for civil
damages. A private paying resident or
the resident's legal representative has a cause of action for civil damages
against a nursing facility that charges the resident rates in violation of this
clause. The damages awarded shall
include three times the payments that result from the violation, together with
costs and disbursements, including reasonable attorneys' fees or their
equivalent. A private paying resident
or the resident's legal representative, the state, subdivision or agency, or a
nursing facility may request a hearing to determine the allowed rate or rates
at issue in the cause of action. Within
15 calendar days after receiving a request for such a hearing, the commissioner
shall request assignment of an administrative law judge under sections 14.48 to
14.56 to conduct the hearing as soon as possible or according to agreement by
the parties. The administrative law
judge shall issue a report within 15 calendar days following the close of the
hearing. The prohibition set forth in
this clause shall not apply to facilities licensed as boarding care facilities
which are not certified as skilled or intermediate care facilities level I or
II for reimbursement through medical assistance.
(b) Effective July 1, 2007,
paragraph (a) no longer applies, except that special services, if
offered, must be available to all residents of the nursing facility and
charged separately at the same rate.
Residents are free to select or decline special services. Special services must not include services
which must be provided by the nursing facility in order to comply with
licensure or certification standards and that if not provided would
result in a deficiency or violation by the nursing facility.
(b) (c)(1) Charging, soliciting, accepting, or receiving
from an applicant for admission to the facility, or from anyone acting in
behalf of the applicant, as a condition of admission, expediting the admission,
or as a requirement for the individual's continued stay, any fee, deposit,
gift, money, donation, or other consideration not otherwise required as payment
under the state plan. For residents
on medical assistance, medical assistance payment according to the state
plan must be accepted as payment in full for continued stay, except
where otherwise provided for under statute;
(2) requiring an individual, or anyone acting in behalf of the
individual, to loan any money to the nursing facility;
(3) requiring an individual, or anyone acting in behalf of the
individual, to promise to leave all or part of the individual's estate to the
facility; or
(4) requiring a third-party guarantee of payment to the
facility as a condition of admission, expedited admission, or continued stay in
the facility.
Nothing in this paragraph
would prohibit discharge for nonpayment of services in accordance with state
and federal regulations.
(c) (d) Requiring any resident of the nursing
facility to utilize a vendor of health care services chosen by the nursing
facility. A nursing facility may
require a resident to use pharmacies that utilize unit dose packing systems
approved by the Minnesota board of pharmacy, and may require a resident to use
pharmacies that are able to meet the federal regulations for safe and timely
administration of medications such as systems with specific number of doses,
prompt delivery of medications, or access to medications on a 24-hour
basis. Notwithstanding the provisions
of this paragraph, nursing facilities shall not restrict a resident's choice of
pharmacy because the pharmacy utilizes a specific system of unit dose drug
packing.
(d) (e) Providing differential treatment on the
basis of status with regard to public assistance.
(e) (f) Discriminating in admissions, services
offered, or room assignment on the basis of status with regard to public
assistance or refusal to purchase special services. Discrimination in admissions discrimination,
services offered, or room assignment shall include, but is not
limited to:
(1) basing admissions decisions upon assurance by the
applicant to the nursing facility, or the applicant's guardian or conservator,
that the applicant is neither eligible for nor will seek information or
assurances regarding current or future eligibility for public
assistance for payment of nursing facility care costs; and.
(2) engaging in preferential selection from waiting lists
based on an applicant's ability to pay privately or an applicant's refusal to
pay for a special service.
The collection and use by a nursing facility of financial
information of any applicant pursuant to a preadmission screening program
established by law shall not raise an inference that the nursing facility is
utilizing that information for any purpose prohibited by this paragraph.
(f) (g) Requiring any
vendor of medical care as defined by section 256B.02, subdivision 7, who is
reimbursed by medical assistance under a separate fee schedule, to pay any
amount based on utilization or service levels or any portion of the vendor's
fee to the nursing facility except as payment for renting or leasing space or
equipment or purchasing support services from the nursing facility as limited
by section 256B.433. All agreements
must be disclosed to the commissioner upon request of the commissioner. Nursing facilities and vendors of ancillary
services that are found to be in violation of this provision shall each be
subject to an action by the state of Minnesota or any of its subdivisions or
agencies for treble civil damages on the portion of the fee in excess of that
allowed by this provision and section 256B.433. Damages awarded must include three times the excess payments
together with costs and disbursements including reasonable attorney's fees or
their equivalent.
(g) (h)
Refusing, for more than 24 hours, to accept a resident returning to the
same bed or a bed certified for the same level of care, in accordance with a
physician's order authorizing transfer, after receiving inpatient hospital
services.
(i) For a period not to exceed 180 days, the
commissioner may continue to make medical assistance payments to a nursing
facility or boarding care home which is in violation of this section if extreme
hardship to the residents would result.
In these cases the commissioner shall issue an order requiring the
nursing facility to correct the violation.
The nursing facility shall have 20 days from its receipt of the order to
correct the violation. If the violation
is not corrected within the 20-day period the commissioner may reduce the
payment rate to the nursing facility by up to 20 percent. The amount of the payment rate reduction
shall be related to the severity of the violation and shall remain in effect
until the violation is corrected. The nursing facility or boarding care home
may appeal the commissioner's action pursuant to the provisions of chapter 14
pertaining to contested cases. An
appeal shall be considered timely if written notice of appeal is received by
the commissioner within 20 days of notice of the commissioner's proposed
action.
In the event that the commissioner determines that a nursing
facility is not eligible for reimbursement for a resident who is eligible for
medical assistance, the commissioner may authorize the nursing facility to
receive reimbursement on a temporary basis until the resident can be relocated
to a participating nursing facility.
Certified beds in facilities which do not allow medical
assistance intake on July 1, 1984, or after shall be deemed to be decertified
for purposes of section 144A.071 only.
Sec. 44. Minnesota
Statutes 2002, section 256B.5012, is amended by adding a subdivision to read:
Subd. 5. [RATE
INCREASE EFFECTIVE JUNE 1, 2003.] For rate periods beginning on or
after June 1, 2003, the commissioner shall increase the total operating
payment rate for each facility reimbursed under this section by $3 per
day. The increase shall not be
subject to any annual percentage increase.
[EFFECTIVE DATE.] This
section is effective June 1, 2003.
Sec. 45. Minnesota
Statutes 2002, section 256B.76, is amended to read:
256B.76 [PHYSICIAN AND DENTAL REIMBURSEMENT.]
(a) Effective for services rendered on or after October 1,
1992, the commissioner shall make payments for physician services as follows:
(1) payment for level one Centers for Medicare and Medicaid
Services' common procedural coding system codes titled "office and other
outpatient services," "preventive medicine new and established
patient," "delivery, antepartum, and postpartum care,"
"critical care," cesarean delivery and pharmacologic management
provided to psychiatric patients, and level three codes for enhanced services
for prenatal high risk, shall be paid at the lower of (i) submitted charges, or (ii)
25 percent above the rate in effect on June 30, 1992. If the rate on any procedure code within these categories is different
than the rate that would have been paid under the methodology in section
256B.74, subdivision 2, then the larger rate shall be paid;
(2) payments for all other services shall be paid at the lower
of (i) submitted charges, or (ii) 15.4 percent above the rate in effect on June
30, 1992;
(3) all physician rates shall be converted from the 50th
percentile of 1982 to the 50th percentile of 1989, less the percent in
aggregate necessary to equal the above increases except that payment rates for
home health agency services shall be the rates in effect on September 30, 1992;
(4) effective for services rendered on or after January 1,
2000, payment rates for physician and professional services shall be increased
by three percent over the rates in effect on December 31, 1999, except for home
health agency and family planning agency services; and
(5) the increases in clause (4) shall be implemented January 1,
2000, for managed care.
(b) Effective for services rendered on or after October 1,
1992, the commissioner shall make payments for dental services as follows:
(1) dental services shall be paid at the lower of (i) submitted
charges, or (ii) 25 percent above the rate in effect on June 30, 1992;
(2) dental rates shall be converted from the 50th percentile of
1982 to the 50th percentile of 1989, less the percent in aggregate necessary to
equal the above increases;
(3) effective for services rendered on or after January 1,
2000, payment rates for dental services shall be increased by three percent
over the rates in effect on December 31, 1999;
(4) the commissioner shall award grants to community clinics or
other nonprofit community organizations, political subdivisions, professional
associations, or other organizations that demonstrate the ability to provide
dental services effectively to public program recipients. Grants may be used to fund the costs related
to coordinating access for recipients, developing and implementing patient care
criteria, upgrading or establishing new facilities, acquiring furnishings or
equipment, recruiting new providers, or other development costs that will
improve access to dental care in a region.
In awarding grants, the commissioner shall give priority to applicants
that plan to serve areas of the state in which the number of dental providers
is not currently sufficient to meet the needs of recipients of public programs
or uninsured individuals. The
commissioner shall consider the following in awarding the grants:
(i) potential to successfully increase access to an underserved
population;
(ii) the ability to raise matching funds;
(iii) the long-term viability of the project to improve access
beyond the period of initial funding;
(iv) the efficiency in the use of the funding; and
(v) the experience of the proposers in providing services to
the target population.
The commissioner shall monitor the grants and may terminate
a grant if the grantee does not increase dental access for public program
recipients. The commissioner shall
consider grants for the following:
(i) implementation of new programs or continued expansion of
current access programs that have demonstrated success in providing dental
services in underserved areas;
(ii) a pilot program for utilizing hygienists outside of a
traditional dental office to provide dental hygiene services; and
(iii) a program that organizes a network of volunteer dentists,
establishes a system to refer eligible individuals to volunteer dentists, and
through that network provides donated dental care services to public program
recipients or uninsured individuals;
(5) beginning October 1, 1999, the payment for tooth sealants
and fluoride treatments shall be the lower of (i) submitted charge, or (ii) 80
percent of median 1997 charges;
(6) the increases listed in clauses (3) and (5) shall be
implemented January 1, 2000, for managed care; and
(7) effective for services provided on or after January 1,
2002, payment for diagnostic examinations and dental x-rays provided to
children under age 21 shall be the lower of (i) the submitted charge, or (ii)
85 percent of median 1999 charges.
(c) Effective for dental services rendered on or after January
1, 2002, the commissioner may, within the limits of available appropriation,
increase reimbursements to dentists and dental clinics deemed by the
commissioner to be critical access dental providers. Reimbursement to a critical access dental provider may be
increased by not more than 50 percent above the reimbursement rate that would
otherwise be paid to the provider.
Payments to health plan companies shall be adjusted to reflect increased
reimbursements to critical access dental providers as approved by the
commissioner. In determining which
dentists and dental clinics shall be deemed critical access dental providers,
the commissioner shall review:
(1) the utilization rate in the service area in which the
dentist or dental clinic operates for dental services to patients covered by
medical assistance, general assistance medical care, or MinnesotaCare as their
primary source of coverage;
(2) the level of services provided by the dentist or dental
clinic to patients covered by medical assistance, general assistance medical
care, or MinnesotaCare as their primary source of coverage; and
(3) whether the level of services provided by the dentist or
dental clinic is critical to maintaining adequate levels of patient access
within the service area.
In the absence of a critical
access dental provider in a service area, the commissioner may designate a
dentist or dental clinic as a critical access dental provider if the dentist or
dental clinic is willing to provide care to patients covered by medical
assistance, general assistance medical care, or MinnesotaCare at a level which
significantly increases access to dental care in the service area.
(d) Effective July 1, 2001, the medical assistance rates for
outpatient mental health services provided by an entity that operates:
(1) a Medicare-certified comprehensive outpatient
rehabilitation facility; and
(2) a facility that was certified prior to January 1,
1993, with at least 33 percent of the clients receiving rehabilitation services
in the most recent calendar year who are medical assistance recipients, will be
increased by 38 percent, when those services are provided within the
comprehensive outpatient rehabilitation facility and provided to residents of
nursing facilities owned by the entity.
(e) An entity that operates both a Medicare certified
comprehensive outpatient rehabilitation facility and a facility which was
certified prior to January 1, 1993, that is licensed under Minnesota Rules,
parts 9570.2000 to 9570.3600, and for whom at least 33 percent of the clients
receiving rehabilitation services in the most recent calendar year are medical
assistance recipients, shall be reimbursed by the commissioner for
rehabilitation services at rates that are 38 percent greater than the maximum
reimbursement rate allowed under paragraph (a), clause (2), when those services
are (1) provided within the comprehensive outpatient rehabilitation facility
and (2) provided to residents of nursing facilities owned by the entity.
Sec. 46. Minnesota
Statutes 2002, section 256B.761, is amended to read:
256B.761 [REIMBURSEMENT FOR MENTAL HEALTH SERVICES.]
(a) Effective for services rendered on or after July 1,
2001, payment for medication management provided to psychiatric patients,
outpatient mental health services, day treatment services, home-based mental
health services, and family community support services shall be paid at the
lower of (1) submitted charges, or (2) 75.6 percent of the 50th percentile of
1999 charges.
(b) Effective July 1, 2001, the medical assistance rates
for outpatient mental health services provided by an entity that operates: (1) a Medicare-certified comprehensive
outpatient rehabilitation facility; and (2) a facility that was
certified prior to January 1, 1993, with at least 33 percent of the clients
receiving rehabilitation services in the most recent calendar year who
are medical assistance recipients, will be increased by 38 percent, when
those services are provided within the comprehensive outpatient
rehabilitation facility and provided to residents of nursing facilities
owned by the entity.
Sec. 47. Minnesota
Statutes 2002, section 256D.03, subdivision 3a, is amended to read:
Subd. 3a. [CLAIMS;
ASSIGNMENT OF BENEFITS.] Claims must be filed pursuant to section 256D.16. General assistance medical care applicants
and recipients must apply or agree to apply third party health and accident
benefits to the costs of medical care.
They must cooperate with the state in establishing paternity and
obtaining third party payments. By signing
an application for accepting general assistance, a person assigns to
the department of human services all rights to medical support or payments for
medical expenses from another person or entity on their own or their
dependent's behalf and agrees to cooperate with the state in establishing
paternity and obtaining third party payments.
The application shall contain a statement explaining the
assignment. Any rights or amounts
assigned shall be applied against the cost of medical care paid for under this
chapter. An assignment is effective on
the date general assistance medical care eligibility takes effect. The assignment shall not affect benefits
paid or provided under automobile accident coverage and private health care
coverage until the person or organization providing the benefits has received
notice of the assignment.
Sec. 48. Minnesota
Statutes 2002, section 256I.02, is amended to read:
256I.02 [PURPOSE.]
The Group Residential Housing Act establishes a comprehensive
system of rates and payments for persons who reside in a group residence
the community and who meet the eligibility criteria under section
256I.04, subdivision 1.
Sec. 49. Minnesota
Statutes 2002, section 256I.04, subdivision 3, is amended to read:
Subd. 3. [MORATORIUM ON
THE DEVELOPMENT OF GROUP RESIDENTIAL HOUSING BEDS.] (a) County agencies shall
not enter into agreements for new group residential housing beds with total
rates in excess of the MSA equivalent rate except: (1) for group residential housing establishments meeting the
requirements of subdivision 2a, clause (2) with department approval; (2)
for group residential housing establishments licensed under Minnesota Rules,
parts 9525.0215 to 9525.0355, provided the facility is needed to meet the
census reduction targets for persons with mental retardation or related
conditions at regional treatment centers; (3) (2) to ensure
compliance with the federal Omnibus Budget Reconciliation Act alternative
disposition plan requirements for inappropriately placed persons with mental
retardation or related conditions or mental illness; (4) (3) up
to 80 beds in a single, specialized facility located in Hennepin county that
will provide housing for chronic inebriates who are repetitive users of
detoxification centers and are refused placement in emergency shelters because
of their state of intoxication, and planning for the specialized facility must
have been initiated before July 1, 1991, in anticipation of receiving a grant
from the housing finance agency under section 462A.05, subdivision 20a,
paragraph (b); (5) (4) notwithstanding the provisions of
subdivision 2a, for up to 190 supportive housing units in Anoka, Dakota,
Hennepin, or Ramsey county for homeless adults with a mental illness, a history
of substance abuse, or human immunodeficiency virus or acquired
immunodeficiency syndrome. For purposes of this section, "homeless
adult" means a person who is living on the street or in a shelter or
discharged from a regional treatment center, community hospital, or residential
treatment program and has no appropriate housing available and lacks the
resources and support necessary to access appropriate housing. At least 70 percent of the supportive
housing units must serve homeless adults with mental illness, substance abuse
problems, or human immunodeficiency virus or acquired immunodeficiency syndrome
who are about to be or, within the previous six months, has been discharged
from a regional treatment center, or a state-contracted psychiatric bed in a
community hospital, or a residential mental health or chemical dependency
treatment program. If a person meets
the requirements of subdivision 1, paragraph (a), and receives a federal or
state housing subsidy, the group residential housing rate for that person is
limited to the supplementary rate under section 256I.05, subdivision 1a, and is
determined by subtracting the amount of the person's countable income that
exceeds the MSA equivalent rate from the group residential housing
supplementary rate. A resident in a
demonstration project site who no longer participates in the demonstration
program shall retain eligibility for a group residential housing payment in an
amount determined under section 256I.06, subdivision 8, using the MSA
equivalent rate. Service funding under
section 256I.05, subdivision 1a, will end June 30, 1997, if federal matching
funds are available and the services can be provided through a managed care
entity. If federal matching funds are
not available, then service funding will continue under section 256I.05,
subdivision 1a; or (6) for group residential housing beds in settings meeting
the requirements of subdivision 2a, clauses (1) and (3), which are used
exclusively for recipients receiving home and community-based waiver services
under sections 256B.0915, 256B.092, subdivision 5, 256B.093, and 256B.49, and
who resided in a nursing facility for the six months immediately prior to the
month of entry into the group residential housing setting. The group residential housing rate for these
beds must be set so that the monthly group residential housing payment for an individual
occupying the bed when combined with the nonfederal share of services delivered
under the waiver for that person does not exceed the nonfederal share of the
monthly medical assistance payment made for the person to the nursing facility
in which the person resided prior to entry into the group residential housing
establishment. The rate may not exceed
the MSA equivalent rate plus $426.37 for any case.
(b) A county agency may enter into a group residential housing
agreement for beds with rates in excess of the MSA equivalent rate in addition
to those currently covered under a group residential housing agreement if the
additional beds are only a replacement of beds with rates in excess of the MSA
equivalent rate which have been made available due to closure of a setting, a
change of licensure or certification which removes the beds from group
residential housing payment, or as a result of the downsizing of a group
residential housing setting. The
transfer of available beds from one county to another can only occur by the
agreement of both counties.
Sec. 50. Minnesota
Statutes 2002, section 256I.05, subdivision 1, is amended to read:
Subdivision 1. [MAXIMUM
RATES.] (a) Monthly room and board rates negotiated by a county agency
for a recipient living in group residential housing must not exceed the MSA
equivalent rate specified under section 256I.03, subdivision 5,. with
the exception that a county agency may negotiate a supplementary room and board
rate that exceeds the MSA equivalent rate for recipients of waiver services
under title XIX of the Social Security Act.
This exception is subject to the following conditions:
(1) the setting is licensed by the commissioner of human
services under Minnesota Rules, parts 9555.5050 to 9555.6265;
(2) the setting is not the primary residence of the license
holder and in which the license holder is not the primary caregiver; and
(3) the average supplementary room and board rate in a
county for a calendar year may not exceed the average supplementary room and
board rate for that county in effect on January 1, 2000. For calendar years beginning on or after
January 1, 2002, within the limits of appropriations specifically for this
purpose, the commissioner shall increase each county's supplemental room and
board rate average on an annual basis by a factor consisting of the percentage
change in the Consumer Price Index-All items, United States city average
(CPI-U) for that calendar year compared to the preceding calendar year as
forecasted by Data Resources, Inc., in the third quarter of the preceding
calendar year. If a county has not
negotiated supplementary room and board rates for any facilities located in the
county as of January 1, 2000, or has an average supplemental room and board
rate under $100 per person as of January 1, 2000, it may submit a supplementary
room and board rate request with budget information for a facility to the
commissioner for approval.
The county agency may at any
time negotiate a higher or lower room and board rate than the average
supplementary room and board rate.
(b) Notwithstanding paragraph (a), clause (3), county
agencies may negotiate a supplementary room and board rate that exceeds the MSA
equivalent rate by up to $426.37 for up to five facilities, serving not more
than 20 individuals in total, that were established to replace an intermediate
care facility for persons with mental retardation and related conditions
located in the city of Roseau that became uninhabitable due to flood damage in
June 2002.
[EFFECTIVE DATE.] This
section is effective July 1, 2004, or upon receipt of federal approval
of waiver amendment, whichever is later.
Sec. 51. Minnesota
Statutes 2002, section 256I.05, subdivision 1a, is amended to read:
Subd. 1a.
[SUPPLEMENTARY SERVICE RATES.] (a) Subject to the provisions of section
256I.04, subdivision 3, located
on Indian reservations and for which the tribe has prescribed health and safety
requirements. Service payments under this section may be prohibited under rules
to prevent the supplanting of federal funds with state funds. The commissioner shall pursue the
feasibility of obtaining the approval of the Secretary of Health and Human
Services to provide home and community-based waiver services under title XIX of
the Social Security Act for residents who are not eligible for an existing home
and community-based waiver due to a primary diagnosis of mental illness or
chemical dependency and shall apply for a waiver if it is determined to be
cost-effective. in addition to the room and board rate specified in
subdivision 1, the county agency may negotiate a payment not to exceed
$426.37 for other services necessary to provide room and board provided by the
group residence if the residence is licensed by or registered by the department
of health, or licensed by the department of human services to provide services
in addition to room and board, and if the provider of services is not also
concurrently receiving funding for services for a recipient under a home and
community-based waiver under title XIX of the Social Security Act; or funding
from the medical assistance program under section 256B.0627, subdivision 4, for
personal care services for residents in the setting; or residing in a setting
which receives funding under Minnesota Rules, parts 9535.2000 to
9535.3000. If funding is available for
other necessary services through a home and community-based waiver, or personal
care services under section 256B.0627, subdivision 4, then the GRH rate is
limited to the rate set in subdivision 1.
Unless otherwise provided in law, in no case may the supplementary
service rate plus the supplementary room and board rate exceed
$426.37. The registration and licensure
requirement does not apply to establishments which are exempt from state
licensure because they are
(b) The commissioner is authorized to make cost-neutral
transfers from the GRH fund for beds under this section to other funding
programs administered by the department after consultation with the county or
counties in which the affected beds are located. The commissioner may also make cost-neutral transfers from the
GRH fund to county human service agencies for beds permanently removed from the
GRH census under a plan submitted by the county agency and approved by the
commissioner. The commissioner shall
report the amount of any transfers under this provision annually to the
legislature.
(c) The provisions of paragraph (b) do not apply to a facility
that has its reimbursement rate established under section 256B.431, subdivision
4, paragraph (c).
Sec. 52. Minnesota Statutes
2002, section 256I.05, subdivision 7c, is amended to read:
Subd. 7c.
[DEMONSTRATION PROJECT.] The commissioner is authorized to pursue a
demonstration project under federal food stamp regulation for the purpose of
gaining federal reimbursement of food and nutritional costs currently paid by
the state group residential housing program.
The commissioner shall seek approval no later than January 1,
2004. Any reimbursement received
is nondedicated revenue to the general fund.
Sec. 53. [514.991] [ALTERNATIVE
CARE LIENS; DEFINITIONS.]
Subdivision 1.
[APPLICABILITY.] The definitions in this section apply to
sections 514.991 to 514.995.
Subd. 2.
[ALTERNATIVE CARE AGENCY, AGENCY, OR DEPARTMENT.] "Alternative
care agency," "agency," or "department" means
the department of human services when it pays for or provides
alternative care benefits for a nonmedical assistance recipient directly
or through a county social services agency under chapter 256B according
to section 256B.0913.
Subd. 3. [ALTERNATIVE
CARE BENEFIT OR BENEFITS.] "Alternative care benefit" or
"benefits" means a benefit provided to a nonmedical assistance
recipient under chapter 256B according to section 256B.0913.
Subd. 4.
[ALTERNATIVE CARE RECIPIENT OR RECIPIENT.] "Alternative care
recipient" or "recipient" means a person who receives
alternative care grant benefits.
Subd. 5.
[ALTERNATIVE CARE LIEN OR LIEN.] "Alternative care
lien" or "lien" means a lien filed under sections 514.992 to
514.995.
[EFFECTIVE DATE.] This
section is effective July 1, 2003, for services for persons first
enrolling in the alternative care program on or after that date and on
the first day of the first eligibility renewal period for persons
enrolled in the alternative care program prior to July 1, 2003.
Sec. 54. [514.992]
[ALTERNATIVE CARE LIEN.]
Subdivision 1.
[PROPERTY SUBJECT TO LIEN; LIEN AMOUNT.] (a) Subject to
sections 514.991 to 514.995, payments made by an alternative care agency
to provide benefits to a recipient or to the recipient's spouse who owns
property in this state constitute a lien in favor of the agency on all
real property the recipient owns at and after the time the benefits are
first paid.
(b) The amount of the lien is
limited to benefits paid for services provided to recipients over 55
years of age and provided on and after July 1, 2003.
Subd. 2.
[ATTACHMENT.] (a) A lien attaches to and becomes enforceable
against specific real property as of the date when all of the following
conditions are met:
(1) the agency has paid benefits for a recipient;
(2) the recipient has been given notice and an opportunity
for a hearing under paragraph (b);
(3) the lien has been filed as provided for in section 514.993
or memorialized on the certificate of title for the property it
describes; and
(4) all restrictions against enforcement have ceased to apply.
(b) An agency may not file a lien until it has sent the recipient,
their authorized representative, or their legal representative written
notice of its lien rights by certified mail, return receipt requested,
or registered mail and there has been an opportunity for a hearing under
section 256.045. No person other
than the recipient shall have a right to a hearing under section 256.045
prior to the time the lien is filed.
The hearing shall be limited to whether the agency has met all of
the prerequisites for filing the lien and whether any of the exceptions
in this section apply.
(c) An agency may not file a lien against the recipient's
homestead when any of the following exceptions apply:
(1) while the recipient's spouse is also physically present
and lawfully and continuously residing in the homestead;
(2) a child of the recipient who is under age 21 or who is
blind or totally and permanently disabled according to supplemental
security income criteria is also physically present on the property and
lawfully and continuously residing on the property from and after the
date the recipient first receives benefits;
(3) a child of the recipient who has also lawfully and continuously
resided on the property for a period beginning at least two years before
the first day of the month in which the recipient began receiving
alternative care, and who provided uncompensated care to the recipient
which enabled the recipient to live without alternative care services
for the two-year period;
(4) a sibling of the recipient who has an ownership interest
in the property of record in the office of the county recorder or
registrar of titles for the county in which the real property is located
and who has also continuously occupied the homestead for a period of at
least one year immediately prior to the first day of the first month in
which the recipient received benefits and continuously since that date.
(d) A lien only applies to the real property it describes.
Subd. 3.
[CONTINUATION OF LIEN.] A lien remains effective from the time
it is filed until it is paid, satisfied, discharged, or becomes
unenforceable under sections 514.991 to 514.995.
Subd. 4.
[PRIORITY OF LIEN.] (a) A lien which attaches to the real
property it describes is subject to the rights of anyone else whose
interest in the real property is perfected of record before the lien has
been recorded or filed under section 514.993, including:
(1) an owner, other than the recipient or the recipient's
spouse;
(2) a good faith purchaser for
value without notice of the lien;
(3) a holder of a mortgage or security interest; or
(4) a judgment lien creditor whose judgment lien has attached
to the recipient's interest in the real property.
(b) The rights of the other person have the same protections
against an alternative care lien as are afforded against a judgment lien
that arises out of an unsecured obligation and arises as of the time of
the filing of an alternative care grant lien under section 514.993. The lien shall be inferior to a lien
for property taxes and special assessments and shall be superior to all
other matters first appearing of record after the time and date the lien
is filed or recorded.
Subd. 5.
[SETTLEMENT, SUBORDINATION, AND RELEASE.] (a) An agency may,
with absolute discretion, settle or subordinate the lien to any other
lien or encumbrance of record upon the terms and conditions it deems
appropriate.
(b) The agency filing the lien shall release and discharge
the lien:
(1) if it has been paid, discharged, or satisfied;
(2) if it has received reimbursement for the amounts secured
by the lien, has entered into a binding and legally enforceable
agreement under which it is reimbursed for the amount of the lien, or
receives other collateral sufficient to secure payment of the lien;
(3) against some, but not all, of the property it describes
upon the terms, conditions, and circumstances the agency deems appropriate;
(4) to the extent it cannot be lawfully enforced against
the property it describes because of an error, omission, or other
material defect in the legal description contained in the lien or a
necessary prerequisite to enforcement of the lien; and
(5) if, in its discretion, it determines the filing or enforcement
of the lien is contrary to the public interest.
(c) The agency executing the lien shall execute and file
the release as provided for in section 514.993, subdivision 2.
Subd. 6. [LENGTH
OF LIEN.] (a) A lien shall be a lien on the real property it
describes for a period of ten years from the date it attaches according
to subdivision 2, paragraph (a), except as otherwise provided for in
sections 514.992 to 514.995. The
agency filing the lien may renew the lien for one additional ten-year
period from the date it would otherwise expire by recording or filing a
certificate of renewal before the lien expires. The certificate of renewal shall be recorded
or filed in the office of the county recorder or registrar of titles
for the county in which the lien is recorded or filed. The certificate
must refer to the recording or filing data for the lien it renews. The certificate need not be attested, certified,
or acknowledged as a condition for recording or filing. The recorder or registrar of titles shall
record, file, index, and return the certificate of renewal in the same
manner provided for liens in section 514.993, subdivision 2.
(b) An alternative care lien is not enforceable against the
real property of an estate to the extent there is a determination by
a court of competent jurisdiction, or by an officer of the court
designated for that purpose, that there are insufficient assets in the
estate to satisfy the lien in whole or in part because of the homestead
exemption under section 256B.15, subdivision 4, the rights of a
surviving spouse or a minor child under section 524.2-403, paragraphs
(a) and (b), or claims with a priority under section 524.3-805,
paragraph (a), clauses (1) to (4).
For purposes of this section, the rights of the decedent's adult
children to exempt property under section 524.2-403, paragraph (b),
shall not be considered costs of administration under section 524.3-805,
paragraph (a), clause (1).
[EFFECTIVE DATE.] This
section is effective July 1, 2003, for services for persons first
enrolling in the alternative care program on or after that date and on
the first day of the first eligibility renewal period for persons
enrolled in the alternative care program prior to July 1, 2003.
Sec. 55. [514.993]
[LIEN; CONTENTS AND FILING.]
Subdivision 1.
[CONTENTS.] A lien shall be dated and must contain:
(1) the recipient's full name, last known address, and social
security number;
(2) a statement that benefits have been paid to or for the
recipient's benefit;
(3) a statement that all of the recipient's interests in
the in the real property described in the lien may be subject to or
affected by the agency's right to reimbursement for benefits;
(4) a legal description of the real property subject to the
lien and whether it is registered or abstract property;
(5) such other contents, if any, as the agency deems appropriate.
Subd. 2.
[FILING.] Any lien, release, or other document required or
permitted to be filed under sections 514.991 to 514.995 must be recorded
or filed in the office of the county recorder or registrar of titles, as
appropriate, in the county where the real property is located. Notwithstanding section 386.77, the
agency shall pay the applicable filing fee for any documents filed under
sections 514.991 to 514.995. An attestation,
certification, or acknowledgment is not required as a condition of
filing. If the property described in
the lien is registered property, the registrar of titles shall record it
on the certificate of title for each parcel of property described in
the lien. If the property described in
the lien is abstract property, the recorder shall file the lien in the
county's grantor-grantee indexes and any tract indexes the county maintains
for each parcel of property described in the lien. The recorder or
registrar shall return the recorded or filed lien to the agency at no
cost. If the agency provides a duplicate
copy of the lien, the recorder or registrar of titles shall show the
recording or filing data on the copy and return it to the agency at no
cost. The agency is responsible for
filing any lien, release, or other documents under sections 514.991
to 514.995.
[EFFECTIVE DATE.] This
section is effective July 1, 2003, for services for persons first
enrolling in the alternative care program on or after that date and on
the first day of the first eligibility renewal period for persons
enrolled in the alternative care program prior to July 1, 2003.
Sec. 56. [514.994]
[ENFORCEMENT; OTHER REMEDIES.]
Subdivision 1.
[FORECLOSURE OR ENFORCEMENT OF LIEN.] The agency may enforce
or foreclose a lien filed under sections 514.991 to 514.995 in the
manner provided for by law for enforcement of judgment liens against
real estate or by a foreclosure by action under chapter 581. The lien shall remain enforceable as
provided for in sections 514.991 to 514.995 notwithstanding any laws
limiting the enforceability of judgments.
Subd. 2.
[HOMESTEAD EXEMPTION.] The lien may not be enforced against
the homestead property of the recipient or the spouse while they
physically occupy it as their lawful residence.
Subd. 3.
[AGENCY CLAIM OR REMEDY.] Sections 514.992 to 514.995 do not
limit the agency's right to file a claim against the recipient's estate
or the estate of the recipient's spouse, do not limit any other claims
for reimbursement the agency may have, and do not limit the availability
of any other remedy to the agency.
[EFFECTIVE DATE.] This
section is effective July 1, 2003, for services for persons first
enrolling in the alternative care program on or after that date and on
the first day of the first eligibility renewal period for persons
enrolled in the alternative care program prior to July 1, 2003.
Sec. 57. [514.995] [AMOUNTS
RECEIVED TO SATISFY LIEN.]
Amounts the agency receives to satisfy the lien must be deposited
in the state treasury and credited to the fund from which the benefits
were paid.
[EFFECTIVE DATE.] This
section is effective July 1, 2003, for services for persons first
enrolling in the alternative care program on or after that date and on
the first day of the first eligibility renewal period for persons
enrolled in the alternative care program prior to July 1, 2003.
Sec. 58. Minnesota
Statutes 2002, section 524.3-805, is amended to read:
524.3-805 [CLASSIFICATION OF CLAIMS.]
(a) If the applicable assets of the estate are insufficient to
pay all claims in full, the personal representative shall make payment in the
following order:
(1) costs and expenses of administration;
(2) reasonable funeral expenses;
(3) debts and taxes with preference under federal law;
(4) reasonable and necessary medical, hospital, or nursing home
expenses of the last illness of the decedent, including compensation of persons
attending the decedent, a claim filed under section 256B.15 for
recovery of expenditures for alternative care for nonmedical assistance
recipients under section 256B.0913, and including a claim filed
pursuant to section 256B.15;
(5) reasonable and necessary medical, hospital, and nursing
home expenses for the care of the decedent during the year immediately
preceding death;
(6) debts with preference under other laws of this state, and
state taxes;
(7) all other claims.
(b) No preference shall be given in the payment of any claim
over any other claim of the same class, and a claim due and payable shall not
be entitled to a preference over claims not due, except that if claims for
expenses of the last illness involve only claims filed under section 256B.15
for recovery of expenditures for alternative care for nonmedical
assistance recipients under section 256B.0913, section 246.53 for
costs of state hospital care and claims filed under section 256B.15, claims
filed to recover expenditures for alternative care for nonmedical
assistance recipients under section 256B.0913 shall have preference over
claims filed under both sections 246.53 and other claims filed under
section 256B.15, and claims filed under section 246.53 have preference over
claims filed under section 256B.15 for recovery of amounts other than those
for expenditures for alternative care for nonmedical assistance recipients
under section 256B.0913.
[EFFECTIVE DATE.] This
section is effective July 1, 2003, for decedents dying on or after that
date.
Sec. 59.
[IMPOSITION OF FEDERAL CERTIFICATION REMEDIES.]
The commissioner of health shall seek changes in the federal
policy that mandates the imposition of federal sanctions without
providing an opportunity for a nursing facility to correct deficiencies,
solely as the result of previous deficiencies issued to the nursing
facility.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 60. [REPORT ON
LONG-TERM CARE.]
The report on long-term care services required under Minnesota
Statutes, section 144A.351, that is presented to the legislature by
January 15, 2004, must also address the feasibility of offering
government or private sector loans or lines of credit to individuals age
65 and over, for the purchase of long-term care services.
Sec. 61. [REPORTS;
POTENTIAL SAVINGS TO STATE FROM CERTAIN LONG-TERM CARE INSURANCE PURCHASE
INCENTIVES.]
Subdivision 1.
[LONG-TERM CARE INSURANCE PARTNERSHIPS.] The commissioner of human
services, in consultation with the commissioner of commerce, shall
report to the legislature on the feasibility of Minnesota adopting a
long-term care insurance partnership program similar to those adopted
in other states. In such a program, the
state would encourage purchase of private long-term care insurance by
permitting the insured to retain assets in excess of those otherwise
permitted for medical assistance eligibility, if the insured later
exhausts the private long-term care insurance benefits. The report must include the feasibility of
obtaining any necessary federal waiver.
The report must comply with Minnesota Statutes, sections 3.195
and 3.197.
Subd. 2. [USE OF
MEDICAL ASSISTANCE FUNDS TO SUBSIDIZE PURCHASE OF LONG-TERM CARE INSURANCE.] The
commissioner of human services shall report to the legislature on the
feasibility of using state medical assistance funds to subsidize the
purchase of private long-term care insurance by individuals who would be
unlikely to purchase it without a subsidy, in order to generate long-term
savings of medical assistance expenditures.
The report must comply with Minnesota Statutes, sections 3.195
and 3.197.
Subd. 3.
[NURSING FACILITY BENEFITS IN MEDICARE SUPPLEMENT COVERAGE.] The
commissioner of human services must study and quantify the cost or
savings to the state if a nursing facility benefit were added to
Medicare-related coverage, as defined in Minnesota Statutes, section
62Q.01, subdivision 6.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 62. [REVISOR'S INSTRUCTION.]
For sections in Minnesota Statutes and Minnesota Rules affected
by the repealed sections in this article, the revisor shall delete
internal cross-references where appropriate and make changes necessary
to correct the punctuation, grammar, or structure of the remaining text
and preserve its meaning.
Sec. 63. [REPEALER.]
(a) Minnesota Statutes 2002, sections 256.973; 256.9772;
256B.0928; and 256B.437, subdivision 2, are repealed effective July
1, 2003.
(b) Minnesota Statutes 2002, sections 62J.66; 62J.68; 144A.071,
subdivision 5; and 144A.35, are repealed.
(c) Laws 1998, chapter 407, article 4, section 63, is
repealed.
(d) Minnesota Rules, parts 9505.3045; 9505.3050; 9505.3055;
9505.3060; 9505.3068; 9505.3070; 9505.3075; 9505.3080; 9505.3090;
9505.3095; 9505.3100; 9505.3105; 9505.3107; 9505.3110; 9505.3115;
9505.3120; 9505.3125; 9505.3130; 9505.3138; 9505.3139; 9505.3140;
9505.3680; 9505.3690; and 9505.3700, are repealed effective July 1,
2003.
ARTICLE
4
CONTINUING
CARE FOR PERSONS WITH DISABILITIES
Section 1. Minnesota
Statutes 2002, section 174.30, subdivision 1, is amended to read:
Subdivision 1.
[APPLICABILITY.] (a) The operating standards for special transportation
service adopted under this section do not apply to special transportation
provided by:
(1) a common carrier operating on fixed routes and schedules;
(2) a volunteer driver using a private automobile;
(3) a school bus as defined in section 169.01, subdivision 6;
or
(4) an emergency ambulance regulated under chapter 144.
(b) The operating standards adopted under this section only
apply to providers of special transportation service who receive grants or
other financial assistance from either the state or the federal government, or
both, to provide or assist in providing that service; except that the operating
standards adopted under this section do not apply to any nursing home licensed
under section 144A.02, to any board and care facility licensed under section
144.50, or to any day training and habilitation services, day care, or group
home facility licensed under sections 245A.01 to 245A.19 unless the facility or
program provides transportation to nonresidents on a regular basis and the
facility receives reimbursement, other than per diem payments, for that service
under rules promulgated by the commissioner of human services.
(c) Notwithstanding paragraph (b), the operating standards
adopted under this section do not apply to any vendor of services
licensed under chapter 245B that provides transportation services to
consumers or residents of other vendors licensed under chapter 245B.
Sec. 2. Minnesota
Statutes 2002, section 245B.06, subdivision 8, is amended to read:
Subd. 8. [LEAVING THE
RESIDENCE.] As specified in each consumer's individual service plan, each
consumer requiring a 24-hour plan of care must may leave the
residence to participate in regular education, employment, or community
activities. License holders, providing services to consumers living in a
licensed site, shall ensure that they are prepared to care for consumers
whenever they are at the residence during the day because of illness, work
schedules, or other reasons.
Sec. 3. Minnesota
Statutes 2002, section 245B.07, subdivision 11, is amended to read:
Subd. 11. [TRAVEL TIME
TO AND FROM A DAY TRAINING AND HABILITATION SITE.] Except in unusual
circumstances, the license holder must not transport a consumer receiving
services for longer than one hour 90 minutes per one-way
trip. Nothing in this
subdivision relieves the provider of the obligation to provide the
number of program hours as identified in the individualized service
plan.
Sec. 4. Minnesota
Statutes 2002, section 246.54, is amended to read:
246.54 [LIABILITY OF COUNTY; REIMBURSEMENT.]
Subdivision 1.
[COUNTY PORTION FOR COST OF CARE.] Except for chemical dependency
services provided under sections 254B.01 to 254B.09, the client's county shall
pay to the state of Minnesota a portion of the cost of care provided in a
regional treatment center or a state nursing facility to a client
legally settled in that county. A
county's payment shall be made from the county's own sources of revenue and
payments shall be paid as follows:
payments to the state from the county shall equal ten 20
percent of the cost of care, as determined by the commissioner, for each day,
or the portion thereof, that the client spends at a regional treatment center or
a state nursing facility. If
payments received by the state under sections 246.50 to 246.53 exceed 90
80 percent of the cost of care, the county shall be responsible for
paying the state only the remaining amount.
The county shall not be entitled to reimbursement from the client, the
client's estate, or from the client's relatives, except as provided in section
246.53. No such payments shall be made
for any client who was last committed prior to July 1, 1947.
Subd. 2.
[EXCEPTIONS.] Subdivision 1 does not apply to services
provided at the Minnesota security hospital, the Minnesota sex offender
program, or the Minnesota extended treatment options program. For services at these facilities, a county's
payment shall be made from the county's own sources of revenue and
payments shall be paid as follows:
payments to the state from the county shall equal ten percent of
the cost of care, as determined by the commissioner, for each day, or
the portion thereof, that the client spends at the facility. If payments received by the state
under sections 246.50 to 246.53 exceed 90 percent of the cost of care,
the county shall be responsible for paying the state only the remaining
amount. The county shall not be
entitled to reimbursement from the client, the client's estate, or from
the client's relatives, except as provided in section 246.53.
[EFFECTIVE DATE.] This
section is effective January 1, 2004.
Sec. 5. Minnesota
Statutes 2002, section 252.32, subdivision 1, is amended to read:
Subdivision 1. [PROGRAM
ESTABLISHED.] In accordance with state policy established in section 256F.01
that all children are entitled to live in families that offer safe, nurturing,
permanent relationships, and that public services be directed toward preventing
the unnecessary separation of children from their families, and because many
families who have children with mental retardation or related conditions
disabilities have special needs and expenses that other families do not
have, the commissioner of human services shall establish a program to assist
families who have dependents dependent children with mental
retardation or related conditions disabilities living in their
home. The program shall make support
grants available to the families.
Sec. 6. Minnesota
Statutes 2002, section 252.32, subdivision 1a, is amended to read:
Subd. 1a. [SUPPORT
GRANTS.] (a) Provision of support grants must be limited to families who
require support and whose dependents are under the age of 22 21 and
who have mental retardation or who have a related condition and who have
been determined by a screening team established certified disabled
under section 256B.092 to be at risk of institutionalization 256B.055,
subdivision 12, paragraphs (a), (b), (c), (d), and (e). Families who are receiving home and
community-based waivered services for persons with mental retardation or
related conditions are not eligible for support grants.
authorized to use up to $20,000
annually from the grant appropriation for this purpose. Any amount unexpended at the end of the
grant year shall be allocated by the commissioner in accordance with
subdivision 3a, paragraph (b), clause (2).
Families whose annual adjusted gross income is $60,000 or more are not
eligible for support grants except in cases where extreme hardship is
demonstrated. Beginning in state fiscal
year 1994, the commissioner shall adjust the income ceiling annually to reflect
the projected change in the average value in the United States Department of
Labor Bureau of Labor Statistics consumer price index (all urban) for that
year. Families receiving grants who will be receiving home and
community-based waiver services for persons with mental retardation or a
related condition for their family member within the grant year, and who have
ongoing payments for environmental or vehicle modifications which have been
approved by the county as a grant expense and would have qualified for payment
under this waiver may receive a onetime grant payment from the commissioner to
reduce or eliminate the principal of the remaining debt for the modifications,
not to exceed the maximum amount allowable for the remaining years of
eligibility for a family support grant.
The commissioner is
(b) Support grants may be made available as monthly subsidy
grants and lump sum grants.
(c) Support grants may be issued in the form of cash, voucher,
and direct county payment to a vendor.
(d) Applications for the support grant shall be made by the
legal guardian to the county social service agency. The application shall specify the needs of the families, the form
of the grant requested by the families, and that the families have
agreed to use the support grant for items and services within the
designated reimbursable expense categories and recommendations of the county
to be reimbursed.
(e) Families who were receiving subsidies on the date of
implementation of the $60,000 income limit in paragraph (a) continue to be
eligible for a family support grant until December 31, 1991, if all other
eligibility criteria are met. After December 31, 1991, these families are
eligible for a grant in the amount of one-half the grant they would otherwise
receive, for as long as they remain eligible under other eligibility criteria.
Sec. 7. Minnesota
Statutes 2002, section 252.32, subdivision 3, is amended to read:
Subd. 3. [AMOUNT OF
SUPPORT GRANT; USE.] Support grant amounts shall be determined by the county
social service agency. Each service
Services and item items purchased with a support grant
must:
(1) be over and above the normal costs of caring for the
dependent if the dependent did not have a disability;
(2) be directly attributable to the dependent's disabling
condition; and
(3) enable the family to delay or prevent the out-of-home
placement of the dependent.
The design and delivery of services and items purchased under
this section must suit the dependent's chronological age and be provided in the
least restrictive environment possible, consistent with the needs identified in
the individual service plan.
Items and services purchased with support grants must be those
for which there are no other public or private funds available to the
family. Fees assessed to parents for
health or human services that are funded by federal, state, or county dollars
are not reimbursable through this program.
In approving or denying applications, the county shall consider
the following factors:
(1) the extent and areas of the functional limitations of
the disabled child;
(2) the degree of need in the home environment for additional
support; and
(3) the potential effectiveness of the grant to maintain
and support the person in the family environment.
The maximum monthly grant amount shall be $250 per eligible
dependent, or $3,000 per eligible dependent per state fiscal year, within the
limits of available funds. The county
social service agency may consider the dependent's supplemental security income
in determining the amount of the support grant. The county social service
agency may exceed $3,000 per state fiscal year per eligible dependent for
emergency circumstances in cases where exceptional resources of the family are
required to meet the health, welfare-safety needs of the child.
County social service agencies
shall continue to provide funds to families receiving state grants on June 30,
1997, if eligibility criteria continue to be met. Any adjustments to their monthly grant amount must be based on
the needs of the family and funding availability.
Sec. 8. Minnesota
Statutes 2002, section 252.32, subdivision 3c, is amended to read:
Subd. 3c. [COUNTY BOARD
RESPONSIBILITIES.] County boards receiving funds under this section shall:
(1) determine the needs of families for services in
accordance with section 256B.092 or 256E.08 and any rules adopted under those
sections; submit a plan to the department for the management of
the family support grant program. The
plan must include the projected number of families the county will
serve and policies and procedures for:
(i) identifying potential families for the program;
(ii) grant distribution;
(iii) waiting list procedures; and
(iv) prioritization of families to receive grants;
(2) determine the eligibility of all persons proposed for
program participation;
(3) approve a plan for items and services to be reimbursed and
inform families of the county's approval decision;
(4) issue support grants directly to, or on behalf of, eligible
families;
(5) inform recipients of their right to appeal under
subdivision 3e;
(6) submit quarterly financial reports under subdivision 3b and
indicate on the screening documents the annual grant level for each family,
the families denied grants, and the families eligible but waiting for funding;
and
(7) coordinate services with other programs offered by the
county.
Sec. 9. Minnesota
Statutes 2002, section 252.41, subdivision 3, is amended to read:
Subd. 3. [DAY TRAINING
AND HABILITATION SERVICES FOR ADULTS WITH MENTAL RETARDATION, RELATED
CONDITIONS.] "Day training and habilitation services for adults with
mental retardation and related conditions" means services that:
(1) include supervision, training, assistance, and supported
employment, work-related activities, or other community-integrated activities
designed and implemented in accordance with the individual service and
individual habilitation plans required under Minnesota Rules, parts 9525.0015 to
9525.0165, to help an adult reach and maintain the highest possible level of
independence, productivity, and integration into the community; and
(2) are provided under contract with the county where the
services are delivered by a vendor licensed under sections 245A.01 to 245A.16
and 252.28, subdivision 2, to provide day training and habilitation services;
and
(3) are regularly provided to one or more adults with mental
retardation or related conditions in a place other than the adult's own home or
residence unless medically contraindicated.
Day training and habilitation services
reimbursable under this section do not include special education and related
services as defined in the Education of the Handicapped Act, United States
Code, title 20, chapter 33, section 1401, clauses (6) and (17), or vocational
services funded under section 110 of the Rehabilitation Act of 1973, United
States Code, title 29, section 720, as amended.
Sec. 10. Minnesota
Statutes 2002, section 252.46, subdivision 1, is amended to read:
Subdivision 1. [RATES.]
(a) Payment rates to vendors, except regional centers, for county-funded day
training and habilitation services and transportation provided to persons
receiving day training and habilitation services established by a county board
are governed by subdivisions 2 to 19.
The commissioner shall approve the following three payment rates for
services provided by a vendor:
(1) a full-day service rate for persons who receive at least
six service hours a day, including the time it takes to transport the person to
and from the service site;
(2) a partial-day service rate that must not exceed 75 percent
of the full-day service rate for persons who receive less than a full day of
service; and
(3) a transportation rate for providing, or arranging and
paying for, transportation of a person to and from the person's residence to
the service site.
(b) The commissioner may also approve an hourly job-coach,
follow-along rate for services provided by one employee at or en route to or
from community locations to supervise, support, and assist one person receiving
the vendor's services to learn job-related skills necessary to obtain or retain
employment when and where no other persons receiving services are present and
when all the following criteria are met:
(1) the vendor requests and the county recommends the
optional rate;
(2) the service is prior authorized by the county on the
Medicaid Management Information System for no more than 414 hours in a 12-month
period and the daily per person charge to medical assistance does not exceed
the vendor's approved full day plus transportation rates;
(3) separate full day, partial day, and transportation rates
are not billed for the same person on the same day;
(4) the approved hourly rate does not exceed the sum of the
vendor's current average hourly direct service wage, including fringe benefits
and taxes, plus a component equal to the vendor's average hourly nondirect
service wage expenses; and
(5) the actual revenue received for provision of hourly
job-coach, follow-along services is subtracted from the vendor's total expenses
for the same time period and those adjusted expenses are used for determining
recommended full day and transportation payment rates under subdivision 5 in
accordance with the limitations in subdivision 3.
(b) Notwithstanding any law or rule to the contrary, the
commissioner may authorize county participation in a voluntary individualized
payment rate structure for day training and habilitation services to
allow a county the flexibility to change, after consulting with
providers, from a site-based payment rate structure to an individual
payment rate structure for the providers of day training and
habilitation services in the county.
The commissioner shall seek input from providers and consumers in
establishing procedures for determining the structure of voluntary
individualized payment rates to ensure that there is no additional cost
to the state or counties and that the rate structure is cost-neutral to
providers of day training and habilitation services, on July 1, 2004, or
on day one of the individual rate structure, whichever is later.
(c) Medical assistance rates for home
and community-based service provided under section 256B.501, subdivision 4, by
licensed vendors of day training and habilitation services must not be greater
than the rates for the same services established by counties under sections
252.40 to 252.46. For very dependent
persons with special needs the commissioner may approve an exception to the
approved payment rate under section 256B.501, subdivision 4 or 8.
Sec. 11. Minnesota
Statutes 2002, section 256.476, subdivision 3, is amended to read:
Subd. 3. [ELIGIBILITY
TO APPLY FOR GRANTS.] (a) A person is eligible to apply for a consumer support
grant if the person meets all of the following criteria:
(1) the person is eligible for and has been approved to receive
services under medical assistance as determined under sections 256B.055 and
256B.056 or the person has been approved to receive a grant under the
developmental disability family support program under section 252.32;
(2) the person is able to direct and purchase the person's own
care and supports, or the person has a family member, legal representative, or
other authorized representative who can purchase and arrange supports on the
person's behalf;
(3) the person has functional limitations, requires ongoing
supports to live in the community, and is at risk of or would continue
institutionalization without such supports; and
(4) the person will live in a home. For the purpose of this section, "home" means the
person's own home or home of a person's family member. These homes are natural home settings and
are not licensed by the department of health or human services.
(b) Persons may not concurrently receive a consumer support
grant if they are:
(1) receiving home and community-based services under United
States Code, title 42, section 1396h(c); personal care attendant and home
health aide services, or private duty nursing under section 256B.0625; a
developmental disability family support grant; or alternative care services
under section 256B.0913; or
(2) residing in an institutional or congregate care setting.
(c) A person or person's family receiving a consumer support
grant shall not be charged a fee or premium by a local agency for participating
in the program.
(d) The commissioner may limit the participation of
recipients of services from federal waiver programs in the consumer support
grant program if the participation of these individuals will result in an
increase in the cost to the state. Individuals
receiving home and community-based waivers under United States Code,
title 42, section 1396h(c), are not eligible for the consumer support
grant.
(e) The commissioner shall establish a budgeted appropriation
each fiscal year for the consumer support grant program. The number of individuals participating in
the program will be adjusted so the total amount allocated to counties does not
exceed the amount of the budgeted appropriation. The budgeted appropriation will be adjusted annually to
accommodate changes in demand for the consumer support grants.
Sec. 12. Minnesota
Statutes 2002, section 256.476, subdivision 4, is amended to read:
Subd. 4. [SUPPORT
GRANTS; CRITERIA AND LIMITATIONS.] (a) A county board may choose to participate
in the consumer support grant program.
If a county has not chosen to participate by July 1, 2002, the
commissioner shall contract with another county or other entity to provide
access to residents of the nonparticipating county
who choose the consumer support grant option.
The commissioner shall notify the county board in a county that has
declined to participate of the commissioner's intent to enter into a contract
with another county or other entity at least 30 days in advance of entering
into the contract. The local agency
shall establish written procedures and criteria to determine the amount and use
of support grants. These procedures must include, at least, the availability of
respite care, assistance with daily living, and adaptive aids. The local agency
may establish monthly or annual maximum amounts for grants and procedures where
exceptional resources may be required to meet the health and safety needs of
the person on a time-limited basis, however, the total amount awarded to each
individual may not exceed the limits established in subdivision 11.
(b) Support grants to a person or a person's family will be
provided through a monthly subsidy payment and be in the form of cash, voucher,
or direct county payment to vendor.
Support grant amounts must be determined by the local agency. Each service and item purchased with a
support grant must meet all of the following criteria:
(1) it must be over and above the normal cost of caring for the
person if the person did not have functional limitations;
(2) it must be directly attributable to the person's functional
limitations;
(3) it must enable the person or the person's family to delay
or prevent out-of-home placement of the person; and
(4) it must be consistent with the needs identified in the
service plan agreement, when applicable.
(c) Items and services purchased with support grants must be
those for which there are no other public or private funds available to the
person or the person's family. Fees
assessed to the person or the person's family for health and human services are
not reimbursable through the grant.
(d) In approving or denying applications, the local agency shall
consider the following factors:
(1) the extent and areas of the person's functional
limitations;
(2) the degree of need in the home environment for additional
support; and
(3) the potential effectiveness of the grant to maintain and
support the person in the family environment or the person's own home.
(e) At the time of application to the program or screening for
other services, the person or the person's family shall be provided sufficient
information to ensure an informed choice of alternatives by the person, the
person's legal representative, if any, or the person's family. The application shall be made to the local
agency and shall specify the needs of the person and family, the form and
amount of grant requested, the items and services to be reimbursed, and
evidence of eligibility for medical assistance.
(f) Upon approval of an application by the local agency and
agreement on a support plan for the person or person's family, the local agency
shall make grants to the person or the person's family. The grant shall be in an amount for the
direct costs of the services or supports outlined in the service agreement.
(g) Reimbursable costs shall not include costs for resources
already available, such as special education classes, day training and
habilitation, case management, other services to which the person is entitled,
medical costs covered by insurance or other health programs, or other resources
usually available at no cost to the person or the person's family.
(h) The state of Minnesota, the county boards participating
in the consumer support grant program, or the agencies acting on behalf of the
county boards in the implementation and administration of the consumer support
grant program shall not be liable for damages, injuries, or liabilities
sustained through the purchase of support by the individual, the individual's
family, or the authorized representative under this section with funds received
through the consumer support grant program.
Liabilities include but are not limited to: workers' compensation liability, the Federal Insurance
Contributions Act (FICA), or the Federal Unemployment Tax Act (FUTA). For purposes of this section, participating
county boards and agencies acting on behalf of county boards are exempt from the
provisions of section 268.04.
Sec. 13. Minnesota
Statutes 2002, section 256.476, subdivision 5, is amended to read:
Subd. 5.
[REIMBURSEMENT, ALLOCATIONS, AND REPORTING.] (a) For the purpose of
transferring persons to the consumer support grant program from specific
programs or services, such as the developmental disability family support
program and personal care assistant services, home health aide services, or
private duty nursing services, the amount of funds transferred by the
commissioner between the developmental disability family support program
account, the medical assistance account, or the consumer support grant account
shall be based on each county's participation in transferring persons to the
consumer support grant program from those programs and services.
(b) At the beginning of each fiscal year, county allocations
for consumer support grants shall be based on:
(1) the number of persons to whom the county board expects to
provide consumer supports grants;
(2) their eligibility for current program and services;
(3) the amount of nonfederal dollars allowed under subdivision
11; and
(4) projected dates when persons will start receiving
grants. County allocations shall be
adjusted periodically by the commissioner based on the actual transfer of
persons or service openings, and the nonfederal dollars associated with those
persons or service openings, to the consumer support grant program.
(c) The amount of funds transferred by the commissioner from
the medical assistance account for an individual may be changed if it is
determined by the county or its agent that the individual's need for support
has changed.
(d) The authority to utilize funds transferred to the consumer
support grant account for the purposes of implementing and administering the
consumer support grant program will not be limited or constrained by the
spending authority provided to the program of origination.
(e) The commissioner may use up to five percent of each
county's allocation, as adjusted, for payments for administrative expenses, to
be paid as a proportionate addition to reported direct service expenditures.
(f) The county allocation for each individual or individual's
family cannot exceed the amount allowed under subdivision 11.
(g) The commissioner may recover, suspend, or withhold payments
if the county board, local agency, or grantee does not comply with the
requirements of this section.
(h) Grant funds unexpended by consumers shall return to the
state once a year. The annual return of
unexpended grant funds shall occur in the quarter following the end of the
state fiscal year.
Sec. 14. Minnesota
Statutes 2002, section 256.482, subdivision 8, is amended to read:
Subd. 8. [SUNSET.]
Notwithstanding section 15.059, subdivision 5, the council on disability shall
not sunset until June 30, 2003 2007.
[EFFECTIVE DATE.] This
section is effective May 30, 2003.
Sec. 15. Minnesota
Statutes 2002, section 256B.0621, subdivision 4, is amended to read:
Subd. 4. [RELOCATION
TARGETED CASE MANAGEMENT PROVIDER QUALIFICATIONS.] The following
qualifications and certification standards must be met by providers of
relocation targeted case management:
(a) The commissioner must certify each provider of
relocation targeted case management before enrollment. The certification process shall examine the
provider's ability to meet the requirements in this subdivision and other
federal and state requirements of this service. A certified relocation targeted case management provider may
subcontract with another provider to deliver relocation targeted case
management services. Subcontracted
providers must demonstrate the ability to provide the services outlined in
subdivision 6.
(b) (a) A relocation targeted case management
provider is an enrolled medical assistance provider who is determined by the
commissioner to have all of the following characteristics:
(1) the legal authority to provide public welfare under
sections 393.01, subdivision 7; and 393.07; or a federally recognized Indian
tribe;
(2) the demonstrated capacity and experience to provide the
components of case management to coordinate and link community resources needed
by the eligible population;
(3) the administrative capacity and experience to serve the
target population for whom it will provide services and ensure quality of
services under state and federal requirements;
(4) the legal authority to provide complete investigative and
protective services under section 626.556, subdivision 10; and child welfare
and foster care services under section 393.07, subdivisions 1 and 2; or a
federally recognized Indian tribe;
(5) a financial management system that provides accurate
documentation of services and costs under state and federal requirements; and
(6) the capacity to document and maintain individual case
records under state and federal requirements.
(b) A provider of targeted case management under section
256B.0625, subdivision 20, may be deemed a certified provider of
relocation targeted case management.
(c) A relocation targeted case management provider may subcontract
with another provider to deliver relocation targeted case management
services. Subcontracted providers must
demonstrate the ability to provide the services outlined in subdivision
6, and have a procedure in place that notifies the recipient and the
recipient's legal representative of any conflict of interest if the
contracted targeted case management provider also provides, or will
provide, the recipient's services and supports. Contracted providers must provide information
on all conflicts of interest and obtain the recipient's informed consent
or provide the recipient with alternatives.
Sec. 16.
[256B.0622] [INTENSIVE REHABILITATIVE MENTAL HEALTH SERVICES.]
Subdivision 1.
[SCOPE.] Subject to federal approval, medical assistance
covers medically necessary, intensive nonresidential and residential
rehabilitative mental health services as defined in subdivision 2, for
recipients as defined in subdivision 3, when the services are provided by
an entity meeting the standards in this section.
Subd. 2.
[DEFINITIONS.] For purposes of this section, the following
terms have the meanings given them.
(a) "Intensive nonresidential rehabilitative mental
health services" means adult rehabilitative mental health services
as defined in section 256B.0623, subdivision 2, paragraph (a), except
that these services are provided by a multidisciplinary staff using a
total team approach consistent with assertive community treatment and
other evidence-based practices, and directed to recipients with a
serious mental illness who require intensive services.
(b) "Intensive residential rehabilitative mental health
services" means short-term, time-limited services provided in a residential
setting to recipients who are in need of more restrictive settings and
are at risk of significant functional deterioration if they do not
receive these services. Services are
designed to develop and enhance psychiatric stability, personal and
emotional adjustment, self-sufficiency, and skills to live in a more
independent setting. Services must be
directed toward a targeted discharge date with specified client outcomes
and must be consistent with evidence-based practices.
(c) "Evidence-based practices" are nationally
recognized mental health services that are proven by substantial
research to be effective in helping individuals with serious mental illness
obtain specific treatment goals.
(d) "Overnight staff" means a member of the
intensive residential rehabilitative mental health treatment team who is
responsible during hours when recipients are typically asleep.
(e) "Treatment team" means all staff who provide
services under this section to recipients. At a minimum, this includes the clinical supervisor,
mental health professionals, mental health practitioners, and mental
health rehabilitation workers.
Subd. 3.
[ELIGIBILITY.] An eligible recipient is an individual who:
(1) is age 18 or older;
(2) is eligible for medical assistance;
(3) is diagnosed with a mental illness;
(4) because of a mental illness, has substantial disability
and functional impairment in three or more of the areas listed in
section 245.462, subdivision 11a, so that self-sufficiency is markedly
reduced;
(5) has one or more of the following: a history of two or more inpatient
hospitalizations in the past year, significant independent living
instability, homelessness, or very frequent use of mental health and
related services yielding poor outcomes; and
(6) in the written opinion of a licensed mental health professional,
has the need for mental health services that cannot be met with other
available community-based services, or is likely to experience a mental
health crisis or require a more restrictive setting if intensive rehabilitative
mental health services are not provided.
Subd. 4.
[PROVIDER CERTIFICATION AND CONTRACT REQUIREMENTS.] (a) The intensive
nonresidential rehabilitative mental health services provider must:
(1) have a contract with the host county to provide intensive
adult rehabilitative mental health services; and
(2) be certified by the commissioner as being in compliance
with this section and section 256B.0623.
(b) The intensive residential rehabilitative mental health
services provider must:
(1) be licensed under Minnesota Rules, parts 9520.0500 to
9520.0670;
(2) not exceed 16 beds per site;
(3) comply with the additional standards in this section;
and
(4) have a contract with the host county to provide these
services.
(c) The commissioner shall develop procedures for counties
and providers to submit contracts and other documentation as needed
to allow the commissioner to determine whether the standards in this
section are met.
Subd. 5.
[STANDARDS APPLICABLE TO BOTH NONRESIDENTIAL AND RESIDENTIAL PROVIDERS.]
(a) Services must be provided by qualified staff as defined in
section 256B.0623, subdivision 5, who are trained and supervised
according to section 256B.0623, subdivision 6, except that mental health
rehabilitation workers acting as overnight staff are not required to
comply with section 256B.0623, subdivision 5, clause (3)(iv).
(b) The clinical supervisor must be an active member of the
treatment team. The treatment team
must meet with the clinical supervisor at least weekly to discuss
recipients' progress and make rapid adjustments to meet recipients'
needs. The team meeting shall
include recipient-specific case reviews and general treatment
discussions among team members. Recipient-specific case reviews and
planning must be documented in the individual recipient's treatment
record.
(c) Treatment staff must have prompt access in person or by
telephone to a mental health practitioner or mental health professional. The provider must have the capacity to
promptly and appropriately respond to emergent needs and make any necessary
staffing adjustments to assure the health and safety of recipients.
(d) The initial functional assessment must be completed within
ten days of intake and updated at least every three months or prior to
discharge from the service, whichever comes first.
(e) The initial individual treatment plan must be completed
within ten days of intake and reviewed and updated at least monthly
with the recipient.
Subd. 6.
[ADDITIONAL STANDARDS APPLICABLE ONLY TO INTENSIVE RESIDENTIAL
REHABILITATIVE MENTAL HEALTH SERVICES.] (a) The provider of intensive
residential services must have sufficient staff to provide 24 hour per
day coverage to deliver the rehabilitative services described in the
treatment plan and to safely supervise and direct the activities of
recipients given the recipient's level of behavioral and psychiatric
stability, cultural needs, and vulnerability.
The provider must have the capacity within the facility to
provide integrated services for chemical dependency, illness management
services, and family education when appropriate.
(b) At a minimum:
(1) staff must be available and provide direction and supervision
whenever recipients are present in the facility;
(2) staff must remain awake during all work hours;
(3) there must be a staffing ratio of at least one to nine
recipients for each day and evening shift.
If more than nine recipients are present at the residential site,
there must be a minimum of two staff during day and evening shifts, one
of whom must be a mental health practitioner or mental health professional;
(4) if services are provided to recipients who need the services
of a medical professional, the provider shall assure that these services
are provided either by the provider's own medical staff or through
referral to a medical professional; and
(5) the provider must employ or contract with a licensed
registered nurse to ensure the effectiveness and safety of medication
administration in the facility.
Subd. 7. [ADDITIONAL STANDARDS FOR NONRESIDENTIAL SERVICES.] The
standards in this subdivision apply to intensive nonresidential
rehabilitative mental health services.
(1) The treatment team must use team treatment, not an individual
treatment model.
(2) The clinical supervisor must function as a practicing
clinician at least on a part-time basis.
(3) The staffing ratio must not exceed ten recipients to
one full-time equivalent treatment team position.
(4) Services must be available at times that meet client
needs.
(5) The treatment team must actively and assertively engage
and reach out to the recipient's family members and significant others,
after obtaining the recipient's permission.
(6) The treatment team must establish ongoing communication
and collaboration between the team, family, and significant others
and educate the family and significant others about mental illness,
symptom management, and the family's role in treatment.
(7) The treatment team must provide interventions to promote
positive interpersonal relationships.
Subd. 8.
[MEDICAL ASSISTANCE PAYMENT FOR INTENSIVE REHABILITATIVE MENTAL HEALTH
SERVICES.] (a) Payment for residential and nonresidential services in
this section shall be based on one daily rate per provider inclusive of
the following services received by an eligible recipient in a given
calendar day: all rehabilitative
services under this section and crisis stabilization services under
section 256B.0624.
(b) Except as indicated in paragraph (c), payment will not
be made to more than one entity for each recipient for services provided
under this section on a given day. If
services under this section are provided by a team that includes staff
from more than one entity, the team must determine how to distribute
the payment among the members.
(c) The host county shall recommend to the commissioner one
rate for each entity that will bill medical assistance for residential
services under this section and two rates for each nonresidential
provider. The first nonresidential rate
is for recipients who are not receiving residential services. The second nonresidential rate is for
recipients
who are temporarily receiving residential services and need continued
contact with the nonresidential team to assure timely discharge from
residential services. In developing
these rates, the host county shall consider and document:
(1) the cost for similar services in the local trade area;
(2) actual costs incurred by entities providing the services;
(3) the intensity and frequency of services to be provided
to each recipient;
(4) the degree to which recipients will receive services
other than services under this section;
(5) the costs of other services, such as case management,
that will be separately reimbursed; and
(6) input from the local planning process authorized by the
adult mental health initiative under section 245.4661, regarding recipients'
service needs.
(d) The rate for intensive rehabilitative mental health services
must exclude room and board, as defined in section 256I.03, subdivision
6, and services not covered under this section, such as case management,
partial hospitalization, home care, and inpatient services. Physician services that are not separately
billed may be included in the rate to the extent that a psychiatrist is
a member of the treatment team. The
county's recommendation shall specify the period for which the rate will
be applicable, not to exceed two years.
(e) When services under this section are provided by an assertive
community team, case management functions must be an integral part of
the team. The county must allocate
costs which are reimbursable under this section versus costs which are
reimbursable through case management or other reimbursement, so that
payment is not duplicated.
(f) The rate for a provider must not exceed the rate charged
by that provider for the same service to other payors.
(g) The commissioner shall approve or reject the county's
rate recommendation, based on the commissioner's own analysis of the
criteria in paragraph (c).
Subd. 9.
[PROVIDER ENROLLMENT; RATE SETTING FOR COUNTY-OPERATED ENTITIES.] Counties
that employ their own staff to provide services under this section shall
apply directly to the commissioner for enrollment and rate setting. In this case, a county contract is
not required and the commissioner shall perform the program review and
rate setting duties which would otherwise be required of counties under
this section.
Subd. 10.
[PROVIDER ENROLLMENT; RATE SETTING FOR SPECIALIZED PROGRAM.] A
provider proposing to serve a subpopulation of eligible recipients may
bypass the county approval procedures in this section and receive
approval for provider enrollment and rate setting directly from the commissioner
under the following circumstances:
(1) the provider demonstrates that the subpopulation to be
served requires a specialized program which is not available from
county-approved entities; and
(2) the subpopulation to be served is of such a low incidence
that it is not feasible to develop a program serving a single county or
regional group of counties.
For providers meeting the criteria in clauses (1) and (2),
the commissioner shall perform the program review and rate setting
duties which would otherwise be required of counties under this section.
Sec. 17. Minnesota Statutes 2002, section 256B.0623, subdivision 2, is
amended to read:
Subd. 2. [DEFINITIONS.]
For purposes of this section, the following terms have the meanings given them.
(a) "Adult rehabilitative mental health services"
means mental health services which are rehabilitative and enable the recipient
to develop and enhance psychiatric stability, social competencies, personal and
emotional adjustment, and independent living and community skills, when these
abilities are impaired by the symptoms of mental illness. Adult rehabilitative mental health services
are also appropriate when provided to enable a recipient to retain stability
and functioning, if the recipient would be at risk of significant functional
decompensation or more restrictive service settings without these services.
(1) Adult rehabilitative mental health services instruct,
assist, and support the recipient in areas such as: interpersonal communication
skills, community resource utilization and integration skills, crisis
assistance, relapse prevention skills, health care directives, budgeting and
shopping skills, healthy lifestyle skills and practices, cooking and nutrition
skills, transportation skills, medication education and monitoring, mental
illness symptom management skills, household management skills,
employment-related skills, and transition to community living services.
(2) These services shall be provided to the recipient on a
one-to-one basis in the recipient's home or another community setting or in
groups.
(b) "Medication education services" means services
provided individually or in groups which focus on educating the recipient about
mental illness and symptoms; the role and effects of medications in treating
symptoms of mental illness; and the side effects of medications. Medication education is coordinated with
medication management services and does not duplicate it. Medication education
services are provided by physicians, pharmacists, physician's assistants,
or registered nurses.
(c) "Transition to community living services" means
services which maintain continuity of contact between the rehabilitation
services provider and the recipient and which facilitate discharge from a
hospital, residential treatment program under Minnesota Rules, chapter 9505,
board and lodging facility, or nursing home.
Transition to community living services are not intended to provide
other areas of adult rehabilitative mental health services.
Sec. 18. Minnesota
Statutes 2002, section 256B.0623, subdivision 4, is amended to read:
Subd. 4. [PROVIDER
ENTITY STANDARDS.] (a) The provider entity must be:
(1) a county operated entity certified by the state; or
(2) a noncounty entity certified by the entity's host county
certified by the state following the certification process and
procedures developed by the commissioner.
(b) The certification process is a determination as to whether
the entity meets the standards in this subdivision. The certification must specify which adult rehabilitative mental
health services the entity is qualified to provide.
(c) If an entity seeks to provide services outside its host
county, it A noncounty provider entity must obtain additional
certification from each county in which it will provide services. The additional certification must be based
on the adequacy of the entity's knowledge of that county's local health and
human service system, and the ability of the entity to coordinate its services
with the other services available in that county. A county-operated entity must obtain this additional
certification from any other county in which it will provide services.
(d) Recertification must occur at
least every two three years.
(e) The commissioner may intervene at any time and decertify
providers with cause. The
decertification is subject to appeal to the state. A county board may recommend that the state decertify a provider
for cause.
(f) The adult rehabilitative mental health services provider
entity must meet the following standards:
(1) have capacity to recruit, hire, manage, and train mental
health professionals, mental health practitioners, and mental health
rehabilitation workers;
(2) have adequate administrative ability to ensure availability
of services;
(3) ensure adequate preservice and inservice and ongoing
training for staff;
(4) ensure that mental health professionals, mental health
practitioners, and mental health rehabilitation workers are skilled in the
delivery of the specific adult rehabilitative mental health services provided
to the individual eligible recipient;
(5) ensure that staff is capable of implementing culturally
specific services that are culturally competent and appropriate as determined
by the recipient's culture, beliefs, values, and language as identified in the
individual treatment plan;
(6) ensure enough flexibility in service delivery to respond to
the changing and intermittent care needs of a recipient as identified by the
recipient and the individual treatment plan;
(7) ensure that the mental health professional or mental health
practitioner, who is under the clinical supervision of a mental health
professional, involved in a recipient's services participates in the
development of the individual treatment plan;
(8) assist the recipient in arranging needed crisis assessment,
intervention, and stabilization services;
(9) ensure that services are coordinated with other recipient
mental health services providers and the county mental health authority and the
federally recognized American Indian authority and necessary others after
obtaining the consent of the recipient.
Services must also be coordinated with the recipient's case manager or
care coordinator if the recipient is receiving case management or care
coordination services;
(10) develop and maintain recipient files, individual treatment
plans, and contact charting;
(11) develop and maintain staff training and personnel files;
(12) submit information as required by the state;
(13) establish and maintain a quality assurance plan to
evaluate the outcome of services provided;
(14) keep all necessary records required by law;
(15) deliver services as required by section 245.461;
(16) comply with all applicable laws;
(17) be an enrolled Medicaid provider;
(18) maintain a quality assurance plan
to determine specific service outcomes and the recipient's satisfaction with
services; and
(19) develop and maintain written policies and procedures
regarding service provision and administration of the provider entity.
(g) The commissioner shall develop statewide procedures for
provider certification, including timelines for counties to certify qualified
providers.
Sec. 19. Minnesota
Statutes 2002, section 256B.0623, subdivision 5, is amended to read:
Subd. 5.
[QUALIFICATIONS OF PROVIDER STAFF.] Adult rehabilitative mental health
services must be provided by qualified individual provider staff of a certified
provider entity. Individual provider
staff must be qualified under one of the following criteria:
(1) a mental health professional as defined in section 245.462,
subdivision 18, clauses (1) to (5);
(2) a mental health practitioner as defined in section 245.462,
subdivision 17. The mental health
practitioner must work under the clinical supervision of a mental health
professional; or
(3) a mental health rehabilitation worker. A mental health rehabilitation worker means
a staff person working under the direction of a mental health practitioner or
mental health professional and under the clinical supervision of a mental
health professional in the implementation of rehabilitative mental health
services as identified in the recipient's individual treatment plan who:
(i) is at least 21 years of age;
(ii) has a high school diploma or equivalent;
(iii) has successfully completed 30 hours of training during
the past two years in all of the following areas: recipient rights,
recipient-centered individual treatment planning, behavioral terminology,
mental illness, co-occurring mental illness and substance abuse, psychotropic
medications and side effects, functional assessment, local community resources,
adult vulnerability, recipient confidentiality; and
(iv) meets the qualifications in subitem (A) or (B):
(A) has an associate of arts degree in one of the behavioral
sciences or human services, or is a registered nurse without a bachelor's
degree, or who within the previous ten years has:
(1) three years of personal life experience with serious and
persistent mental illness;
(2) three years of life experience as a primary caregiver to an
adult with a serious mental illness or traumatic brain injury; or
(3) 4,000 hours of supervised paid work experience in the
delivery of mental health services to adults with a serious mental illness or
traumatic brain injury; or
(B)(1) is fluent in the non-English language or competent in
the culture of the ethnic group to which at least 50 20 percent
of the mental health rehabilitation worker's clients belong;
(2) receives during the first 2,000
hours of work, monthly documented individual clinical supervision by a mental
health professional;
(3) has 18 hours of documented field supervision by a mental
health professional or practitioner during the first 160 hours of contact work
with recipients, and at least six hours of field supervision quarterly during
the following year;
(4) has review and cosignature of charting of recipient
contacts during field supervision by a mental health professional or
practitioner; and
(5) has 40 hours of additional continuing education on mental
health topics during the first year of employment.
Sec. 20. Minnesota
Statutes 2002, section 256B.0623, subdivision 6, is amended to read:
Subd. 6. [REQUIRED
TRAINING AND SUPERVISION.] (a) Mental health rehabilitation workers must
receive ongoing continuing education training of at least 30 hours every two
years in areas of mental illness and mental health services and other areas
specific to the population being served.
Mental health rehabilitation workers must also be subject to the ongoing
direction and clinical supervision standards in paragraphs (c) and (d).
(b) Mental health practitioners must receive ongoing continuing
education training as required by their professional license; or if the practitioner
is not licensed, the practitioner must receive ongoing continuing education
training of at least 30 hours every two years in areas of mental illness and
mental health services. Mental health
practitioners must meet the ongoing clinical supervision standards in paragraph
(c).
(c) Clinical supervision may be provided by a full or part-time
qualified professional employed by or under contract with the provider
entity. Clinical supervision may be
provided by interactive videoconferencing according to procedures developed
by the commissioner. A mental
health professional providing clinical supervision of staff delivering adult
rehabilitative mental health services must provide the following guidance:
(1) review the information in the recipient's file;
(2) review and approve initial and updates of individual
treatment plans;
(3) meet with mental health rehabilitation workers and
practitioners, individually or in small groups, at least monthly to discuss
treatment topics of interest to the workers and practitioners;
(4) meet with mental health rehabilitation workers and
practitioners, individually or in small groups, at least monthly to discuss
treatment plans of recipients, and approve by signature and document in the
recipient's file any resulting plan updates;
(5) meet at least twice a month monthly with the
directing mental health practitioner, if there is one, to review needs of the
adult rehabilitative mental health services program, review staff on-site
observations and evaluate mental health rehabilitation workers, plan staff
training, review program evaluation and development, and consult with the
directing practitioner; and
(6) be available for urgent consultation as the individual
recipient needs or the situation necessitates; and
(7) provide clinical supervision by full- or part-time
mental health professionals employed by or under contract with the provider
entity.
(d) An adult rehabilitative mental health services provider
entity must have a treatment director who is a mental health practitioner or
mental health professional. The
treatment director must ensure the following:
(1) while delivering direct services to recipients, a newly
hired mental health rehabilitation worker must be directly observed delivering
services to recipients by the a mental health practitioner or
mental health professional for at least six hours per 40 hours worked during
the first 160 hours that the mental health rehabilitation worker works;
(2) the mental health rehabilitation worker must receive
ongoing on-site direct service observation by a mental health professional or
mental health practitioner for at least six hours for every six months of
employment;
(3) progress notes are reviewed from on-site service
observation prepared by the mental health rehabilitation worker and mental
health practitioner for accuracy and consistency with actual recipient contact
and the individual treatment plan and goals;
(4) immediate availability by phone or in person for
consultation by a mental health professional or a mental health practitioner to
the mental health rehabilitation services worker during service provision;
(5) oversee the identification of changes in individual
recipient treatment strategies, revise the plan, and communicate treatment
instructions and methodologies as appropriate to ensure that treatment is
implemented correctly;
(6) model service practices which: respect the recipient, include the recipient in planning and
implementation of the individual treatment plan, recognize the recipient's
strengths, collaborate and coordinate with other involved parties and
providers;
(7) ensure that mental health practitioners and mental health
rehabilitation workers are able to effectively communicate with the recipients,
significant others, and providers; and
(8) oversee the record of the results of on-site observation
and charting evaluation and corrective actions taken to modify the work of the
mental health practitioners and mental health rehabilitation workers.
(e) A mental health practitioner who is providing treatment
direction for a provider entity must receive supervision at least monthly from
a mental health professional to:
(1) identify and plan for general needs of the recipient
population served;
(2) identify and plan to address provider entity program needs
and effectiveness;
(3) identify and plan provider entity staff training and
personnel needs and issues; and
(4) plan, implement, and evaluate provider entity quality
improvement programs.
Sec. 21. Minnesota
Statutes 2002, section 256B.0623, subdivision 8, is amended to read:
Subd. 8. [DIAGNOSTIC
ASSESSMENT.] Providers of adult rehabilitative mental health services must
complete a diagnostic assessment as defined in section 245.462, subdivision 9,
within five days after the recipient's second visit or within 30 days after
intake, whichever occurs first. In
cases where a diagnostic assessment is available that reflects the recipient's
current status, and has been completed within 180 days preceding admission, an
update must be completed. An update
shall include a written summary by a mental health professional of the
recipient's current mental health status and service needs. If the recipient's mental health status has
changed significantly since the adult's
most recent diagnostic assessment, a new diagnostic assessment is
required. For initial implementation
of adult rehabilitative mental health services, until June 30, 2005,
a diagnostic assessment that reflects the recipient's current status and
has been completed within the past three years preceding admission is
acceptable.
Sec. 22. Minnesota
Statutes 2002, section 256B.0625, subdivision 19c, is amended to read:
Subd. 19c. [PERSONAL
CARE.] Medical assistance covers personal care assistant services provided by
an individual who is qualified to provide the services according to subdivision
19a and section 256B.0627, where the services are prescribed by a physician in
accordance with a plan of treatment and are supervised by the recipient or a
qualified professional. "Qualified professional" means a mental
health professional as defined in section 245.462, subdivision 18, or 245.4871,
subdivision 27; or a registered nurse as defined in sections 148.171 to 148.285,
or a licensed social worker as defined in section 148B.21. As part of the assessment, the county public
health nurse will assist the recipient or responsible party to identify the
most appropriate person to provide supervision of the personal care assistant. The qualified professional shall perform the
duties described in Minnesota Rules, part 9505.0335, subpart 4.
Sec. 23. Minnesota
Statutes 2002, section 256B.0627, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITION.] (a) "Activities of daily living" includes
eating, toileting, grooming, dressing, bathing, transferring, mobility, and
positioning.
(b) "Assessment" means a review and evaluation of a
recipient's need for home care services conducted in person. Assessments for
private duty nursing shall be conducted by a registered private duty
nurse. Assessments for home health
agency services shall be conducted by a home health agency nurse. Assessments for personal care assistant
services shall be conducted by the county public health nurse or a certified
public health nurse under contract with the county. A face-to-face assessment must include: documentation of health status, determination of need, evaluation
of service effectiveness, identification of appropriate services, service plan
development or modification, coordination of services, referrals and follow-up
to appropriate payers and community resources, completion of required reports,
recommendation of service authorization, and consumer education. Once the need for personal care assistant services
is determined under this section, the county public health nurse or certified
public health nurse under contract with the county is responsible for
communicating this recommendation to the commissioner and the recipient. A face-to-face assessment for personal care
assistant services is conducted on those recipients who have never had a county
public health nurse assessment. A
face-to-face assessment must occur at least annually or when there is a
significant change in the recipient's condition or when there is a change in
the need for personal care assistant services.
A service update may substitute for the annual face-to-face assessment
when there is not a significant change in recipient condition or a change in
the need for personal care assistant service.
A service update or review for temporary increase includes a review of
initial baseline data, evaluation of service effectiveness, redetermination of
service need, modification of service plan and appropriate referrals, update of
initial forms, obtaining service authorization, and on going consumer
education. Assessments for medical
assistance home care services for mental retardation or related conditions and
alternative care services for developmentally disabled home and community-based
waivered recipients may be conducted by the county public health nurse to
ensure coordination and avoid duplication.
Assessments must be completed on forms provided by the commissioner
within 30 days of a request for home care services by a recipient or responsible
party.
(c) "Care plan" means a written description of
personal care assistant services developed by the qualified professional or the
recipient's physician with the recipient or responsible party to be used by the
personal care assistant with a copy provided to the recipient or responsible
party.
(d) "Complex and regular private duty nursing care"
means:
(1) complex care is private duty nursing provided to
recipients who are ventilator dependent or for whom a physician has certified
that were it not for private duty nursing the recipient would meet the criteria
for inpatient hospital intensive care unit (ICU) level of care; and
(2) regular care is private duty nursing provided to all other
recipients.
(e) "Health-related functions" means functions that
can be delegated or assigned by a licensed health care professional under state
law to be performed by a personal care attendant.
(f) "Home care services" means a health service,
determined by the commissioner as medically necessary, that is ordered by a
physician and documented in a service plan that is reviewed by the physician at
least once every 60 days for the provision of home health services, or private
duty nursing, or at least once every 365 days for personal care. Home care services are provided to the
recipient at the recipient's residence that is a place other than a hospital or
long-term care facility or as specified in section 256B.0625.
(g) "Instrumental activities of daily living"
includes meal planning and preparation, managing finances, shopping for food,
clothing, and other essential items, performing essential household chores,
communication by telephone and other media, and getting around and
participating in the community.
(h) "Medically necessary" has the meaning given in
Minnesota Rules, parts 9505.0170 to 9505.0475.
(i) "Personal care assistant" means a person who:
(1) is at least 18 years old, except for persons 16 to 18 years
of age who participated in a related school-based job training program or have
completed a certified home health aide competency evaluation;
(2) is able to effectively communicate with the recipient and
personal care provider organization;
(3) effective July 1, 1996, has completed one of the training
requirements as specified in Minnesota Rules, part 9505.0335, subpart 3, items
A to D;
(4) has the ability to, and provides covered personal care
assistant services according to the recipient's care plan, responds
appropriately to recipient needs, and reports changes in the recipient's
condition to the supervising qualified professional or physician;
(5) is not a consumer of personal care assistant services; and
(6) is subject to criminal background checks and procedures
specified in section 245A.04.
(j) "Personal care provider organization" means an
organization enrolled to provide personal care assistant services under the
medical assistance program that complies with the following: (1) owners who have a five percent interest
or more, and managerial officials are subject to a background study as provided
in section 245A.04. This applies to
currently enrolled personal care provider organizations and those agencies
seeking enrollment as a personal care provider organization. An organization will be barred from
enrollment if an owner or managerial official of the organization has been
convicted of a crime specified in section 245A.04, or a comparable crime in
another jurisdiction, unless the owner or managerial official meets the
reconsideration criteria specified in section 245A.04; (2) the organization
must maintain a surety bond and liability insurance throughout the duration of
enrollment and provides proof thereof.
The insurer must notify the department of human services of the
cancellation or lapse of policy; and (3) the organization must maintain
documentation of services as specified in Minnesota Rules, part 9505.2175,
subpart 7, as well as evidence of compliance with personal care assistant
training requirements.
(k) "Responsible party" means an individual residing
with a recipient of personal care assistant services who is capable of
providing the supportive care support necessary to assist the
recipient to live in the community, is at least 18 years old, actively
participates in planning and directing of personal care assistant
services, and is not a the personal care assistant. The responsible party must be accessible
to the recipient and the personal care assistant when personal care services
are being provided and monitor the services at least weekly according to
the plan of care. The responsible party
must be identified at the time of assessment and listed on the recipient's
service agreement and care plan.
Responsible parties who are parents of minors or guardians of minors
or incapacitated persons may delegate the responsibility to another adult during
a temporary absence of at least 24 hours but not more than six months. The person delegated as a responsible party
must be able to meet the definition of responsible party, except that the
delegated responsible party is required to reside with the recipient only while
serving as the responsible party who is not the personal care
assistant. The responsible party
must assure that the delegate performs the functions of the responsible
party, is identified at the time of the assessment, and is listed on the
service agreement and the care plan. Foster care license holders may be designated the responsible
party for residents of the foster care home if case management is provided as
required in section 256B.0625, subdivision 19a. For persons who, as of April 1, 1992, are sharing personal care
assistant services in order to obtain the availability of 24-hour coverage, an
employee of the personal care provider organization may be designated as the
responsible party if case management is provided as required in section
256B.0625, subdivision 19a.
(l) "Service plan" means a written description of the
services needed based on the assessment developed by the nurse who conducts the
assessment together with the recipient or responsible party. The service plan shall include a description
of the covered home care services, frequency and duration of services, and
expected outcomes and goals. The
recipient and the provider chosen by the recipient or responsible party must be
given a copy of the completed service plan within 30 calendar days of the
request for home care services by the recipient or responsible party.
(m) "Skilled nurse visits" are provided in a
recipient's residence under a plan of care or service plan that specifies a
level of care which the nurse is qualified to provide. These services are:
(1) nursing services according to the written plan of care or
service plan and accepted standards of medical and nursing practice in
accordance with chapter 148;
(2) services which due to the recipient's medical condition may
only be safely and effectively provided by a registered nurse or a licensed
practical nurse;
(3) assessments performed only by a registered nurse; and
(4) teaching and training the recipient, the recipient's
family, or other caregivers requiring the skills of a registered nurse or
licensed practical nurse.
(n) "Telehomecare" means the use of
telecommunications technology by a home health care professional to deliver
home health care services, within the professional's scope of practice, to a
patient located at a site other than the site where the practitioner is
located.
Sec. 24. Minnesota
Statutes 2002, section 256B.0627, subdivision 4, is amended to read:
Subd. 4. [PERSONAL CARE
ASSISTANT SERVICES.] (a) The personal care assistant services that are eligible
for payment are services and supports furnished to an individual, as needed, to
assist in accomplishing activities of daily living; instrumental activities of
daily living; health-related functions through hands-on assistance,
supervision, and cuing; and redirection and intervention for behavior including
observation and monitoring.
(b) Payment for services will be made within the limits
approved using the prior authorized process established in subdivision 5.
(c) The amount and type of services
authorized shall be based on an assessment of the recipient's needs in these
areas:
(1) bowel and bladder care;
(2) skin care to maintain the health of the skin;
(3) repetitive maintenance range of motion, muscle
strengthening exercises, and other tasks specific to maintaining a recipient's
optimal level of function;
(4) respiratory assistance;
(5) transfers and ambulation;
(6) bathing, grooming, and hairwashing necessary for personal
hygiene;
(7) turning and positioning;
(8) assistance with furnishing medication that is
self-administered;
(9) application and maintenance of prosthetics and orthotics;
(10) cleaning medical equipment;
(11) dressing or undressing;
(12) assistance with eating and meal preparation and necessary
grocery shopping;
(13) accompanying a recipient to obtain medical diagnosis or
treatment;
(14) assisting, monitoring, or prompting the recipient to
complete the services in clauses (1) to (13);
(15) redirection, monitoring, and observation that are
medically necessary and an integral part of completing the personal care
assistant services described in clauses (1) to (14);
(16) redirection and intervention for behavior, including
observation and monitoring;
(17) interventions for seizure disorders, including monitoring
and observation if the recipient has had a seizure that requires intervention
within the past three months;
(18) tracheostomy suctioning using a clean procedure if the
procedure is properly delegated by a registered nurse. Before this procedure can be delegated to a
personal care assistant, a registered nurse must determine that the
tracheostomy suctioning can be accomplished utilizing a clean rather than a
sterile procedure and must ensure that the personal care assistant has been
taught the proper procedure; and
(19) incidental household services that are an integral part of
a personal care service described in clauses (1) to (18).
For purposes of this subdivision, monitoring and observation
means watching for outward visible signs that are likely to occur and for which
there is a covered personal care service or an appropriate personal care
intervention. For purposes of this
subdivision, a clean procedure refers to a procedure that reduces the numbers
of microorganisms or prevents or reduces the transmission of microorganisms
from one person or place to another. A
clean procedure may be used beginning 14 days after insertion.
(d) The personal care assistant
services that are not eligible for payment are the following:
(1) services not ordered by the physician;
(2) assessments by personal care assistant provider
organizations or by independently enrolled registered nurses;
(3) services that are not in the service plan;
(4) services provided by the recipient's spouse, legal guardian
for an adult or child recipient, or parent of a recipient under age 18;
(5) services provided by a foster care provider of a recipient
who cannot direct the recipient's own care, unless monitored by a county or
state case manager under section 256B.0625, subdivision 19a;
(6) services provided by the residential or program license
holder in a residence for more than four persons;
(7) services that are the responsibility of a residential or
program license holder under the terms of a service agreement and
administrative rules;
(8) sterile procedures;
(9) injections of fluids into veins, muscles, or skin;
(10) services provided by parents of adult recipients, adult
children, or siblings of the recipient, unless these relatives meet one of the
following hardship criteria and the commissioner waives this requirement:
(i) the relative resigns from a part-time or full-time job
to provide personal care for the recipient;
(ii) the relative goes from a full-time to a part-time job
with less compensation to provide personal care for the recipient;
(iii) the relative takes a leave of absence without pay to
provide personal care for the recipient;
(iv) the relative incurs substantial expenses by providing
personal care for the recipient; or
(v) because of labor conditions, special language needs, or
intermittent hours of care needed, the relative is needed in order to provide
an adequate number of qualified personal care assistants to meet the medical
needs of the recipient;
(11) homemaker services that are not an integral part of
a personal care assistant services;
(12) (11) home maintenance, or chore services;
(13) (12) services not specified under paragraph
(a); and
(14) (13) services not authorized by the
commissioner or the commissioner's designee.
(e) The recipient or responsible party may choose to supervise
the personal care assistant or to have a qualified professional, as defined in
section 256B.0625, subdivision 19c, provide the supervision. As required under section 256B.0625,
subdivision 19c, the county public health nurse, as a part of the assessment,
will assist the recipient or responsible party to identify the most appropriate
person to provide supervision of the personal care assistant. Health-related
delegated tasks performed by the personal care assistant will be under the
supervision of a qualified professional or the direction of the recipient's
physician. If the recipient has a
qualified professional, Minnesota Rules, part 9505.0335, subpart 4, applies.
Sec. 25. Minnesota
Statutes 2002, section 256B.0627, subdivision 9, is amended to read:
Subd. 9. [FLEXIBLE USE
OF PERSONAL CARE ASSISTANT HOURS.] (a) The commissioner may allow for the
flexible use of personal care assistant hours. "Flexible use" means the scheduled use of authorized
hours of personal care assistant services, which vary within the length of the
service authorization in order to more effectively meet the needs and schedule
of the recipient. Recipients may use their approved hours flexibly within the
service authorization period for medically necessary covered services specified
in the assessment required in subdivision 1. The flexible use of authorized
hours does not increase the total amount of authorized hours available to a
recipient as determined under subdivision 5.
The commissioner shall not authorize additional personal care assistant
services to supplement a service authorization that is exhausted before the end
date under a flexible service use plan, unless the county public health nurse
determines a change in condition and a need for increased services is
established.
(b) The recipient or responsible party, together with the
county public health nurse, shall determine whether flexible use is an
appropriate option based on the needs and preferences of the recipient or
responsible party, and, if appropriate, must ensure that the allocation of
hours covers the ongoing needs of the recipient over the entire service
authorization period. As part of the
assessment and service planning process, the recipient or responsible party
must work with the county public health nurse to develop a written
month-to-month plan of the projected use of personal care assistant services
that is part of the service plan and ensures that the:
(1) health and safety needs of the recipient will be met;
(2) total annual authorization will not exceed before the
end date; and
(3) how actual use of hours will be monitored.
(c) If the actual use of personal care assistant service
varies significantly from the use projected in the plan, the written plan must
be promptly updated by the recipient or responsible party and the county public
health nurse.
(d) The recipient or responsible party, together with
the provider, must work to monitor and document the use of authorized hours and
ensure that a recipient is able to manage services effectively throughout the
authorized period. The provider must
ensure that the month-to-month plan is incorporated into the care plan. Upon request of the recipient or responsible
party, the provider must furnish regular updates to the recipient or
responsible party on the amount of personal care assistant services used.
(e) The recipient or responsible party may revoke the
authorization for flexible use of hours by notifying the provider and county
public health nurse in writing.
(f) If the requirements in paragraphs (a) to (e) have not
substantially been met, the commissioner shall deny, revoke, or suspend the
authorization to use authorized hours flexibly. The recipient or responsible party may appeal the commissioner's
action according to section 256.045.
The denial, revocation, or suspension to use the flexible hours option
shall not affect the recipient's authorized level of personal care assistant
services as determined under subdivision 5.
Sec. 26. Minnesota Statutes 2002, section 256B.0911, subdivision 4d, is
amended to read:
Subd. 4d. [PREADMISSION
SCREENING OF INDIVIDUALS UNDER 65 YEARS OF AGE.] (a) It is the policy of the
state of Minnesota to ensure that individuals with disabilities or chronic
illness are served in the most integrated setting appropriate to their needs
and have the necessary information to make informed choices about home and
community-based service options.
(b) Individuals under 65 years of age who are admitted to a
nursing facility from a hospital must be screened prior to admission as
outlined in subdivisions 4a through 4c.
(c) Individuals under 65 years of age who are admitted to
nursing facilities with only a telephone screening must receive a face-to-face
assessment from the long-term care consultation team member of the county in
which the facility is located or from the recipient's county case manager
within 20 working 40 calendar days of admission.
(d) Individuals under 65 years of age who are admitted to a
nursing facility without preadmission screening according to the exemption
described in subdivision 4b, paragraph (a), clause (3), and who remain in the
facility longer than 30 days must receive a face-to-face assessment within 40
days of admission.
(e) At the face-to-face assessment, the long-term care
consultation team member or county case manager must perform the activities
required under subdivision 3b.
(f) For individuals under 21 years of age, a screening
interview which recommends nursing facility admission must be face-to-face and
approved by the commissioner before the individual is admitted to the nursing
facility.
(g) In the event that an individual under 65 years of age is
admitted to a nursing facility on an emergency basis, the county must be
notified of the admission on the next working day, and a face-to-face
assessment as described in paragraph (c) must be conducted within 20 working
days 40 calendar days of admission.
(h) At the face-to-face assessment, the long-term care
consultation team member or the case manager must present information about
home and community-based options so the individual can make informed
choices. If the individual chooses home
and community-based services, the long-term care consultation team member or
case manager must complete a written relocation plan within 20 working days of
the visit. The plan shall describe the
services needed to move out of the facility and a time line for the move which
is designed to ensure a smooth transition to the individual's home and
community.
(i) An individual under 65 years of age residing in a nursing
facility shall receive a face-to-face assessment at least every 12 months to
review the person's service choices and available alternatives unless the
individual indicates, in writing, that annual visits are not desired. In this case, the individual must receive a
face-to-face assessment at least once every 36 months for the same purposes.
(j) Notwithstanding the provisions of subdivision 6, the
commissioner may pay county agencies directly for face-to-face assessments for
individuals under 65 years of age who are being considered for placement or
residing in a nursing facility.
Sec. 27. Minnesota
Statutes 2002, section 256B.0915, is amended by adding a subdivision to read:
Subd. 9. [TRIBAL
MANAGEMENT OF ELDERLY WAIVER.] Notwithstanding contrary provisions of this
section, or those in other state laws or rules, the commissioner and
White Earth reservation may develop a model for tribal management of the
elderly waiver program and implement this model through a contract
between the state and White Earth reservation.
The model shall include the provision of tribal waiver case management,
assessment for personal care assistance, and administrative requirements
otherwise carried out by counties but shall not include tribal financial
eligibility determination for medical assistance.
Sec. 28. Minnesota Statutes 2002, section 256B.092, subdivision 1a, is
amended to read:
Subd. 1a. [CASE
MANAGEMENT ADMINISTRATION AND SERVICES.] (a) The administrative functions of
case management provided to or arranged for a person include:
(1) intake review of eligibility for services;
(2) diagnosis screening;
(3) screening intake;
(4) service authorization diagnosis;
(5) review of eligibility for services the completion
and authorization of services based upon an individualized service plan;
and
(6) responding to requests for conciliation conferences and
appeals according to section 256.045 made by the person, the person's legal
guardian or conservator, or the parent if the person is a minor.
(b) Case management service activities provided to or arranged
for a person include:
(1) development of the individual service plan;
(2) informing the individual or the individual's legal guardian
or conservator, or parent if the person is a minor, of service options;
(3) consulting with relevant medical experts or service providers;
(3) (4) assisting the person in the
identification of potential providers;
(4) (5) assisting the person to access services;
(5) (6) coordination of services, if coordination
is not provided by another service provider;
(6) (7) evaluation and monitoring of the services
identified in the plan; and
(7) (8) annual reviews of service plans and
services provided.
(c) Case management administration and service activities that
are provided to the person with mental retardation or a related condition shall
be provided directly by county agencies or under contract.
(d) Case managers are responsible for the administrative
duties and service provisions listed in paragraphs (a) and (b). Case
managers shall collaborate with consumers, families, legal representatives,
and relevant medical experts and service providers in the development
and annual review of the individualized service and habilitation plans.
(e) The department of human services shall offer ongoing
education in case management to case managers. Case managers shall receive no less than ten hours of case
management education and disability-related training each year.
Sec. 29. Minnesota
Statutes 2002, section 256B.092, subdivision 5, is amended to read:
Subd. 5. [FEDERAL
WAIVERS.] (a) The commissioner shall apply for any federal waivers necessary to
secure, to the extent allowed by law, federal financial participation under
United States Code, title 42, sections 1396 et seq., as amended, for the
provision of services to persons who, in the absence of the services, would
need the level of care provided in a regional treatment center or a community
intermediate care facility for persons with mental retardation or related
conditions. The commissioner may seek
amendments to the waivers or apply for additional waivers under United States
Code, title 42, sections 1396 et seq., as amended, to contain costs. The commissioner shall ensure that payment
for the cost of providing home and community-based alternative services under
the federal waiver plan shall not exceed the cost of intermediate care services
including day training and habilitation services that would have been provided
without the waivered services.
(b) The commissioner, in administering home and community-based
waivers for persons with mental retardation and related conditions, shall
ensure that day services for eligible persons are not provided by the person's
residential service provider, unless the person or the person's legal
representative is offered a choice of providers and agrees in writing to
provision of day services by the residential service provider. The individual
service plan for individuals who choose to have their residential service
provider provide their day services must describe how health, safety, and
protection, and habilitation needs will be met by,
including how frequent and regular contact with persons other than the
residential service provider will occur.
The individualized service plan must address the provision of
services during the day outside the residence on weekdays.
Sec. 30. Minnesota
Statutes 2002, section 256B.095, is amended to read:
256B.095 [QUALITY ASSURANCE PROJECT SYSTEM
ESTABLISHED.]
(a) Effective July 1, 1998, an alternative a
quality assurance licensing system project for persons with
developmental disabilities, which includes an alternative quality
assurance licensing system for programs for persons with developmental
disabilities, is established in Dodge, Fillmore, Freeborn, Goodhue,
Houston, Mower, Olmsted, Rice, Steele, Wabasha, and Winona counties for the
purpose of improving the quality of services provided to persons with
developmental disabilities. A county,
at its option, may choose to have all programs for persons with developmental
disabilities located within the county licensed under chapter 245A using
standards determined under the alternative quality assurance licensing system project
or may continue regulation of these programs under the licensing system
operated by the commissioner. The
project expires on June 30, 2005 2007.
(b) Effective July 1, 2003, a county not listed in paragraph
(a) may apply to participate in the quality assurance system established
under paragraph (a). The commission
established under section 256B.0951 may, at its option, allow additional
counties to participate in the system.
(c) Effective July 1, 2003, any county or group of counties
not listed in paragraph (a) may establish a quality assurance system
under this section. A new system
established under this section shall have the same rights and duties as
the system established under paragraph (a). A new system shall be governed by a commission under
section 256B.0951. The commissioner
shall appoint the initial commission members based on recommendations
from advocates, families, service providers, and counties in the geographic
area included in the new system.
Counties that choose to participate in a new system shall have
the duties assigned under section 256B.0952. The new system shall establish a quality assurance process
under section 256B.0953. The provisions of section 256B.0954 shall apply
to a new system established under this paragraph. The commissioner shall delegate
authority to a new system established under this paragraph according to
section 256B.0955.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 31. Minnesota
Statutes 2002, section 256B.0951, subdivision 1, is amended to read:
Subdivision 1.
[MEMBERSHIP.] The region 10 quality assurance commission is
established. The commission consists of
at least 14 but not more than 21 members as follows: at least three but not more than five members representing
advocacy organizations; at least three but not more than five members
representing consumers, families, and their legal representatives; at least
three but not more than five members representing service providers; at least
three but not more than five members representing counties; and the
commissioner of human services or the commissioner's designee. Initial membership of the commission
shall be recruited and approved by the region 10 stakeholders group. Prior to approving the commission's
membership, the stakeholders group shall provide to the commissioner a list of
the membership in the stakeholders group, as of February 1, 1997, a brief
summary of meetings held by the group since July 1, 1996, and copies of any
materials prepared by the group for public distribution. The first commission shall establish
membership guidelines for the transition and recruitment of membership for the
commission's ongoing existence. Members
of the commission who do not receive a salary or wages from an employer for
time spent on commission duties may receive a per diem payment when performing
commission duties and functions. All
members may be reimbursed for expenses related to commission activities. Notwithstanding the provisions of section 15.059,
subdivision 5, the commission expires on June 30, 2005 2007.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 32. Minnesota
Statutes 2002, section 256B.0951, subdivision 2, is amended to read:
Subd. 2. [AUTHORITY TO
HIRE STAFF; CHARGE FEES; PROVIDE TECHNICAL ASSISTANCE.] (a)
The commission may hire staff to perform the duties assigned in this section.
(b) The commission may charge fees for its services.
(c) The commission may provide technical assistance to other
counties, families, providers, and advocates interested in participating
in a quality assurance system under section 256B.095, paragraph (b) or
(c).
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 33. Minnesota
Statutes 2002, section 256B.0951, subdivision 3, is amended to read:
Subd. 3. [COMMISSION
DUTIES.] (a) By October 1, 1997, the commission, in cooperation with the
commissioners of human services and health, shall do the following: (1) approve an alternative quality assurance
licensing system based on the evaluation of outcomes; (2) approve measurable
outcomes in the areas of health and safety, consumer evaluation, education and
training, providers, and systems that shall be evaluated during the alternative
licensing process; and (3) establish variable licensure periods not to exceed
three years based on outcomes achieved.
For purposes of this subdivision, "outcome" means the
behavior, action, or status of a person that can be observed or measured and
can be reliably and validly determined.
(b) By January 15, 1998, the commission shall approve, in
cooperation with the commissioner of human services, a training program for
members of the quality assurance teams established under section 256B.0952,
subdivision 4.
(c) The commission and the commissioner shall establish an
ongoing review process for the alternative quality assurance licensing
system. The review shall take into
account the comprehensive nature of the alternative system, which is designed
to evaluate the broad spectrum of licensed and unlicensed entities that provide
services to clients, as compared to the current licensing system.
(d) The commission shall contract with an independent
entity to conduct a financial review of the alternative quality assurance
project. The review shall take into
account the comprehensive nature of the alternative system, which is designed
to evaluate the broad spectrum of licensed and unlicensed entities that provide
services to clients, as compared to the current licensing system. The review shall include an evaluation of
possible budgetary savings within the department of human services as a result
of implementation of the alternative quality assurance project. If a federal waiver is approved under
subdivision 7, the financial review shall also evaluate possible savings within
the department of health. This review
must be completed by December 15, 2000.
(e) The commission shall submit a report to the legislature
by January 15, 2001, on the results of the review process for the alternative
quality assurance project, a summary of the results of the independent
financial review, and a recommendation on whether the project should be
extended beyond June 30, 2001.
(f) The commissioner commission, in
consultation with the commission commissioner, shall examine
the feasibility of expanding work cooperatively with other populations
to expand the project system to other those
populations or geographic areas and identify barriers to expansion. The commissioner shall report findings and
recommendations to the legislature by December 15, 2004.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 34. Minnesota
Statutes 2002, section 256B.0951, subdivision 5, is amended to read:
Subd. 5. [VARIANCE OF
CERTAIN STANDARDS PROHIBITED.] The safety standards, rights, or procedural
protections under sections 245.825; 245.91 to 245.97; 245A.04, subdivisions 3,
3a, 3b, and 3c; 245A.09, subdivision 2, paragraph (c), clauses (2) and (5);
245A.12; 245A.13; 252.41, subdivision 9; 256B.092, subdivisions 1b, clause (7),
and 10; 626.556; 626.557, and procedures for the monitoring of psychotropic
medications shall not be varied under the alternative licensing quality
assurance licensing system project. The commission may make recommendations to the commissioners of
human services and health or to the legislature regarding alternatives to or
modifications of the rules and procedures referenced in this subdivision.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 35. Minnesota
Statutes 2002, section 256B.0951, subdivision 7, is amended to read:
Subd. 7. [WAIVER OF
RULES.] If a federal waiver is approved under subdivision 8, the commissioner
of health may exempt residents of intermediate care facilities for persons with
mental retardation (ICFs/MR) who participate in the alternative quality
assurance project system established in section 256B.095 from the
requirements of Minnesota Rules, chapter 4665.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 36. Minnesota
Statutes 2002, section 256B.0951, subdivision 9, is amended to read:
Subd. 9. [EVALUATION.]
The commission, in consultation with the commissioner of human services, shall
conduct an evaluation of the alternative quality assurance system, and
present a report to the commissioner by June 30, 2004.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 37. Minnesota
Statutes 2002, section 256B.0952, subdivision 1, is amended to read:
Subdivision 1.
[NOTIFICATION.] For each year of the project, region 10 Counties
shall give notice to the commission and commissioners of human services and
health by March 15 of intent to join the quality assurance
alternative quality assurance licensing system, effective July
1 of that year. A county choosing
to participate in the alternative quality assurance licensing system
commits to participate until June 30, 2005.
Counties participating in the quality assurance alternative licensing
system as of January 1, 2001, shall notify the commission and the commissioners
of human services and health by March 15, 2001, of intent to continue
participation. Counties that elect to continue participation must participate
in the alternative licensing system until June 30, 2005 for three
years.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 38. Minnesota
Statutes 2002, section 256B.0953, subdivision 2, is amended to read:
Subd. 2. [LICENSURE
PERIODS.] (a) In order to be licensed under the alternative quality assurance process
licensing system, a facility, program, or service must satisfy
the health and safety outcomes approved for the pilot project alternative
quality assurance licensing system.
(b) Licensure shall be approved for periods of one to three
years for a facility, program, or service that satisfies the requirements of
paragraph (a) and achieves the outcome measurements in the categories of
consumer evaluation, education and training, providers, and systems.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 39. Minnesota
Statutes 2002, section 256B.0955, is amended to read:
256B.0955 [DUTIES OF THE COMMISSIONER OF HUMAN SERVICES.]
(a) Effective July 1, 1998, the commissioner of human services
shall delegate authority to perform licensing functions and activities, in
accordance with section 245A.16, to counties participating in the alternative quality
assurance licensing system. The
commissioner shall not license or reimburse a facility, program, or service for
persons with developmental disabilities in a county that participates in the
alternative quality assurance licensing system if the commissioner has
received from the appropriate county notification that the facility, program,
or service has been reviewed by a quality assurance team and has failed to
qualify for licensure.
(b) The commissioner may conduct random licensing inspections
based on outcomes adopted under section 256B.0951 at facilities, programs, and
services governed by the alternative quality assurance licensing
system. The role of such random
inspections shall be to verify that the alternative quality assurance
licensing system protects the safety and well-being of consumers and maintains
the availability of high-quality services for persons with developmental
disabilities.
(c) The commissioner shall provide technical assistance and
support or training to the alternative licensing system pilot project.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 40. Minnesota
Statutes 2002, section 256B.19, subdivision 1, is amended to read:
Subdivision 1.
[DIVISION OF COST.] The state and county share of medical assistance
costs not paid by federal funds shall be as follows:
(1) beginning January 1, 1992, 50 percent state funds and
50 percent county funds for the cost of placement of severely emotionally
disturbed children in regional treatment centers; and
(2) beginning January 1, 2003, 80 percent state funds and 20
percent county funds for the costs of nursing facility placements of persons
with disabilities under the age of 65 that have exceeded 90 days. This clause shall be subject to chapter 256G
and shall not apply to placements in facilities not certified to participate in
medical assistance.;
(3) beginning January 1, 2004, 90 percent state funds and
10 percent county funds for the costs of placements that have exceeded
90 days in intermediate care facilities for persons with mental
retardation or a related condition that have seven or more beds. This provision includes pass-through
payments made under section 256B.5015; and
(4) beginning January 1, 2004, when state funds are used to
pay for a nursing facility placement due to the facility's status as
an institution for mental diseases (IMD), the county shall pay 20
percent of the nonfederal share of costs that have exceeded 90
days. This clause is subject to chapter
256G.
For counties that participate in a Medicaid demonstration
project under sections 256B.69 and 256B.71, the division of the nonfederal
share of medical assistance expenses for payments made to prepaid health plans
or for payments made to health maintenance organizations in the form of prepaid
capitation payments, this division of medical assistance expenses shall be 95
percent by the state and five percent by the county of financial
responsibility.
In counties where prepaid health plans are under contract to
the commissioner to provide services to medical assistance recipients, the cost
of court ordered treatment ordered without consulting the prepaid health plan
that does not include diagnostic evaluation, recommendation, and referral for
treatment by the prepaid health plan is the responsibility of the county of
financial responsibility.
Sec. 41. Minnesota
Statutes 2002, section 256B.47, subdivision 2, is amended to read:
Subd. 2. [NOTICE TO
RESIDENTS.] (a) No increase in nursing facility rates for private paying
residents shall be effective unless the nursing facility notifies the resident
or person responsible for payment of the increase in writing 30 days before the
increase takes effect.
A nursing facility may adjust its rates without giving the
notice required by this subdivision when the purpose of the rate adjustment is
to reflect a necessary change in the level of care provided to a case-mix
classification of the resident. If
the state fails to set rates as required by section 256B.431, subdivision 1,
the time required for giving notice is decreased by the number of days by which
the state was late in setting the rates.
(b) If the state does not set rates by the date required in
section 256B.431, subdivision 1, nursing facilities shall meet the
requirement for advance notice by informing the resident or person
responsible for payments, on or before the effective date of the
increase, that a rate increase will be effective on that date. If the exact amount has not yet been
determined, the nursing facility may raise the rates by the amount
anticipated to be allowed. Any
amounts collected from private pay residents in excess of the allowable
rate must be repaid to private pay residents with interest at the rate
used by the commissioner of revenue for the late payment of taxes and in
effect on the date the rate increase is effective.
Sec. 42. [256B.492] [REGIONAL MANAGEMENT OF HOME AND COMMUNITY-BASED
WAIVER SERVICES.]
Subdivision 1.
[REGION.] For the purposes of this section, "region"
means a county or a group of counties, with a population of 100,000 or
more, that have formed a joint powers agreement to manage the home and
community-based waiver services.
Subd. 2.
[PURPOSE.] Counties may form joint powers agreements for the purpose
of regionally managing the home and community-based waiver services
under sections 256B.0916 and 256B.49.
Counties with a population of less than 100,000 are encouraged to
form joint powers agreements with other counties to regionally manage
the home and community-based waiver services under sections 256B.0916
and 256B.49.
Subd. 3.
[REGIONAL WAIVER AUTHORITY.] One of the parties to the joint
powers agreement or a new regional waiver authority entity shall be
designated the regional waiver authority and shall monitor regional
authorizations and expenditures. The
joint powers agreement shall specify how decisions are made on authorizations
and expenditures from the home and community-based waiver allocation.
Subd. 4. [FISCAL
MANAGEMENT.] A region may reserve up to two percent of its home and
community-based allocation in a given fiscal year to meet unanticipated
needs.
Subd. 5.
[ALTERNATIVE METHOD.] When waiver resources are to be
distributed to a group of counties that do not meet the criteria for a
region or otherwise elect not to form a region, the commissioner may (1)
require a joint powers agreement; (2) contract with a public or private
agency; or (3) require both to administer the waiver program for that
geographic area. The commissioner
is responsible for assuring that funds are used properly within the
amount allocated.
Sec. 43. [256B.493]
[COST MANAGEMENT OF HOME AND COMMUNITY-BASED WAIVERED SERVICES.]
(a) The commissioner of human services shall efficiently
allocate and manage limited home and community-based waiver services
program resources to achieve the following outcomes:
(1) the establishment of feasible and viable alternatives
for persons in institutional or hospital settings to relocate to home
and community-based settings;
(2) the availability of timely assistance to persons at imminent
risk of institutional or hospital placement or whose health and safety
is at immediate risk; and
(3) the maximum provision of essential community supports
to eligible persons in need of and waiting for home and community-based
service alternatives.
(b) The commissioner shall monitor the costs of home and
community-based services, and may adjust home and community-based
service allocations, as necessary, to assure that program costs are
managed within available funding. When
making this determination, the commissioner shall give consideration
to offsets that may occur in other programs as a result of the
availability and use of home and community-based services.
(c) The commissioner shall allocate home and community-based
resources to local/regional entities in a manner that considers:
(1) the historical costs of serving individuals in a county
or region;
(2) the individualized service
plans for current recipients and eligible individuals expected to enter
the waiver during the fiscal year; and
(3) the need for crisis services or other short-term services
required because of unforeseen circumstances.
(d) The commissioner may reallocate resources from one county
or region to another if available funding in that county or region is
not likely to be spent and the reallocation is necessary to achieve the
outcomes specified in paragraph (a).
Sec. 44. Minnesota
Statutes 2002, section 256B.501, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITIONS.] For the purposes of this section, the following terms
have the meaning given them.
(a) "Commissioner" means the commissioner of human
services.
(b) "Facility" means a facility licensed as a mental
retardation residential facility under section 252.28, licensed as a supervised
living facility under chapter 144, and certified as an intermediate care
facility for persons with mental retardation or related conditions. The term does not include a state regional
treatment center.
(c) "Habilitation services" means health and
social services directed toward increasing and maintaining the physical,
intellectual, emotional, and social functioning of persons with mental
retardation or related conditions. Habilitation services include
therapeutic activities, assistance, training, supervision, and
monitoring in the areas of self-care, sensory and motor development,
interpersonal skills, communication, socialization, reduction or
elimination of maladaptive behavior, community living and mobility,
health care, leisure and recreation, money management, and household
chores.
(d) "Services during the day" means services or
supports provided to a person that enables the person to be fully integrated
into the community. Services during the
day must include habilitation services, and may include a variety of
supports to enable the person to exercise choices for community integration
and inclusion activities. Services
during the day may include, but are not limited to: supported work, support during
community activities, community volunteer opportunities, adult day care,
recreational activities, and other individualized integrated supports.
(e) "Waivered service" means home or
community-based service authorized under United States Code, title 42, section
1396n(c), as amended through December 31, 1987, and defined in the Minnesota
state plan for the provision of medical assistance services. Waivered services include, at a minimum,
case management, family training and support, developmental training homes,
supervised living arrangements, semi-independent living services, respite care,
and training and habilitation services.
Sec. 45. Minnesota
Statutes 2002, section 256B.501, is amended by adding a subdivision to read:
Subd. 3m.
[SERVICES DURING THE DAY.] When establishing a rate for
services during the day, the commissioner shall ensure that these
services comply with active treatment requirements for persons residing
in an ICF/MR as defined under federal regulations and shall ensure that
day services for eligible persons are not provided by the person's
residential service provider, unless the person or the person's legal
representative is offered a choice of providers and agrees in writing to
provision of day services by the residential service provider, consistent
with the individual service plan. The
individual service plan for individuals who choose to have their residential
service provider provide their day services must describe how health,
safety, protection, and habilitation needs will be met, including how
frequent and regular contact with persons other than the residential
service provider will occur. The individualized service plan must
address the provision of services during the day outside the residence.
Sec. 46. Minnesota Statutes 2002, section 256B.5013, subdivision 4, is
amended to read:
Subd. 4. [TEMPORARY
RATE ADJUSTMENTS TO ADDRESS OCCUPANCY AND ACCESS FOR SHORT-TERM
ADMISSIONS FOR CRISIS OR SPECIALIZED MEDICAL CARE.] Beginning July
1, 2002 2003, the commissioner shall adjust the total payment
rate for up to 75 days for the remaining recipients for facilities in which the
monthly occupancy rate of licensed beds is 75 percent or greater. This mechanism shall not be used to pay for
hospital or therapeutic leave days beyond the maximums allowed may designate
up to 25 beds in ICF/MR facilities statewide for the purpose of
providing short-term admissions due to crisis care needs or care for
medically fragile individuals. The commissioner
shall adjust the total payment rate for up to 75 days for the remaining
recipients of the facility when the monthly rate of the crisis or
respite bed is 50 percent or greater.
Sec. 47. Minnesota
Statutes 2002, section 256B.5015, is amended to read:
256B.5015 [PASS-THROUGH OF TRAINING AND HABILITATION OTHER
SERVICES COSTS.]
Subdivision 1.
[DAY TRAINING AND HABILITATION SERVICES.] Day training and
habilitation services costs shall be paid as a pass-through payment at the
lowest rate paid for the comparable services at that site under sections 252.40
to 252.46. The pass-through payments
for training and habilitation services shall be paid separately by the
commissioner and shall not be included in the computation of the ICF/MR
facility total payment rate.
Subd. 2.
[SERVICES DURING THE DAY.] Services during the day, as defined
in section 256B.501, but excluding day training and habilitation
services, shall be paid as a pass-through payment no later than January
1, 2004. The commissioner shall establish
rates for these services, other than day training and habilitation
services, at levels that do not exceed 75 percent of a recipient's day
training and habilitation service costs prior to the service change.
When establishing a rate for these services, the commissioner
shall also consider an individual recipient's needs as identified in the
individualized service plan and the person's need for active treatment
as defined under federal regulations.
The pass-through payments for services during the day shall be
paid separately by the commissioner and may not be included in the
computation of the ICF/MR facility total payment rate.
Sec. 48. Minnesota
Statutes 2002, section 256B.82, is amended to read:
256B.82 [PREPAID PLANS AND MENTAL HEALTH REHABILITATIVE
SERVICES.]
Medical assistance and MinnesotaCare prepaid health plans may
include coverage for adult mental health rehabilitative services under section
256B.0623, intensive rehabilitative services under section 256B.0622,
and adult mental health crisis response services under section 256B.0624,
beginning January 1, 2004 2005.
By January 15, 2003 2004, the commissioner shall
report to the legislature how these services should be included in prepaid
plans. The commissioner shall consult
with mental health advocates, health plans, and counties in developing this
report. The report recommendations must
include a plan to ensure coordination of these services between health plans
and counties, assure recipient access to essential community providers, and
monitor the health plans' delivery of services through utilization review and
quality standards.
Sec. 49. [256I.08]
[COUNTY SHARE FOR CERTAIN NURSING FACILITY STAYS.]
Beginning January 1, 2004, if group residential housing is
used to pay for a nursing facility placement due to the facility's
status as an Institution for Mental Diseases, the county is liable for
20 percent of the nonfederal share of costs for persons under the age of
65 that have exceeded 90 days.
Sec. 50. [HOME AND COMMUNITY-BASED WAIVERED SERVICE PRIORITIES.]
For the 2004-2005 biennium, the commissioner shall monitor
all available home and community-based waiver resources to support
the following priorities for service for eligible individuals:
(1) children or adults who cannot be maintained safely in
their current living situation without waiver services;
(2) children or adults in unstable living situations due to
significant needs, age, or incapacity of the primary caregiver; and
(3) other persons who have been screened and are eligible,
including those living in an institution.
Sec. 51. [HOME AND
COMMUNITY-BASED WAIVER FOR PERSONS WITH MENTAL RETARDATION OR A RELATED
CONDITION; RESOURCE MANAGEMENT STATEWIDE.]
The commissioner shall manage MR/RC waiver resources during
the 2004-2005 biennium to assure that all available funds are allocated
to meet the service priority needs and maintain a reserve statewide of
no more than three percent of available funds. In order to effectively manage available resources to meet
service priorities, the commissioner shall enable counties to manage
resources on a regional basis.
Sec. 52. [DENIAL,
REDUCTION, OR TERMINATION OF WAIVER SERVICES.]
For the 2004-2005 biennium, when a county is evaluating individual
denials, reductions, or terminations of home and community-based
services under sections 256B.0916 and 256B.49 for an individual, the
case manager shall offer to meet with the individual or the individual's
guardian and prioritize service needs based on the individualized
service plan. The reduction in
the authorized services for an individual due to changes in funding for
waivered services may not exceed the amount needed to assure medically
necessary services to meet the individual's health, safety, and welfare.
Sec. 53. [DIRECTION TO
THE COMMISSIONER; HOME AND COMMUNITY-BASED SERVICES RESOURCE ALLOCATION METHOD
DEVELOPMENT.]
The commissioner shall consult with representatives of persons
with disabilities, their families and guardians, counties, service providers,
and advocacy organizations to develop recommendations for a statewide
method of allocating resources sufficient to meet the identified needs
of persons eligible for home and community-based waiver services under
Minnesota Statutes, sections 256B.0916 and 256B.49. The recommendations shall include
provisions that address the feasibility of (1) offering incentives to
persons with less urgent service needs who are receiving services or on
the waiting list to postpone their access to home and community-based
service options, (2) providing case management services to individuals
on the MR/RC waiting list, (3) analyzing the impact of allocating
resources on rates, payments, and changes in services to people, (4)
analyzing individual capitation, and (5) evaluating whether the parental
fee structure should be modified to reflect service utilization differences. The recommendations shall be provided to the
legislative committees with jurisdiction over health and human services
issues by January 15, 2005. A status
report shall be provided to the committee by January 15, 2004.
Sec. 54. [HOME AND
COMMUNITY-BASED SERVICES FUNDING METHODOLOGY.]
Beginning July 1, 2003, before making significant administrative
changes in the funding methodology for the home and community-based
waiver for persons with mental retardation or a related condition, the
commissioner shall consult with representatives of counties, service
providers, and persons with disabilities and their families to provide
specific information about the funding formula and funding changes and
the opportunity to comment at least 90 days before the changes become
effective.
Sec. 55. [CASE
MANAGEMENT ACCESS FOR PERSONS SEEKING COMMUNITY-BASED SERVICES.]
For the 2004-2005 biennium, when a person requests case management
services under Minnesota Statutes, section 256B.0621, 256B.092, or
256B.49, subdivision 13, the county must determine whether the person
qualifies, begin the screening process, begin individualized service
plan development, and provide mandated case management services or
relocation service coordination to those eligible within a reasonable
time. If a county is unable to
provide case management services within the required time period under
sections 256B.0621, subdivision 7; 256B.49, subdivision 13; and
Minnesota Rules, parts 9525.0004 to 9525.0036, the county shall contract
for case management services to meet the obligation.
Sec. 56. [CASE
MANAGEMENT SERVICES REDESIGN.]
In consultation with representatives for consumers, consumer
advocates, counties, and service providers, the commissioner shall
develop proposed legislation for case management changes that will (1)
streamline administration, (2) improve consumer access to case
management services, (3) assess the feasibility of a comprehensive
universal assessment protocol for persons seeking community supports,
(4) provide recommendations to case managers on reasonable means to meet
consumer needs given resource allocation methods, (5) establish accountability
for funds and performance measures, (6) provide for consumer choice of
the case management service vendor, and (7) evaluate whether case
management services to individuals with mental retardation or a related
condition under Minnesota Statutes, section 256B.092, not reimbursed as
a waivered service should be paid by the state. The proposed legislation shall be provided
to the legislative committees with jurisdiction over health and human
services issues by January 15, 2005.
Sec. 57.
[SEMI-INDEPENDENT LIVING SERVICES AND FAMILY SUPPORT GRANTS.]
The commissioner shall require a county contribution equal
to 20 percent of the cost of the semi-independent living services and
family support grant programs, by January 1, 2004.
Sec. 58. [VACANCY
LISTINGS.]
The commissioner of human services shall work with interested
stakeholders on how provider and industry specific Web sites can provide
useful information to consumers on bed vacancies for group residential
housing providers and intermediate care facilities for persons with
mental retardation and related conditions. Providers and industry trade organizations are responsible
for all costs related to maintaining Web sites listing bed vacancies.
Sec. 59. [HOMELESS
SERVICES; STATE CONTRACTS.]
The commissioner of human services may contract directly
with nonprofit organizations providing homeless services in two or
more counties. No more than two percent
of the Children's and Community Social Services Act funds may be set
aside to provide for contracts under this section.
Sec. 60. [GOVERNOR'S
COUNCIL ON DEVELOPMENTAL DISABILITY, OMBUDSMAN FOR MENTAL HEALTH AND MENTAL
RETARDATION, AND COUNCIL ON DISABILITIES.]
The governor's council on developmental disability under
Minnesota Statutes, section 16B.053, the ombudsman for mental health
and mental retardation under Minnesota Statutes, section 245.92, the
centers for independent living, and the council on disability under
Minnesota Statutes, section 256.482, must study the feasibility of (1)
space coordination, (2) shared use of technology, (3) coordination of
resource priorities, and (4) consolidation and make recommendations to the house and senate committees with jurisdiction over these
entities by January 15, 2004.
Sec. 61.
[GOVERNOR'S COUNCIL ON DEVELOPMENTAL DISABILITY.]
The governor's council on developmental disability under
Minnesota Statutes, section 16B.053, shall provide an annual report
of its activities to the house and senate committees with jurisdiction
over human services by February 1 of each year.
Sec. 62. [REVISOR'S
INSTRUCTION.]
For sections in Minnesota Statutes and Minnesota Rules affected
by the repealed sections in this article, the revisor shall delete
internal cross-references where appropriate and make changes necessary
to correct the punctuation, grammar, or structure of the remaining text
and preserve its meaning.
Sec. 63. [REPEALER.]
(a) Minnesota Statutes 2002, sections 252.32, subdivision
2; 256B.095; 256B.0951; 256B.0952; 256B.0953; 256B.0954; and 256B.0955,
are repealed July 1, 2003.
(b) Minnesota Statutes 2002, section 245.4712, subdivision
2, is repealed July 1, 2005.
(c) Laws 2001, First Special Session chapter 9, article 13,
section 24, is repealed July 1, 2003.
ARTICLE
5
CHILDREN'S
SERVICES
Section 1. Minnesota
Statutes 2002, section 256B.0625, subdivision 20, is amended to read:
Subd. 20. [MENTAL
HEALTH CASE MANAGEMENT.] (a) To the extent authorized by rule of the state
agency, medical assistance covers case management services to persons with serious
and persistent mental illness and children with severe emotional
disturbance. Services provided under
this section must meet the relevant standards in sections 245.461 to 245.4888,
the Comprehensive Adult and Children's Mental Health Acts, Minnesota Rules,
parts 9520.0900 to 9520.0926, and 9505.0322, excluding subpart 10.
(b) Entities meeting program standards set out in rules
governing family community support services as defined in section 245.4871,
subdivision 17, are eligible for medical assistance reimbursement for case
management services for children with severe emotional disturbance when these
services meet the program standards in Minnesota Rules, parts 9520.0900 to
9520.0926 and 9505.0322, excluding subparts 6 and 10.
(c) Medical assistance and MinnesotaCare payment for mental
health case management shall be made on a monthly basis. In order to receive payment for an eligible
child, the provider must document at least a face-to-face contact with the
child, the child's parents, or the child's legal representative. To receive payment for an eligible adult,
the provider must document:
(1) at least a face-to-face contact with the adult or the
adult's legal representative; or
(2) at least a telephone contact with the adult or the adult's
legal representative and document a face-to-face contact with the adult or the
adult's legal representative within the preceding two months.
(d) Payment for mental health case management provided by
county or state staff shall be based on the monthly rate methodology under
section 256B.094, subdivision 6, paragraph (b), with separate rates calculated
for child welfare and mental health, and within mental health, separate rates
for children and adults.
(e) Payment for mental health case management provided by
Indian health services or by agencies operated by Indian tribes may be made
according to this section or other relevant federally approved rate setting
methodology.
(f) Payment for mental health case management provided by
vendors who contract with a county or Indian tribe shall be based on a monthly
rate negotiated by the host county or tribe. The negotiated rate must not
exceed the rate charged by the vendor for the same service to other
payers. If the service is provided by a
team of contracted vendors, the county or tribe may negotiate a team rate with
a vendor who is a member of the team.
The team shall determine how to distribute the rate among its
members. No reimbursement received by
contracted vendors shall be returned to the county or tribe, except to
reimburse the county or tribe for advance funding provided by the county or
tribe to the vendor.
(g) If the service is provided by a team which includes
contracted vendors, tribal staff, and county or state staff, the costs for county
or state staff participation in the team shall be included in the rate for
county-provided services. In this case,
the contracted vendor, the tribal agency, and the county may each receive
separate payment for services provided by each entity in the same month. In order to prevent duplication of services,
each entity must document, in the recipient's file, the need for team case
management and a description of the roles of the team members.
(h) The commissioner shall calculate the nonfederal share of
actual medical assistance and general assistance medical care payments for each
county, based on the higher of calendar year 1995 or 1996, by service date,
project that amount forward to 1999, and transfer one-half of the result from
medical assistance and general assistance medical care to each county's mental
health grants under sections 245.4886 and 256E.12 for calendar year 1999. The annualized minimum amount added to each
county's mental health grant shall be $3,000 per year for children and $5,000
per year for adults. The commissioner
may reduce the statewide growth factor in order to fund these minimums. The annualized total amount transferred
shall become part of the base for future mental health grants for each county.
(i) Any net increase in revenue to the county or tribe as a
result of the change in this section must be used to provide expanded mental
health services as defined in sections 245.461 to 245.4888, the Comprehensive
Adult and Children's Mental Health Acts, excluding inpatient and residential
treatment. For adults, increased
revenue may also be used for services and consumer supports which are part of
adult mental health projects approved under Laws 1997, chapter 203, article 7,
section 25. For children, increased revenue may also be used for respite care
and nonresidential individualized rehabilitation services as defined in section
245.492, subdivisions 17 and 23. "Increased revenue" has the meaning
given in Minnesota Rules, part 9520.0903, subpart 3.
(j) Notwithstanding section 256B.19, subdivision 1, the
nonfederal share of costs for mental health case management shall be provided
by the recipient's county of responsibility, as defined in sections 256G.01 to
256G.12, from sources other than federal funds or funds used to match other
federal funds. If the service is provided by a tribal agency, the nonfederal
share, if any, shall be provided by the recipient's tribe.
(k) (j) The commissioner may suspend, reduce, or
terminate the reimbursement to a provider that does not meet the reporting or
other requirements of this section. The
county of responsibility, as defined in sections 256G.01 to 256G.12, or, if
applicable, the tribal agency, is responsible for any federal disallowances. The county or tribe may share this responsibility
with its contracted vendors.
(l) (k) The commissioner shall set aside a
portion of the federal funds earned under this section to repay the special
revenue maximization account under section 256.01, subdivision 2, clause
(15). The repayment is limited to:
(1) the costs of developing and implementing this section; and
(2) programming the information systems.
(m) (l) Payments to counties and tribal
agencies for case management expenditures under this section shall only be made
from federal earnings from services provided under this section. Payments to county-contracted vendors shall
include both the federal earnings and the county share.
(n) (m) Notwithstanding section 256B.041, county
payments for the cost of mental health case management services provided by
county or state staff shall not be made to the state treasurer. For the purposes of mental health case
management services provided by county or state staff under this section, the
centralized disbursement of payments to counties under section 256B.041
consists only of federal earnings from services provided under this section.
(o) (n) Case management services under this
subdivision do not include therapy, treatment, legal, or outreach services.
(p) (o) If the recipient is a resident of a
nursing facility, intermediate care facility, or hospital, and the recipient's
institutional care is paid by medical assistance, payment for case management
services under this subdivision is limited to the last 180 days of the
recipient's residency in that facility and may not exceed more than six months
in a calendar year.
(q) (p) Payment for case management services
under this subdivision shall not duplicate payments made under other program
authorities for the same purpose.
(r) (q) By July 1, 2000, the commissioner shall
evaluate the effectiveness of the changes required by this section, including
changes in number of persons receiving mental health case management, changes
in hours of service per person, and changes in caseload size.
(s) (r) For each calendar year beginning with the
calendar year 2001, the annualized amount of state funds for each county
determined under paragraph (h) shall be adjusted by the county's percentage
change in the average number of clients per month who received case management
under this section during the fiscal year that ended six months prior to the
calendar year in question, in comparison to the prior fiscal year.
(t) (s) For counties receiving the minimum
allocation of $3,000 or $5,000 described in paragraph (h), the adjustment in
paragraph (s) (r) shall be determined so that the county receives
the higher of the following amounts:
(1) a continuation of the minimum allocation in paragraph (h);
or
(2) an amount based on that county's average number of clients
per month who received case management under this section during the fiscal
year that ended six months prior to the calendar year in question, times the
average statewide grant per person per month for counties not receiving the minimum
allocation.
(u) (t) The adjustments in paragraphs (s) (r)
and (t) (s) shall be calculated separately for children and
adults.
Sec. 2. Minnesota
Statutes 2002, section 256B.0625, subdivision 23, is amended to read:
Subd. 23. [DAY
TREATMENT SERVICES.] Medical assistance covers day treatment services for
adults as specified in sections section 245.462, subdivision
8, and 245.4871, subdivision 10, that are provided under contract with
the county board. Notwithstanding
Minnesota Rules, part 9505.0323, subpart 15, the commissioner may set
authorization thresholds for day treatment according to section
256B.0625, subdivision 25. Medical assistance covers day treatment
services for children as specified under section 256B.0943. Medical assistance coverage for day
treatment for adults ends on June 30, 2005.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 3. Minnesota
Statutes 2002, section 256B.0625, is amended by adding a subdivision to read:
Subd. 35a.
[CHILDREN'S MENTAL HEALTH CRISIS RESPONSE SERVICES.] Medical
assistance covers children's mental health crisis response services
according to section 256B.0944.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 4. Minnesota
Statutes 2002, section 256B.0625, is amended by adding a subdivision to read:
Subd. 35b.
[CHILDREN'S THERAPEUTIC SERVICES AND SUPPORTS.] Medical assistance
covers children's therapeutic services and supports according to section
256B.0943.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 5. Minnesota
Statutes 2002, section 256B.0625, is amended by adding a subdivision to read:
Subd. 45.
[SUBACUTE PSYCHIATRIC CARE FOR PERSONS UNDER 21 YEARS OF AGE.] Medical
assistance covers subacute psychiatric care for person under 21 years of
age when:
(1) the services meet the requirements of Code of Federal
Regulations, title 42, section 440.160;
(2) the facility is accredited as a psychiatric treatment
facility by the joint commission on accreditation of healthcare organizations,
the commission on accreditation of rehabilitation facilities, or the
council on accreditation; and
(3) the facility is licensed by the commissioner of health
under section 144.50.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 6. [256B.0943]
[CHILDREN'S THERAPEUTIC SERVICES AND SUPPORTS.]
Subdivision 1.
[DEFINITIONS.] For purposes of this section, the following
terms have the meanings given them.
(a) "Children's therapeutic services and supports"
means the flexible package of mental health services for children who
require varying therapeutic and rehabilitative levels of intervention. The services are time-limited interventions
that are delivered using various treatment modalities and combinations
of services designed to reach treatment outcomes identified in the
individual treatment plan.
(b) "Clinical supervision" means the overall
responsibility of the mental health professional for the control and
direction of individualized treatment planning, service delivery, and
treatment review for each client. A
mental health professional who is an enrolled Minnesota health care
program provider accepts full professional responsibility for a
supervisee's actions and decisions, instructs the supervisee in the supervisee's
work, and oversees or directs the supervisee's work.
(c) "County board" means the county board of
commissioners or board established under sections 402.01 to 402.10 or
471.59.
(d) "Crisis assistance" has the meaning given in
section 245.4871, subdivision 9a.
(e) "Culturally competent
provider" means a provider who understands and can utilize to a
client's benefit the client's culture when providing services to the
client. A provider may be
culturally competent because the provider is of the same cultural or
ethnic group as the client or the provider has developed the knowledge
and skills through training and experience to provide services to
culturally diverse clients.
(f) "Day treatment program" for children means a
site-based structured program consisting of group psychotherapy for more
than three individuals and other intensive therapeutic services provided
by a multidisciplinary team, under the clinical supervision of a mental
health professional.
(g) "Diagnostic assessment" has the meaning given
in section 245.4871, subdivision 11.
(h) "Direct service time" means the time that a
mental health professional, mental health practitioner, or mental health
behavioral aide spends face-to-face with a client and the client's
family. Direct service time includes
time in which the provider obtains a client's history or provides
service components of children's therapeutic services and supports. Direct
service time does not include time doing work before and after providing
direct services, including scheduling, maintaining clinical records,
consulting with others about the client's mental health status,
preparing reports, receiving clinical supervision directly related to
the client's psychotherapy session, and revising the client's individual
treatment plan.
(i) "Direction of mental health behavioral aide"
means the activities of a mental health professional or mental health
practitioner in guiding the mental health behavioral aide in providing
services to a client. The direction of
a mental health behavioral aide must be based on the client's individualized
treatment plan and meet the requirements in subdivision 6, paragraph
(b), clause (5).
(j) "Emotional disturbance" has the meaning given
in section 245.4871, subdivision 15.
For persons at least age 18 but under age 21, mental illness has
the meaning given in section 245.462, subdivision 20, paragraph (a).
(k) "Individual behavioral plan" means a plan of
intervention, treatment, and services for a child written by a mental
health professional or mental health practitioner, under the clinical
supervision of a mental health professional, to guide the work of the
mental health behavioral aide.
(l) "Individual treatment plan" has the meaning
given in section 245.4871, subdivision 21.
(m) "Mental health professional" means an
individual as defined in section 245.4871, subdivision 27, clauses (1)
to (5), or tribal vendor as defined in section 256B.02, subdivision 7,
paragraph (b).
(n) "Preschool program" means a day program
licensed under Minnesota Rules, parts 9503.0005 to 9503.0175, and
enrolled as a children's therapeutic services and supports provider to
provide a structured treatment program to a child who is at least 33
months old but who has not yet attended the first day of kindergarten.
(o) "Skills training" means individual, family, or
group training designed to improve the basic functioning of the child
with emotional disturbance and the child's family in the activities
of daily living and community living, and to improve the social
functioning of the child and the child's family in areas important to
the child's maintaining or reestablishing residency in the
community. Individual, family, and
group skills training must:
(1) consist of activities designed to promote skill development
of the child and the child's family in the use of age-appropriate daily
living skills, interpersonal and family relationships, and leisure and
recreational services;
(2) consist of activities that will assist the family's understanding
of normal child development and to use parenting skills that will help
the child with emotional disturbance achieve the goals outlined in the
child's individual treatment plan; and
(3) promote family preservation and
unification, promote the family's integration with the community, and
reduce the use of unnecessary out-of-home placement or
institutionalization of children with emotional disturbance.
Subd. 2.
[COVERED SERVICE COMPONENTS OF CHILDREN'S THERAPEUTIC SERVICES AND
SUPPORTS.] (a) Subject to federal approval, medical assistance covers
medically necessary children's therapeutic services and supports as
defined in this section that an eligible provider entity under
subdivisions 4 and 5 provides to a client eligible under subdivision 3.
(b) The service components of children's therapeutic services
and supports are:
(1) individual, family, and group psychotherapy;
(2) individual, family, or group skills training provide by
a mental health professional or mental health practitioner;
(3) crisis assistance;
(4) mental health behavioral aide services; and
(5) direction of a mental health behavioral aide.
(c) Service components may be combined to constitute therapeutic
programs, including day treatment programs and preschool programs. Although day treatment and preschool programs
have specific client and provider eligibility requirements, medical
assistance only pays for the service components listed in paragraph (b).
Subd. 3.
[DETERMINATION OF CLIENT ELIGIBILITY.] A client's eligibility
to receive children's therapeutic services and supports under this
section shall be determined based on a diagnostic assessment by a mental
health professional that is performed within 180 days of the initial
start of service. The diagnostic
assessment must:
(1) include current diagnoses on all five axes of the client's
current mental health status;
(2) determine whether a child under age 18 has a diagnosis
of emotional disturbance or, if the person is between the ages of 18
and 21, whether the person has a mental illness;
(3) document children's therapeutic services and supports
as medically necessary to address an identified disability, functional
impairment, and the individual client's needs and goals;
(4) be used in the development of the individualized treatment
plan; and
(5) be completed annually until age 18. For individuals between age 18 and
21, unless a client's mental health condition has changed markedly since
the client's most recent diagnostic assessment, annual updating is
necessary. For the purpose of this
section, "updating" means a written summary, including current
diagnoses on all five axes, by a mental health professional of the
client's current mental health status and service needs.
Subd. 4.
[PROVIDER ENTITY CERTIFICATION.] (a) Effective July 1, 2003,
the commissioner shall establish an initial provider entity application
and certification process and recertification process to determine
whether a provider entity has an administrative and clinical
infrastructure that meets the requirements in subdivisions 5 and 6. The commissioner shall recertify a
provider entity at least every three years.
The commissioner shall establish a process
for decertification of a provider entity that no longer meets the
requirements in this section.
The county, tribe, and the commissioner shall be mutually
responsible and accountable for the county's, tribe's, and state's part
of the certification, recertification, and decertification processes.
(b) For purposes of this section, a provider entity must be:
(1) an Indian health services facility or a facility owned
and operated by a tribe or tribal organization operating as a 638
facility under Public Law 93-368 certified by the state;
(2) a county-operated entity certified by the state; or
(3) a noncounty entity recommended for certification by the
provider's host county and certified by the state.
Subd. 5.
[PROVIDER ENTITY ADMINISTRATIVE INFRASTRUCTURE REQUIREMENTS.] (a) To
be an eligible provider entity under this section, a provider entity
must have an administrative infrastructure that establishes authority
and accountability for decision making and oversight of functions,
including finance, personnel, system management, clinical practice, and
performance measurement. The
provider must have written policies and procedures that it reviews and
updates every three years and distributes to staff initially and upon
each subsequent update.
(b) The administrative infrastructure written policies and
procedures must include:
(1) personnel procedures, including a process for: (i) recruiting, hiring, training, and
retention of culturally and linguistically competent providers; (ii)
conducting a criminal background check on all direct service providers
and volunteers; (iii) investigating, reporting, and acting on violations
of ethical conduct standards; (iv) investigating, reporting, and acting
on violations of data privacy policies that are compliant with federal
and state laws; (v) utilizing volunteers, including screening
applicants, training and supervising volunteers, and providing liability
coverage for volunteers; and (vi) documenting that a mental health
professional, mental health practitioner, or mental health behavioral
aide meets the applicable provider qualification criteria, training
criteria under subdivision 8, and clinical supervision or direction of a
mental health behavioral aide requirements under subdivision 6;
(2) fiscal procedures, including internal fiscal control
practices and a process for collecting revenue that is compliant with
federal and state laws;
(3) if a client is receiving services from a case manager
or other provider entity, a service coordination process that ensures
services are provided in the most appropriate manner to achieve maximum
benefit to the client. The provider
entity must ensure coordination and nonduplication of services
consistent with county board coordination procedures established under
section 245.4881, subdivision 5;
(4) a performance measurement system, including monitoring
to determine cultural appropriateness of services identified in the
individual treatment plan, as determined by the client's culture,
beliefs, values, and language, and family-driven services; and
(5) a process to establish and maintain individual client
records. The client's records must
include: (i) the client's personal
information; (ii) forms applicable to data privacy; (iii) the client's
diagnostic assessment, updates, tests, individual treatment plan, and
individual behavior plan, if necessary; (iv) documentation of service
delivery as specified under subdivision 6; (v) telephone contacts; (vi)
discharge plan; and (vii) if applicable, insurance information.
Subd. 6. [PROVIDER ENTITY CLINICAL INFRASTRUCTURE
REQUIREMENTS.] (a) To be an eligible provider entity under this section,
a provider entity must have a clinical infrastructure that utilizes
diagnostic assessment, an individualized treatment plan, service
delivery, and individual treatment plan review that are culturally competent,
child-centered, and family-driven to achieve maximum benefit for the
client. The provider entity must
review and update the clinical policies and procedures every three years
and must distribute the policies and procedures to staff initially and upon
each subsequent update.
(b) The clinical infrastructure written policies and procedures
must include policies and procedures for:
(1) providing or obtaining a client's diagnostic assessment
that identifies acute and chronic clinical disorders, co-occurring
medical conditions, sources of psychological and environmental problems,
and a functional assessment. The functional
assessment must clearly summarize the client's individual strengths and
needs;
(2) developing an individual treatment plan that is: (i) based on the information in the
client's diagnostic assessment; (ii) developed no later than the end of
the first psychotherapy session after the completion of the client's
diagnostic assessment by the mental health professional who provides the
client's psychotherapy; (iii) developed through a child-centered,
family-driven planning process that identifies service needs and
individualized, planned, and culturally-appropriate interventions that
contain specific treatment goals and objectives for the client and the
client's family or foster family; (iv) reviewed at least once every 90
days and revised, if necessary; and (v) signed by the client or, if
appropriate, by the client's parent or other person authorized by
statute to consent to mental health services for the client;
(3) developing an individual behavior plan that documents
services to be provided by the mental health behavioral aide. The
individual behavior plan must include:
(i) detailed instructions on the service to be provided; (ii)
time allocated to each service; (iii) methods of documenting the child's
behavior; (iv) methods of monitoring the child's progress in reaching
objectives; and (v) goals to increase or decrease targeted behavior as
identified in the individual treatment plan;
(4) clinical supervision of the mental health practitioner
and mental health behavioral aide. A
mental health professional must document the clinical supervision the
professional provides by cosigning individual treatment plans and making
entries in the client's record on supervisory activities. Clinical supervision does not include
the authority to make or terminate court-ordered placements of the
child. A clinical supervisor must
be available for urgent consultation as required by the individual
client's needs or the situation.
Clinical supervision may occur individually or in a small group
to discuss treatment and review progress toward goals. The focus of clinical supervision
must be the client's treatment needs and progress and the mental health
practitioner's or behavioral aide's ability to provide services;
(5) providing direction to a mental health behavioral aide. For entities that employ mental health
behavioral aides, the clinical supervisor must be employed by the
provider entity to ensure necessary and appropriate oversight for the
client's treatment and continuity of care. The mental health professional or mental health
practitioner giving direction must begin with the goals on the
individualized treatment plan, and instruct the mental health behavioral
aide on how to construct therapeutic activities and interventions that
will lead to goal attainment.
The professional or practitioner giving direction must also
instruct the mental health behavioral aide about the client's diagnosis,
functional status, and other characteristics that are likely to affect
service delivery. Direction must also
include determining that the mental health behavioral aide has the
skills to interact with the client and the client's family in ways that
convey personal and cultural respect and that the aide actively solicits
information relevant to treatment from the family. The aide must be able to clearly explain the
activities the aide is doing with the client and the activities' relationship
to treatment goals. Direction is more
didactic than is supervision and requires the professional or practitioner
providing it to continuously evaluate the mental health behavioral
aide's ability to carry out the activities of the individualized
treatment plan and the individualized behavior plan. When providing direction, the professional or
practitioner must: (i) review
progress notes prepared by the mental health behavioral aide for
accuracy and consistency with diagnostic assessment, treatment plan, and
behavior goals and the professional or practitioner must approve and
sign the progress notes; (ii) identify changes in treatment strategies,
revise the individual behavior plan, and communicate treatment instructions
and methodologies as appropriate to ensure that treatment is implemented
correctly; (iii) demonstrate family-friendly behaviors that support
healthy collaboration among the child, the child's family, and providers
as treatment is planned and implemented; (iv) ensure that the mental
health behavioral aide is able to effectively communicate with the child,
the child's family, and the provider; and (v) record the results of any
evaluation and corrective actions taken to modify the work of the mental
health behavioral aide;
(6) providing service delivery that implements the individual
treatment plan and meets the requirements under subdivision 9; and
(7) individual treatment plan review. The review must determine the extent
to which the services have met the goals and objectives in the previous
treatment plan. The review must assess
the client's progress and ensure that services and treatment goals
continue to be necessary and appropriate to the client and the client's
family or foster family. Revision of
the individual treatment plan does not require a new diagnostic assessment
unless the client's mental health status has changed markedly. The updated treatment plan must be signed by
the client, if appropriate, and by the client's parent or other person
authorized by statute to give consent to the mental health services for
the child.
Subd. 7.
[QUALIFICATIONS OF INDIVIDUAL AND TEAM PROVIDERS.] (a) An individual
or team provider working within the scope of the provider's practice or
qualifications may provide service components of children's therapeutic
services and supports that are identified as medically necessary in a
client's individual treatment plan.
(b) An individual provider and multidisciplinary team include:
(1) a mental health professional as defined in subdivision
1, paragraph (m);
(2) a mental health practitioner as defined in section 245.4871,
subdivision 26. The mental health
practitioner must work under the clinical supervision of a mental health
professional;
(3) a mental health behavioral aide working under the direction
of a mental health professional to implement the rehabilitative mental
health services identified in the client's individual treatment
plan. A level I mental health
behavioral aide must: (i) be at
least 18 years old; (ii) have a high school diploma or general
equivalency diploma (GED) or two years of experience as a primary
caregiver to a child with severe emotional disturbance within the
previous ten years; and (iii) meet preservices and continuing education
requirements under subdivision 8.
A level II mental health behavioral aide must: (i) be at least 18
years old; (ii) have an associate or bachelor's degree or 4,000 hours of
experience in delivering clinical services in the treatment of mental
illness concerning children or adolescents; and (iii) meet preservice
and continuing education requirements in subdivision 8;
(4) a preschool program multidisciplinary team that includes
at least one mental health professional and one or more of the following
individuals under the clinical supervision of a mental health
professional: (i) a mental health
practitioner; or (ii) a program person, including a teacher, assistant
teacher, or aide, who meets the qualifications and training standards
of a level I mental health behavioral aide; or
(5) a day treatment multidisciplinary team that includes at
least one mental health professional and one mental health practitioner.
Subd. 8.
[REQUIRED PRESERVICE AND CONTINUING EDUCATION.] (a) A provider entity
shall establish a plan to provide preservice and continuing education
for staff. The plan must clearly
describe the type of training necessary to maintain current skills and
obtain new skills, and that relates to the provider entity's goals and
objectives for services offered.
(b) A provider that employs a mental health behavioral aide
under this section must require the mental health behavioral aide to
complete 30 hours of preservice training.
The preservice training must include topics specified in
Minnesota Rules, part 9535.4068, subparts 1 and 2, and parent team training. The preservice training must include 15
hours of in-person training of a mental health behavioral aide in mental
health services delivery and eight hours of parent team training. Components of parent team training include:
(1) partnering with parents;
(2) fundamentals of family support;
(3) fundamentals of policy and decision making;
(4) defining equal partnership;
(5) complexities of the parent and service provider partnership
in multiple service delivery systems due to system strengths and
weaknesses;
(6) sibling impacts;
(7) support networks; and
(8) community resources.
(c) A provider entity that employs a mental health practitioner
and a mental health behavioral aide to provide children's therapeutic services
and supports under this section must require the mental health
practitioner and mental health behavioral aide to complete 20 hours of
continuing education every two calendar years. The continuing education must be related to serving the
needs of a child with emotional disturbance in the child's home
environment and the child's family.
The topics covered in orientation and training must conform to
Minnesota Rules, part 9535.4068.
(d) The provider entity must document the mental health practitioner's
or mental health behavioral aide's annual completion of the required
continuing education. The documentation
must include the date, subject, and number of hours of the continuing
education, and attendance records, as verified by the staff member's signature,
job title, and the instructor's name.
The provider entity must keep documentation for each employee,
including records of attendance at professional workshops and
conferences, at a central location and in the employee's personnel file.
Subd. 9.
[SERVICE DELIVERY CRITERIA.] (a) In delivering services under
this section, a certified provider entity must ensure that:
(1) each individual provider's caseload size permits the
provider to deliver services to both clients with severe, complex
needs and clients with less intensive needs.
The provider's caseload size should reasonably enable the
provider to play an active role in service planning, monitoring, and
delivering services to meet the client's and client's family's needs,
as specified in each client's individual treatment plan;
(2) site-based programs, including day treatment and
preschool programs, provide staffing and facilities to ensure the
client's health, safety, and protection of rights, and that the programs
are able to implement each client's individual treatment plan;
(3) a day treatment program is provided to a group of clients
by a multidisciplinary staff under the clinical supervision of a mental
health professional. The day treatment
program must be provided in and by:
(i) an outpatient hospital accredited by the joint commission on
accreditation of health organizations and licensed under sections 144.50
to 144.55; (ii) a community mental health center under section 245.62;
and (iii) an entity that is under contract with the county board to operate
a program that meets the requirements of sections 245.4712, subdivision
2, and 245.4884, subdivision 2, and Minnesota Rules, parts 9505.0170 to
9505.0475. The day treatment program must stabilize the client's mental
health status while developing and improving the client's independent
living and socialization skills.
The goal of the day treatment program must be to reduce or
relieve the effects of mental illness and provide training to enable the
client to live in the community. The program must be available at least
one day a week for a minimum three-hour time block. The three-hour time block must include
at least one hour, but no more than two hours, of individual or group
psychotherapy. The remainder of the
three-hour time block may include recreation therapy, socialization
therapy, or independent living skills therapy, but only if the therapies
are included in the client's individual treatment plan. Day treatment programs are not part of inpatient
or residential treatment services; and
(4) a preschool program is a structured treatment program
offered to a child who is at least 33 months old, but who has not yet
reached the first day of kindergarten, by a preschool multidisciplinary
team in a day program licensed under Minnesota Rules, parts 9503.0005 to
9503.0175. The program must be available
at least one day a week for a minimum two-hour time block. The structured treatment program may include
individual or group psychotherapy and recreation therapy, socialization
therapy, or independent living skills therapy, if included in the
client's individual treatment plan.
(b) A provider entity must delivery the service components
of children's therapeutic services and supports in compliance with
the following requirements:
(1) individual, family, and group psychotherapy must be delivered
as specified in Minnesota Rules, parts 9505.0523;
(2) individual, family, or group skills training must be
provided by a mental health professional or a mental health practitioner
who has a consulting relationship with a mental health professional who
accepts full professional responsibility for the training;
(3) crisis assistance must be an intense, time-limited, and
designed to resolve or stabilize crisis through arrangements for direct
intervention and support services to the child and the child's
family. Crisis assistance must utilize
resources designed to address abrupt or substantial changes in the functioning
of the child or the child's family as evidenced by a sudden change in behavior
with negative consequences for well being, a loss of usual coping
mechanisms, or the presentation of danger to self or others;
(4) medically necessary services that are provided by a mental
health behavioral aide must be designed to improve the functioning of
the child and support the family in activities of daily and community
living. A mental health behavioral aide
must document the delivery of services in written progress notes. The mental health behavioral aide must
implement goals in the treatment plan for the child's emotional
disturbance that allow the child to acquire developmentally and
therapeutically appropriate daily living skills, social skills, and
leisure and recreational skills through targeted activities. These activities may include:
(i) assisting a child as needed with skills development in
dressing, eating, and toileting;
(ii) assisting, monitoring, and guiding the child to
complete tasks, including facilitating the child's participation in
medical appointments;
(iii) observing the child and intervening to redirect the
child's inappropriate behavior;
(iv) assisting the child in using age-appropriate self-management
skills as related to the child's emotional disorder or mental illness,
including problem solving, decision making, communication, conflict
resolution, anger management, social skills, and recreational skills;
(v) implementing deescalation techniques as recommended by
the mental health professional;
(vi) implementing any other mental health service that the
mental health professional has approved as being within the scope of
the behavioral aide's duties; or
(vii) assisting the parents to develop and use parenting
skills that help the child achieve the goals outlined in the child's
individual treatment plan or individual behavioral plan. Parenting skills must be directed
exclusively to the child's treatment; and
(5) direction of a mental health behavioral aide must include
the following:
(i) a total of one hour of on-site observation by a mental
health professional during the first 12 hours of service provided to
a child;
(ii) ongoing on-site observation by a mental health professional
or mental health practitioner for at least a total of one hour during
every 40 hours of service provided to a child; and
(iii) immediate accessibility of the mental health professional
or mental health practitioner to the mental health behavioral aide
during service provision.
Subd. 10.
[SERVICE AUTHORIZATION.] The commissioner shall publish in the
State Register a list of health services that require prior
authorization, as well as the criteria and standards used to select
health services on the list. The list
and the criteria and standards used to formulate the list are not
subject to the requirements of sections 14.001 to 14.69. The
commissioner's decision on whether prior authorization is required for a
health service is not subject to administrative appeal.
Subd. 11.
[DOCUMENTATION AND BILLING.] (a) A provider entity must
document the services it provides under this section. The provider entity must ensure that the
entity's documentation standards meet the requirements of federal and
state laws. Services billed under
this section that are not documented according to this subdivision shall
be subject to monetary recovery by the commissioner.
(b) An individual mental health provider must promptly document
the following in a client's record after providing services to the
client:
(1) each occurrence of the client's mental health service,
including the date, type, length, and scope of the service;
(2) the name of the person who gave the service;
(3) contact made with other persons interested in the client,
including representatives of the courts, corrections systems, or
schools. The provider must document the
name and date of each contact;
(4) any contact made with the client's other mental
health providers, case manager, family members, primary caregiver, legal
representative, or the reason the provider did not contact the client's
family members, primary caregiver, or legal representative, if
applicable; and
(5) required clinical supervision, as appropriate.
Subd. 12.
[EXCLUDED SERVICES.] The following services are not eligible
for medical assistance payment as children's therapeutic services and
supports:
(1) service components of children's therapeutic services
and supports simultaneously provided by more than one provider entity
unless prior authorization is obtained;
(2) children's therapeutic services and supports provided
in violation of medical assistance policy in Minnesota Rules, part
9505.0220;
(3) mental health behavioral aide services provided by a
personal care assistant who is not qualified as a mental health behavioral
aide and employed by a certified children's therapeutic services and
supports provider entity;
(4) services that are the responsibility of a residential
or program license holder, including foster care providers under the
terms of a service agreement or administrative rules governing licensure;
(5) up to 15 hours of children's therapeutic services and
supports provided within a six-month period to a child with severe
emotional disturbance who is residing in a hospital, a group home as
defined in Minnesota Rules, part 9560.0520, subpart 4, a residential
treatment facility licensed under Minnesota Rules, parts 9545.0900 to
9545.1090, a regional treatment center, or other institutional group
setting or who is participating in a program of partial hospitalization
are eligible for medical assistance payment if part of the discharge
plan; and
(6) adjunctive activities that may be offered by a provider
entity but are not otherwise covered by medical assistance, including:
(i) a service that is primarily recreation oriented or that
is provided in a setting that is not medically supervised. This includes sports activities,
exercise groups, activities such as craft hours, leisure time, social
hours, meal or snack time, trips to community activities, and tours;
(ii) a social or educational service that does not have or
cannot reasonably be expected to have a therapeutic outcome related
to the client's emotional disturbance;
(iii) consultation with other providers or service agency
staff about the care or progress of a client;
(iv) prevention or education programs provided to the community;
and
(v) treatment for clients with primary diagnoses of alcohol
or other drug abuse.
[EFFECTIVE DATE.] Unless
otherwise specified, this section is effective July 1, 2004.
Sec. 7. [256B.0944] [COVERED
SERVICES; CHILDREN'S MENTAL HEALTH CRISIS RESPONSE SERVICES.]
Subdivision 1.
[DEFINITIONS.] For purposes of this section, the following
terms have the meanings given them.
(a) "Mental health
crisis" means a child's behavioral, emotional, or psychiatric
situation that, but for the provision of crisis response services to the
child, would likely result in significantly reduced levels of
functioning in primary activities of daily living, an emergency
situation, or the child's placement in a more restrictive setting,
including, but not limited to, inpatient hospitalization.
(b) "Mental health emergency" means a child's
behavioral, emotional, or psychiatric situation that causes an immediate
need for mental health services and is consistent with section 62Q.55. A physician, mental health professional, or
crisis mental health practitioner determines a mental health crisis or
emergency for medical assistance reimbursement with input from the
client and the client's family, if possible.
(c) "Mental health crisis assessment" means an
immediate face-to-face assessment by a physician, mental health professional,
or mental health practitioner under the clinical supervision of a mental
health professional, following a screening that suggests the child may
be experiencing a mental health crisis or mental health emergency
situation.
(d) "Mental health mobile crisis intervention
services" means face-to-face, short-term intensive mental health
services initiated during a mental health crisis or mental health emergency. Mental health mobile crisis services must
help the recipient cope with immediate stressors, identify and utilize
available resources and strengths, and begin to return to the recipient's
baseline level of functioning. Mental
health mobile services must be provided on-site by a mobile crisis intervention
team outside of an emergency room, urgent care, or an inpatient hospital
setting.
(e) "Mental health crisis stabilization services"
means individualized mental health services provided to a recipient following
crisis intervention services that are designed to restore the recipient
to the recipient's prior functional level. The individual treatment plan recommending mental health crisis
stabilization must be completed by the intervention team or by staff
after an inpatient or urgent care visit.
Mental health crisis stabilization services may be provided in
the recipient's home, the home of a family member or friend of the recipient,
another community setting, or a short-term supervised, licensed
residential program if the service is not included in the facility's
cost pool or per diem. Mental health
crisis stabilization is not reimbursable when provided as part of a
partial hospitalization or day treatment program.
Subd. 2.
[MEDICAL ASSISTANCE COVERAGE.] Medical assistance covers
medically necessary children's mental health crisis response services,
subject to federal approval, if provided to an eligible recipient under
subdivision 3, by a qualified provider entity under subdivision 4 or a
qualified individual provider working within the provider's scope of
practice, and identified in the recipient's individual crisis treatment
plan under subdivision 8.
Subd. 3.
[ELIGIBILITY.] An eligible recipient is an individual who:
(1) is eligible for medical assistance;
(2) is under age 18 or between the ages of 18 and 21;
(3) is screened as possibly experiencing a mental health
crisis or mental health emergency where a mental health crisis assessment
is needed;
(4) is assessed as experiencing a mental health crisis or
mental health emergency, and mental health mobile crisis intervention
or mental health crisis stabilization services are determined to be
medically necessary; and
(5) meets the criteria for emotional disturbance or mental
illness.
Subd. 4. [PROVIDER ENTITY STANDARDS.] (a) A crisis
intervention and crisis stabilization provider entity must meet the
administrative and clinical standards specified in section 256B.0943,
subdivisions 5 and 6, meet the standards listed in paragraph (b), and
be:
(1) an Indian health service facility or facility owned and
operated by a tribe or a tribal organization operating under Public
Law 93-638 as a 638 facility;
(2) a county-board operated entity; or
(3) a provider entity that is under contract with the county
board in the county where the potential crisis or emergency is
occurring.
(b) The children's mental health crisis response services
provider entity must:
(1) ensure that mental health crisis assessment and mobile
crisis intervention services are available 24 hours a day, seven days
a week;
(2) directly provide the services or, if services are subcontracted,
the provider entity must maintain clinical responsibility for services
and billing;
(3) ensure that crisis intervention services are provided
in a manner consistent with sections 245.487 to 245.4888; and
(4) develop and maintain written policies and procedures
regarding service provision that include safety of staff and recipients
in high-risk situations.
Subd. 5. [MOBILE
CRISIS INTERVENTION STAFF QUALIFICATIONS.] (a) To provide children's mental
health mobile crisis intervention services, a mobile crisis intervention
team must include:
(1) at least two mental health professionals as defined in
section 256B.0943, subdivision 1, paragraph (m); or
(2) a combination of at least one mental health professional
and one mental health practitioner as defined in section 245.4871,
subdivision 26, with the required mental health crisis training and
under the clinical supervision of a mental health professional on the
team.
(b) The team must have at least two people with at least
one member providing on-site crisis intervention services when needed. Team members must be experienced in mental
health assessment, crisis intervention techniques, and clinical decision
making under emergency conditions and have knowledge of local services
and resources. The team must recommend
and coordinate the team's services with appropriate local resources,
including as the county social services agency, mental health service
providers, and local law enforcement, if necessary.
Subd. 6.
[INITIAL SCREENING, CRISIS ASSESSMENT, AND MOBILE INTERVENTION TREATMENT
PLANNING.] (a) Before initiating mobile crisis intervention services,
a screening of the potential crisis situation must be conducted. The screening may use the resources
of crisis assistance and emergency services as defined in sections
245.4871, subdivision 14, and 245.4879, subdivisions 1 and 2. The screening must gather information,
determine whether a crisis situation exists, identify the parties involved,
and determine an appropriate response.
(b) If a crisis exists, a crisis assessment must be completed. A crisis assessment must evaluate any
immediate needs for which emergency services are needed and, as time
permits, the recipient's current life situation, sources of stress,
mental health problems and symptoms, strengths, cultural considerations,
support network, vulnerabilities, and current functioning.
(c) If the crisis assessment
determines mobile crisis intervention services are needed, the
intervention services must be provided promptly. As the opportunity presents itself during
the intervention, at least two members of the mobile crisis intervention
team must confer directly or by telephone about the assessment,
treatment plan, and actions taken and needed.
At least one of the team members must be on site providing crisis
intervention services. If providing
on-site crisis intervention services, a mental health practitioner must
seek clinical supervision as required under subdivision 9.
(d) The mobile crisis intervention team must develop an initial,
brief crisis treatment plan as soon as appropriate but no later than 24
hours after the initial face-to-face intervention. The plan must address the needs and problems
noted in the crisis assessment and include measurable short-term goals,
cultural considerations, and frequency and type of services to be
provided to achieve the goals and reduce or eliminate the crisis. The crisis treatment plan must be updated
as needed to reflect current goals and services. The team must involve the client and the client's family
in developing and implementing the plan.
(e) The team must document in progress notes which short-term
goals have been met and when no further crisis intervention services are
required.
(f) If the client's crisis is stabilized, but the client
needs a referral for mental health crisis stabilization services or
to other services, the team must provide a referral to these services. If the recipient has a case manager,
planning for other services must be coordinated with the case manager.
Subd. 7. [CRISIS
STABILIZATION SERVICES.] (a) Crisis stabilization services must be
provided by a mental health professional or a mental health practitioner
who works under the clinical supervision of a mental health professional
and for a crisis stabilization services provider entity, and must meet
the following standards:
(1) a crisis stabilization treatment plan must be developed
which meets the criteria in subdivision 8;
(2) services must be delivered according to the treatment
plan and include face-to-face contact with the recipient by qualified
staff for further assessment, help with referrals, updating the crisis
stabilization treatment plan, supportive counseling, skills training,
and collaboration with other service providers in the community; and
(3) mental health practitioners must have completed at least
30 hours of training in crisis intervention and stabilization during the
past two years.
Subd. 8.
[TREATMENT PLAN.] (a) The individual crisis stabilization
treatment plan must include, at a minimum:
(1) a list of problems identified in the assessment;
(2) a list of the recipient's strengths and resources;
(3) concrete, measurable short-term goals and tasks to be
achieved, including time frames for achievement of the goals;
(4) specific objectives directed toward the achievement of
each goal;
(5) documentation of the participants involved in the service
planning;
(6) planned frequency and type of services initiated;
(7) a crisis response action plan if a crisis should occur;
and
(8) clear progress notes on the
outcome of goals.
(b) The client, if clinically appropriate, must be a participant
in the development of the crisis stabilization treatment plan. The client or the client's legal guardian
must sign the service plan or documentation must be provided why this
was not possible. A copy of the plan
must be given to the client and the client's legal guardian. The plan should include services
arranged, including specific providers where applicable.
(c) A treatment plan must be developed by a mental health
professional or mental health practitioner under the clinical supervision
of a mental health professional. A
written plan must be completed within 24 hours of beginning services
with the client.
Subd. 9.
[SUPERVISION.] (a) A mental health practitioner may provide
crisis assessment and mobile crisis intervention services if the
following clinical supervision requirements are met:
(1) the mental health provider entity must accept full responsibility
for the services provided;
(2) the mental health professional of the provider entity,
who is an employee or under contract with the provider entity, must
be immediately available by telephone or in person for clinical
supervision;
(3) the mental health professional is consulted, in person
or by telephone, during the first three hours when a mental health
practitioner provides on-site service; and
(4) the mental health professional must review and approve
the tentative crisis assessment and crisis treatment plan, document
the consultation, and sign the crisis assessment and treatment plan
within the next business day.
(b) If the mobile crisis intervention services continue into
a second calendar day, a mental health professional must contact the
client face-to-face on the second day to provide services and update the
crisis treatment plan. The on-site observation
must be documented in the client's record and signed by the mental
health professional.
Subd. 10.
[CLIENT RECORD.] The provider must maintain a file for each
client that complies with the requirements under section 256B.0943,
subdivision 11, and contains the following information:
(1) individual crisis treatment plans signed by the recipient,
mental health professional, and mental health practitioner who developed
the crisis treatment plan, or if the recipient refused to sign the plan,
the date and reason stated by the recipient for not signing the plan;
(2) signed release of information forms;
(3) recipient health information and current medications;
(4) emergency contacts for the recipient;
(5) case records that document the date of service, place
of service delivery, signature of the person providing the service,
and the nature, extent, and units of service.
Direct or telephone contact with the recipient's family or others
should be documented;
(6) required clinical supervision by mental health professionals;
(7) summary of the recipient's case reviews by staff; and
(8) any written information by the recipient that the recipient
wants in the file.
Subd. 11.
[EXCLUDED SERVICES.] The following services are excluded from
reimbursement under this section:
(1) room and board services;
(2) services delivered to a recipient while admitted to an
inpatient hospital;
(3) transportation services under children's mental health
crisis response service;
(4) services provided and billed by a provider who is not
enrolled under medical assistance to provide children's mental health
crisis response services;
(5) crisis response services provided by a residential treatment
center to clients in their facility;
(6) services performed by volunteers;
(7) direct billing of time spent "on call" when
not delivering services to a recipient;
(8) provider service time included in case management reimbursement;
(9) outreach services to potential recipients; and
(10) a mental health service that is not medically necessary.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 8. Minnesota
Statutes 2002, section 256B.0945, subdivision 2, is amended to read:
Subd. 2. [COVERED
SERVICES.] All services must be included in a child's individualized treatment
or multiagency plan of care as defined in chapter 245.
(a) For facilities that are institutions for mental diseases
according to statute and regulation or are not institutions for mental diseases
but are approved by the commissioner to provide services under this paragraph,
medical assistance covers the full contract rate, including room and board if
the services meet the requirements of Code of Federal Regulations, title 42,
section 440.160.
(b) For facilities that are not institutions for mental
diseases according to federal statute and regulation and are not providing
services under paragraph (a), medical assistance covers mental health
related services that are required to be provided by a residential facility
under section 245.4882 and administrative rules promulgated thereunder, except
for room and board.
Sec. 9. Minnesota
Statutes 2002, section 256B.0945, subdivision 4, is amended to read:
Subd. 4. [PAYMENT
RATES.] (a) Notwithstanding sections 256B.19 and 256B.041, payments to counties
for residential services provided by a residential facility shall only be made
of federal earnings for services provided under this section, and the
nonfederal share of costs for services provided under this section shall be
paid by the county from sources other than federal funds or funds used to match
other federal funds. Payment to counties for services provided according to
subdivision 2, paragraph (a), shall be the federal share of the contract rate. Payment to counties for services provided
according to subdivision 2, paragraph (b), this section shall be
a proportion of the per day contract rate that relates to rehabilitative mental
health services and shall not include payment for costs or services that are
billed to the IV-E program as room and board.
(b) The commissioner shall set aside a portion not to
exceed five percent of the federal funds earned under this section to cover the
state costs of administering this section. Any unexpended funds from the
set-aside shall be distributed to the counties in proportion to their earnings
under this section.
Sec. 10. Minnesota
Statutes 2002, section 256F.10, subdivision 6, is amended to read:
Subd. 6. [DISTRIBUTION
OF NEW FEDERAL REVENUE.] (a) Except for portion set aside in paragraph (b), the
federal funds earned under this section and section 256B.094 by providers shall
be paid to each provider based on its earnings, and must be used by each
provider to expand preventive child welfare services.
If a county or tribal social
services agency chooses to be a provider of child welfare targeted case
management and if that county or tribal social services agency also joins a
local children's mental health collaborative as authorized by the 1993 legislature,
then the federal reimbursement received by the county or tribal social services
agency for providing child welfare targeted case management services to
children served by the local collaborative shall be transferred by the county
or tribal social services agency to the integrated fund. The federal reimbursement transferred to the
integrated fund by the county or tribal social services agency must not be used
for residential care other than respite care described under subdivision 7,
paragraph (d).
(b) The commissioner shall set aside a portion of the federal
funds earned under this section to repay the special revenue maximization
account under section 256.01, subdivision 2, clause (15). The repayment is limited to:
(1) the costs of developing and implementing this section and
sections 256B.094 and 256J.48;
(2) programming the information systems; and
(3) the lost federal revenue for the central office claim
directly caused by the implementation of these sections.
Any unexpended funds from the set aside under this paragraph
shall be distributed to providers according to paragraph (a).
Sec. 11. Minnesota
Statutes 2002, section 257.05, is amended to read:
257.05 [IMPORTATION.]
Subdivision 1.
[NOTIFICATION AND DUTIES OF COMMISSIONER.] No person, except as provided
by subdivision subdivisions 2 and 3, shall bring or
send into the state any child for the purpose of placing the child out or
procuring the child's adoption without first obtaining the consent of the
commissioner of human services, and such person shall conform to all rules of
the commissioner of human services and laws of the state of Minnesota relating
to protection of children in foster care. Before any child shall be brought or
sent into the state for the purpose of being placed in foster care, the person
bringing or sending the child into the state shall first notify the
commissioner of human services of the person's intention, and shall obtain from
the commissioner of human services a certificate stating that the home in which
the child is to be placed is, in the opinion of the commissioner of human
services, a suitable adoptive home for the child if legal adoption is
contemplated or that the home meets the commissioner's requirements for
licensing of foster homes if legal adoption is not contemplated. The commissioner is responsible for
protecting the child's interests so long as the child remains within the state
and until the child reaches the age of 18 or is legally adopted. Notice to the commissioner shall state the
name, age, and personal description of the child, and the name and address of
the person with whom the child is to be placed, and such other information
about the child and the foster home as may be required by the commissioner.
Subd. 2. [EXEMPT
RELATIVES.] A parent, stepparent, grandparent, brother, sister and aunt or
uncle in the first degree of the minor child who bring a child into the state
for placement within their own home shall be exempt from the provisions of
subdivision 1. This relationship may be
by blood or marriage.
Subd. 3.
[INTERNATIONAL ADOPTIONS.] Subject to state and federal laws
and rules, adoption agencies licensed under chapter 245A and Minnesota
Rules, parts 9545.0755 to 9545.0845, and county social services agencies
are authorized to certify that the prospective adoptive home of a child
brought into the state from another country for the purpose of adoption
is a suitable home, or that the home meets the commissioner's
requirements for licensing of foster homes if legal adoption is not
contemplated.
Sec. 12. Minnesota
Statutes 2002, section 259.67, subdivision 4, is amended to read:
Subd. 4. [ELIGIBILITY
CONDITIONS.] (a) The placing agency shall use the AFDC requirements as
specified in federal law as of July 16, 1996, when determining the child's
eligibility for adoption assistance under title IV-E of the Social Security
Act. If the child does not qualify, the
placing agency shall certify a child as eligible for state funded adoption
assistance only if the following criteria are met:
(1) Due to the child's characteristics or circumstances it
would be difficult to provide the child an adoptive home without adoption
assistance.
(2)(i) A placement agency has made reasonable efforts to place
the child for adoption without adoption assistance, but has been unsuccessful;
or
(ii) the child's licensed foster parents desire to adopt the
child and it is determined by the placing agency that the adoption is in the
best interest of the child.
(3) The child has been a ward of the commissioner or,
a Minnesota-licensed child-placing agency, or a tribal social service
agency of Minnesota recognized by the Secretary of the Interior.
(b) For purposes of this subdivision, the characteristics or
circumstances that may be considered in determining whether a child is a child
with special needs under United States Code, title 42, chapter 7, subchapter
IV, part E, or meets the requirements of paragraph (a), clause (1), are the
following:
(1) The child is a member of a sibling group to be placed as
one unit in which at least one sibling is older than 15 months of age or is
described in clause (2) or (3).
(2) The child has documented physical, mental, emotional, or
behavioral disabilities.
(3) The child has a high risk of developing physical, mental,
emotional, or behavioral disabilities.
(4) The child is adopted according to tribal law without a
termination of parental rights or relinquishment, provided that the
tribe has documented the valid reason why the child cannot or should not
be returned to the home of the child's parent.
(c) When a child's eligibility for adoption assistance is based
upon the high risk of developing physical, mental, emotional, or behavioral
disabilities, payments shall not be made under the adoption assistance
agreement unless and until the potential disability manifests itself as
documented by an appropriate health care professional.
Sec. 13. Minnesota
Statutes 2002, section 260C.141, subdivision 2, is amended to read:
Subd. 2. [REVIEW OF
FOSTER CARE STATUS.] The social services agency responsible for the placement
of a child in a residential facility, as defined in section 260C.212,
subdivision 1, pursuant to a voluntary release by the child's parent or parents
must proceed in juvenile court to review the foster care status of the child in
the manner provided in this section.
(a) Except for a child in placement due solely to the child's
developmental disability or emotional disturbance, when a child continues in
voluntary placement according to section 260C.212, subdivision 8, a petition
shall be filed alleging the child to be in need of protection or services or
seeking termination of parental rights or other permanent placement of the
child away from the parent within 90 days of the date of the voluntary
placement agreement. The petition shall
state the reasons why the child is in placement, the progress on the
out-of-home placement plan required under section 260C.212, subdivision 1, and
the statutory basis for the petition under section 260C.007, subdivision 6,
260C.201, subdivision 11, or 260C.301.
(1) In the case of a petition alleging the child to be in need
of protection or services filed under this paragraph, if all parties agree and
the court finds it is in the best interests of the child, the court may find
the petition states a prima facie case that:
(i) the child's needs are being met;
(ii) the placement of the child in foster care is in the best
interests of the child;
(iii) reasonable efforts to reunify the child and the parent or
guardian are being made; and
(iv) the child will be returned home in the next three months.
(2) If the court makes findings under paragraph (1), the court
shall approve the voluntary arrangement and continue the matter for up to three
more months to ensure the child returns to the parents' home. The responsible social services agency
shall:
(i) report to the court when the child returns home and the
progress made by the parent on the out-of-home placement plan required under
section 260C.212, in which case the court shall dismiss jurisdiction;
(ii) report to the court that the child has not returned home,
in which case the matter shall be returned to the court for further proceedings
under section 260C.163; or
(iii) if any party does not agree to continue the matter under
paragraph (1) and this paragraph, the matter shall proceed under section
260C.163.
(b) In the case of a child in voluntary placement due solely to
the child's developmental disability or emotional disturbance according to
section 260C.212, subdivision 9, the following procedures apply:
(1) [REPORT TO COURT.]
(i) Unless the county attorney determines that a petition under subdivision 1
is appropriate, without filing a petition, a written report shall be forwarded
to the court within 165 days of the date of the voluntary placement
agreement. The written report shall
contain necessary identifying information for the court to proceed, a copy of
the out-of-home placement plan required under section 260C.212, subdivision 1,
a written summary of the proceedings of any administrative review required
under section 260C.212, subdivision 7, and any other information the
responsible social services agency, parent or guardian, the child or the foster
parent or other residential facility wants the court to consider.
(ii) The responsible social services agency, where
appropriate, must advise the child, parent or guardian, the foster parent, or
representative of the residential facility of the requirements of this section
and of their right to submit information to the court. If the child, parent or guardian, foster
parent, or representative of the residential facility wants to send information
to the court, the responsible social services agency shall advise those persons
of the reporting date and the identifying information necessary for the court
administrator to accept the information and submit it to a judge with the
agency's report. The responsible social
services agency must also notify those persons that they have the right to be
heard in person by the court and how to exercise that right. The responsible social services agency must
also provide notice that an in-court hearing will not be held unless requested by
a parent or guardian, foster parent, or the child.
(iii) After receiving the required report, the court has
jurisdiction to make the following determinations and must do so within ten
days of receiving the forwarded report:
(A) whether or not the placement of the child is in the child's best
interests; and (B) whether the parent and agency are appropriately planning for
the child. Unless requested by a parent
or guardian, foster parent, or child, no in-court hearing need be held in order
for the court to make findings and issue an order under this paragraph.
(iv) If the court finds the placement is in the child's best
interests and that the agency and parent are appropriately planning for the
child, the court shall issue an order containing explicit, individualized
findings to support its determination.
The court shall send a copy of the order to the county attorney, the
responsible social services agency, the parent or guardian, the child, and the
foster parents. The court shall also
send the parent or guardian, the child, and the foster parent notice of the
required review under clause (2).
(v) If the court finds continuing the placement not to be in
the child's best interests or that the agency or the parent or guardian is not
appropriately planning for the child, the court shall notify the county
attorney, the responsible social services agency, the parent or guardian, the
foster parent, the child, and the county attorney of the court's determinations
and the basis for the court's determinations.
(2) [PERMANENCY REVIEW
BY PETITION.] If a child with a developmental disability or an emotional
disturbance continues in out-of-home placement for 13 months from the date of a
voluntary placement, a petition alleging the child to be in need of protection
or services, for termination of parental rights, or for permanent placement of
the child away from the parent under section 260C.201 shall be filed. The court shall conduct a permanency hearing
on the petition no later than 14 months after the date of the voluntary
placement. At the permanency hearing,
the court shall determine the need for an order permanently placing the child
away from the parent or determine whether there are compelling reasons that
continued voluntary placement is in the child's best interests. A petition alleging the child to be in need
of protection or services shall state the date of the voluntary placement
agreement, the nature of the child's developmental disability or emotional
disturbance, the plan for the ongoing care of the child, the parents'
participation in the plan, the responsible social services agency's
efforts to finalize a plan for the permanent placement of the child,
and the statutory basis for the petition.
(i) If a petition alleging the child to be in need of
protection or services is filed under this paragraph, the court may find, based
on the contents of the sworn petition, and the agreement of all parties,
including the child, where appropriate, that there are compelling reasons that
the voluntary arrangement is in the best interests of the child and that
the responsible social services agency has made reasonable efforts to
finalize a plan for the permanent placement of the child, approve
the continued voluntary placement, and continue the matter under the court's
jurisdiction for the purpose of reviewing the child's placement as a continued
voluntary arrangement every 12 months as long as the child continues in
out-of-home placement. The matter must
be returned to the court for further review every 12 months as long as the
child remains in placement. The court
shall give notice to the parent or guardian of the continued review
requirements under this section.
Nothing in this paragraph shall be construed to mean the court must
order permanent placement for the child under section 260C.201, subdivision 11,
as long as the court finds compelling reasons at the first review required
under this section.
(ii) If a petition for termination of
parental rights, for transfer of permanent legal and physical custody to a
relative, for long-term foster care, or for foster care for a specified period
of time is filed, the court must proceed under section 260C.201, subdivision
11.
(3) If any party, including the child, disagrees with the
voluntary arrangement, the court shall proceed under section 260C.163.
Sec. 14. Minnesota
Statutes 2002, section 626.559, subdivision 5, is amended to read:
Subd. 5. [REVENUE.] The
commissioner of human services shall add the following funds to the funds
appropriated under section 626.5591, subdivision 2, to develop and support
training:
(a) The commissioner of human services shall submit claims for
federal reimbursement earned through the activities and services supported
through department of human services child protection or child welfare training
funds. Federal revenue earned must be
used to improve and expand training services by the department. The department expenditures eligible for
federal reimbursement under this section must not be made from federal funds or
funds used to match other federal funds.
(b) Each year, the commissioner of human services shall
withhold from funds distributed to each county under Minnesota Rules, parts
9550.0300 to 9550.0370, an amount equivalent to 1.5 percent of each county's
annual title XX allocation under section 256E.07 256M.50. The commissioner must use these funds to
ensure decentralization of training.
(c) The federal revenue under this subdivision is available for
these purposes until the funds are expended.
Sec. 15. [TRANSITION TO
CHILDREN'S THERAPEUTIC SERVICES AND SUPPORTS.]
Beginning July 1, 2003, the commissioner shall use the provider
entity certification process under section 7 instead of the provider
certification process required under Minnesota Rules, parts 9505.0324;
9505.0326; and 9505.0327.
Sec. 16. [CONFLICTS.]
The amendments to Minnesota Statutes 2002, section 256F.10,
subdivision 6, in this article prevail over any conflicting law that
amends or repeals it regardless of the order or date of enactment.
Sec. 17. [REVISOR'S INSTRUCTION.]
For sections in Minnesota Statutes and Minnesota Rules affected
by the repealed sections in this article, the revisor shall delete
internal cross-references where appropriate and make changes necessary
to correct the punctuation, grammar, or structure of the remaining text
and preserve its meaning.
Sec. 18. [REPEALER.]
(a) Minnesota Statutes 2002, sections 256B.0945, subdivision
10; and 256F.10, subdivision 7, are repealed.
(b) Minnesota Statutes 2002, section 256B.0625, subdivisions
35 and 36, are repealed effective July 1, 2004.
(c) Minnesota Rules, parts 9505.0324; 9505.0326; and 9505.0327,
are repealed effective July 1, 2004.
ARTICLE
6
COMMUNITY
SERVICES ACT
Section 1. [256M.01]
[CITATION.]
Sections 256M.01 to 256M.80 may be cited as the
"Children and Community Services Act." This act establishes a fund to address
the needs of children, adolescents, and adults within each county in
accordance with a service plan entered into by the board of county
commissioners of each county in consultation with stakeholders. The service plan shall specify the outcomes
to be achieved, the general strategies to be employed, and the respective
state and county roles. The service
plan shall be reviewed and updated every two years, or sooner if both
the state and the county deem it necessary. Nothing in this act is intended to limit the ability of
counties to provide services to adults over age 25.
Sec. 2. [256M.10]
[DEFINITIONS.]
Subdivision 1.
[SCOPE.] For the purposes of sections 256M.01 to 256M.80, the
terms defined in this section have the meanings given them.
Subd. 2.
[CHILDREN AND COMMUNITY SERVICES.] (a) "Children and
community services" means services provided or arranged for by
county boards for children, adolescents and other individuals in
transition from childhood to adulthood, and adults who experience
dependency, abuse, neglect, poverty, disability, chronic health
conditions, or other factors, including ethnicity and race, that may
result in poor outcomes or disparities, as well as services for family
members to support those individuals. These services may be provided by
professionals or nonprofessionals, including the person's natural
supports in the community.
(b) Children and community services do not include services
under the public assistance programs known as the Minnesota family
investment program, Minnesota supplemental aid, medical assistance,
general assistance, general assistance medical care, MinnesotaCare, or
community health services.
Subd. 3.
[COMMISSIONER.] "Commissioner" means the commissioner
of human services.
Subd. 4. [COUNTY
BOARD.] "County board" means the board of county
commissioners in each county.
Subd. 5. [FORMER
CHILDREN'S SERVICES AND COMMUNITY SERVICE GRANTS.] "Former children's
services and community service grants" means allocations for the
following grants:
(1) community social service grants under sections 252.24,
256E.06, and 256E.14;
(2) family preservation grants under section 256F.05, subdivision
3;
(3) concurrent permanency planning grants under section 260C.213,
subdivision 5;
(4) social service block grants (Title XX) under section
256E.07; and
(5) children's mental health grants under sections 245.4886
and 260.152.
Subd. 6. [HUMAN
SERVICES BOARD.] "Human services board" means a board
established under section 402.02; Laws 1974, chapter 293; or Laws 1976,
chapter 340.
Sec. 3. [256M.20] [DUTIES OF COMMISSIONER OF HUMAN SERVICES.]
Subdivision 1.
[GENERAL SUPERVISION.] Each year the commissioner shall
allocate funds to each county according to section 256M.40 and service
plans under section 256M.30. The funds
shall be used to address the needs of children, adolescents, and
adults. The commissioner, in
consultation with counties, shall provide technical assistance and
evaluate county performance in achieving outcomes.
Subd. 2.
[ADDITIONAL DUTIES.] The commissioner shall:
(1) provide necessary information and assistance to each
county for establishing baselines and desired improvements on safety,
permanency, and well-being for children, adolescents, and adults;
(2) provide training, technical assistance, and other supports
to each county board to assist in needs assessment, planning,
implementation, and monitoring of outcomes and service quality;
(3) specify requirements for reports, including fiscal reports
to account for funds distributed;
(4) request waivers from federal programs as necessary to
implement this act; and
(5) have authority under sections 14.055 and 14.056 to grant
a variance to existing state rules as needed to eliminate barriers to
achieving desired outcomes.
Subd. 3.
[SANCTIONS.] The commissioner shall establish and maintain a
monitoring program designed to reduce the possibility of noncompliance
with federal laws and federal regulations that may result in federal
fiscal sanctions. If a county is not
complying with federal law or federal regulation and the noncompliance
may result in federal fiscal sanctions, the commissioner may withhold a
portion of the county's share of state and federal funds for that
program. The amount withheld must
be equal to the percentage difference between the level of compliance
maintained by the county and the level of compliance required by the
federal regulations, multiplied by the county's share of state and
federal funds for the program. The
state and federal funds may be withheld until the county is found to be
in compliance with all federal laws or federal regulations applicable
to the program. If a county remains out
of compliance for more than six consecutive months, the commissioner
may reallocate the withheld funds to counties that are in compliance
with the federal regulations.
Subd. 4.
[CORRECTIVE ACTION PROCEDURE.] The commissioner must comply
with the following procedures when reducing county funds under
subdivision 3.
(a) The commissioner shall notify the county, by certified
mail, of the statute, rule, federal law, or federal regulation with
which the county has not complied.
(b) The commissioner shall give the county 30 days to demonstrate
to the commissioner that the county is in compliance with the statute,
rule, federal law, or federal regulation cited in the notice or to
develop a corrective action plan to address the problem. Upon request from the county, the
commissioner shall provide technical assistance to the county in
developing a corrective action plan.
The county shall have 30 days from the date the technical
assistance is provided to develop the corrective action plan.
(c) The commissioner shall take no further action if the
county demonstrates compliance with the statute, rule, federal law,
or federal regulation cited in the notice.
(d) The commissioner shall review and approve or disapprove
the corrective action plan within 30 days after the commissioner receives
the corrective action plan.
(e) If the commissioner approves
the corrective action plan submitted by the county, the county has 90
days after the date of approval to implement the corrective action plan.
(f) If the county fails to demonstrate compliance or fails
to implement the corrective action plan approved by the commissioner,
the commissioner may reduce the county's share of state or federal funds
according to subdivision 3.
Sec. 4. [256M.30]
[SERVICE PLAN.]
Subdivision 1.
[SERVICE PLAN SUBMITTED TO COMMISSIONER.] Effective January 1, 2004,
and each two-year period thereafter, each county must have a biennial
service plan submitted to the commissioner in order to receive
funds. Counties may submit multicounty
or regional service plans.
Subd. 2.
[CONTENTS.] The service plan shall be completed in a form
prescribed by the commissioner. The
plan must include:
(1) a statement of the needs of the children, adolescents,
and adults who experience the conditions defined in section 256M.10,
subdivision 2, paragraph (a), and strengths and resources available in
the community to address those needs;
(2) strategies the county will pursue to achieve the performance
targets. Strategies must include
specification of how funds under this section and other community
resources will be used to achieve desired performance targets; and
(3) description of the county's process to solicit public
input and a summary of that input.
Subd. 3.
[INFORMATION.] The commissioner shall provide each county with
information and technical assistance needed to complete the service
plan, including: information on child
safety, permanency, and well-being in the county; comparisons with
other counties; baseline performance on outcome measures; and promising
program practices.
Subd. 4.
[TIMELINES.] The preliminary service plan must be submitted to
the commissioner by October 15, 2003, and October 15 of every two years
thereafter.
Subd. 5. [PUBLIC
COMMENT.] The county board must determine how citizens in the county
will participate in the development of the service plan and provide
opportunities for such participation.
The county must allow a period of no less than 30 days prior to
the submission of the plan to the commissioner to solicit comments from
the public on the contents of the plan.
Sec. 5. [256M.40]
[STATE CHILDREN AND COMMUNITY SERVICES GRANT ALLOCATION.]
Subdivision 1.
[FORMULA.] The commissioner shall allocate state funds
appropriated for children and community services grants to each county
board on a calendar year basis in an amount determined according to the
formula in paragraphs (a) to (c).
(a) For July 1, 2003, through December 31, 2003, the commissioner
shall allocate funds to each county equal to that county's allocation
for the grants under section 256M.10, subdivision 5, for calendar year
2003 less payments made on or before June 30, 2003.
(b) For calendar year 2004 and 2005, the commissioner shall
allocate available funds to each county in proportion to that county's
share of the calendar year 2003 allocations for the grants under section
256M.10, subdivision 5.
(c) For calendar year 2006 and each calendar year thereafter,
the commissioner shall allocate available funds to each county in
proportion to that county's share in the preceding calendar year.
Subd. 2.
[PROJECT OF REGIONAL SIGNIFICANCE; STUDY.] The commissioner
shall study whether and how to dedicate a portion of the allocated funds
for projects of regional significance. The study shall include an
analysis of the amount of annual funding to be dedicated for projects of
regional significance and what efforts these projects must support. The commissioner shall submit a
report to the chairs of the house and senate committees with
jurisdiction over children and community services grants by January 15,
2005. The commissioner of finance,
in preparing the proposed biennial budget for fiscal years 2006 and
2007, is instructed to include $25 million in funding for projects of
regional significance under this chapter.
Subd. 3.
[PAYMENTS.] Calendar year allocations under subdivision 1
shall be paid to counties on or before July 10 of each year.
Sec. 6. [256M.50]
[FEDERAL CHILDREN AND COMMUNITY SERVICES GRANT ALLOCATION.]
In federal fiscal year 2004 and subsequent years, money for
social services received from the federal government to reimburse
counties for social service expenditures according to Title XX of the
Social Security Act shall be allocated to each county according to
section 256M.40, except for funds allocated for administrative purposes
and migrant day care.
Sec. 7. [256M.60]
[DUTIES OF COUNTY BOARDS.]
Subdivision 1.
[RESPONSIBILITIES.] The county board of each county shall be
responsible for administration and funding of children and community
services as defined in section 256M.10, subdivisions 1 and 2. Each county board shall singly or in
combination with other county boards use funds available to the county
under this act to carry out these responsibilities. The county board
shall coordinate and facilitate the effective use of formal and informal
helping systems to best support and nurture children, adolescents, and
adults within the county who experience dependency, abuse, neglect,
poverty, disability, chronic health conditions, or other factors,
including ethnicity and race, that may result in poor outcomes or
disparities, as well as services for family members to support such individuals. This includes assisting individuals to
function at the highest level of ability while maintaining family and
community relationships to the greatest extent possible.
Subd. 2. [DAY
TRAINING AND HABILITATION SERVICES; ALTERNATIVE HABILITATION SERVICES.] To
the extent provided in the county service plan under section 256M.30,
the county board of each county shall be responsible for providing day
training and habilitation services or alternative habilitation services
during the day for persons with developmental disabilities to the
extent this is required by the person's individualized service plan.
Subd. 3.
[REPORTS.] The county board shall provide necessary reports
and data as required by the commissioner.
Subd. 4.
[CONTRACTS FOR SERVICES.] The county board may contract with a
human services board, a multicounty board established by a joint powers
agreement, other political subdivisions, a children's mental health
collaborative, a family services collaborative, or private organizations
in discharging its duties.
Subd. 5.
[EXEMPTION FROM LIABILITY.] The state of Minnesota, the county
boards, or the agencies acting on behalf of the county boards in the
implementation and administration of children and community services
shall not be liable for damages, injuries, or liabilities sustained
through the purchase of services by the individual, the individual's
family, or the authorized representative under this section.
Subd. 6.
[FEES FOR SERVICES.] The county board may establish a schedule
of fees based upon clients' ability to pay to be charged to recipients
of community social services. Payment, in whole or in part, for services
may be accepted from any person except that no fee may be charged to
persons or families whose adjusted gross household income is below the
federal poverty level. When services
are provided to any person, including a recipient of aids administered
by the federal, state, or county government, payment of any charges due
may be billed to and accepted from a public assistance agency or from
any public or private corporation.
Sec. 8. [256M.70]
[FISCAL LIMITATIONS.]
Subdivision 1.
[DEMONSTRATION OF REASONABLE EFFORT.] The county shall make
reasonable efforts to comply with all children and community services
requirements. For the purposes of this
section, a county is making reasonable efforts if the county has made
efforts to comply with requirements within the limits of available
funding, including efforts to identify and apply for commonly available
state and federal funding for services.
Subd. 2.
[IDENTIFICATION OF SERVICES TO BE PROVIDED.] If a county has
made reasonable efforts to provide services according to the service
plan under section 256M.30, but funds appropriated for purposes of
sections 256M.01 to 256M.80 are insufficient, then the county may limit
services according to the following criteria:
(1) whether the services are needed to protect individuals
from maltreatment, abuse, and neglect;
(2) whether emergency and crisis services are needed to protect
clients from physical, emotional, or psychological harm;
(3) the need for assessment of persons applying for services
and referral to appropriate services when necessary;
(4) whether there is a need for public guardianship services;
(5) the need for case management for persons with developmental
disabilities, children with serious emotional disturbances, and adults
with serious and persistent mental illness;
(6) the need for day training and habilitation services or
alternative habilitative services during the day for adults with developmental
disabilities based on the individualized service plan;
(7) whether there is a need to fulfill licensing responsibilities
delegated to the county by the commissioner under section 245A.16; and
(8) whether subacute detoxification services are needed.
Subd. 3. [DENIAL,
REDUCTION, OR TERMINATION OF SERVICES DUE TO FISCAL LIMITATIONS.] Before a
county denies, reduces, or terminates services to an individual due to
fiscal limitations, the county must meet the requirements in this
section. The county must notify
the individual and the individual's guardian in writing of the reason
for the denial, reduction, or termination of services and must inform
the individual and the individual's guardian in writing that the county
will, upon request, meet to discuss alternatives before services are
terminated or reduced. No reduction
in services for an individual may be greater than twice the amount of
the county average reduction.
Subd. 4. [RIGHT
TO PETITION FOR REVIEW.] Any individual who applies for or receives
children and community services under this chapter, whose application is
denied, or whose services are reduced or terminated may petition the
commissioner to review the county's performance under the county service
plan. The petition must be in
writing and must be specific as to what action the individual believes
is inconsistent with the county service plan, and what action the
individual believes should be required.
Upon receiving a petition, the commissioner shall have 60 days in which to make a
reply in writing as to its determination and any corrective action
required. Notwithstanding any state law to the contrary, and subject to
provisions of federal law, during this time period, the denial of
eligibility or reduction or termination of services shall take effect,
unless it is determined this would endanger the life or safety of the
individual.
Sec. 9. [256M.80]
[PROGRAM EVALUATION.]
Subdivision 1.
[COUNTY EVALUATION.] Each county shall submit to the
commissioner data from the past calendar year on the outcomes in the
service plan. The commissioner shall
prescribe standard methods to be used by the counties in providing
the data. The data shall be submitted
no later than March 1 of each year, beginning with March 1, 2005.
Subd. 2.
[STATEWIDE EVALUATION.] Six months after the end of the first
full calendar year and annually thereafter, the commissioner shall
prepare a report on the counties' progress in improving the outcomes of
children, adolescents, and adults related to safety, permanency, and well-being. This report shall be disseminated
throughout the state.
Sec. 10. [256M.90]
[GRANTS AND PURCHASE OF SERVICE CONTRACTS.]
Subdivision 1.
[AUTHORITY.] The local agency may purchase community social
services by grant or purchase of service contract from agencies or
individuals approved as vendors.
Subd. 2. [DUTIES
OF LOCAL AGENCY.] The local agency must:
(1) use a written grant or purchase of service contract when
purchasing community social services.
Every grant and purchase of service contract must be completed,
signed, and approved by all parties to the agreement, including the
county board, unless the county board has designated the local agency
to sign on its behalf. No service
shall be provided before the effective date of the grant or purchase of
service contract;
(2) determine a client's eligibility for purchased services,
or delegate the responsibility for making the preliminary determination
to the approved vendor under the terms of the grant or purchase of
service contract;
(3) ensure the development of an individual social service
plan based on the client's needs;
(4) monitor purchased services and evaluate grants and contracts
on the basis of client outcomes; and
(5) purchase only from approved vendors.
Subd. 3. [LOCAL
AGENCY CRITERIA.] When the local agency chooses to purchase community
social services from a vendor that is not subject to state licensing
laws or department rules, the local agency must establish written
criteria for vendor approval to ensure the health, safety, and well
being of clients.
Subd. 4. [CASE
RECORDS AND REPORTING REQUIREMENTS.] Case records and data reporting
requirements for grants and purchased services are the same as case
record and data reporting requirements for direct services.
Subd. 5.
[FILES.] The local agency must keep an administrative file for
each grant and contract.
Subd. 6.
[CONTRACTING WITHIN AND ACROSS COUNTY LINES; LEAD COUNTY CONTRACTS.] Paragraphs
(a) to (e) govern contracting within and across county lines and lead
county contracts.
(a) Once a local agency and an approved vendor execute a
contract that meets the requirements of this subdivision, the contract
governs all other purchases of service from the vendor by all other
local agencies for the term of the contract.
The local agency that negotiated and entered into the contract
becomes the lead county for the contract.
(b) When the local agency in the county where a vendor is
located wants to purchase services from that vendor and the vendor
has no contract with the local agency or any other county, the local
agency must negotiate and execute a contract with the vendor.
(c) When a local agency in one county wants to purchase services
from a vendor located in another county, it must notify the local agency
in the county where the vendor is located. Within 30 days of being
notified, the local agency in the vendor's county must:
(1) if it has a contract with the vendor, send a copy to
the inquiring agency;
(2) if there is a contract with the vendor for which another
local agency is the lead county, identify the lead county to the
inquiring agency; or
(3) if no local agency has a contract with the vendor, inform
the inquiring agency whether it will negotiate a contract and become the
lead county. If the agency where the
vendor is located will not negotiate a contract with the vendor because
of concerns related to clients' health and safety, the agency must share
those concerns with the inquiring agency.
(d) If the local agency in the county where the vendor is
located declines to negotiate a contract with the vendor or fails to
respond within 30 days of receiving the notification under paragraph
(c), the inquiring agency is authorized to negotiate a contract and must
notify the local agency that declined or failed to respond.
(e) When the inquiring county under paragraph (d) becomes
the lead county for a contract and the contract expires and needs to
be renegotiated, that county must again follow the requirements under
paragraph (c) and notify the local agency where the vendor is
located. The local agency where the
vendor is located has the option of becoming the lead county for the
new contract. If the local agency
does not exercise the option, paragraph (d) applies.
(f) This subdivision does not affect the requirement to seek
county concurrence under section 256B.092, subdivision 8a, when the
services are to be purchased for a person with mental retardation or a
related condition or under section 245.4711, subdivision 3, when the services
to be purchased are for an adult with serious and persistent mental
illness.
Subd. 7.
[CONTRACTS WITH COMMUNITY MENTAL HEALTH BOARDS.] A local agency
within the geographic area served by a community mental health board
authorized by sections 245.61 to 245.69, may contract directly with the
community mental health board.
However, if a local agency outside of the geographic area served
by a community mental health board wishes to purchase services from the
board, the local agency must follow the requirements under subdivision
6.
Subd. 8.
[PLACEMENT AGREEMENTS.] A placement agreement must be used for
residential services. Placement
agreements are valid when signed by authorized representatives of the
facility and the county of financial responsibility. If the county of financial
responsibility and the county where the approved vendor is located are
not the same, the county of financial responsibility must, if requested,
mail a copy of the placement agreement to the county where the approved
vendor is providing the service and to the lead county within ten
calendar days after the date on which the placement agreement is
signed. The placement agreement
must specify that the service will be provided in accordance with the
individual service plan as required and must specify the unit cost, the
date of placement, and the date for the review of the placement. A placement agreement may also be
used for nonresidential services.
Sec. 11. [REVISOR'S
INSTRUCTION.]
For sections in Minnesota Statutes and Minnesota Rules affected
by the repealed sections in this article, the revisor shall delete
internal cross-references where appropriate and make changes necessary
to correct the punctuation, grammar, or structure of the remaining text
and preserve its meaning.
Sec. 12. [REPEALER.]
(a) Minnesota Statutes 2002, sections 245.478; 245.4886;
245.4888; 245.496; 254A.17; 256B.0945, subdivisions 6, 7, 8, 9, and
10; 256B.83; 256E.01; 256E.02; 256E.03; 256E.04; 256E.05; 256E.06;
256E.07; 256E.08; 256E.081; 256E.09; 256E.10; 256E.11; 256E.115;
256E.13; 256E.14; 256E.15; 256F.01; 256F.02; 256F.03; 256F.04; 256F.05;
256F.06; 256F.07; 256F.08; 256F.11; 256F.12; 256F.14; 257.075; 257.81;
260.152; and 626.562, are repealed.
(b) Minnesota Rules, parts 9550.0010; 9550.0020; 9550.0030;
9550.0040; 9550.0050; 9550.0060; 9550.0070; 9550.0080; 9550.0090;
9550.0091; 9550.0092; and 9550.0093, are repealed.
ARTICLE
7
HUMAN
SERVICES LICENSING, COUNTY INITIATIVES,
AND MISCELLANEOUS
Section 1. Minnesota
Statutes 2002, section 69.021, subdivision 11, is amended to read:
Subd. 11. [EXCESS
POLICE STATE-AID HOLDING ACCOUNT.] (a) The excess police state-aid holding
account is established in the general fund.
The excess police state-aid holding account must be administered by the
commissioner.
(b) Excess police state aid determined according to subdivision
10, must be deposited in the excess police state-aid holding account.
(c) From the balance in the excess police state-aid holding
account, $1,000,000 $900,000 is appropriated to and must be
transferred annually to the ambulance service personnel longevity award and
incentive suspense account established by section 144E.42, subdivision 2.
(d) If a police officer stress reduction program is created by
law and money is appropriated for that program, an amount equal to that
appropriation must be transferred from the balance in the excess police
state-aid holding account.
(e) On October 1, 1997, and annually on each subsequent October
1, one-half of the balance of the excess police state-aid holding account
remaining after the deductions under paragraphs (c) and (d) is appropriated for
additional amortization aid under section 423A.02, subdivision 1b.
(f) Annually, the remaining balance in the excess police state-aid
holding account, after the deductions under paragraphs (c), (d), and (e),
cancels to the general fund.
Sec. 2. Minnesota
Statutes 2002, section 124D.23, subdivision 2, is amended to read:
Subd. 2. [DUTIES.] (a)
Each collaborative must:
(1) establish, with assistance from families and service
providers, clear goals for addressing the health, developmental, educational,
and family-related needs of children and youth and use outcome-based indicators
to measure progress toward achieving those goals;
(2) establish a comprehensive planning
process that involves all sectors of the community, identifies local needs, and
surveys existing local programs;
(3) integrate service funding sources so that children and
their families obtain services from providers best able to anticipate and meet
their needs;
(4) coordinate families' services to avoid duplicative and
overlapping assessment and intake procedures;
(5) focus primarily on family-centered services;
(6) encourage parents and volunteers to actively participate by
using flexible scheduling and actively recruiting volunteers;
(7) provide services in locations that are readily accessible
to children and families;
(8) use new or reallocated funds to improve or
enhance provide services provided to children and their
families;
(9) identify federal, state, and local institutional barriers
to coordinating services and suggest ways to remove these barriers; and
(10) design and implement an integrated local service delivery
system for children and their families that coordinates services across
agencies and is client centered. The
delivery system shall provide a continuum of services for children birth to age
18, or birth through age 21 for individuals with disabilities. The collaborative shall describe the
community plan for serving pregnant women and children from birth to age six.
(b) The outcome-based indicators developed in paragraph (a),
clause (1), may include the number of low birth weight babies, the infant
mortality rate, the number of children who are adequately immunized and
healthy, require out-of-home placement or long-term special education services,
and the number of minor parents.
Sec. 3. Minnesota
Statutes 2002, section 245.4932, subdivision 1, is amended to read:
Subdivision 1.
[COLLABORATIVE RESPONSIBILITIES.] The children's mental health
collaborative shall have the following authority and responsibilities regarding
federal revenue enhancement:
(1) the collaborative must establish an integrated fund;
(2) the collaborative shall designate a lead county or other
qualified entity as the fiscal agency for reporting, claiming, and receiving
payments;
(3) the collaborative or lead county may enter into
subcontracts with other counties, school districts, special education
cooperatives, municipalities, and other public and nonprofit entities for
purposes of identifying and claiming eligible expenditures to enhance federal
reimbursement;
(4) the collaborative shall use any enhanced revenue
attributable to the activities of the collaborative, including administrative
and service revenue, solely to provide mental health services or to
expand the operational target population. The lead county or other qualified
entity may not use enhanced federal revenue for any other purpose;
(5) the members of the collaborative must continue the base
level of expenditures, as defined in section 245.492, subdivision 2, for
services for children with emotional or behavioral disturbances and their
families from any state, county, federal, or other public or private funding
source which, in the absence of the new federal reimbursement earned under
sections 245.491 to 245.496, would have been available for those services. The base year for purposes of this
subdivision shall be the accounting period closest to state fiscal year 1993;
(6) the collaborative or lead
county must develop and maintain an accounting and financial management system
adequate to support all claims for federal reimbursement, including a clear
audit trail and any provisions specified in the contract with the commissioner
of human services;
(7) (6) the collaborative or its members may
elect to pay the nonfederal share of the medical assistance costs for services
designated by the collaborative; and
(8) (7) the lead county or other qualified entity
may not use federal funds or local funds designated as matching for other
federal funds to provide the nonfederal share of medical assistance.
Sec. 4. Minnesota
Statutes 2002, section 245A.035, subdivision 3, is amended to read:
Subd. 3. [REQUIREMENTS
FOR EMERGENCY LICENSE.] Before an emergency license may be issued, the
following requirements must be met:
(1) the county agency must conduct an initial inspection of the
premises where the foster care is to be provided to ensure the health and
safety of any child placed in the home.
The county agency shall conduct the inspection using a form developed by
the commissioner;
(2) at the time of the inspection or placement, whichever is
earlier, the relative being considered for an emergency license shall receive
an application form for a child foster care license;
(3) whenever possible, prior to placing the child in the
relative's home, the relative being considered for an emergency license shall provide
the information required by section 245A.04, subdivision 3, paragraph (b)
(k); and
(4) if the county determines, prior to the issuance of an
emergency license, that anyone requiring a background study may be disqualified
under section 245A.04, and the disqualification is one which the commissioner
cannot set aside, an emergency license shall not be issued.
Sec. 5. Minnesota
Statutes 2002, section 245A.04, subdivision 3, is amended to read:
Subd. 3. [BACKGROUND
STUDY OF THE APPLICANT; DEFINITIONS.] (a) Individuals and organizations that
are required in statute to initiate background studies under this section shall
comply with the following requirements:
(1) Applicants for licensure, license holders, and other
entities as provided in this section must submit completed background study
forms to the commissioner before individuals specified in paragraph (c),
clauses (1) to (4), (6), and (7), begin positions allowing direct contact in
any licensed program.
(2) Applicants and license holders under the jurisdiction of
other state agencies who are required in other statutory sections to initiate
background studies under this section must submit completed background study
forms to the commissioner prior to the background study subject beginning in a
position allowing direct contact in the licensed program, or where applicable,
prior to being employed.
(3) Organizations required to initiate background studies under
section 256B.0627 for individuals described in paragraph (c), clause (5), must
submit a completed background study form to the commissioner before those
individuals begin a position allowing direct contact with persons served by the
organization. The commissioner shall
recover the cost of these background studies through a fee of no more than $12
per study charged to the organization responsible for submitting the background
study form. The fees collected under
this paragraph are appropriated to the commissioner for the purpose of
conducting background studies.
Upon receipt of the background study
forms from the entities in clauses (1) to (3), the commissioner shall complete
the background study as specified under this section and provide notices
required in subdivision 3a. Unless
otherwise specified, the subject of a background study may have direct contact
with persons served by a program after the background study form is mailed or
submitted to the commissioner pending notification of the study results under
subdivision 3a. A county agency may
accept a background study completed by the commissioner under this section in
place of the background study required under section 245A.16, subdivision 3, in
programs with joint licensure as home and community-based services and adult
foster care for people with developmental disabilities when the license holder
does not reside in the foster care residence and the subject of the study has
been continuously affiliated with the license holder since the date of the
commissioner's study.
(b) The definitions in this paragraph apply only to subdivisions
3 to 3e.
(1) "Background study" means the review of records
conducted by the commissioner to determine whether a subject is disqualified
from direct contact with persons served by a program, and where specifically
provided in statutes, whether a subject is disqualified from having access to
persons served by a program.
(2) "Continuous, direct supervision" means an
individual is within sight or hearing of the supervising person to the extent
that supervising person is capable at all times of intervening to protect the
health and safety of the persons served by the program.
(3) "Contractor" means any person, regardless of
employer, who is providing program services for hire under the control of the
provider.
(4) "Direct contact" means providing face-to-face
care, training, supervision, counseling, consultation, or medication assistance
to persons served by the program.
(5) "Reasonable cause" means information or
circumstances exist which provide the commissioner with articulable suspicion
that further pertinent information may exist concerning a subject. The commissioner has reasonable cause when,
but not limited to, the commissioner has received a report from the subject,
the license holder, or a third party indicating that the subject has a history
that would disqualify the person or that may pose a risk to the health or
safety of persons receiving services.
(6) "Subject of a background study" means an
individual on whom a background study is required or completed.
(c) The applicant, license holder, registrant under section
144A.71, subdivision 1, bureau of criminal apprehension, commissioner of
health, and county agencies, after written notice to the individual who is the
subject of the study, shall help with the study by giving the commissioner
criminal conviction data and reports about the maltreatment of adults
substantiated under section 626.557 and the maltreatment of minors in licensed
programs substantiated under section 626.556.
If a background study is initiated by an applicant or license holder and
the applicant or license holder receives information about the possible
criminal or maltreatment history of an individual who is the subject of the
background study, the applicant or license holder must immediately provide the
information to the commissioner. The
individuals to be studied shall include:
(1) the applicant;
(2) persons age 13 and over living in the household where the
licensed program will be provided;
(3) current employees or contractors of the applicant who will
have direct contact with persons served by the facility, agency, or program;
(4) volunteers or student volunteers
who have direct contact with persons served by the program to provide program
services, if the contact is not under the continuous, direct supervision by an
individual listed in clause (1) or (3);
(5) any person required under section 256B.0627 to have a
background study completed under this section;
(6) persons ages 10 to 12 living in the household where the
licensed services will be provided when the commissioner has reasonable cause;
and
(7) persons who, without providing direct contact services at a
licensed program, may have unsupervised access to children or vulnerable adults
receiving services from the program licensed to provide family child care for
children, foster care for children in the provider's own home, or foster care
or day care services for adults in the provider's own home when the
commissioner has reasonable cause.
(d) According to paragraph (c), clauses (2) and (6), the
commissioner shall review records from the juvenile courts. For persons under paragraph (c), clauses
(1), (3), (4), (5), and (7), who are ages 13 to 17, the commissioner shall
review records from the juvenile courts when the commissioner has reasonable
cause. The juvenile courts shall help
with the study by giving the commissioner existing juvenile court records on
individuals described in paragraph (c), clauses (2), (6), and (7), relating to
delinquency proceedings held within either the five years immediately preceding
the background study or the five years immediately preceding the individual's
18th birthday, whichever time period is longer. The commissioner shall destroy juvenile records obtained pursuant
to this subdivision when the subject of the records reaches age 23.
(e) Beginning August 1, 2001, the commissioner shall conduct
all background studies required under this chapter and initiated by
supplemental nursing services agencies registered under section 144A.71, subdivision
1. Studies for the agencies must be
initiated annually by each agency. The
commissioner shall conduct the background studies according to this chapter.
The commissioner shall recover the cost of the background studies through a fee
of no more than $8 per study, charged to the supplemental nursing services
agency. The fees collected under this
paragraph are appropriated to the commissioner for the purpose of conducting
background studies.
(f) For purposes of this section, a finding that a delinquency
petition is proven in juvenile court shall be considered a conviction in state
district court.
(g) A study of an individual in paragraph (c), clauses (1) to
(7), shall be conducted at least upon application for initial license for all
license types or registration under section 144A.71, subdivision 1, and at
reapplication for a license for family child care, child foster care, and adult
foster care. The commissioner is not required to conduct a study of an
individual at the time of reapplication for a license or if the individual has
been continuously affiliated with a foster care provider licensed by the
commissioner of human services and registered under chapter 144D, other than a
family day care or foster care license, if:
(i) a study of the individual was conducted either at the time of
initial licensure or when the individual became affiliated with the license
holder; (ii) the individual has been continuously affiliated with the license
holder since the last study was conducted; and (iii) the procedure described in
paragraph (j) has been implemented and was in effect continuously since the
last study was conducted. For the purposes of this section, a physician
licensed under chapter 147 is considered to be continuously affiliated upon the
license holder's receipt from the commissioner of health or human services of
the physician's background study results.
For individuals who are required to have background studies under
paragraph (c) and who have been continuously affiliated with a foster care provider
that is licensed in more than one county, criminal conviction data may be
shared among those counties in which the foster care programs are
licensed. A county agency's receipt of
criminal conviction data from another county agency shall meet the criminal
data background study requirements of this section.
(h) The commissioner may also conduct studies on
individuals specified in paragraph (c), clauses (3) and (4), when the studies
are initiated by:
(i) personnel pool agencies;
(ii) temporary personnel agencies;
(iii) educational programs that train persons by providing
direct contact services in licensed programs; and
(iv) professional services agencies that are not licensed and
which contract with licensed programs to provide direct contact services or
individuals who provide direct contact services.
(i) Studies on individuals in paragraph (h), items (i) to (iv),
must be initiated annually by these agencies, programs, and individuals. Except as provided in paragraph (a), clause
(3), no applicant, license holder, or individual who is the subject of the
study shall pay any fees required to conduct the study.
(1) At the option of the licensed facility, rather than
initiating another background study on an individual required to be studied who
has indicated to the licensed facility that a background study by the
commissioner was previously completed, the facility may make a request to the
commissioner for documentation of the individual's background study status,
provided that:
(i) the facility makes this request using a form provided by
the commissioner;
(ii) in making the request the facility informs the
commissioner that either:
(A) the individual has been continuously affiliated with a
licensed facility since the individual's previous background study was
completed, or since October 1, 1995, whichever is shorter; or
(B) the individual is affiliated only with a personnel pool
agency, a temporary personnel agency, an educational program that trains
persons by providing direct contact services in licensed programs, or a
professional services agency that is not licensed and which contracts with
licensed programs to provide direct contact services or individuals who provide
direct contact services; and
(iii) the facility provides notices to the individual as
required in paragraphs (a) to (j), and that the facility is requesting written
notification of the individual's background study status from the commissioner.
(2) The commissioner shall respond to each request under paragraph
(1) with a written or electronic notice to the facility and the study
subject. If the commissioner determines
that a background study is necessary, the study shall be completed without
further request from a licensed agency or notifications to the study subject.
(3) When a background study is being initiated by a licensed
facility or a foster care provider that is also registered under chapter 144D,
a study subject affiliated with multiple licensed facilities may attach to the
background study form a cover letter indicating the additional facilities'
names, addresses, and background study identification numbers. When the commissioner receives such notices,
each facility identified by the background study subject shall be notified of
the study results. The background study
notice sent to the subsequent agencies shall satisfy those facilities'
responsibilities for initiating a background study on that individual.
(j) If an individual who is affiliated with a program or
facility regulated by the department of human services or department of health
or who is affiliated with any type of home care agency or provider of personal
care assistance services, is convicted of a crime constituting a
disqualification under subdivision 3d, the probation officer or corrections
agent shall notify the commissioner of the conviction. For the purpose of this paragraph,
"conviction" has the meaning given it in
section 609.02, subdivision 5. The
commissioner, in consultation with the commissioner of corrections, shall
develop forms and information necessary to implement this paragraph and shall
provide the forms and information to the commissioner of corrections for
distribution to local probation officers and corrections agents. The commissioner shall inform individuals
subject to a background study that criminal convictions for disqualifying
crimes will be reported to the commissioner by the corrections system. A probation officer, corrections agent, or
corrections agency is not civilly or criminally liable for disclosing or
failing to disclose the information required by this paragraph. Upon receipt of disqualifying information,
the commissioner shall provide the notifications required in subdivision 3a, as
appropriate to agencies on record as having initiated a background study or
making a request for documentation of the background study status of the
individual. This paragraph does not apply to family day care and child foster
care programs.
(k) The individual who is the subject of the study must provide
the applicant or license holder with sufficient information to ensure an
accurate study including the individual's first, middle, and last name and all
other names by which the individual has been known; home address, city, county,
and state of residence for the past five years; zip code; sex; date of birth;
and driver's license number or state identification number. The applicant or license holder shall
provide this information about an individual in paragraph (c), clauses (1) to
(7), on forms prescribed by the commissioner.
By January 1, 2000, for background studies conducted by the department
of human services, the commissioner shall implement a system for the electronic
transmission of: (1) background study
information to the commissioner; and (2) background study results to the
license holder. The commissioner may
request additional information of the individual, which shall be optional for
the individual to provide, such as the individual's social security number or
race.
(l) For programs directly licensed by the commissioner, a study
must include information related to names of substantiated perpetrators of
maltreatment of vulnerable adults that has been received by the commissioner as
required under section 626.557, subdivision 9c, paragraph (i), and the
commissioner's records relating to the maltreatment of minors in licensed
programs, information from juvenile courts as required in paragraph (c) for
persons listed in paragraph (c), clauses (2), (6), and (7), and information
from the bureau of criminal apprehension.
For child foster care, adult foster care, and family day care homes, the
study must include information from the county agency's record of substantiated
maltreatment of adults, and the maltreatment of minors, information from
juvenile courts as required in paragraph (c) for persons listed in paragraph
(c), clauses (2), (6), and (7), and information from the bureau of criminal
apprehension. The commissioner may also
review arrest and investigative information from the bureau of criminal
apprehension, the commissioner of health, a county attorney, county sheriff,
county agency, local chief of police, other states, the courts, or the Federal
Bureau of Investigation if the commissioner has reasonable cause to believe the
information is pertinent to the disqualification of an individual listed in
paragraph (c), clauses (1) to (7). The
commissioner is not required to conduct more than one review of a subject's
records from the Federal Bureau of Investigation if a review of the subject's
criminal history with the Federal Bureau of Investigation has already been
completed by the commissioner and there has been no break in the subject's
affiliation with the license holder who initiated the background study.
(m) For any background study completed under this section,
when the commissioner has reasonable cause to believe that further pertinent
information may exist on the subject, the subject shall provide a set of
classifiable fingerprints obtained from an authorized law enforcement agency. For purposes of requiring fingerprints, the
commissioner shall be considered to have reasonable cause under, but not
limited to, the following circumstances:
(1) information from the bureau of criminal apprehension
indicates that the subject is a multistate offender;
(2) information from the bureau of criminal apprehension
indicates that multistate offender status is undetermined; or
(3) the commissioner has received a report from the subject or
a third party indicating that the subject has a criminal history in a
jurisdiction other than Minnesota.
(n) The failure or refusal of an applicant, license holder,
or registrant under section 144A.71, subdivision 1, to cooperate with the
commissioner is reasonable cause to disqualify a subject, deny a license
application or immediately suspend, suspend, or revoke a license or
registration. Failure or refusal of an
individual to cooperate with the study is just cause for denying or terminating
employment of the individual if the individual's failure or refusal to
cooperate could cause the applicant's application to be denied or the license
holder's license to be immediately suspended, suspended, or revoked.
(o) The commissioner shall not consider an application to be
complete until all of the information required to be provided under this
subdivision has been received.
(p) No person in paragraph (c), clauses (1) to (7), who is
disqualified as a result of this section may be retained by the agency in a
position involving direct contact with persons served by the program and no
person in paragraph (c), clauses (2), (6), and (7), or as provided elsewhere in
statute who is disqualified as a result of this section may be allowed access
to persons served by the program, unless the commissioner has provided written
notice to the agency stating that:
(1) the individual may remain in direct contact during the
period in which the individual may request reconsideration as provided in
subdivision 3a, paragraph (b), clause (2) or (3);
(2) the individual's disqualification has been set aside for
that agency as provided in subdivision 3b, paragraph (b); or
(3) the license holder has been granted a variance for the
disqualified individual under subdivision 3e.
(q) Termination of affiliation with persons in paragraph (c),
clauses (1) to (7), made in good faith reliance on a notice of disqualification
provided by the commissioner shall not subject the applicant or license holder
to civil liability.
(r) The commissioner may establish records to fulfill the
requirements of this section.
(s) The commissioner may not disqualify an individual subject
to a study under this section because that person has, or has had, a mental
illness as defined in section 245.462, subdivision 20.
(t) An individual subject to disqualification under this
subdivision has the applicable rights in subdivision 3a, 3b, or 3c.
(u) For the purposes of background studies completed by tribal
organizations performing licensing activities otherwise required of the
commissioner under this chapter, after obtaining consent from the background
study subject, tribal licensing agencies shall have access to criminal history
data in the same manner as county licensing agencies and private licensing
agencies under this chapter.
(v) County agencies shall have access to the criminal history
data in the same manner as county licensing agencies under this chapter for
purposes of background studies completed by county agencies on legal
nonlicensed child care providers to determine eligibility for child care funds
under chapter 119B.
Sec. 6. Minnesota
Statutes 2002, section 245A.04, subdivision 3b, is amended to read:
Subd. 3b.
[RECONSIDERATION OF DISQUALIFICATION.] (a) The individual who is the
subject of the disqualification may request a reconsideration of the
disqualification.
The individual must submit the request for reconsideration
to the commissioner in writing. A
request for reconsideration for an individual who has been sent a notice of
disqualification under subdivision 3a, paragraph (b), clause (1) or (2), must
be submitted within 30 calendar days of the disqualified individual's receipt
of the notice of disqualification. Upon
showing that the information in clause (1) or (2) cannot be obtained within 30
days, the disqualified individual may request additional time, not to exceed 30
days, to obtain that information. A
request for reconsideration for an individual who has been sent a notice of
disqualification under subdivision 3a, paragraph (b), clause (3), must be
submitted within 15 calendar days of the disqualified individual's receipt of
the notice of disqualification. An
individual who was determined to have maltreated a child under section 626.556
or a vulnerable adult under section 626.557, and who was disqualified under
this section on the basis of serious or recurring maltreatment, may request
reconsideration of both the maltreatment and the disqualification
determinations. The request for
reconsideration of the maltreatment determination and the disqualification must
be submitted within 30 calendar days of the individual's receipt of the notice
of disqualification. Removal of a disqualified individual from direct contact
shall be ordered if the individual does not request reconsideration within the
prescribed time, and for an individual who submits a timely request for
reconsideration, if the disqualification is not set aside. The individual must present information
showing that:
(1) the information the commissioner relied upon in determining
that the underlying conduct giving rise to the disqualification occurred, and
for maltreatment, that the maltreatment was serious or recurring, is incorrect;
or
(2) the subject of the study does not pose a risk of harm to
any person served by the applicant, license holder, or registrant under section
144A.71, subdivision 1.
(b) The commissioner shall rescind the disqualification if the
commissioner finds that the information relied on to disqualify the subject is
incorrect. The commissioner may set
aside the disqualification under this section if the commissioner finds that
the individual does not pose a risk of harm to any person served by the
applicant, license holder, or registrant under section 144A.71, subdivision
1. In determining that an individual
does not pose a risk of harm, the commissioner shall consider the nature,
severity, and consequences of the event or events that lead to
disqualification, whether there is more than one disqualifying event, the age
and vulnerability of the victim at the time of the event, the harm suffered by
the victim, the similarity between the victim and persons served by the
program, the time elapsed without a repeat of the same or similar event,
documentation of successful completion by the individual studied of training or
rehabilitation pertinent to the event, and any other information relevant to
reconsideration. In reviewing a
disqualification under this section, the commissioner shall give preeminent
weight to the safety of each person to be served by the license holder,
applicant, or registrant under section 144A.71, subdivision 1, over the
interests of the license holder, applicant, or registrant under section
144A.71, subdivision 1. If the
commissioner sets aside a disqualification under this section, the
disqualified individual remains disqualified, but may hold a license and
have direct contact with or access to persons receiving services. The commissioner's set aside of a
disqualification is limited solely to the licensed program, applicant,
or agency specified in the set aside notice, unless otherwise specified
in the notice. The commissioner
may rescind a previous set aside of a disqualification under this
section based on new information that indicates the individual may pose
a risk of harm to persons served by the applicant, license holder, or
registrant. If the commissioner
rescinds a set aside of a disqualification under this paragraph, the
appeal rights under paragraphs (a) and (e) shall apply.
(c) Unless the information the commissioner relied on in
disqualifying an individual is incorrect, the commissioner may not set aside
the disqualification of an individual in connection with a license to provide
family day care for children, foster care for children in the provider's own
home, or foster care or day care services for adults in the provider's own home
if:
(1) less than ten years have passed since the discharge of the
sentence imposed for the offense; and the individual has been convicted of a
violation of any offense listed in sections 609.165 (felon ineligible to possess
firearm), criminal vehicular homicide under 609.21 (criminal vehicular homicide
and injury), 609.215 (aiding suicide or aiding attempted suicide), felony
violations under 609.223 or 609.2231 (assault in the third or fourth degree), 609.713 (terroristic threats),
609.235 (use of drugs to injure or to facilitate crime), 609.24 (simple
robbery), 609.255 (false imprisonment), 609.562 (arson in the second degree),
609.71 (riot), 609.498, subdivision 1 or 1a 1b (aggravated first
degree or first degree tampering with a witness), burglary in the first or
second degree under 609.582 (burglary), 609.66 (dangerous weapon), 609.665
(spring guns), 609.67 (machine guns and short-barreled shotguns), 609.749,
subdivision 2 (gross misdemeanor harassment; stalking), 152.021 or 152.022
(controlled substance crime in the first or second degree), 152.023,
subdivision 1, clause (3) or (4), or subdivision 2, clause (4) (controlled
substance crime in the third degree), 152.024, subdivision 1, clause (2), (3),
or (4) (controlled substance crime in the fourth degree), 609.224, subdivision
2, paragraph (c) (fifth-degree assault by a caregiver against a vulnerable
adult), 609.23 (mistreatment of persons confined), 609.231 (mistreatment of
residents or patients), 609.2325 (criminal abuse of a vulnerable adult),
609.233 (criminal neglect of a vulnerable adult), 609.2335 (financial
exploitation of a vulnerable adult), 609.234 (failure to report), 609.265
(abduction), 609.2664 to 609.2665 (manslaughter of an unborn child in the first
or second degree), 609.267 to 609.2672 (assault of an unborn child in the
first, second, or third degree), 609.268 (injury or death of an unborn child in
the commission of a crime), 617.293 (disseminating or displaying harmful
material to minors), a felony level conviction involving alcohol or drug use, a
gross misdemeanor offense under 609.324, subdivision 1 (other prohibited acts),
a gross misdemeanor offense under 609.378 (neglect or endangerment of a child),
a gross misdemeanor offense under 609.377 (malicious punishment of a child),
609.72, subdivision 3 (disorderly conduct against a vulnerable adult); or an
attempt or conspiracy to commit any of these offenses, as each of these
offenses is defined in Minnesota Statutes; or an offense in any other state,
the elements of which are substantially similar to the elements of any of the
foregoing offenses;
(2) regardless of how much time has passed since the
involuntary termination of parental rights under section 260C.301 or the
discharge of the sentence imposed for the offense, the individual was convicted
of a violation of any offense listed in sections 609.185 to 609.195 (murder in
the first, second, or third degree), 609.20 (manslaughter in the first degree),
609.205 (manslaughter in the second degree), 609.245 (aggravated robbery),
609.25 (kidnapping), 609.561 (arson in the first degree), 609.749, subdivision
3, 4, or 5 (felony-level harassment; stalking), 609.228 (great bodily harm
caused by distribution of drugs), 609.221 or 609.222 (assault in the first or
second degree), 609.66, subdivision 1e (drive-by shooting), 609.855,
subdivision 5 (shooting in or at a public transit vehicle or facility),
609.2661 to 609.2663 (murder of an unborn child in the first, second, or third
degree), a felony offense under 609.377 (malicious punishment of a child), a
felony offense under 609.324, subdivision 1 (other prohibited acts), a felony
offense under 609.378 (neglect or endangerment of a child), 609.322
(solicitation, inducement, and promotion of prostitution), 609.342 to 609.345
(criminal sexual conduct in the first, second, third, or fourth degree),
609.352 (solicitation of children to engage in sexual conduct), 617.246 (use of
minors in a sexual performance), 617.247 (possession of pictorial
representations of a minor), 609.365 (incest), a felony offense under sections
609.2242 and 609.2243 (domestic assault), a felony offense of spousal abuse, a
felony offense of child abuse or neglect, a felony offense of a crime against
children, or an attempt or conspiracy to commit any of these offenses as
defined in Minnesota Statutes, or an offense in any other state, the elements
of which are substantially similar to any of the foregoing offenses;
(3) within the seven years preceding the study, the individual
committed an act that constitutes maltreatment of a child under section
626.556, subdivision 10e, and that resulted in substantial bodily harm as
defined in section 609.02, subdivision 7a, or substantial mental or emotional
harm as supported by competent psychological or psychiatric evidence; or
(4) within the seven years preceding the study, the individual
was determined under section 626.557 to be the perpetrator of a substantiated
incident of maltreatment of a vulnerable adult that resulted in substantial
bodily harm as defined in section 609.02, subdivision 7a, or substantial mental
or emotional harm as supported by competent psychological or psychiatric
evidence.
In the case of any ground for disqualification under clauses
(1) to (4), if the act was committed by an individual other than the applicant,
license holder, or registrant under section 144A.71, subdivision 1, residing in
the applicant's or license holder's home, or the home of a registrant under
section 144A.71, subdivision 1, the applicant, license holder, or registrant
under section 144A.71, subdivision 1, may seek reconsideration when the
individual who committed the act no longer resides in the home.
The disqualification periods provided
under clauses (1), (3), and (4) are the minimum applicable disqualification
periods. The commissioner may determine
that an individual should continue to be disqualified from licensure or
registration under section 144A.71, subdivision 1, because the license holder,
applicant, or registrant under section 144A.71, subdivision 1, poses a risk of
harm to a person served by that individual after the minimum disqualification
period has passed.
(d) The commissioner shall respond in writing or by electronic
transmission to all reconsideration requests for which the basis for the
request is that the information relied upon by the commissioner to disqualify
is incorrect or inaccurate within 30 working days of receipt of a request and
all relevant information. If the basis
for the request is that the individual does not pose a risk of harm, the
commissioner shall respond to the request within 15 working days after
receiving the request for reconsideration and all relevant information. If the request is based on both the
correctness or accuracy of the information relied on to disqualify the
individual and the risk of harm, the commissioner shall respond to the request
within 45 working days after receiving the request for reconsideration and all
relevant information. If the disqualification
is set aside, the commissioner shall notify the applicant or license holder in
writing or by electronic transmission of the decision.
(e) Except as provided in subdivision 3c, if a disqualification
for which reconsideration was requested is not set aside or is not rescinded,
an individual who was disqualified on the basis of a preponderance of evidence
that the individual committed an act or acts that meet the definition of any of
the crimes listed in subdivision 3d, paragraph (a), clauses (1) to (4); for
a determination under section 626.556 or 626.557 of substantiated
maltreatment that was serious or recurring under subdivision 3d,
paragraph (a), clause (4); or for failure to make required reports under
section 626.556, subdivision 3, or 626.557, subdivision 3, pursuant to
subdivision 3d, paragraph (a), clause (4), may request a fair hearing under
section 256.045. Except as provided
under subdivision 3c, the fair hearing is the only administrative appeal of the
final agency determination for purposes of appeal by the disqualified
individual, specifically, including a challenge to the accuracy and
completeness of data under section 13.04.
If the individual was disqualified based on a conviction or
admission to any crimes listed in subdivision 3d, paragraph (a), clauses
(1) to (4), the reconsideration decision under this subdivision is the
final agency determination for purposes of appeal by the disqualified
individual and is not subject to a hearing under section 256.045.
(f) Except as provided under subdivision 3c, if an individual
was disqualified on the basis of a determination of maltreatment under section
626.556 or 626.557, which was serious or recurring, and the individual has
requested reconsideration of the maltreatment determination under section
626.556, subdivision 10i, or 626.557, subdivision 9d, and also requested
reconsideration of the disqualification under this subdivision, reconsideration
of the maltreatment determination and reconsideration of the disqualification
shall be consolidated into a single reconsideration. For maltreatment and disqualification determinations made by
county agencies, the consolidated reconsideration shall be conducted by the
county agency. If the county agency has
disqualified an individual on multiple bases, one of which is a county maltreatment
determination for which the individual has a right to request reconsideration,
the county shall conduct the reconsideration of all disqualifications. Except as provided under subdivision 3c, if
an individual who was disqualified on the basis of serious or recurring
maltreatment requests a fair hearing on the maltreatment determination under
section 626.556, subdivision 10i, or 626.557, subdivision 9d, and requests a
fair hearing on the disqualification, which has not been set aside or rescinded
under this subdivision, the scope of the fair hearing under section 256.045
shall include the maltreatment determination and the disqualification. Except as provided under subdivision 3c, a
fair hearing is the only administrative appeal of the final agency determination,
specifically, including a challenge to the accuracy and completeness of data
under section 13.04.
(g) In the notice from the commissioner that a disqualification
has been set aside, the license holder must be informed that information about
the nature of the disqualification and which factors under paragraph (b) were
the bases of the decision to set aside the disqualification is available to the
license holder upon request without consent of the background study subject. With the written consent of a background
study subject, the commissioner may release to the license holder copies of all
information related to the background study subject's disqualification and the
commissioner's decision to set aside the disqualification as specified in the
written consent.
Sec. 7. Minnesota Statutes 2002, section 245A.04, subdivision 3d, is
amended to read:
Subd. 3d.
[DISQUALIFICATION.] (a) Upon receipt of information showing, or when a
background study completed under subdivision 3 shows any of the following: a conviction of one or more crimes listed in
clauses (1) to (4); the individual has admitted to or a preponderance of the
evidence indicates the individual has committed an act or acts that meet the definition
of any of the crimes listed in clauses (1) to (4); or an investigation results
in an administrative determination listed under clause (4), the individual
shall be disqualified from any position allowing direct contact with persons
receiving services from the license holder, entity identified in subdivision 3,
paragraph (a), or registrant under section 144A.71, subdivision 1, and for
individuals studied under section 245A.04, subdivision 3, paragraph (c),
clauses (2), (6), and (7), the individual shall also be disqualified from
access to a person receiving services from the license holder:
(1) regardless of how much time has passed since the
involuntary termination of parental rights under section 260C.301 or the
discharge of the sentence imposed for the offense, and unless otherwise specified,
regardless of the level of the conviction, the individual was convicted of any
of the following offenses: sections
609.185 (murder in the first degree); 609.19 (murder in the second degree);
609.195 (murder in the third degree); 609.2661 (murder of an unborn child in
the first degree); 609.2662 (murder of an unborn child in the second degree);
609.2663 (murder of an unborn child in the third degree); 609.20 (manslaughter
in the first degree); 609.205 (manslaughter in the second degree); 609.221 or
609.222 (assault in the first or second degree); 609.228 (great bodily harm
caused by distribution of drugs); 609.245 (aggravated robbery); 609.25
(kidnapping); 609.561 (arson in the first degree); 609.749, subdivision 3, 4,
or 5 (felony-level harassment; stalking); 609.66, subdivision 1e (drive-by
shooting); 609.855, subdivision 5 (shooting at or in a public transit vehicle
or facility); 609.322 (solicitation, inducement, and promotion of
prostitution); 609.342 (criminal sexual conduct in the first degree); 609.343
(criminal sexual conduct in the second degree); 609.344 (criminal sexual
conduct in the third degree); 609.345 (criminal sexual conduct in the fourth
degree); 609.352 (solicitation of children to engage in sexual conduct);
609.365 (incest); felony offense under 609.377 (malicious punishment of a
child); a felony offense under 609.378 (neglect or endangerment of a child); a
felony offense under 609.324, subdivision 1 (other prohibited acts); 617.246
(use of minors in sexual performance prohibited); 617.247 (possession of
pictorial representations of minors); a felony offense under sections 609.2242
and 609.2243 (domestic assault), a felony offense of spousal abuse, a felony
offense of child abuse or neglect, a felony offense of a crime against children;
or attempt or conspiracy to commit any of these offenses as defined in
Minnesota Statutes, or an offense in any other state or country, where the
elements are substantially similar to any of the offenses listed in this
clause;
(2) if less than 15 years have passed since the discharge of
the sentence imposed for the offense; and the individual has received a felony
conviction for a violation of any of these offenses: sections 609.21 (criminal vehicular homicide and injury); 609.165
(felon ineligible to possess firearm); 609.215 (suicide); 609.223 or 609.2231
(assault in the third or fourth degree); repeat offenses under 609.224 (assault
in the fifth degree); repeat offenses under 609.3451 (criminal sexual conduct
in the fifth degree); 609.498, subdivision 1 or as
each of these offenses is defined in Minnesota Statutes; or an offense in any
other state or country, the elements of which are substantially similar to the
elements of the offenses in this clause.
If the individual studied is convicted of one of the felonies listed in
this clause, but the sentence is a gross misdemeanor or misdemeanor
disposition, the lookback period for the conviction is the period applicable to
the disposition, that is the period for gross misdemeanors or misdemeanors; 1a 1b (aggravated
first degree or first degree tampering with a witness); 609.713 (terroristic
threats); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple
robbery); 609.255 (false imprisonment); 609.562 (arson in the second degree);
609.563 (arson in the third degree); repeat offenses under 617.23 (indecent
exposure; penalties); repeat offenses under 617.241 (obscene materials and
performances; distribution and exhibition prohibited; penalty); 609.71 (riot);
609.66 (dangerous weapons); 609.67 (machine guns and short-barreled shotguns);
609.2325 (criminal abuse of a vulnerable adult); 609.2664 (manslaughter of an
unborn child in the first degree); 609.2665 (manslaughter of an unborn child in
the second degree); 609.267 (assault of an unborn child in the first degree);
609.2671 (assault of an unborn child in the second degree); 609.268 (injury or
death of an unborn child in the commission of a crime); 609.52 (theft);
609.2335 (financial exploitation of a vulnerable adult); 609.521 (possession of
shoplifting gear); 609.582 (burglary); 609.625 (aggravated forgery); 609.63
(forgery); 609.631 (check forgery; offering a forged check); 609.635 (obtaining
signature by false pretense); 609.27 (coercion); 609.275 (attempt to coerce);
609.687 (adulteration); 260C.301 (grounds for termination of parental rights);
chapter 152 (drugs; controlled substance); and a felony level conviction
involving alcohol or drug use. An
attempt or conspiracy to commit any of these offenses,
(3) if less than ten years have passed since the discharge of
the sentence imposed for the offense; and the individual has received a gross
misdemeanor conviction for a violation of any of the following offenses: sections 609.224 (assault in the fifth
degree); 609.2242 and 609.2243 (domestic assault); violation of an order for
protection under 518B.01, subdivision 14; 609.3451 (criminal sexual conduct in
the fifth degree); repeat offenses under 609.746 (interference with privacy);
repeat offenses under 617.23 (indecent exposure); 617.241 (obscene materials
and performances); 617.243 (indecent literature, distribution); 617.293
(harmful materials; dissemination and display to minors prohibited); 609.71
(riot); 609.66 (dangerous weapons); 609.749, subdivision 2 (harassment;
stalking); 609.224, subdivision 2, paragraph (c) (assault in the fifth degree
by a caregiver against a vulnerable adult); 609.23 (mistreatment of persons
confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal
abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult);
609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure to
report maltreatment of a vulnerable adult); 609.72, subdivision 3 (disorderly
conduct against a vulnerable adult); 609.265 (abduction); 609.378 (neglect or
endangerment of a child); 609.377 (malicious punishment of a child); 609.324,
subdivision 1a (other prohibited acts; minor engaged in prostitution); 609.33
(disorderly house); 609.52 (theft); 609.582 (burglary); 609.631 (check forgery;
offering a forged check); 609.275 (attempt to coerce); or an attempt or
conspiracy to commit any of these offenses, as each of these offenses is
defined in Minnesota Statutes; or an offense in any other state or country, the
elements of which are substantially similar to the elements of any of the
offenses listed in this clause. If the
defendant is convicted of one of the gross misdemeanors listed in this clause,
but the sentence is a misdemeanor disposition, the lookback period for the
conviction is the period applicable to misdemeanors; or
(4) if less than seven years have passed since the discharge of
the sentence imposed for the offense; and the individual has received a
misdemeanor conviction for a violation of any of the following offenses: sections 609.224 (assault in the fifth
degree); 609.2242 (domestic assault); violation of an order for protection
under 518B.01 (Domestic Abuse Act); violation of an order for protection under
609.3232 (protective order authorized; procedures; penalties); 609.746
(interference with privacy); 609.79 (obscene or harassing phone calls); 609.795
(letter, telegram, or package; opening; harassment); 617.23 (indecent exposure;
penalties); 609.2672 (assault of an unborn child in the third degree); 617.293
(harmful materials; dissemination and display to minors prohibited); 609.66
(dangerous weapons); 609.665 (spring guns); 609.2335 (financial exploitation of
a vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable
adult); 609.52 (theft); 609.27 (coercion); or an attempt or conspiracy to
commit any of these offenses, as each of these offenses is defined in Minnesota
Statutes; or an offense in any other state or country, the elements of which
are substantially similar to the elements of any of the offenses listed in this
clause; a determination or disposition of failure to make required reports
under section 626.556, subdivision 3, or 626.557, subdivision 3, for incidents
in which: (i) the final disposition
under section 626.556 or 626.557 was substantiated maltreatment, and (ii) the
maltreatment was recurring or serious; or a determination or disposition of
substantiated serious or recurring maltreatment of a minor under section
626.556 or of a vulnerable adult under section 626.557 for which there is a preponderance
of evidence that the maltreatment occurred, and that the subject was
responsible for the maltreatment.
For the purposes of this section, "serious
maltreatment" means sexual abuse; maltreatment resulting in death; or
maltreatment resulting in serious injury which reasonably requires the care of
a physician whether or not the care of a physician was sought; or abuse
resulting in serious injury. For
purposes of this section, "abuse resulting in serious injury"
means: bruises, bites, skin laceration
or tissue damage; fractures; dislocations; evidence of internal injuries; head
injuries with loss of consciousness; extensive second-degree or third-degree
burns and other burns for which complications are present; extensive
second-degree or third-degree frostbite, and others for which complications are
present; irreversible mobility or avulsion of teeth; injuries to the eyeball;
ingestion of foreign substances and objects that
are harmful; near drowning; and heat exhaustion or sunstroke. For purposes of this section, "care of
a physician" is treatment received or ordered by a physician, but does not
include diagnostic testing, assessment, or observation. For the purposes of this section, "recurring
maltreatment" means more than one incident of maltreatment for which there
is a preponderance of evidence that the maltreatment occurred, and that the
subject was responsible for the maltreatment.
For purposes of this section, "access" means physical access
to an individual receiving services or the individual's personal property
without continuous, direct supervision as defined in section 245A.04,
subdivision 3.
(b) Except for background studies related to child foster care,
adult foster care, or family child care licensure, when the subject of a background
study is regulated by a health-related licensing board as defined in chapter
214, and the regulated person has been determined to have been responsible for
substantiated maltreatment under section 626.556 or 626.557, instead of the
commissioner making a decision regarding disqualification, the board shall make
a determination whether to impose disciplinary or corrective action under
chapter 214.
(1) The commissioner shall notify the health-related licensing
board:
(i) upon completion of a background study that produces a
record showing that the individual was determined to have been responsible for
substantiated maltreatment;
(ii) upon the commissioner's completion of an investigation
that determined the individual was responsible for substantiated maltreatment;
or
(iii) upon receipt from another agency of a finding of
substantiated maltreatment for which the individual was responsible.
(2) The commissioner's notice shall indicate whether the
individual would have been disqualified by the commissioner for the
substantiated maltreatment if the individual were not regulated by the
board. The commissioner shall
concurrently send this notice to the individual.
(3) Notwithstanding the exclusion from this subdivision for
individuals who provide child foster care, adult foster care, or family child
care, when the commissioner or a local agency has reason to believe that the
direct contact services provided by the individual may fall within the
jurisdiction of a health-related licensing board, a referral shall be made to
the board as provided in this section.
(4) If, upon review of the information provided by the
commissioner, a health-related licensing board informs the commissioner that
the board does not have jurisdiction to take disciplinary or corrective action,
the commissioner shall make the appropriate disqualification decision regarding
the individual as otherwise provided in this chapter.
(5) The commissioner has the authority to monitor the
facility's compliance with any requirements that the health-related licensing
board places on regulated persons practicing in a facility either during the
period pending a final decision on a disciplinary or corrective action or as a
result of a disciplinary or corrective action.
The commissioner has the authority to order the immediate removal of a
regulated person from direct contact or access when a board issues an order of
temporary suspension based on a determination that the regulated person poses
an immediate risk of harm to persons receiving services in a licensed facility.
(6) A facility that allows a regulated person to provide direct
contact services while not complying with the requirements imposed by the
health-related licensing board is subject to action by the commissioner as specified
under sections 245A.06 and 245A.07.
(7) The commissioner shall notify a health-related
licensing board immediately upon receipt of knowledge of noncompliance with
requirements placed on a facility or upon a person regulated by the board.
Sec. 8. Minnesota
Statutes 2002, section 245A.09, subdivision 7, is amended to read:
Subd. 7. [REGULATORY
METHODS.] (a) Where appropriate and feasible the commissioner shall identify
and implement alternative methods of regulation and enforcement to the extent
authorized in this subdivision. These
methods shall include:
(1) expansion of the types and categories of licenses that may
be granted;
(2) when the standards of another state or federal governmental
agency or an independent accreditation body have been shown to predict
compliance with the rules require the same standards, methods, or
alternative methods to achieve substantially the same intended outcomes
as the licensing standards, the commissioner shall consider
compliance with the governmental or accreditation standards to be equivalent to
partial compliance with the rules licensing standards; and
(3) use of an abbreviated inspection that employs key standards
that have been shown to predict full compliance with the rules.
(b) If the commissioner accepts accreditation as documentation
of compliance with a licensing standard under paragraph (a), the
commissioner shall continue to investigate complaints related to
noncompliance with all licensing standards. The commissioner may take a
licensing action for noncompliance under this chapter and shall
recognize all existing appeal rights regarding any licensing actions
taken under this chapter.
(c) The commissioner shall work with the commissioners
of health, public safety, administration, and children, families, and learning
in consolidating duplicative licensing and certification rules and standards if
the commissioner determines that consolidation is administratively feasible,
would significantly reduce the cost of licensing, and would not reduce the
protection given to persons receiving services in licensed programs. Where administratively feasible and
appropriate, the commissioner shall work with the commissioners of health,
public safety, administration, and children, families, and learning in
conducting joint agency inspections of programs.
(c) (d) The commissioner shall work with the
commissioners of health, public safety, administration, and children, families,
and learning in establishing a single point of application for applicants who
are required to obtain concurrent licensure from more than one of the
commissioners listed in this clause.
(d) (e) Unless otherwise specified in statute,
the commissioner may specify in rule periods of licensure up to two years
conduct routine inspections biennially.
Sec. 9. Minnesota
Statutes 2002, section 245A.10, is amended to read:
245A.10 [FEES.]
Subdivision 1.
[APPLICATION OR LICENSE FEE REQUIRED, PROGRAMS EXEMPT FROM FEE.] (a)
Unless exempt under paragraph (b), the commissioner shall charge a
fee for evaluation of applications and inspection of programs, other than
family day care and foster care, which are licensed under this chapter. The
commissioner may charge a fee for the licensing of school age child care
programs, in an amount sufficient to cover the cost to the state agency of
processing the license.
(b) Notwithstanding paragraph (a), no application or
license fee shall be charged for child foster care, adult foster care,
or state-operated programs, unless the state-operated program is an
intermediate care facility for persons with mental retardation or
related conditions (ICF/MR).
Subd. 2. [COUNTY
FEES FOR BACKGROUND STUDIES AND LICENSING INSPECTIONS IN FAMILY AND GROUP
FAMILY CHILD CARE.] (a) For purposes of family and group family child
care licensing under this chapter, a county agency may charge a fee to
an applicant or license holder to recover the actual cost of background
studies, but in any case not to exceed $100 annually. A county agency may also charge a fee
to an applicant or license holder to recover the actual cost of
licensing inspections, but in any case not to exceed $150 annually.
(b) Pursuant to section 119B.125, a county agency may charge
a onetime fee to a legal nonlicensed child care provider or applicant
equal to the actual cost of conducting a criminal background check, up
to a maximum of $100.
(c) Counties may elect to reduce or waive the fees in paragraph
(a):
(1) in cases of financial hardship; and
(2) if the county has a shortage of providers in the county's
area.
(d) Counties may allow providers to pay the applicant fees
in paragraph (a) or (b) on an installment basis for up to one year. If the provider is receiving child care
assistance payments from the state, the provider may have the fees under
paragraph (a) or (b) deducted from the child care assistance payments
for up to one year and the state shall reimburse the county for the
county fees collected in this manner.
Subd. 3.
[APPLICATION FEE FOR INITIAL LICENSE OR CERTIFICATION.] (a) For fees
required under subdivision 1, an applicant for an initial license or
certification issued by the commissioner shall submit a $500 application
fee with each new application required under this subdivision. The application fee shall not be
prorated, is nonrefundable, and is in lieu of the annual license or
certification fee that expires on December 31. The commissioner shall not process an application until the application
fee is paid.
(b) Except as provided in clauses (1) to (3), an applicant
shall apply for a license to provide services at a specific location.
(1) For a license to provide waivered services to persons
with developmental disabilities or related conditions, an applicant
shall submit an application for each county in which the waivered
services will be provided.
(2) For a license to provide semi-independent living services
to persons with developmental disabilities or related conditions, an
applicant shall submit a single application to provide services statewide.
(3) For a license to provide independent living assistance
for youth under section 245A.22, an applicant shall submit a single
application to provide services statewide.
Subd. 4. [ANNUAL
LICENSE OR CERTIFICATION FEE FOR PROGRAMS WITH LICENSED CAPACITY.] (a) Child
care centers and programs with a licensed capacity shall pay an annual
nonrefundable license or certification fee based on the following
schedule:
Licensed Capacity
Child Care
Residential
Center
Program
License Fee License Fee
1 to 24 persons
$300
$400
25 to 49 persons
$450 $600
50 to 74 persons
$600
$800
75 to 99 persons
$750
$1,000
100 to 124 persons
$900
$1,200
125 to 149 persons
$1,200
$1,400
150 to 174 persons
$1,400
$1,600
175 to 199 persons
$1,600
$1,800
200 to 224 persons
$1,800
$2,000
225 or more persons
$2,000
$2,500
(b) A day training and habilitation program serving persons
with developmental disabilities or related conditions shall be assessed
a license fee based on the schedule in paragraph (a) unless the license
holder serves more than 50 percent of the same persons at two or more
locations in the community. When a day
training and habilitation program serves more than 50 percent of the
same persons in two or more locations in a community, the day training
and habilitation program shall pay a license fee based on the licensed
capacity of the largest facility and the other facility or facilities
shall be charged a license fee based on a licensed capacity of a residential
program serving one to 24 persons.
Subd. 5. [ANNUAL
LICENSE OR CERTIFICATION FEE FOR PROGRAMS WITHOUT A LICENSED CAPACITY.] (a)
Except as provided in paragraph (b), a program without a stated licensed
capacity shall pay a license or certification fee of $400.
(b) A mental health center or mental health clinic requesting
certification for purposes of insurance and subscriber contract
reimbursement under Minnesota Rules, parts 9520.0750 to 9520.0870 shall
pay a certification fee of $1,000 per year. If the mental health center or mental health clinic provides
services at a primary location with satellite facilities, the satellite
facilities shall be certified with the primary location without an
additional charge.
Subd. 6.
[LICENSE NOT ISSUED UNTIL LICENSE OR CERTIFICATION FEE IS PAID.] The
commissioner shall not issue a license or certification until the
license or certification fee is paid.
The commissioner shall send a bill for the license or certification
fee to the billing address identified by the license holder. If the license holder does not submit the
license or certification fee payment by the due date, the commissioner
shall send the license holder a past due notice. If the license holder
fails to pay the license or certification fee by the due date on the
past due notice, the commissioner shall send a final notice to the
license holder informing the license holder that the program license
will expire on December 31 unless the license fee is paid before
December 31. If a license
expires, the program is no longer licensed and, unless exempt from
licensure under section 245A.03, subdivision 2, must not operate after
the expiration date. After a license
expires, if the former license holder wishes to provide licensed services,
the former license holder must submit a new license application and
application fee under subdivision 3.
Sec. 10. Minnesota
Statutes 2002, section 245A.11, subdivision 2a, is amended to read:
Subd. 2a. [ADULT FOSTER
CARE LICENSE CAPACITY.] (a) An adult foster care license holder may have a
maximum license capacity of five if all persons in care are age 55 or over and
do not have a serious and persistent mental illness or a developmental
disability.
(b) The commissioner may grant variances to paragraph (a) to
allow a foster care provider with a licensed capacity of five persons to admit
an individual under the age of 55 if the variance complies with section
245A.04, subdivision 9, and approval of the variance is recommended by the
county in which the licensed foster care provider is located.
(c) The commissioner may grant variances to paragraph (a) to
allow the use of a fifth bed for emergency crisis services for a person with
serious and persistent mental illness or a developmental disability, regardless
of age, if the variance complies with section 245A.04, subdivision 9, and
approval of the variance is recommended by the county in which the licensed
foster care provider is located.
(d) Notwithstanding paragraph (a), the commissioner may issue
an adult foster care license with a capacity of five or six adults when
the capacity is recommended by the county licensing agency of the county
in which the facility is located and if the recommendation verifies
that:
(1) the facility meets the physical environment requirements
in the adult foster care licensing rule;
(2) the five- or six-bed living arrangement is specified
for each resident in the resident's (i) individualized plan of care;
(ii) individual service plan under section 256B.092, subdivision 1b, if
required; or (iii) individual resident placement agreement under
Minnesota Rules, part 9555.5105, subpart 19, if required;
(3) the license holder obtains written and signed informed
consent from each resident or resident's legal representative documenting
the resident's informed choice to living in the home and that the
resident's refusal to consent would not have resulted in service
termination; and
(4) the facility was licensed for adult foster care before
March 1, 2003.
(e) The commissioner shall not issue a new adult foster care
license under paragraph (d) after June 30, 2005. The commissioner shall allow a facility with an adult
foster care license issued under paragraph (d) before June 30, 2005, to
continue with a capacity of five or six adults if the license holder
continues to comply with the requirements in paragraph (d).
Sec. 11. Minnesota
Statutes 2002, section 245A.11, subdivision 2b, is amended to read:
Subd. 2b. [ADULT FOSTER
CARE; FAMILY ADULT DAY CARE.] An adult foster care license holder licensed
under the conditions in subdivision 2a may also provide family adult day care
for adults age 55 or over if no persons in the adult foster or adult family day
care program have a serious and persistent mental illness or a developmental
disability. The maximum combined
capacity for adult foster care and family adult day care is five adults, except
that the commissioner may grant a variance for a family adult day care provider
to admit up to seven individuals for day care services and one individual
for respite care services, if all of the following requirements are
met: (1) the variance complies with
section 245A.04, subdivision 9; (2) a second caregiver is present whenever six
or more clients are being served; and (3) the variance is recommended by the
county social service agency in the county where the provider is located. A separate license is not required to
provide family adult day care under this subdivision. Adult foster care homes providing services to five adults under
this section shall not be subject to licensure by the commissioner of health
under the provisions of chapter 144, 144A, 157, or any other law requiring
facility licensure by the commissioner of health.
Sec. 12. Minnesota
Statutes 2002, section 245A.11, is amended by adding a subdivision to read:
Subd. 7. [ADULT
FOSTER CARE; VARIANCE FOR ALTERNATE OVERNIGHT SUPERVISION.] (a) The
commissioner may grant a variance under section 245A.04, subdivision 9,
to rule parts requiring a caregiver to be present in an adult foster
care home during normal sleeping hours to allow for alternative methods
of overnight supervision. The
commissioner may grant the variance if the local county licensing agency
recommends the variance and the county recommendation includes
documentation verifying that:
(1) the county has approved the license holder's plan for
alternative methods of providing overnight supervision and determined
the plan protects the residents' health, safety, and rights;
(2) the license holder has obtained written and signed informed
consent from each resident or each resident's legal representative
documenting the resident's or legal representative's agreement with the
alternative method of overnight supervision; and
(3) the alternative method of providing overnight supervision
is specified for each resident in the resident's: (i) individualized
plan of care; (ii) individual service plan under section 256B.092,
subdivision 1b, if required; or (iii) individual resident placement
agreement under Minnesota Rules, part 9555.5105, subpart 19, if
required.
(b) To be eligible for a variance under paragraph (a), the
adult foster care license holder must not have had a licensing action
under section 245A.06 or 245A.07 during the prior 24 months based on
failure to provide adequate supervision, health care services, or
resident safety in the adult foster care home.
Sec. 13. Minnesota
Statutes 2002, section 245B.03, subdivision 2, is amended to read:
Subd. 2. [RELATIONSHIP
TO OTHER STANDARDS GOVERNING SERVICES FOR PERSONS WITH MENTAL RETARDATION OR
RELATED CONDITIONS.] (a) ICFs/MR are exempt from:
(1) section 245B.04;
(2) section 245B.06, subdivisions 4 and 6; and
(3) section 245B.07, subdivisions 4, paragraphs (b) and (c); 7;
and 8, paragraphs (1), clause (iv), and (2).
(b) License holders also licensed under chapter 144 as a
supervised living facility are exempt from section 45B.04.
(c) Residential service sites controlled by license holders
licensed under chapter 245B for home and community-based waivered services for
four or fewer adults are exempt from compliance with Minnesota Rules, parts
9543.0040, subpart 2, item C; 9555.5505; 9555.5515, items B and G; 9555.5605;
9555.5705; 9555.6125, subparts 3, item C, subitem (2), and 4 to 6; 9555.6185;
9555.6225, subpart 8; 9555.6245; 9555.6255; and 9555.6265; and as provided
under section 245B.06, subdivision 2, the license holder is exempt from
the program abuse prevention plans and individual abuse prevention plans
otherwise required under sections 245A.65, subdivision 2, and 626.557,
subdivision 14. The
commissioner may approve alternative methods of providing overnight supervision
using the process and criteria for granting a variance in section 245A.04,
subdivision 9. This chapter does not
apply to foster care homes that do not provide residential habilitation
services funded under the home and community-based waiver programs defined in
section 256B.092.
(d) Residential service sites controlled by license holders
licensed under this chapter for home and community-based waivered
services for four or fewer children are exempt from compliance with
Minnesota Rules, parts 9545.0130; 9545.0140; 9545.0150; 9545.0170;
9545.0220, subparts 1, items C, F, and I, and 3; and 9545.0230.
(e) The commissioner may exempt
license holders from applicable standards of this chapter when the license
holder meets the standards under section 245A.09, subdivision 7. License
holders that are accredited by an independent accreditation body shall continue
to be licensed under this chapter.
(e) (f) License holders governed by sections
245B.02 to 245B.07 must also meet the licensure requirements in chapter 245A.
(f) (g) Nothing in this chapter prohibits license
holders from concurrently serving consumers with and without mental retardation
or related conditions provided this chapter's standards are met as well as
other relevant standards.
(g) (h) The documentation that sections 245B.02
to 245B.07 require of the license holder meets the individual program plan
required in section 256B.092 or successor provisions.
Sec. 14. Minnesota
Statutes 2002, section 245B.03, is amended by adding a subdivision to read:
Subd. 3.
[CONTINUITY OF CARE.] (a) When a consumer changes service to
the same type of service provided under a different license held by the
same license holder and the policies and procedures under section
245B.07, subdivision 8, are substantially similar, the license holder is
exempt from the requirements in sections 245B.06, subdivisions 2, paragraphs
(e) and (f), and 4; and 245B.07, subdivision 9, clause (2).
(b) When a direct service staff person begins providing direct
service under one or more licenses other than the license for which the
staff person initially received the staff orientation requirements under
section 245B.07, subdivision 5, the license holder is exempt from all
staff orientation requirements under section 245B.07, subdivision 5,
except that:
(1) if the service provision location changes, the staff
person must receive orientation regarding any policies or procedures
under section 245B.07, subdivision 8, that are specific to the service
provision location; and
(2) if the staff person provides direct service to one or
more consumers for whom the staff person has not previously provided
direct service, the staff person must review each consumer's: (i) service plans and risk management plan
in accordance with section 245B.07, subdivision 5, paragraph (b), clause
(1); and (ii) medication administration in accordance with section
245B.07, subdivision 5, paragraph (b), clause (6).
Sec. 15. Minnesota
Statutes 2002, section 245B.04, subdivision 2, is amended to read:
Subd. 2.
[SERVICE-RELATED RIGHTS.] A consumer's service-related rights include
the right to:
(1) refuse or terminate services and be informed of the
consequences of refusing or terminating services;
(2) know, in advance, limits to the services available from the
license holder;
(3) know conditions and terms governing the provision of
services, including those related to initiation and termination;
(4) know what the charges are for services, regardless of who
will be paying for the services, and be notified upon request of
changes in those charges;
(5) know, in advance, whether services
are covered by insurance, government funding, or other sources, and be told of
any charges the consumer or other private party may have to pay; and
(6) receive licensed services from individuals who are
competent and trained, who have professional certification or licensure, as
required, and who meet additional qualifications identified in the individual
service plan.
Sec. 16. Minnesota
Statutes 2002, section 245B.06, subdivision 2, is amended to read:
Subd. 2. [RISK
MANAGEMENT PLAN.] (a) The license holder must develop and,
document in writing, and implement a risk management plan that incorporates
the individual abuse prevention plan as required in section 245A.65 meets
the requirements of this subdivision.
License holders licensed under this chapter are exempt from
sections 245A.65, subdivision 2, and 626.557, subdivision 14, if the
requirements of this subdivision are met.
(b) The risk management plan must identify areas in which
the consumer is vulnerable, based on an assessment, at a minimum, of the
following areas:
(1) an adult consumer's susceptibility to physical, emotional,
and sexual abuse as defined in section 626.5572, subdivision 2, and
financial exploitation as defined in section 626.5572, subdivision 9; a
minor consumer's susceptibility to sexual and physical abuse as defined
in section 626.556, subdivision 2; and a consumer's susceptibility to
self-abuse, regardless of age;
(2) the consumer's health needs, considering the consumer's
physical disabilities; allergies; sensory impairments; seizures; diet;
need for medications; and ability to obtain medical treatment;
(3) the consumer's safety needs, considering the consumer's
ability to take reasonable safety precautions; community survival
skills; water survival skills; ability to seek assistance or provide
medical care; and access to toxic substances or dangerous items;
(4) environmental issues, considering the program's location
in a particular neighborhood or community; the type of grounds and
terrain surrounding the building; and the consumer's ability to respond
to weather-related conditions, open locked doors, and remain alone in
any environment; and
(5) the consumer's behavior, including behaviors that may
increase the likelihood of physical aggression between consumers or
sexual activity between consumers involving force or coercion, as
defined under section 245B.02, subdivision 10, clauses (6) and (7).
(c) When assessing a consumer's vulnerability, the license
holder must consider only the consumer's skills and abilities, independent
of staffing patterns, supervision plans, the environment, or other
situational elements.
(d) License holders jointly providing services to a
consumer shall coordinate and use the resulting assessment of risk areas for
the development of this each license holder's risk management
or the shared risk management plan.
Upon initiation of services, the license holder will have in place an
initial risk management plan that identifies areas in which the consumer is
vulnerable, including health, safety, and environmental issues and the supports
the provider will have in place to protect the consumer and to minimize these
risks. The plan must be changed based
on the needs of the individual consumer and reviewed at least annually. The license holder's plan must
include the specific actions a staff person will take to protect the
consumer and minimize risks for the identified vulnerability areas. The specific actions must include the proactive
measures being taken, training being provided, or a detailed description
of actions a staff person will take when intervention is needed.
(e) Prior to or upon initiating
services, a license holder must develop an initial risk management plan
that is, at a minimum, verbally approved by the consumer or consumer's
legal representative and case manager.
The license holder must document the date the license holder
receives the consumer's or consumer's legal representative's and case
manager's verbal approval of the initial plan.
(f) As part of the meeting held within 45 days of initiating
service, as required under section 245B.06, subdivision 4, the license
holder must review the initial risk management plan for accuracy and
revise the plan if necessary. The license holder must give the consumer
or consumer's legal representative and case manager an opportunity to
participate in this plan review.
If the license holder revises the plan, or if the consumer or
consumer's legal representative and case manager have not previously
signed and dated the plan, the license holder must obtain dated
signatures to document the plan's approval.
(g) After plan approval, the license holder must review the
plan at least annually and update the plan based on the individual
consumer's needs and changes to the environment. The license holder must give the consumer or consumer's
legal representative and case manager an opportunity to participate in
the ongoing plan development. The
license holder shall obtain dated signatures from the consumer or
consumer's legal representative and case manager to document completion
of the annual review and approval of plan changes.
Sec. 17. Minnesota
Statutes 2002, section 245B.06, subdivision 5, is amended to read:
Subd. 5. [PROGRESS
REVIEWS.] The license holder must participate in progress review meetings
following stated time lines established in the consumer's individual service
plan or as requested in writing by the consumer, the consumer's legal
representative, or the case manager, at a minimum of once a year. The license holder must summarize the
progress toward achieving the desired outcomes and make recommendations in a
written report sent to the consumer or the consumer's legal representative and
case manager prior to the review meeting. For consumers under public
guardianship, the license holder is required to provide quarterly written
progress review reports to the consumer, designated family member, and case
manager.
Sec. 18. Minnesota
Statutes 2002, section 245B.07, subdivision 6, is amended to read:
Subd. 6. [STAFF
TRAINING.] (a) The license holder shall ensure that direct service staff
annually complete hours of training equal to two percent of the number of hours
the staff person worked or one percent for license holders providing
semi-independent living services. Direct
service staff who have worked for the license holder for an average of
at least 30 hours per week for 24 or more months must annually complete
hours of training equal to one percent of the number of hours the
staff person worked. If direct service
staff has received training from a license holder licensed under a program rule
identified in this chapter or completed course work regarding
disability-related issues from a post-secondary educational institute, that
training may also count toward training requirements for other services and for
other license holders.
(b) The license holder must document the training completed by
each employee.
(c) Training shall address staff competencies necessary to
address the consumer needs as identified in the consumer's individual service
plan and ensure consumer health, safety, and protection of rights. Training may also include other areas
identified by the license holder.
(d) For consumers requiring a 24-hour plan of care, the license
holder shall provide training in cardiopulmonary resuscitation, from a
qualified source determined by the commissioner, if the consumer's health needs
as determined by the consumer's physician indicate trained staff would be
necessary to the consumer.
Sec. 19. Minnesota Statutes 2002, section 245B.07, subdivision 9, is
amended to read:
Subd. 9. [AVAILABILITY
OF CURRENT WRITTEN POLICIES AND PROCEDURES.] The license holder shall:
(1) review and update, as needed, the written policies and
procedures in this chapter and inform all consumers or the consumer's legal
representatives, case managers, and employees of the revised policies and
procedures when they affect the service provision;
(2) inform consumers or the consumer's legal representatives of
the written policies and procedures in this chapter upon service
initiation. Copies must be available to
consumers or the consumer's legal representatives, case managers, the county
where services are located, and the commissioner upon request; and
(3) provide all consumers or the consumers' legal representatives
and case managers a copy and explanation of revisions to policies and
procedures that affect consumers' service-related or protection-related
rights under section 245B.04.
Unless there is reasonable cause, the license holder must provide
this notice at least 30 days before implementing the revised policy and
procedure. The license holder must document
the reason for not providing the notice at least 30 days before
implementing the revisions;
(4) annually notify all consumers or the consumers' legal
representatives and case managers of any revised policies and procedures
under this chapter, other than those in clause (3). Upon request, the
license holder must provide the consumer or consumer's legal representative
and case manager copies of the revised policies and procedures;
(5) before implementing revisions to policies and procedures
under this chapter, inform all employees of the revised policies and
procedures; and
(6) document and maintain relevant information related
to the policies and procedures in this chapter.
Sec. 20. Minnesota
Statutes 2002, section 245B.08, subdivision 1, is amended to read:
Subdivision 1.
[ALTERNATIVE METHODS OF DETERMINING COMPLIANCE.] (a) In addition to
methods specified in chapter 245A, the commissioner may use alternative methods
and new regulatory strategies to determine compliance with this section. The commissioner may use sampling techniques
to ensure compliance with this section.
Notwithstanding section 245A.09, subdivision 7, paragraph (d) (e),
the commissioner may also extend periods of licensure, not to exceed five
years, for license holders who have demonstrated substantial and consistent
compliance with sections 245B.02 to 245B.07 and have consistently maintained
the health and safety of consumers and have demonstrated by alternative methods
in paragraph (b) that they meet or exceed the requirements of this
section. For purposes of this section,
"substantial and consistent compliance" means that during the current
licensing period:
(1) the license holder's license has not been made conditional,
suspended, or revoked;
(2) there have been no substantiated allegations of
maltreatment against the license holder;
(3) there have been no program deficiencies that have been
identified that would jeopardize the health or safety of consumers being
served; and
(4) the license holder is in substantial compliance with the
other requirements of chapter 245A and other applicable laws and rules.
(b) To determine the length of a
license, the commissioner shall consider:
(1) information from affected consumers, and the license
holder's responsiveness to consumers' concerns and recommendations;
(2) self assessments and peer reviews of the standards of this
section, corrective actions taken by the license holder, and sharing the
results of the inspections with consumers, the consumers' families, and others,
as requested;
(3) length of accreditation by an independent accreditation
body, if applicable;
(4) information from the county where the license holder is
located; and
(5) information from the license holder demonstrating
performance that meets or exceeds the minimum standards of this chapter.
(c) The commissioner may reduce the length of the license if
the license holder fails to meet the criteria in paragraph (a) and the
conditions specified in paragraph (b).
Sec. 21. Minnesota
Statutes 2002, section 252.27, subdivision 2a, is amended to read:
Subd. 2a. [CONTRIBUTION
AMOUNT.] (a) The natural or adoptive parents of a minor child, including a
child determined eligible for medical assistance without consideration of
parental income, must contribute monthly to the cost of services, unless the
child is married or has been married, parental rights have been terminated, or
the child's adoption is subsidized according to section 259.67 or through title
IV-E of the Social Security Act.
(b) For households with adjusted gross income equal to or
greater than 100 percent of federal poverty guidelines, the parental
contribution shall be the greater of a minimum monthly fee of $25 for
households with adjusted gross income of $30,000 and over, or an amount to be
computed by applying the following schedule of rates to the
adjusted gross income of the natural or adoptive parents that exceeds 150
percent of the federal poverty guidelines for the applicable household size,
the following schedule of rates:
(1) on the amount of adjusted gross income over 150 percent
of poverty, but not over $50,000, ten percent if the adjusted gross
income is equal to or greater than 100 percent of federal poverty
guidelines and less than 175 percent of federal poverty guidelines, the
parental contribution is $4 per month;
(2) on if the amount of adjusted gross income
over 150 percent of poverty and over $50,000 but not over $60,000, 12
percent is equal to or greater than 175 percent of federal poverty
guidelines and less than or equal to 975 percent of federal poverty
guidelines, the parental contribution shall be determined using a
sliding fee scale established by the commissioner of human services
which begins at one percent of adjusted gross income at 175 percent of
federal poverty guidelines and increases to 16 percent of adjusted gross
income for those with adjusted gross income up to 975 percent of federal
poverty guidelines;
(3) on the amount of adjusted gross income over 150 percent
of poverty, and over $60,000 but not over $75,000, 14 percent; and
(4) on all adjusted gross income amounts over 150 percent of
poverty, and over $75,000, 15 percent.
(3) if the adjusted gross income is equal to or greater than
975 percent of federal poverty guidelines, the parental contribution
shall be 16 percent of adjusted gross income.
If the child lives with the parent, the parental
contribution annual adjusted gross income is reduced by $200,
except that the parent must pay the minimum monthly $25 fee under this
paragraph $4,800 prior to calculating the parental contribution. If the child resides in an institution
specified in section 256B.35, the parent is responsible for the personal needs
allowance specified under that section in addition to the parental contribution
determined under this section. The
parental contribution is reduced by any amount required to be paid directly to
the child pursuant to a court order, but only if actually paid.
(c) The household size to be used in determining the amount of
contribution under paragraph (b) includes natural and adoptive parents and
their dependents under age 21, including the child receiving services. Adjustments in the contribution amount due
to annual changes in the federal poverty guidelines shall be implemented on the
first day of July following publication of the changes.
(d) For purposes of paragraph (b), "income" means the
adjusted gross income of the natural or adoptive parents determined according
to the previous year's federal tax form.
(e) The contribution shall be explained in writing to the
parents at the time eligibility for services is being determined. The contribution shall be made on a monthly
basis effective with the first month in which the child receives services. Annually upon redetermination or at
termination of eligibility, if the contribution exceeded the cost of services
provided, the local agency or the state shall reimburse that excess amount to
the parents, either by direct reimbursement if the parent is no longer required
to pay a contribution, or by a reduction in or waiver of parental fees until
the excess amount is exhausted.
(f) The monthly contribution amount must be reviewed at least
every 12 months; when there is a change in household size; and when there is a
loss of or gain in income from one month to another in excess of ten
percent. The local agency shall mail a
written notice 30 days in advance of the effective date of a change in the
contribution amount. A decrease in the
contribution amount is effective in the month that the parent verifies a
reduction in income or change in household size.
(g) Parents of a minor child who do not live with each other
shall each pay the contribution required under paragraph (a), except that a. An amount equal to the annual
court-ordered child support payment actually paid on behalf of the child
receiving services shall be deducted from the contribution adjusted
gross income of the parent making the payment prior to calculating
the parental contribution under paragraph (b).
(h) The contribution under paragraph (b) shall be increased by
an additional five percent if the local agency determines that insurance
coverage is available but not obtained for the child. For purposes of this section, "available" means the
insurance is a benefit of employment for a family member at an annual cost of
no more than five percent of the family's annual income. For purposes of this section,
"insurance" means health and accident insurance coverage, enrollment
in a nonprofit health service plan, health maintenance organization,
self-insured plan, or preferred provider organization.
Parents who have more than one child receiving services shall
not be required to pay more than the amount for the child with the highest
expenditures. There shall be no
resource contribution from the parents.
The parent shall not be required to pay a contribution in excess of the
cost of the services provided to the child, not counting payments made to
school districts for education-related services. Notice of an increase in fee payment must be given at least 30
days before the increased fee is due.
(i) The contribution under paragraph (b) shall be reduced by
$300 per fiscal year if, in the 12 months prior to July 1:
(1) the parent applied for insurance for the child;
(2) the insurer denied insurance;
(3) the parents submitted a complaint or appeal, in writing to
the insurer, submitted a complaint or appeal, in writing, to the commissioner
of health or the commissioner of commerce, or litigated the complaint or
appeal; and
(4) as a result of the dispute, the insurer reversed its
decision and granted insurance.
For purposes of this section, "insurance" has the
meaning given in paragraph (h).
A parent who has requested a reduction in the contribution
amount under this paragraph shall submit proof in the form and manner
prescribed by the commissioner or county agency, including, but not limited to,
the insurer's denial of insurance, the written letter or complaint of the
parents, court documents, and the written response of the insurer approving
insurance. The determinations of the
commissioner or county agency under this paragraph are not rules subject to
chapter 14.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 22. Minnesota
Statutes 2002, section 253B.04, subdivision 1, is amended to read:
Subdivision 1.
[VOLUNTARY ADMISSION AND TREATMENT.] (a) Voluntary admission is
preferred over involuntary commitment and treatment. Any person 16 years of age or older may request to be admitted to
a treatment facility as a voluntary patient for observation, evaluation,
diagnosis, care and treatment without making formal written application. Any person under the age of 16 years may be
admitted as a patient with the consent of a parent or legal guardian if it is
determined by independent examination that there is reasonable evidence that
(1) the proposed patient has a mental illness, or is mentally retarded or
chemically dependent; and (2) the proposed patient is suitable for
treatment. The head of the treatment
facility shall not arbitrarily refuse any person seeking admission as a voluntary
patient. In making decisions regarding
admissions, the facility shall use clinical admission criteria consistent with
the current applicable inpatient admission standards established by the
American Psychiatric Association or the American Academy of Child and
Adolescent Psychiatry. These criteria
must be no more restrictive than, and must be consistent with, the requirements
of section 62Q.53. The facility may not
refuse to admit a person voluntarily solely because the person does not meet
the criteria for involuntary holds under section 253B.05 or the definition of
mental illness under section 253B.02, subdivision 13.
(b) In addition to the consent provisions of paragraph (a), a
person who is 16 or 17 years of age who refuses to consent personally to
admission may be admitted as a patient for mental illness or chemical
dependency treatment with the consent of a parent or legal guardian if it is
determined by an independent examination that there is reasonable evidence that
the proposed patient is chemically dependent or has a mental illness and is
suitable for treatment. The person
conducting the examination shall notify the proposed patient and the parent or
legal guardian of this determination.
(c) A person who is voluntarily participating in treatment
for a mental illness is not subject to civil commitment under this
chapter if the person:
(1) has given informed consent or, if lacking capacity, is
a person for whom legally valid substitute consent has been given;
and
(2) is participating in a medically appropriate course of
treatment, including clinically appropriate and lawful use of neuroleptic
medication and electroconvulsive therapy.
Notwithstanding this paragraph, the court may commit the
person if the court finds that, based on the person's recent history,
it is unlikely the person will remain in and cooperate with treatment
absent commitment. This paragraph does
not apply to a person for whom commitment proceedings are initiated pursuant
to rule 20.01 or 20.02 of the Rules of Criminal Procedure, or a person
found by the court to meet the requirements under section 253B.02,
subdivision 17.
Legally valid substitute consent may be provided by a proxy
under a health care directive, a guardian or conservator with authority
to consent to mental health treatment, or consent to admission under
subdivision 1a or 1b.
Sec. 23. Minnesota
Statutes 2002, section 253B.05, subdivision 3, is amended to read:
Subd. 3. [DURATION OF
HOLD.] (a) Any person held pursuant to this section may be held up to 72 hours,
exclusive of Saturdays, Sundays, and legal holidays after admission. If a petition for the commitment of the
person is filed in the district court in the county of the person's residence
or of the county in which the treatment facility is located, the court may
issue a judicial hold order pursuant to section 253B.07, subdivision 2b.
(b) During the 72-hour hold period, a court may not release a
person held under this section unless the court has received a written petition
for release and held a summary hearing regarding the release. The petition must include the name of the
person being held, the basis for and location of the hold, and a statement as
to why the hold is improper. The
petition also must include copies of any written documentation under
subdivision 1 or 2 in support of the hold, unless the person holding the
petitioner refuses to supply the documentation. The hearing must be held as soon as practicable and may be
conducted by means of a telephone conference call or similar method by which
the participants are able to simultaneously hear each other. If the court decides to release the person,
the court shall direct the release and shall issue written findings supporting
the decision. The release may not be
delayed pending the written order.
Before deciding to release the person, the court shall make every
reasonable effort to provide notice of the proposed release to:
(1) any specific individuals identified in a statement under
subdivision 1 or 2 or individuals identified in the record who might be
endangered if the person was not held;
(2) the examiner whose written statement was a basis for a hold
under subdivision 1; and
(3) the peace or health officer who applied for a hold under
subdivision 2.
(c) If a person is intoxicated in public and held under this
section for detoxification, a treatment facility may release the person
without providing notice under paragraph (d) as soon as the treatment
facility determines the person is no longer intoxicated.
(c) (d) If a treatment facility releases a person
during the 72-hour hold period, the head of the treatment facility shall
immediately notify the agency which employs the peace or health officer who
transported the person to the treatment facility under this section.
(e) A person held under a 72-hour emergency hold must be
released by the facility within 72 hours unless a court order to hold
the person is obtained. A consecutive
emergency hold order under this section may not be issued.
Sec. 24. Minnesota
Statutes 2002, section 256.012, is amended to read:
256.012 [MINNESOTA MERIT SYSTEM.]
Subdivision 1.
[PERSONNEL STANDARDS.] The commissioner of human services shall
promulgate by rule personnel standards on a merit basis in accordance with federal
standards for a merit system of personnel administration for all employees of
county boards engaged in the administration of community social services or
income maintenance programs, all employees of human services boards that have
adopted the rules of the Minnesota merit system, and all employees of local
social services agencies.
Excluded from the rules are employees of institutions and
hospitals under the jurisdiction of the aforementioned boards and agencies;
employees of county personnel systems otherwise provided for by law that meet
federal merit system requirements; duly appointed or elected members of the
aforementioned boards and agencies; and the director of community social
services and employees in positions that, upon the request of the appointing
authority, the commissioner chooses to exempt, provided the exemption accords
with the federal standards for a merit system of personnel administration.
Subd. 2.
[PAYMENT FOR SERVICES PROVIDED.] (a) The cost of merit system
operations shall be paid by counties and other entities that utilize
merit system services. Total costs
shall be determined by the commissioner annually and must be set at a
level that neither significantly over-recovers nor under-recovers the
costs of providing the service. The
costs of merit system services shall be prorated among participating
counties in accordance with an agreement between the commissioner and
these counties. Participating counties
will be billed quarterly in advance and shall pay their share of the
costs upon receipt of the billing.
(b) This subdivision does not apply to counties with personnel
systems otherwise provided by law that meet federal merit system
requirements. A county that applies to
withdraw from the merit system must notify the commissioner of the county's
intent to develop its own personnel system.
This notice must be provided in writing by December 31 of the
year preceding the year of final participation in the merit system. The
county may withdraw after the commissioner has certified that its
personnel system meets federal merit system requirements.
(c) A county merit system operations account is established
in the special revenue fund.
Payments received by the commissioner for merit system costs must
be deposited in the merit system operations account and must be used for
the purpose of providing the services and administering the merit
system.
(d) County payment of merit system costs is effective July
1, 2003, however payment for the period from July 1, 2003 through December
31, 2003, shall be made no later than January 31, 2004.
Subd. 3.
[PARTICIPATING COUNTY CONSULTATION.] The commissioner shall
ensure that participating counties are consulted regularly and offered
the opportunity to provide input on the management of the merit system
to ensure effective use of resources and to monitor system performance.
Sec. 25. Minnesota
Statutes 2002, section 256.935, subdivision 1, is amended to read:
Subdivision 1. [FUNERAL
BURIAL OR CREMATION EXPENSES.] On the death of any person receiving
public assistance through MFIP, the county agency shall pay an amount for funeral
burial or cremation expenses not exceeding the amount paid for
comparable services under section 261.035 plus actual cemetery charges. The county agency may pay for cremation
instead of burial expenses being respectful of cultural and religious
preferences of the decedent or the decedent's next of kin. No funeral burial or cremation
expenses shall be paid if the estate of the deceased is sufficient to pay such
expenses or if the spouse, who was legally responsible for the support of the
deceased while living, is able to pay such expenses; provided, that the
additional payment or donation of the cost of cemetery lot, interment,
religious service, or for the transportation of the body into or out of the
community in which the deceased resided, shall not limit payment by the county
agency as herein authorized. Freedom of
choice in the selection of a funeral director shall be granted to persons
lawfully authorized to make arrangements for the burial of any such deceased
recipient. In determining the
sufficiency of such estate, due regard shall be had for the nature and
marketability of the assets of the estate.
The county agency may grant funeral burial or cremation
expenses where the sale would cause undue loss to the estate. Any amount paid
for funeral burial or cremation expenses shall be a prior claim
against the estate, as provided in section 524.3-805, and any amount recovered
shall be reimbursed to the agency which paid the expenses. The commissioner shall specify
requirements for reports, including fiscal reports, according to section
256.01, subdivision 2, paragraph (17).
The state share shall pay the entire amount of county agency expenditures.
Benefits shall be issued to recipients by the state or county subject to
provisions of section 256.017.
Sec. 26. Minnesota Statutes 2002, section 256B.0911, subdivision 3, is
amended to read:
Subd. 3. [LONG-TERM
CARE CONSULTATION TEAM.] (a) A long-term care consultation team shall be
established by the county board of commissioners. Each local consultation team shall consist of at least one social
worker and at least one public health nurse from their respective county
agencies. The board may designate
public health or social services as the lead agency for long-term care
consultation services. If a county does
not have a public health nurse available, it may request approval from the
commissioner to assign a county registered nurse with at least one year
experience in home care to participate on the team. Two or more counties may collaborate to establish a joint local
consultation team or teams.
(b) The team is responsible for providing long-term care
consultation services to all persons located in the county who request the
services, regardless of eligibility for Minnesota health care programs.
Sec. 27. Minnesota
Statutes 2002, section 256F.13, subdivision 1, is amended to read:
Subdivision 1. [FEDERAL
REVENUE ENHANCEMENT.] (a) [DUTIES OF COMMISSIONER OF HUMAN SERVICES.] The
commissioner of human services may enter into an agreement with one or more
family services collaboratives to enhance federal reimbursement under Title
IV-E of the Social Security Act and federal administrative reimbursement under
Title XIX of the Social Security Act.
The commissioner may contract with the department of children, families,
and learning for purposes of transferring the federal reimbursement to the
commissioner of children, families, and learning to be distributed to the
collaboratives according to clause (2).
The commissioner shall have the following authority and responsibilities
regarding family services collaboratives:
(1) the commissioner shall submit amendments to state plans and
seek waivers as necessary to implement the provisions of this section;
(2) the commissioner shall pay the federal reimbursement earned
under this subdivision to each collaborative based on their earnings. Payments to collaboratives for expenditures
under this subdivision will only be made of federal earnings from services
provided by the collaborative;
(3) the commissioner shall review expenditures of family
services collaboratives using reports specified in the agreement with the
collaborative to ensure that the base level of expenditures is continued and
new federal reimbursement is used to expand fund education,
social, health, or health-related services to young children and their
families;
(4) the commissioner may reduce, suspend, or eliminate a
family services collaborative's obligations to continue the base level of
expenditures or expansion of services if the commissioner determines that one
or more of the following conditions apply:
(i) imposition of levy limits that significantly reduce
available funds for social, health, or health-related services to families and
children;
(ii) reduction in the net tax capacity of the taxable
property eligible to be taxed by the lead county or subcontractor that
significantly reduces available funds for education, social, health, or
health-related services to families and children;
(iii) reduction in the number of children under age 19 in
the county, collaborative service delivery area, subcontractor's district, or
catchment area when compared to the number in the base year using the most
recent data provided by the state demographer's office; or
(iv) termination of the federal revenue earned under the
family services collaborative agreement;
(5) the commissioner shall not
use the federal reimbursement earned under this subdivision in determining the
allocation or distribution of other funds to counties or collaboratives;
(6) (5) the commissioner may suspend, reduce, or
terminate the federal reimbursement to a provider that does not meet the
reporting or other requirements of this subdivision;
(7) (6) the commissioner shall recover from the
family services collaborative any federal fiscal disallowances or sanctions for
audit exceptions directly attributable to the family services collaborative's
actions in the integrated fund, or the proportional share if federal fiscal
disallowances or sanctions are based on a statewide random sample; and
(8) (7) the commissioner shall establish criteria
for the family services collaborative for the accounting and financial
management system that will support claims for federal reimbursement.
(b) [FAMILY SERVICES COLLABORATIVE RESPONSIBILITIES.] The
family services collaborative shall have the following authority and
responsibilities regarding federal revenue enhancement:
(1) the family services collaborative shall be the party with
which the commissioner contracts. A
lead county shall be designated as the fiscal agency for reporting, claiming,
and receiving payments;
(2) the family services collaboratives may enter into
subcontracts with other counties, school districts, special education
cooperatives, municipalities, and other public and nonprofit entities for
purposes of identifying and claiming eligible expenditures to enhance federal
reimbursement, or to expand education, social, health, or health-related
services to families and children;
(3) the family services collaborative must continue the base
level of expenditures for education, social, health, or health-related services
to families and children from any state, county, federal, or other public or
private funding source which, in the absence of the new federal reimbursement
earned under this subdivision, would have been available for those services,
except as provided in subdivision 1, paragraph (a), clause (4). The base year for purposes of this
subdivision shall be the four-quarter calendar year ending at least two
calendar quarters before the first calendar quarter in which the new federal
reimbursement is earned;
(4) the family services collaborative must use all new federal
reimbursement resulting from federal revenue enhancement to expand make
expenditures for education, social, health, or health-related services to
families and children beyond the base level, except as provided in subdivision
1, paragraph (a), clause (4);
(5) the family services collaborative must ensure that
expenditures submitted for federal reimbursement are not made from federal
funds or funds used to match other federal funds. Notwithstanding section
256B.19, subdivision 1, for the purposes of family services collaborative
expenditures under agreement with the department, the nonfederal share of costs
shall be provided by the family services collaborative from sources other than
federal funds or funds used to match other federal funds;
(6) the family services collaborative must develop and maintain
an accounting and financial management system adequate to support all claims
for federal reimbursement, including a clear audit trail and any provisions
specified in the agreement; and
(7) the family services collaborative shall submit an annual
report to the commissioner as specified in the agreement.
Sec. 28. Minnesota Statutes 2002, section 256F.13, subdivision 2, is
amended to read:
Subd. 2. [AGREEMENTS
WITH FAMILY SERVICES COLLABORATIVES.] At a minimum, the agreement between the
commissioner and the family services collaborative shall include the following
provisions:
(1) specific documentation of the expenditures eligible for
federal reimbursement;
(2) the process for developing and submitting claims to the
commissioner;
(3) specific identification of the education, social, health,
or health-related services to families and children which are to be expanded
funded with the federal reimbursement;
(4) reporting and review procedures ensuring that the family
services collaborative must continue the base level of expenditures for the
education, social, health, or health-related services for families and children
as specified in subdivision 2, clause (3) that emphasize the minimum
number of data elements necessary;
(5) reporting and review procedures to ensure that federal
revenue earned under this section is spent specifically to expand fund
education, social, health, or health-related services for families and children
as specified in subdivision 2, clause (4);
(6) the period of time, not to exceed three years, governing
the terms of the agreement and provisions for amendments to, and renewal of the
agreement; and
(7) an annual report prepared by the family services
collaborative.
Sec. 29. Minnesota
Statutes 2002, section 261.035, is amended to read:
261.035 [FUNERALS BURIAL AT EXPENSE OF COUNTY.]
When a person dies in any county without apparent means to
provide for that person's funeral or final disposition burial or cremation,
the county board shall first investigate to determine whether that person had
contracted for any prepaid funeral arrangements. If arrangements have been made, the county shall authorize
arrangements to be implemented in accord with the instructions of the
deceased. If it is determined that the
person did not leave sufficient means to defray the necessary expenses of a funeral
and final disposition burial or cremation, nor any spouse of
sufficient ability to procure the burial or cremation, the county
board shall provide for a funeral and final disposition burial or
cremation, being respectful of cultural and religious preferences,
of the person's remains to be made at the expense of the county. Any funeral and final disposition burial
or cremation provided at the expense of the county shall be in accordance
with religious and moral beliefs of the decedent or the decedent's spouse or
the decedent's next of kin. If the
wishes of the decedent are not known and the county has no information about
the existence of or location of any next of kin, the county may determine the
method of final disposition.
Sec. 30. Minnesota
Statutes 2002, section 393.07, subdivision 1, is amended to read:
Subdivision 1. [PUBLIC
CHILD WELFARE PROGRAM.] (a) To assist in carrying out the child protection,
delinquency prevention and family assistance responsibilities of the state, the
local social services agency shall administer a program of social services and
financial assistance to be known as the public child welfare program. The public child welfare program shall be
supervised by the commissioner of human services and administered by the local
social services agency in accordance with law and with rules of the
commissioner.
(b) The purpose of the public child
welfare program is to assure protection for and financial assistance to
children who are confronted with social, physical, or emotional problems
requiring protection and assistance.
These problems include, but are not limited to the following:
(1) mental, emotional, or physical handicap;
(2) birth of a child to a mother who was not married to the
child's father when the child was conceived nor when the child was born,
including but not limited to costs of prenatal care, confinement and other care
necessary for the protection of a child born to a mother who was not married to
the child's father at the time of the child's conception nor at the birth;
(3) dependency, neglect;
(4) delinquency;
(5) abuse or rejection of a child by its parents;
(6) absence of a parent or guardian able and willing to provide
needed care and supervision;
(7) need of parents for assistance with child rearing problems,
or in placing the child in foster care.
(c) A local social services agency shall make the services of
its public child welfare program available as required by law, by the
commissioner, or by the courts and shall cooperate with other agencies, public
or private, dealing with the problems of children and their parents as provided
in this subdivision.
The public child welfare program shall be available in
divorce cases for investigations of children and home conditions and for
supervision of children when directed by the court hearing the divorce.
(d) A local social services agency may rent, lease, or purchase
property, or in any other way approved by the commissioner, contract with
individuals or agencies to provide needed facilities for foster care of
children. It may purchase services or
child care from duly authorized individuals, agencies or institutions when in
its judgment the needs of a child or the child's family can best be met in this
way.
Sec. 31. Minnesota
Statutes 2002, section 393.07, subdivision 5, is amended to read:
Subd. 5. [COMPLIANCE
WITH FEDERAL SOCIAL SECURITY ACT; MERIT SYSTEM.] The commissioner of human
services shall have authority to require such methods of administration as are
necessary for compliance with requirements of the federal Social Security Act,
as amended, and for the proper and efficient operation of all welfare
programs. This authority to require
methods of administration includes methods relating to the establishment and
maintenance of personnel standards on a merit basis as concerns all employees
of local social services agencies except those employed in an institution,
sanitarium, or hospital. The
commissioner of human services shall exercise no authority with respect to the
selection, tenure of office, and compensation of any individual employed in
accordance with such methods. The
adoption of methods relating to the establishment and maintenance of personnel
standards on a merit basis of all such employees of the local social services
agencies and the examination thereof, and the administration thereof shall be
directed and controlled exclusively by the commissioner of human services.
Notwithstanding the provisions of any other law to the
contrary, every employee of every local social services agency who occupies a
position which requires as prerequisite to eligibility therefor graduation from
an accredited four year college or a certificate of registration as a
registered nurse under section 148.231, must be employed in such position under
the merit system established under authority of this subdivision. Every such employee now employed
by a local social services agency and who is not under said merit system is
transferred, as of January 1, 1962, to a position of comparable classification
in the merit system with the same status therein as the employee had in the
county of employment prior thereto and every such employee shall be subject to
and have the benefit of the merit system, including seniority within the local
social services agency, as though the employee had served thereunder from the
date of entry into the service of the local social services agency.
By March 1, 1996, the commissioner of human services shall
report to the chair of the senate health care and family services finance
division and the chair of the house health and human services finance division
on options for the delivery of merit-based employment services by entities
other than the department of human services in order to reduce the
administrative costs to the state while maintaining compliance with applicable
federal regulations.
Sec. 32. Minnesota
Statutes 2002, section 518.167, subdivision 1, is amended to read:
Subdivision 1. [COURT
ORDER.] In contested custody proceedings, and in other custody proceedings if a
parent or the child's custodian requests, the court may order an investigation
and report concerning custodial arrangements for the child. If the county elects to conduct an
investigation, the county may charge a fee. The investigation and report may be made by
the county welfare agency or department of court services or a private
vendor.
Sec. 33. Minnesota
Statutes 2002, section 518.551, subdivision 7, is amended to read:
Subd. 7. [SERVICE
FEE FEES AND COST RECOVERY FEES FOR IV-D SERVICES.] When
the public agency responsible for child support enforcement provides child
support collection services either to a public assistance recipient or to a
party who does not receive public assistance, the public agency may upon
written notice to the obligor charge a monthly collection fee equivalent to the
full monthly cost to the county of providing collection services, in addition
to the amount of the child support which was ordered by the court. The fee shall be deposited in the county
general fund. The service fee assessed
is limited to ten percent of the monthly court ordered child support and shall
not be assessed to obligors who are current in payment of the monthly court
ordered child support. (a) When a recipient of IV-D services is
no longer receiving assistance under the state's title IV-A, IV-E foster
care, medical assistance, or MinnesotaCare programs, the public
authority responsible for child support enforcement must notify the
recipient, within five working days of the notification of
ineligibility, that IV-D services will be continued unless the public
authority is notified to the contrary by the recipient. The notice must include the
implications of continuing to receive IV-D services, including the
available services and fees, cost recovery fees, and distribution
policies relating to fees.
(b) An application fee of $25 shall be paid by the
person who applies for child support and maintenance collection services,
except persons who are receiving public assistance as defined in section
256.741 and, if enacted, the diversionary work program under section
256J.95, persons who transfer from public assistance to nonpublic
assistance status, and minor parents and parents enrolled in a public secondary
school, area learning center, or alternative learning program approved by the
commissioner of children, families, and learning.
(c) When the public authority provides full IV-D services
to an obligee who has applied for those services, upon written notice
to the obligee, the public authority must charge a cost recovery fee of
two percent of the amount collected.
This fee must be deducted from the amount of the child support
and maintenance collected and not assigned under section 256.741, before
disbursement to the obligee. This fee
does not apply to an obligee who:
(1) is currently receiving assistance under the state's title
IV-A, IV-E foster care, medical assistance, or MinnesotaCare programs;
or
(2) has received assistance under the state's title IV-A or
IV-E foster care programs, until the person has not received this
assistance for 24 consecutive months.
(d) When the public authority provides full IV-D
services to an obligor who has applied for such services, upon written
notice to the obligor, the public authority must charge a cost recovery
fee of two percent of the monthly court ordered child support and
maintenance obligation. The fee may be
collected through income withholding, as well as by any other
enforcement remedy available to the public authority responsible for
child support enforcement.
(e) Fees assessed by state and federal tax agencies for
collection of overdue support owed to or on behalf of a person not receiving
public assistance must be imposed on the person for whom these services are
provided. The public authority upon
written notice to the obligee shall assess a fee of $25 to the person not
receiving public assistance for each successful federal tax interception. The fee must be withheld prior to the
release of the funds received from each interception and deposited in the general
fund.
(f) Cost recovery fees collected under paragraphs (c) and
(d) shall be considered child support program income according to
Code of Federal Regulations, title 45, section 304.50, and shall be
deposited in the cost recovery fee account established under paragraph
(h). The commissioner of human services
must elect to recover costs based on either actual or standardized costs.
However, (g) The limitations of this subdivision
on the assessment of fees shall not apply to the extent inconsistent with the
requirements of federal law for receiving funds for the programs under Title
IV-A and Title IV-D of the Social Security Act, United States Code, title 42,
sections 601 to 613 and United States Code, title 42, sections 651 to 662.
(h) The commissioner of human services is authorized to establish
a special revenue fund account to receive child support cost recovery
fees. A portion of the nonfederal share
of these fees may be retained for expenditures necessary to administer
the fee, and must be transferred to the child support system special
revenue account. The remaining
nonfederal share of the cost recovery fee must be retained by the
commissioner and dedicated to the child support general fund county performance
based grant account authorized under sections 256.979 and 256.9791.
[EFFECTIVE DATE.] This
section is effective July 1, 2004, except paragraph (d) is effective
July 1, 2005.
Sec. 34. Minnesota
Statutes 2002, section 518.6111, subdivision 2, is amended to read:
Subd. 2. [APPLICATION.]
This section applies to all support orders issued by a court or an
administrative tribunal and orders for or notices of withholding issued by the
public authority according to section 518.5513, subdivision 5, paragraph
(a), clause (5).
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 35. Minnesota
Statutes 2002, section 518.6111, subdivision 3, is amended to read:
Subd. 3. [ORDER.] Every
support order must address income withholding.
Whenever a support order is initially entered or modified, the full
amount of the support order must be withheld subject to income
withholding from the income of the obligor. If the obligee or obligor applies for either full IV-D services
or for income withholding only services from the public authority
responsible for child support enforcement, the full amount of the
support order must be withheld from the income of the obligor and
forwarded to the public authority.
Every order for support or maintenance shall provide for a conspicuous
notice of the provisions of this section that complies with section 518.68,
subdivision 2. An order without this
notice remains subject to this section.
This section applies regardless of the source of income of the person
obligated to pay the support or maintenance.
A payor of funds shall implement income withholding according
to this section upon receipt of an order for or notice of withholding. The notice of withholding shall be on a form
provided by the commissioner of human services.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 36. Minnesota
Statutes 2002, section 518.6111, subdivision 4, is amended to read:
Subd. 4. [COLLECTION
SERVICES.] (a) The commissioner of human services shall prepare and make
available to the courts a notice of services that explains child support and
maintenance collection services available through the public authority,
including income withholding, and the fees for such services. Upon
receiving a petition for dissolution of marriage or legal separation, the court
administrator shall promptly send the notice of services to the petitioner and
respondent at the addresses stated in the petition.
(b) Either the obligee or obligor may at any time apply to
the public authority for either full IV-D services or for income withholding
only services.
Upon receipt of a support order requiring income
withholding, a petitioner or respondent, who is not a recipient of public
assistance and does not receive child support services from the public
authority, shall apply to the public authority for either full child support
collection services or for income withholding only services.
(c) For those persons applying for income withholding
only services, a monthly service fee of $15 must be charged to the
obligor. This fee is in addition to the
amount of the support order and shall be withheld through income
withholding. The public authority shall
explain the service options in this section to the affected parties and
encourage the application for full child support collection services.
(d) If the obligee is not a current recipient of public assistance
as defined in section 256.741, the person who applied for services may
at any time choose to terminate either full IV-D services or income
withholding only services regardless of whether income withholding is
currently in place. The obligee or
obligor may reapply for either full IV-D services or income withholding
only services at any time. Unless the
applicant is a recipient of public assistance as defined in section
256.741, a $25 application fee shall be charged at the time of each application.
(e) When a person terminates IV-D services, if an arrearage
for public assistance as defined in section 256.741 exists, the public
authority may continue income withholding, as well as use any other
enforcement remedy for the collection of child support, until all public
assistance arrears are paid in full. Income withholding shall be in an
amount equal to 20 percent of the support order in effect at the time
the services terminated.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 37. Minnesota
Statutes 2002, section 518.6111, subdivision 16, is amended to read:
Subd. 16. [WAIVER.] (a)
If the public authority is providing child support and maintenance
enforcement services and child support or maintenance is not assigned under
section 256.741, the court may waive the requirements of this section if the
court finds there is no arrearage in child support and maintenance as of the
date of the hearing and:
(1) one party demonstrates and the court finds determines
there is good cause to waive the requirements of this section or to terminate
an order for or notice of income withholding previously entered under this
section. The court must make written
findings to include the reasons income withholding would not be in the
best interests of the child. In cases
involving a modification of support, the court must also make a finding
that support payments have been timely made; or
(2) all parties reach an the obligee and obligor sign
a written agreement and the agreement providing for an
alternative payment arrangement which is approved reviewed
and entered in the record by the court after a finding that the
agreement is likely to result in regular and timely payments. The court's findings waiving the
requirements of this paragraph shall include a written explanation of the
reasons why income withholding would not be in the best interests of the child.
In addition to the other requirements in this
subdivision, if the case involves a modification of support, the court shall
make a finding that support has been timely made.
(b) If the public authority is not providing child support
and maintenance enforcement services and child support or maintenance
is not assigned under section 256.741, the court may waive the
requirements of this section if the parties sign a written agreement.
(c) If the court waives income withholding, the obligee
or obligor may at any time request income withholding under subdivision 7.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 38. [MANDATE
IDENTIFICATION; REPORT TO LEGISLATURE.]
The commissioners of health and human services must identify required state
services or programs in law or rule that are under each agency's
respective jurisdictions, the administration or provision of which the
state has delegated to the counties.
For each state-mandated service or program, the commissioner must
describe:
(1) the year enacted and the scope of the service or program;
(2) the funding sources for the service or program; and
(3) related federal requirements and support.
The commissioners must seek
the advice of the county officials knowledgeable about the state-mandated services
and programs, county associations, consumer representatives, and service
or program providers. Each
commissioner must submit a report to the house and senate committees
with jurisdiction over the budget of departments of health and human
services by January 15, 2004.
[EFFECTIVE DATE;
EXPIRATION DATE.] This section is effective the day following
final enactment and expires June 30, 2005.
Sec. 39.
[STATE-OPERATED SERVICES STUDY.]
(a) Before restructuring state-operated services, redesigning
the mental health safety net, or reducing reliance on large institutions,
the commissioner shall review and study the President's New Freedom
Commission on Mental Health final report. The commissioner shall report on whether the commissioner's
plan to restructure state-operated services is consistent with the
recommendations in the final report and how the state can implement the
recommendations in the final report.
(b) The commissioner of human services shall study alternate
methods of providing services to persons with developmental disabilities
served by state-operated community services (SOCS) and other providers,
including, but not limited to, the needs of the persons served, the cost
effectiveness of the services provided, whether alternate populations
can be served in SOCS, and if the services could be privatized. The commissioner shall also study the
Minnesota extended treatment options, including an analysis of the
population served by the program and the effectiveness of the
program. The commissioner shall
report on the results of the study under this section to the chairs of
the house and senate committees with jurisdiction over state-operated
services by January 15, 2004.
Sec. 40. [REDUCING
DUPLICATIVE HEALTH AND HUMAN SERVICES LICENSING ACTIVITIES; REPORT TO
LEGISLATURE.]
(a) The commissioners of health and human services shall
submit a report to the chairs of the house and senate committees with
jurisdiction over health and human services licensing by December 15,
2003, regarding how to reduce duplicative licensing activities by the
departments of health and human services.
(b) The report must include draft legislation providing for:
(1) the licensure of intermediate care facilities for persons
with mental retardation or related conditions or ICFs/MR by either the
commissioner of health or human services.
In developing the draft legislation, the commissioners, in consultation
with provider and advocacy organizations, shall review:
(i) current state regulations enforced by the commissioner
of human services under Minnesota Statutes, chapter 245B; the psychotropic
medication use checklist under Minnesota Statutes, section 245B.02,
subdivision 19; and Minnesota Rules, parts 9525.2700 to 9525.2810,
governing the use of aversive and deprivation procedures; and
(ii) current state regulations enforced by the commissioner
of health under Minnesota Statutes, chapter 144, and Minnesota Rules,
chapter 4665.
The draft legislation must codify the regulations and provisions
listed in items (i) and (ii) in Minnesota Statutes, chapter 144 or 245B,
depending upon which commissioner is recommended to license
ICFs/MR. The draft legislation also
must repeal all rules made obsolete by the proposed codification of the
regulations; and
(2) the licensure of residential adult mental illness treatment
programs and chemical dependency treatment programs by the commissioner
of human services. The commissioners,
in consultation with provider and advocacy organizations, shall review
current regulations enforced by the commissioner of health in
nonhospital-based residential adult mental illness and chemical
dependency treatment programs to determine whether the commissioner of
human services should enforce the regulations. If the commissioners
determine that the commissioner of human services should enforce the
regulations, the draft legislation must address how the provisions in
the regulations should be codified in Minnesota Statutes, chapter 245A.
(c) The report also must include an analysis of:
(1) whether the international fire and building codes, effective
in calendar year 2003, provide comparable and adequate physical plant
safeguards when compared to the supervised living facility class B
licensing standards. The commissioner
must analyze whether a board and lodging license combined with a human
services program license will maintain at least the current safety
levels in supervised living facility class B facilities. If the commissioners determine that there is
likely no adverse effect on the health and safety of persons receiving
services from the adult mental illness or chemical dependency programs
or ICFs/MR, the draft legislation must repeal the supervised living
facility regulations and require board and lodging licensure for these
programs; and
(2) the funding implications for any proposed change to the
commissioners' responsibilities for licensing activities, including
the impact on the general fund and the state government special revenue
fund.
Sec. 41. [REVISOR'S
INSTRUCTION.]
For sections in Minnesota Statutes and Minnesota Rules affected
by the repealed sections in this article, the revisor shall delete
internal cross-references where appropriate and make changes necessary
to correct the punctuation, grammar, or structure of the remaining text
and preserve its meaning.
Sec. 42. [REPEALER.]
(a) Minnesota Statutes 2002, sections 145A.17, subdivision
9; 245.478; 245.4888; 245.714; 256B.0945, subdivisions 6, 7, 8, and
10; 256B.83; and 256F.10, subdivision 7, are repealed.
(b) Minnesota Rules, parts 9545.2000; 9545.2010; 9545.2020;
9545.2030; and 9545.2040, are repealed.
ARTICLE
8
HEALTH
DEPARTMENT MISCELLANEOUS
Section 1. Minnesota
Statutes 2002, section 62A.65, subdivision 7, is amended to read:
Subd. 7. [SHORT-TERM
COVERAGE.] (a) For purposes of this section, "short-term coverage"
means an individual health plan that:
(1) is issued to provide coverage for a period of 185 days or
less, except that the health plan may permit coverage to continue until the end
of a period of hospitalization for a condition for which the covered person was
hospitalized on the day that coverage would otherwise have ended;
(2) is nonrenewable, provided that the health carrier may
provide coverage for one or more subsequent periods that satisfy clause (1), if
the total of the periods of coverage do not exceed a total of 185 555
days out of any 365-day 730-day period, plus any additional days
covered as a result of hospitalization on the day that a period of coverage
would otherwise have ended;
(3) does not cover any preexisting conditions, including ones
that originated during a previous identical policy or contract with the same
health carrier where coverage was continuous between the previous and the
current policy or contract; and
(4) is available with an immediate effective date without
underwriting upon receipt of a completed application indicating eligibility
under the health carrier's eligibility requirements, provided that coverage
that includes optional benefits may be offered on a basis that does not meet
this requirement.
(b) Short-term coverage is not subject to subdivisions 2 and
5. Short-term coverage may exclude as a
preexisting condition any injury, illness, or condition for which the covered
person had medical treatment, symptoms, or any manifestations before the effective
date of the coverage, but dependent children born or placed for adoption during
the policy period must not be subject to this provision.
(c) Notwithstanding subdivision 3, and section 62A.021, a
health carrier may combine short-term coverage with its most commonly sold
individual qualified plan, as defined in section 62E.02, other than short-term
coverage, for purposes of complying with the loss ratio requirement.
(d) The 185 555 day coverage limitation provided
in paragraph (a) applies to the total number of days of short-term coverage
that covers a person, regardless of the number of policies, contracts, or
health carriers that provide the coverage.
A written application for short-term coverage must ask the applicant
whether the applicant has been covered by short-term coverage by any health
carrier within the 365 730 days immediately preceding the
effective date of the coverage being applied for. Short-term coverage issued in violation of the 185-day 555-day
limitation is valid until the end of its term and does not lose its status as
short-term coverage, in spite of the violation. A health carrier that knowingly issues short-term coverage in
violation of the 185-day 555-day limitation is subject to the
administrative penalties otherwise available to the commissioner of commerce or
the commissioner of health, as appropriate.
(e) Time spent under short-term
coverage counts as time spent under a preexisting condition limitation for
purposes of group or individual health plans, other than short-term coverage,
subsequently issued to that person, or to cover that person, by any health
carrier, if the person maintains continuous coverage as defined in section
62L.02. Short-term coverage is a health
plan and is qualifying coverage as defined in section 62L.02. Notwithstanding any other law to the
contrary, a health carrier is not required under any circumstances to provide a
person covered by short-term coverage the right to obtain coverage on a
guaranteed issue basis under another health plan offered by the health carrier,
as a result of the person's enrollment in short-term coverage.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to
policies issued on or after that date.
Sec. 2. Minnesota
Statutes 2002, section 62D.095, subdivision 2, is amended to read:
Subd. 2. [CO-PAYMENTS.]
(a) A health maintenance contract may impose a co-payment as authorized under
Minnesota Rules, part 4685.0801, or under this section.
(b) A health maintenance contract may impose a flat fee co-payment
on outpatient office visits and prescription drugs not to exceed 50
percent of the median provider's charges for similar services or goods
received by enrollees as calculated under Minnesota Rules, part
4685.0801, subparts 3 and 4.
(c) If a health maintenance contract is permitted to
impose a co-payment for preexisting health status under sections 62D.01 to
62D.30, these provisions may vary with respect to length of enrollment in the
health plan.
Sec. 3. Minnesota Statutes
2002, section 62D.095, is amended by adding a subdivision to read:
Subd. 6. [PUBLIC
PROGRAMS.] This section does not apply to the prepaid medical
assistance program, the MinnesotaCare program, the prepaid general
assistance program, the federal Medicare program, or the health plans
provided through any of those programs.
Sec. 4. Minnesota
Statutes 2002, section 62J.692, subdivision 4, is amended to read:
Subd. 4. [DISTRIBUTION
OF FUNDS.] (a) The commissioner shall annually distribute medical education
funds to all qualifying applicants based on the following criteria:
(1) total medical education funds available for distribution;
(2) total number of eligible trainee FTEs in each clinical
medical education program; and
(3) the statewide average cost per trainee as determined by the
application information provided in the first year of the biennium, by type of
trainee, in each clinical medical education program.
(b) Funds distributed shall not be used to displace current
funding appropriations from federal or state sources.
(c) Funds shall be distributed to the sponsoring institutions
indicating the amount to be distributed to each of the sponsor's clinical
medical education programs based on the criteria in this subdivision and in
accordance with the commissioner's approval letter. Each clinical medical education program must distribute funds to
the training sites as specified in the commissioner's approval letter. Sponsoring institutions, which are
accredited through an organization recognized by the department of education or
the Centers for Medicare and Medicaid Services, may contract directly with
training sites to provide clinical training.
To ensure the quality of clinical training, those accredited sponsoring
institutions must:
(1) develop contracts specifying the
terms, expectations, and outcomes of the clinical training conducted at sites;
and
(2) take necessary action if the contract requirements are not
met. Action may include the withholding
of payments under this section or the removal of students from the site.
(d) Any funds not distributed in accordance with the
commissioner's approval letter must be returned to the medical education and
research fund within 30 days of receiving notice from the commissioner. The commissioner shall distribute returned
funds to the appropriate training sites in accordance with the commissioner's
approval letter.
(e) The commissioner shall distribute by June 30 of each year
an amount equal to the funds transferred under section 62J.694, subdivision
2a, paragraph (b) subdivision 10, plus five percent interest to the
University of Minnesota board of regents for the costs of the academic
health center as specified under section 62J.694, subdivision 2a, paragraph
(a). instructional costs of health professional programs at the
academic health center and for interdisciplinary academic initiatives
within the academic health center.
(f) A maximum of $150,000 of the funds dedicated to the commissioner
under section 297F.10, subdivision 1, paragraph (b), clause (2), may be
used by the commissioner for administrative expenses associated with
implementing this section.
Sec. 5. Minnesota
Statutes 2002, section 62J.692, is amended by adding a subdivision to read:
Subd. 10. [TRANSFERS
FROM UNIVERSITY OF MINNESOTA.] Of the funds dedicated to the academic
health center under section 297F.10, subdivision 1, paragraph (b),
clause (1), $4,850,000 shall be transferred annually to the commissioner
of health no later than April 15 of each year for distribution under
subdivision 4, paragraph (e).
Sec. 6. Minnesota
Statutes 2002, section 62Q.19, subdivision 1, is amended to read:
Subdivision 1.
[DESIGNATION.] (a) The commissioner shall designate essential
community providers. The criteria for
essential community provider designation shall be the following:
(1) a demonstrated ability to integrate applicable supportive
and stabilizing services with medical care for uninsured persons and high-risk
and special needs populations, underserved, and other special needs
populations; and
(2) a commitment to serve low-income and underserved
populations by meeting the following requirements:
(i) has nonprofit status in accordance with chapter 317A;
(ii) has tax exempt status in accordance with the Internal
Revenue Service Code, section 501(c)(3);
(iii) charges for services on a sliding fee schedule based on
current poverty income guidelines; and
(iv) does not restrict access or services because of a client's
financial limitation;
(3) status as a local government unit as defined in section
62D.02, subdivision 11, a hospital district created or reorganized under
sections 447.31 to 447.37, an Indian tribal government, an Indian health
service unit, or a community health board as defined in chapter 145A;
(4) a former state hospital that
specializes in the treatment of cerebral palsy, spina bifida, epilepsy, closed
head injuries, specialized orthopedic problems, and other disabling conditions;
or
(5) a rural hospital that has qualified for a sole
community hospital financial assistance grant in the past three years under
section 144.1484, subdivision 1.
For these rural hospitals, the essential community provider designation
applies to all health services provided, including both inpatient and
outpatient services. For purposes of
this section, "sole community hospital" means a rural hospital
that:
(i) is eligible to be classified as a sole community hospital
according to Code of Federal Regulations, title 42, section 412.92, or
is located in a community with a population of less than 5,000 and
located more than 25 miles from a like hospital currently providing
acute short-term services;
(ii) has experienced net operating income losses in two of
the previous three most recent consecutive hospital fiscal years for
which audited financial information is available; and
(iii) consists of 40 or fewer licensed beds.
(b) Prior to designation, the commissioner shall publish
the names of all applicants in the State Register. The public shall have 30 days from the date of publication to
submit written comments to the commissioner on the application. No designation shall be made by the
commissioner until the 30-day period has expired.
(c) The commissioner may designate an eligible provider
as an essential community provider for all the services offered by that
provider or for specific services designated by the commissioner.
(d) For the purpose of this subdivision, supportive and
stabilizing services include at a minimum, transportation, child care,
cultural, and linguistic services where appropriate.
Sec. 7. Minnesota
Statutes 2002, section 144.1222, is amended by adding a subdivision to read:
Subd. 1a.
[FEES.] All plans and specifications for public swimming pool
and spa construction, installation, or alteration or requests for a
variance that are submitted to the commissioner according to Minnesota
Rules, part 4717.3975, shall be accompanied by the appropriate
fees. If the commissioner determines,
upon review of the plans, that inadequate fees were paid, the necessary
additional fees shall be paid before plan approval. For purposes of determining fees, a project
is defined as a proposal to construct or install a public pool, spa,
special purpose pool, or wading pool and all associated water treatment
equipment and drains, gutters, decks, water recreation features, spray
pads, and those design and safety features that are within five feet of
any pool or spa. The commissioner
shall charge the following fees for plan review and inspection of public
pools and spas and for requests for variance from the public pool and
spa rules:
(1) each spa pool, $500;
(2) projects valued at $250,000 or less, a minimum of $800
per pool plus:
(i) for each slide, an additional $400; and
(ii) for each spa pool, an additional $500;
(3) projects valued at $250,000 or more, 0.5 percent of documented
estimated project cost to a maximum fee of $10,000;
(4) alterations to an existing pool without changing the
size or configuration of the pool, $400;
(5) removal or replacement of pool
disinfection equipment only, $75; and
(6) request for variance from the public pool and spa rules,
$500.
Sec. 8. Minnesota
Statutes 2002, section 144.125, is amended to read:
144.125 [TESTS OF INFANTS FOR INBORN METABOLIC ERRORS HERITABLE
AND CONGENITAL DISORDERS.]
Subdivision 1.
[DUTY TO PERFORM TESTING.] It is the duty of (1) the administrative
officer or other person in charge of each institution caring for infants 28
days or less of age, (2) the person required in pursuance of the provisions of
section 144.215, to register the birth of a child, or (3) the nurse midwife or
midwife in attendance at the birth, to arrange to have administered to every
infant or child in its care tests for inborn errors of metabolism in
accordance with heritable and congenital disorders according to
subdivision 2 and rules prescribed by the state commissioner of
health. In determining which tests
must be administered, the commissioner shall take into consideration the
adequacy of laboratory methods to detect the inborn metabolic error, the
ability to treat or prevent medical conditions caused by the inborn metabolic
error, and the severity of the medical conditions caused by the inborn
metabolic error. Testing and the
recording and reporting of test results shall be performed at the times and in
the manner prescribed by the commissioner of health. The commissioner shall charge laboratory service fees so that the
total of fees collected will approximate the costs of conducting the tests and
implementing and maintaining a system to follow-up infants with inborn
metabolic errors heritable or congenital disorders. The laboratory service fee is $61 per
specimen. Costs associated with
capital expenditures and the development of new procedures may be prorated over
a three-year period when calculating the amount of the fees.
Subd. 2.
[DETERMINATION OF TESTS TO BE ADMINISTERED.] The commissioner
shall periodically revise the list of tests to be administered for
determining the presence of a heritable or congenital disorder. Revisions to the list shall reflect advances
in medical science, new and improved testing methods, or other factors
that will improve the public health. In
determining whether a test must be administered, the commissioner
shall take into consideration the adequacy of laboratory methods to
detect the heritable or congenital disorder, the ability to treat or
prevent medical conditions caused by the heritable or congenital
disorder, and the severity of the medical conditions caused by the
heritable or congenital disorder.
The list of tests to be performed may be revised if the changes
are recommended by the advisory committee established under section
144.1255, approved by the commissioner, and published in the State
Register. The revision is exempt
from the rulemaking requirements in chapter 14 and sections 14.385 and
14.386 do not apply.
Subd. 3.
[OBJECTION OF PARENTS TO TEST.] Persons with a duty to perform
testing under subdivision 1 shall advise parents of infants that the
blood or tissue samples used to perform testing thereunder as well as
the results of such testing may be retained by the department of
health. If the parents of an infant
object in writing to testing for heritable and congenital disorders, the
objection shall be recorded on a form that is signed by a parent or
legal guardian and made part of the infant's medical record. A written objection exempts an infant from
the requirements of this section and section 144.128.
Sec. 9. [144.1255]
[ADVISORY COMMITTEE ON HERITABLE AND CONGENITAL DISORDERS.]
Subdivision 1.
[CREATION AND MEMBERSHIP.] (a) By July 1, 2003, the
commissioner of health shall appoint an advisory committee to provide
advice and recommendations to the commissioner concerning tests and
treatments for heritable and congenital disorders found in newborn
children. Membership of the
committee shall include, but not be limited to, at least one member from
each of the following representative groups:
(1) parents and other consumers;
(2) primary care providers;
(3) clinicians and researchers specializing in newborn diseases
and disorders;
(4) genetic counselors;
(5) birth hospital representatives;
(6) newborn screening laboratory professionals;
(7) nutritionists; and
(8) other experts as needed representing related fields such
as emerging technologies and health insurance.
(b) The terms and removal of members are governed by section
15.059. Members shall not receive per
diems but shall be compensated for expenses. Notwithstanding section 15.059, subdivision 5, the
advisory committee does not expire.
Subd. 2.
[FUNCTION AND OBJECTIVES.] The committee's activities include,
but are not limited to:
(1) collection of information on the efficacy and reliability
of various tests for heritable and congenital disorders;
(2) collection of information on the availability and efficacy
of treatments for heritable and congenital disorders;
(3) collection of information on the severity of medical
conditions caused by heritable and congenital disorders;
(4) discussion and assessment of the benefits of performing
tests for heritable or congenital disorders as compared to the costs,
treatment limitations, or other potential disadvantages of requiring the
tests;
(5) discussion and assessment of ethical considerations surrounding
the testing, treatment, and handling of data and specimens generated by
the testing requirements of sections 144.125 to 144.128; and
(6) providing advice and recommendations to the commissioner
concerning tests and treatments for heritable and congenital disorders
found in newborn children.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 10. Minnesota
Statutes 2002, section 144.128, is amended to read:
144.128 [TREATMENT FOR POSITIVE DIAGNOSIS, REGISTRY OF CASES
COMMISSIONER'S DUTIES.]
The commissioner shall:
(1) make arrangements referrals for the necessary
treatment of diagnosed cases of hemoglobinopathy, phenylketonuria, and other
inborn errors of metabolism heritable or congenital disorders
when treatment is indicated and the family is uninsured and, because of a
lack of available income, is unable to pay the cost of the treatment;
(2) maintain a registry of the cases of hemoglobinopathy,
phenylketonuria, and other inborn errors of metabolism heritable and
congenital disorders detected by the screening program for the purpose of
follow-up services; and
(3) adopt rules to carry out section 144.126 and this
section sections 144.125 to 144.128.
Sec. 11. Minnesota
Statutes 2002, section 144.1483, is amended to read:
144.1483 [RURAL HEALTH INITIATIVES.]
The commissioner of health, through the office of rural health,
and consulting as necessary with the commissioner of human services, the
commissioner of commerce, the higher education services office, and other state
agencies, shall:
(1) develop a detailed plan regarding the feasibility of
coordinating rural health care services by organizing individual medical
providers and smaller hospitals and clinics into referral networks with larger
rural hospitals and clinics that provide a broader array of services;
(2) develop and implement a program to assist rural communities
in establishing community health centers, as required by section 144.1486;
(3) administer the program of financial assistance
established under section 144.1484 for rural hospitals in isolated areas of the
state that are in danger of closing without financial assistance, and that have
exhausted local sources of support;
(4) develop recommendations regarding health education
and training programs in rural areas, including but not limited to a physician
assistants' training program, continuing education programs for rural health
care providers, and rural outreach programs for nurse practitioners within
existing training programs;
(5) (4) develop a statewide, coordinated
recruitment strategy for health care personnel and maintain a database on
health care personnel as required under section 144.1485;
(6) (5) develop and administer technical
assistance programs to assist rural communities in: (i) planning and coordinating the delivery of local health care
services; and (ii) hiring physicians, nurse practitioners, public health
nurses, physician assistants, and other health personnel;
(7) (6) study and recommend changes in the
regulation of health care personnel, such as nurse practitioners and physician
assistants, related to scope of practice, the amount of on-site physician
supervision, and dispensing of medication, to address rural health personnel
shortages;
(8) (7) support efforts to ensure continued
funding for medical and nursing education programs that will increase the
number of health professionals serving in rural areas;
(9) (8) support efforts to secure higher
reimbursement for rural health care providers from the Medicare and medical
assistance programs;
(10) (9) coordinate the development of a
statewide plan for emergency medical services, in cooperation with the
emergency medical services advisory council;
hospital located in a county
contiguous to a county with a medically underserved area or health professional
shortage area. A critical access
hospital located in a county with a designated medically underserved area or a
health professional shortage area or in a county contiguous to a county with a
medically underserved area or health professional shortage area shall continue
to be recognized as a critical access hospital in the event the medically
underserved area or health professional shortage area designation is
subsequently withdrawn; and (11) (10) establish a Medicare rural hospital
flexibility program pursuant to section 1820 of the federal Social Security
Act, United States Code, title 42, section 1395i-4, by developing a state rural
health plan and designating, consistent with the rural health plan, rural
nonprofit or public hospitals in the state as critical access hospitals. Critical access hospitals shall include
facilities that are certified by the state as necessary providers of health
care services to residents in the area.
Necessary providers of health care services are designated as critical
access hospitals on the basis of being more than 20 miles, defined as official
mileage as reported by the Minnesota department of transportation, from the
next nearest hospital, being the sole hospital in the county, being a hospital
located in a county with a designated medically underserved area or health
professional shortage area, or being a
(12) (11) carry out other activities necessary to
address rural health problems.
Sec. 12. Minnesota
Statutes 2002, section 144.1488, subdivision 4, is amended to read:
Subd. 4. [ELIGIBLE
HEALTH PROFESSIONALS.] (a) To be eligible to apply to the commissioner for the
loan repayment program, health professionals must be citizens or nationals of
the United States, must not have any unserved obligations for service to a
federal, state, or local government, or other entity, must have a current and unrestricted
Minnesota license to practice, and must be ready to begin full-time clinical
practice upon signing a contract for obligated service.
(b) Eligible providers are those specified by the federal
Bureau of Primary Health Care Health Professions in the policy
information notice for the state's current federal grant application. A health professional selected for
participation is not eligible for loan repayment until the health professional
has an employment agreement or contract with an eligible loan repayment site
and has signed a contract for obligated service with the commissioner.
Sec. 13. Minnesota
Statutes 2002, section 144.1491, subdivision 1, is amended to read:
Subdivision 1.
[PENALTIES FOR BREACH OF CONTRACT.] A program participant who fails to
complete two the required years of obligated service shall repay
the amount paid, as well as a financial penalty based upon the length of the
service obligation not fulfilled. If
the participant has served at least one year, the financial penalty is the
number of unserved months multiplied by $1,000. If the participant has served less than one year, the financial
penalty is the total number of obligated months multiplied by $1,000 specified
by the federal Bureau of Health Professions in the policy information
notice for the state's current federal grant application. The commissioner shall report to the
appropriate health-related licensing board a participant who fails to complete
the service obligation and fails to repay the amount paid or fails to pay any
financial penalty owed under this subdivision.
Sec. 14. [144.1501]
[HEALTH PROFESSIONAL EDUCATION LOAN FORGIVENESS PROGRAM.]
Subdivision 1.
[DEFINITIONS.] (a) For purposes of this section, the following
definitions apply.
(b) "Designated rural area" means:
(1) an area in Minnesota outside the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington, excluding the cities of
Duluth, Mankato, Moorhead, Rochester, and St. Cloud; or
(2) a municipal corporation, as defined under section 471.634,
that is physically located, in whole or in part, in an area defined as a
designated rural area under clause (1).
(c) "Emergency circumstances" means those
conditions that make it impossible for the participant to fulfill the
service commitment, including death, total and permanent disability, or
temporary disability lasting more than two years.
(d) "Medical resident" means an individual
participating in a medical residency in family practice, internal
medicine, obstetrics and gynecology, pediatrics, or psychiatry.
(e) "Midlevel practitioner" means a nurse
practitioner, nurse-midwife, nurse anesthetist, advanced clinical nurse
specialist, or physician assistant.
(f) "Nurse" means an individual who has completed
training and received all licensing or certification necessary to
perform duties as a licensed practical nurse or registered nurse.
(g) "Nurse-midwife" means a registered nurse who
has graduated from a program of study designed to prepare registered
nurses for advanced practice as nurse-midwives.
(h) "Nurse practitioner" means a registered nurse
who has graduated from a program of study designed to prepare registered
nurses for advanced practice as nurse practitioners.
(i) "Physician" means an individual who is
licensed to practice medicine in the areas of family practice, internal
medicine, obstetrics and gynecology, pediatrics, or psychiatry.
(j) "Physician assistant" means a person
registered under chapter 147A.
(k) "Qualified educational loan" means a
government, commercial, or foundation loan for actual costs paid for
tuition, reasonable education expenses, and reasonable living expenses
related to the graduate or undergraduate education of a health care
professional.
(l) "Underserved urban community" means a
Minnesota urban area or population included in the list of designated
primary medical care health professional shortage areas (HPSAs), medically
underserved areas (MUAs), or medically underserved populations (MUPs)
maintained and updated by the United States Department of Health and
Human Services.
Subd. 2.
[CREATION OF ACCOUNT.] A health professional education loan
forgiveness program account is established.
The commissioner of health shall use money from the account to
establish a loan forgiveness program for medical residents agreeing
to practice in designated rural areas or underserved urban communities,
for midlevel practitioners agreeing to practice in designated rural
areas, and for nurses who agree to practice in a Minnesota nursing home
or intermediate care facility for persons with mental retardation or
related conditions.
Appropriations made to the account do not cancel and are
available until expended, except that at the end of each biennium, any
remaining balance in the account that is not committed by contract and
not needed to fulfill existing commitments shall cancel to the fund.
Subd. 3.
[ELIGIBILITY.] (a) To be eligible to participate in the loan
forgiveness program, an individual must:
(1) be a medical resident or be enrolled in a midlevel practitioner,
registered nurse, or a licensed practical nurse training program; and
(2) submit an application to the commissioner of health.
(b) An applicant selected to participate must sign a contract
to agree to serve a minimum three-year full-time service obligation
according to subdivision 2, which shall begin no later than March 31
following completion of required training.
Subd. 4. [LOAN
FORGIVENESS.] The commissioner of health may select applicants each
year for participation in the loan forgiveness program, within the
limits of available funding. The commissioner shall distribute available
funds for loan forgiveness proportionally among the eligible professions
according to the vacancy rate for each profession in the required
geographic area or facility type specified in subdivision 2. The commissioner shall allocate
funds for physician loan forgiveness so that 75 percent of the funds
available are used for rural physician loan forgiveness and 25 percent
of the funds available are used for underserved urban communities loan
forgiveness. If the commissioner does
not receive enough qualified applicants each year to use the entire allocation
of funds for urban underserved communities, the remaining funds may be
allocated for rural physician loan forgiveness. Applicants are responsible for securing
their own qualified educational loans.
The commissioner shall select participants based on their
suitability for practice serving the required geographic area or facility
type specified in subdivision 2, as indicated by experience or
training. The commissioner shall
give preference to applicants closest to completing their training. For each year that a participant meets
the service obligation required under subdivision 3, up to a maximum of
four years, the commissioner shall make annual disbursements directly to
the participant equivalent to 15 percent of the average educational debt
for indebted graduates in their profession in the year closest to the
applicant's selection for which information is available, not to exceed
the balance of the participant's qualifying educational loans. Before
receiving loan repayment disbursements and as requested, the participant
must complete and return to the commissioner an affidavit of practice
form provided by the commissioner verifying that the participant is
practicing as required under subdivisions 2 and 3. The participant must provide the commissioner
with verification that the full amount of loan repayment disbursement
received by the participant has been applied toward the designated
loans. After each disbursement, verification
must be received by the commissioner and approved before the next loan
repayment disbursement is made. Participants who move their practice
remain eligible for loan repayment as long as they practice as required
under subdivision 2.
Subd. 5.
[PENALTY FOR NONFULFILLMENT.] If a participant does not
fulfill the required minimum commitment of service according to
subdivision 3, the commissioner of health shall collect from the
participant the total amount paid to the participant under the loan
forgiveness program plus interest at a rate established according to
section 270.75. The commissioner
shall deposit the money collected in the health care access fund to be
credited to the health professional education loan forgiveness program
account established in subdivision 2.
The commissioner shall allow waivers of all or part of the money
owed the commissioner as a result of a nonfulfillment penalty if emergency
circumstances prevented fulfillment of the minimum service commitment.
Subd. 6.
[RULES.] The commissioner may adopt rules to implement this
section.
Sec. 15. Minnesota
Statutes 2002, section 144.1502, subdivision 4, is amended to read:
Subd. 4. [LOAN
FORGIVENESS.] The commissioner of health may accept up to 14 applicants per
each year for participation in the loan forgiveness program, within
the limits of available funding.
Applicants are responsible for securing their own loans. The commissioner shall select participants
based on their suitability for practice serving public program patients, as
indicated by experience or training.
The commissioner shall give preference to applicants who have attended a
Minnesota dentistry educational institution and to applicants closest to
completing their training. For each
year that a participant meets the service obligation required under subdivision
3, up to a maximum of four years, the commissioner shall make annual
disbursements directly to the participant equivalent to $10,000 per year of
service, not to exceed $40,000 15 percent of the average
educational debt for indebted dental school graduates in the year
closest to the applicant's selection for which information is available
or the balance of the qualifying educational loans, whichever is less. Before receiving loan repayment
disbursements and as requested, the participant must complete and return to the
commissioner an affidavit of practice form provided by the commissioner
verifying that the participant is practicing as required under subdivision
3. The participant must provide the
commissioner with verification that the full amount of loan repayment
disbursement received by the participant has been applied toward the designated
loans. After each disbursement,
verification must be received by the commissioner and approved before the next
loan repayment disbursement is made.
Participants who move their practice remain eligible for loan repayment
as long as they practice as required under subdivision 3.
Sec. 16. Minnesota Statutes 2002, section 144.551, subdivision 1, is
amended to read:
Subdivision 1.
[RESTRICTED CONSTRUCTION OR MODIFICATION.] (a) The following
construction or modification may not be commenced:
(1) any erection, building, alteration, reconstruction,
modernization, improvement, extension, lease, or other acquisition by or on
behalf of a hospital that increases the bed capacity of a hospital, relocates
hospital beds from one physical facility, complex, or site to another, or
otherwise results in an increase or redistribution of hospital beds within the
state; and
(2) the establishment of a new hospital.
(b) This section does not apply to:
(1) construction or relocation within a county by a hospital,
clinic, or other health care facility that is a national referral center
engaged in substantial programs of patient care, medical research, and medical
education meeting state and national needs that receives more than 40 percent
of its patients from outside the state of Minnesota;
(2) a project for construction or modification for which a
health care facility held an approved certificate of need on May 1, 1984,
regardless of the date of expiration of the certificate;
(3) a project for which a certificate of need was denied before
July 1, 1990, if a timely appeal results in an order reversing the denial;
(4) a project exempted from certificate of need requirements by
Laws 1981, chapter 200, section 2;
(5) a project involving consolidation of pediatric specialty
hospital services within the Minneapolis-St. Paul metropolitan area that would
not result in a net increase in the number of pediatric specialty hospital beds
among the hospitals being consolidated;
(6) a project involving the temporary relocation of
pediatric-orthopedic hospital beds to an existing licensed hospital that will
allow for the reconstruction of a new philanthropic, pediatric-orthopedic
hospital on an existing site and that will not result in a net increase in the
number of hospital beds. Upon
completion of the reconstruction, the licenses of both hospitals must be
reinstated at the capacity that existed on each site before the relocation;
(7) the relocation or redistribution of hospital beds within a
hospital building or identifiable complex of buildings provided the relocation
or redistribution does not result in: (i) an increase in the overall bed
capacity at that site; (ii) relocation of hospital beds from one physical site
or complex to another; or (iii) redistribution of hospital beds within the
state or a region of the state;
(8) relocation or redistribution of hospital beds within a
hospital corporate system that involves the transfer of beds from a closed
facility site or complex to an existing site or complex provided that: (i) no more than 50 percent of the capacity
of the closed facility is transferred; (ii) the capacity of the site or complex
to which the beds are transferred does not increase by more than 50 percent;
(iii) the beds are not transferred outside of a federal health systems agency
boundary in place on July 1, 1983; and (iv) the relocation or redistribution
does not involve the construction of a new hospital building;
(9) a construction project involving up to 35 new beds in a
psychiatric hospital in Rice county that primarily serves adolescents and that
receives more than 70 percent of its patients from outside the state of
Minnesota;
(10) a project to replace a hospital
or hospitals with a combined licensed capacity of 130 beds or less if: (i) the new hospital site is located within
five miles of the current site; and (ii) the total licensed capacity of the
replacement hospital, either at the time of construction of the initial
building or as the result of future expansion, will not exceed 70 licensed
hospital beds, or the combined licensed capacity of the hospitals, whichever is
less;
(11) the relocation of licensed hospital beds from an existing
state facility operated by the commissioner of human services to a new or
existing facility, building, or complex operated by the commissioner of human
services; from one regional treatment center site to another; or from one
building or site to a new or existing building or site on the same campus;
(12) the construction or relocation of hospital beds operated
by a hospital having a statutory obligation to provide hospital and medical
services for the indigent that does not result in a net increase in the number
of hospital beds;
(13) a construction project involving the addition of up to 31
new beds in an existing nonfederal hospital in Beltrami county; or
(14) a construction project involving the addition of up to
eight new beds in an existing nonfederal hospital in Otter Tail county with 100
licensed acute care beds;
(15) a construction project involving the addition of 20
new hospital beds used for rehabilitation services in an existing
hospital in Carver county serving the southwest suburban metropolitan
area; or
(16) a project for the construction or relocation of up to
20 hospital beds for the operation of up to two psychiatric facilities
or units for children provided that the operation of the facilities or
units have received the approval of the commissioner of human services.
Sec. 17. [144.706]
[CITATION.]
Sections 144.706 to 144.7069 may be cited as the Minnesota
Adverse Health Care Events Reporting Act of 2003.
[EFFECTIVE DATE.] This
section is effective July 1, 2005, contingent upon obtaining independent
funding.
Sec. 18. [144.7063]
[DEFINITIONS.]
Subdivision 1. [SCOPE.] Unless the context clearly indicates otherwise,
for the purposes of sections 144.706 to 144.7069, the terms defined in
this section have the meanings given them.
Subd. 2.
[COMMISSIONER.] "Commissioner" means the commissioner
of health.
Subd. 3.
[FACILITY.] "Facility" means a hospital licensed under
sections 144.50 to 144.58.
Subd. 4.
[SERIOUS DISABILITY.] "Serious disability" means (1)
a physical or mental impairment that substantially limits one or more of
the major life activities of an individual or a loss of bodily function,
if the impairment or loss lasts more than seven days or is still present
at the time of discharge from an inpatient health care facility or (2)
loss of a body part.
Subd. 5.
[SURGERY.] "Surgery" means the treatment of disease,
injury, or deformity by manual or operative methods. Surgery includes
endoscopies and other invasive procedures.
[EFFECTIVE DATE.] This
section is effective July 1, 2005, contingent upon obtaining independent
funding.
Sec. 19. [144.7065] [FACILITY REQUIREMENTS TO REPORT, ANALYZE, AND
CORRECT.]
Subdivision 1.
[REPORTS OF ADVERSE HEALTH CARE EVENTS REQUIRED.] Each facility shall
report to the commissioner the occurrence of any of the adverse health
care events described in subdivisions 2 to 7 as soon as is reasonably
and practically possible, but no later than 15 working days after
discovery of the event. The
report shall be filed in a format specified by the commissioner and
shall identify the facility but shall not identify any of the health
care professionals, facility employees, or patients involved. The report shall not contain the
name, address, social security number, date of birth, telephone number,
federal patient identification number, subscriber number, medical record
number, or any other identifying information of the patient
involved. The report shall not
contain the name, social security number, federal provider
identification number, license number, or other identifying information
of the health care professionals involved. The report shall not contain the name, employee number,
social security number, or any other identifying information of the
facility employee involved. The
commissioner may consult with experts and organizations familiar with
patient safety when developing the format for reporting and in further
defining events in order to be consistent with industry standards.
Subd. 2.
[SURGICAL EVENTS.] Events reportable under this subdivision
are:
(1) surgery performed on a wrong body part that is not consistent
with the documented informed consent for that patient. Reportable events under this clause do not
include situations requiring prompt action that occur in the course of
surgery or situations whose urgency precludes obtaining informed consent;
(2) surgery performed on the wrong patient;
(3) the wrong surgical procedure performed on a patient that
is not consistent with the documented informed consent for that
patient. Reportable events under this
clause do not include situations requiring prompt action that occur in
the course of surgery or situations whose urgency precludes obtaining
informed consent;
(4) retention of a foreign object in a patient after surgery
or other procedure, excluding objects intentionally implanted as part of
a planned intervention and objects present prior to surgery that are
intentionally retained; and
(5) death during or immediately after surgery of a normal,
healthy patient who has no organic, physiologic, biochemical, or psychiatric
disturbance and for whom the pathologic processes for which the
operation is to be performed are localized and do not entail a systemic
disturbance.
Subd. 3.
[PRODUCT OR DEVICE EVENTS.] Events reportable under this
subdivision are:
(1) patient death or serious disability associated with the
use of contaminated drugs, devices, or biologics provided by the facility
when the contamination is the result of generally detectable
contaminants in drugs, devices, or biologics regardless of the source of
the contamination or the product;
(2) patient death or serious disability associated with the
use or function of a device in patient care in which the device is
used or functions other than as intended.
"Device" includes, but is not limited to, catheters,
drains, and other specialized tubes, infusion pumps, and ventilators;
and
(3) patient death or serious disability associated with intravascular
air embolism that occurs while being cared for in a facility, excluding
deaths associated with neurosurgical procedures known to present a high
risk of intravascular air embolism.
Subd. 4.
[PATIENT PROTECTION EVENTS.] Events reportable under this
subdivision are:
(1) an infant discharged to the wrong person;
(2) patient death or serious
disability associated with patient disappearance for more than four
hours, excluding events involving adults who have decision making
capacity; and
(3) patient suicide or attempted suicide resulting in serious
disability while being cared for in a facility due to patient actions
after admission to the facility, excluding deaths resulting from
self-inflicted injuries that were the reason for admission to the
facility.
Subd. 5. [CARE
MANAGEMENT EVENTS.] Events reportable under this subdivision are:
(1) patient death or serious disability associated with a
medication error, including, but not limited to, errors involving the
wrong drug, the wrong dose, the wrong patient, the wrong time, the wrong
rate, the wrong preparation, or the wrong route of administration,
excluding reasonable differences in clinical judgment on drug selection
and dose;
(2) patient death or serious disability associated with a
hemolytic reaction due to the administration of ABO-incompatible blood
or blood products;
(3) maternal death or serious disability associated with
labor or delivery in a low-risk pregnancy while being cared for in a
facility, including events that occur within 42 days postdelivery and
excluding deaths from pulmonary or amniotic fluid embolism, acute fatty
liver of pregnancy, or cardiomyopathy;
(4) patient death or serious disability directly related to
hypoglycemia, the onset of which occurs while the patient is being
cared for in a facility;
(5) death or serious disability, including kernicterus, associated
with failure to identify and treat hyperbilirubinemia in neonates during
the first 28 days of life. "Hyperbilirubinemia" means
bilirubin levels greater than 30 milligrams per deciliter;
(6) stage 3 or 4 ulcers acquired after admission to a facility,
excluding progression from stage 2 to stage 3 if stage 2 was recognized
upon admission; and
(7) patient death or serious disability due to spinal manipulative
therapy.
Subd. 6.
[ENVIRONMENTAL EVENTS.] Events reportable under this
subdivision are:
(1) patient death or serious disability associated with an
electric shock while being cared for in a facility, excluding events
involving planned treatments such as electric countershock;
(2) any incident in which a line designated for oxygen or
other gas to be delivered to a patient contains the wrong gas or is
contaminated by toxic substances;
(3) patient death or serious disability associated with a
burn incurred from any source while being cared for in a facility;
(4) patient death associated with a fall while being cared
for in a facility; and
(5) patient death or serious disability associated with the
use or lack of restraints or bedrails while being cared for in a facility.
Subd. 7.
[CRIMINAL EVENTS.] Events reportable under this subdivision
are:
(1) any instance of care ordered by or provided by someone
impersonating a physician, nurse, pharmacist, or other licensed health
care provider;
(2) abduction of a patient of any age;
(3) sexual assault on a patient within or on the grounds of
a facility; and
(4) death or significant injury of a patient or staff member
resulting from a physical assault that occurs within or on the grounds
of a facility.
Subd. 8. [ROOT
CAUSE ANALYSIS; CORRECTIVE ACTION PLAN.] Following the occurrence of an
adverse health care event, the facility must conduct a root cause
analysis of the event. Following the analysis, the facility must: (1) implement a corrective action
plan to implement the findings of the analysis, or (2) report to the
commissioner any reasons for not taking corrective action. If the root cause analysis and the implementation
of a corrective action plan are complete at the time an event must be
reported, the findings of the analysis and the corrective action plan
must be included in the report of the event. The findings of the root cause analysis and a copy of the
corrective action plan must otherwise be filed with the commissioner
within 60 days of the event.
Subd. 9.
[ELECTRONIC REPORTING.] The commissioner must design the
reporting system so that a facility may file by electronic means the
reports required under this section.
The commissioner shall encourage a facility to use the electronic
filing option when that option is feasible for the facility.
Subd. 10.
[RELATION TO OTHER LAW.] (a) Adverse health events described
in subdivisions 2 to 6 do not constitute "maltreatment" or
"a physical injury that is not reasonably explained" under
section 626.557 and are excluded from the reporting requirements of
section 626.557, provided the facility makes a determination within 24
hours of the discovery of the event that this section is applicable and
the facility files the reports required under this section in a timely
fashion.
(b) A facility that has determined that an event described
in subdivisions 2 to 6 has occurred must inform persons who are mandated
reporters under section 626.5572, subdivision 16, of that
determination. A mandated reporter
otherwise required to report under section 626.557, subdivision 3,
paragraph (e), is relieved of the duty to report an event that the
facility determines under paragraph (a) to be reportable under subdivisions
2 to 6.
(c) The protections and immunities applicable to voluntary
reports under section 626.557 are not affected by this section.
(d) Notwithstanding section 626.557, a lead agency under
section 626.5572, subdivision 13, is not required to conduct an investigation
of an event described in subdivisions 2 to 6.
[EFFECTIVE DATE.] This
section is effective July 1, 2005, contingent upon obtaining independent
funding.
Sec. 20. [144.7067]
[COMMISSIONER DUTIES AND RESPONSIBILITIES.]
Subdivision 1.
[ESTABLISHMENT OF REPORTING SYSTEM.] (a) The commissioner
shall establish an adverse health event reporting system designed to
facilitate quality improvement in the health care system. The reporting system shall not be designed
to punish errors by health care practitioners or health care facility
employees.
(b) The reporting system shall consist of:
(1) mandatory reporting by facilities of 27 adverse health
care events;
(2) mandatory completion of a root cause analysis and a corrective
action plan by the facility and reporting of the findings of the
analysis and the plan to the commissioner or reporting of reasons for
not taking corrective action;
(3) analysis of reported information by the commissioner to
determine patterns of systemic failure in the health care system and
successful methods to correct these failures;
(4) sanctions against facilities for failure to comply with
reporting system requirements; and
(5) communication from the commissioner to facilities, health
care purchasers, and the public to maximize the use of the reporting
system to improve health care quality.
(c) Reports, analyses, and corrective action plans submitted
under section 144.7065, subdivisions 1 and 8, shall be considered
aggregate data as contemplated by section 145.64, subdivision 1,
paragraph (b), and afforded the protections and immunities provided in
section 145.64.
(d) Nothing in this section shall authorize the commissioner
to select from or between competing alternative medical practices.
Subd. 2. [DUTY
TO ANALYZE REPORTS; COMMUNICATE FINDINGS.] The commissioner shall:
(1) analyze adverse event reports, corrective action plans,
and the findings of the root cause analyses, to determine patterns of
systemic failure in the health care system and successful methods to
correct these failures;
(2) communicate to individual facilities the commissioner's
conclusions, if any, regarding an adverse event reported by the facility;
(3) communicate with relevant health care facilities any
recommendations for corrective action resulting from the commissioner's
analysis of submissions from facilities; and
(4) publish an annual report:
(i) describing, by institution, adverse events reported;
(ii) outlining, in aggregate, corrective action plans, and
the findings of the root cause analyses; and
(iii) making recommendations for modifications of state health
care operations.
Subd. 3.
[SANCTIONS.] (a) The commissioner shall take steps necessary
to determine if adverse event reports, the findings of the root cause
analyses, and corrective action plans are filed in a timely manner. The commissioner may sanction a facility
for:
(1) failure to file a timely adverse event report under section
144.7065, subdivision 1; or
(2) failure to conduct a root cause analysis, to implement
a corrective action plan, or to provide the findings of a root cause
analysis or corrective action plan in a timely fashion under section
144.7065, subdivision 8.
(b) If a facility fails to develop and implement a corrective
action plan or report to the commissioner why corrective action is not
needed, the commissioner may suspend, revoke, fail to renew, or place
conditions on the license under which the facility operates.
[EFFECTIVE DATE.] This
section is effective July 1, 2005, contingent upon obtaining independent
funding.
Sec. 21. [144.7069]
[INTERSTATE COORDINATION; REPORTS.]
The commissioner shall report the definitions and the list
of reportable events adopted in this act to the National Quality Forum
and, working in coordination with the National Quality Forum, to the
other states. The commissioner shall
monitor discussions by the National Quality Forum of amendments to the
forum's list of reportable events and shall report to the legislature
whenever the list is modified. The
commissioner shall also monitor implementation efforts in other states
to establish a list of reportable events and shall make recommendations
to the legislature as necessary for modifications in the Minnesota list
or in the other components of the Minnesota reporting system to keep the
system as nearly uniform as possible with similar systems in other
states.
Sec. 22. Minnesota
Statutes 2002, section 147A.08, is amended to read:
147A.08 [EXEMPTIONS.]
(a) This chapter does not apply to, control, prevent, or
restrict the practice, service, or activities of persons listed in section
147.09, clauses (1) to (6) and (8) to (13), persons regulated under section
214.01, subdivision 2, or persons defined in section 144.1495 144.1501,
subdivision 1, paragraphs (a) to (d) (e), (g), and (h).
(b) Nothing in this chapter shall be construed to require
registration of:
(1) a physician assistant student enrolled in a physician
assistant or surgeon assistant educational program accredited by the Committee
on Allied Health Education and Accreditation or by its successor agency
approved by the board;
(2) a physician assistant employed in the service of the
federal government while performing duties incident to that employment; or
(3) technicians, other assistants, or employees of physicians
who perform delegated tasks in the office of a physician but who do not
identify themselves as a physician assistant.
Sec. 23. Minnesota
Statutes 2002, section 148.5194, subdivision 1, is amended to read:
Subdivision 1. [FEE
PRORATION.] The commissioner shall prorate the registration fee for clinical
fellowship, temporary, and first time registrants according to the
number of months that have elapsed between the date registration is issued and
the date registration expires or must be renewed under section 148.5191,
subdivision 4.
Sec. 24. Minnesota
Statutes 2002, section 148.5194, subdivision 2, is amended to read:
Subd. 2. [BIENNIAL
REGISTRATION FEE.] The fee for initial registration and biennial registration, clinical
fellowship registration, temporary registration, or renewal is $200.
Sec. 25. Minnesota
Statutes 2002, section 148.5194, subdivision 3, is amended to read:
Subd. 3. [BIENNIAL
REGISTRATION FEE FOR DUAL REGISTRATION.] The fee for initial registration and
biennial registration, clinical fellowship registration, temporary
registration, or renewal is $200.
Sec. 26. Minnesota
Statutes 2002, section 148.5194, is amended by adding a subdivision to read:
Subd. 6.
[VERIFICATION OF CREDENTIAL.] The fee for written verification
of credentialed status is $25.
Sec. 27. Minnesota
Statutes 2002, section 148.6445, subdivision 7, is amended to read:
Subd. 7. [CERTIFICATION
VERIFICATION TO OTHER STATES.] The fee for certification verification
of licensure to other states is $25.
Sec. 28. [148C.12]
[FEES.]
Subdivision 1.
[APPLICATION.] The application fee for a license to practice
alcohol and drug counseling is $295.
Subd. 2.
[BIENNIAL RENEWAL.] The license renewal fee is $295. If the commissioner changes the renewal
schedule and the expiration date is less than two years, the fee must be
prorated.
Subd. 3.
[TEMPORARY PRACTICE STATUS.] The initial fee for applicants
under section 148C.04, subdivision 6, paragraph (a), clause (1), item
(i), is $100. The initial fee for
applicants under section 148C.04, subdivision 6, paragraph (a), clause
(1), item (ii) or (iii), is the license application fee under subdivision
1. The fee for annual renewal of
temporary practice status is $100.
Subd. 4.
[EXAMINATION.] The examination fee is $95 for the written
examination and $200 for the oral examination.
Subd. 5.
[INACTIVE RENEWAL.] The inactive renewal fee is $150.
Subd. 6. [LATE
FEE.] The late fee is 25 percent of the biennial renewal fee, the
inactive renewal fee, or the annual fee for renewal of temporary
practice status.
Subd. 7.
[RENEWAL AFTER EXPIRATION.] The fee for renewal of a license
that has expired is the total of the biennial renewal fee, the late fee,
and a fee of $100 for review and approval of the continuing education
report.
Subd. 8.
[LICENSE VERIFICATION.] The fee for license verification to
institutions and other jurisdictions is $25.
Subd. 9.
[SURCHARGE.] Notwithstanding section 16A.1285, subdivision 2,
a surcharge of $172 shall be paid at the time of application for or
renewal of an alcohol and drug counseling license until June 30, 2009.
Subd. 10.
[NONREFUNDABLE FEES.] All fees are nonrefundable.
Sec. 29. Minnesota
Statutes 2002, section 153A.17, is amended to read:
153A.17 [EXPENSES; FEES.]
The expenses for administering the certification requirements
including the complaint handling system for hearing aid dispensers in sections
153A.14 and 153A.15 and the consumer information center under section 153A.18
must be paid from initial application and examination fees, renewal fees,
penalties, and fines. All fees are
nonrefundable. The certificate
application fee is $165 for audiologists registered under section 148.511
and $490 for all others $350, the examination fee is $200 $250
for the written portion and $200 $250 for the practical portion
each time one or the other is taken, and the trainee application fee is $100
$200. Notwithstanding the
policy set forth in section 16A.1285, subdivision 2, a surcharge of $165 for
audiologists registered under section 148.511 and $330 for all others shall be
paid at the time of application or renewal until June 30, 2003, to recover the
commissioner's accumulated direct expenditures for administering the
requirements of this chapter. The
penalty fee for late submission of a renewal application is $200. The fee for verification of certification
to other jurisdictions or entities is $25. All fees, penalties, and fines received must be deposited in the
state government special revenue fund.
The commissioner may prorate the certification fee for new applicants
based on the number of quarters remaining in the annual certification period.
Sec. 30. Minnesota
Statutes 2002, section 179A.03, subdivision 7, is amended to read:
Subd. 7. [ESSENTIAL
EMPLOYEE.] "Essential employee" means firefighters, peace officers
subject to licensure under sections 626.84 to 626.863, 911 system and police
and fire department public safety dispatchers, guards at correctional
facilities, confidential employees, supervisory employees, assistant county
attorneys, assistant city attorneys, principals, and assistant principals. However, for state employees,
"essential employee" means all employees in law enforcement, health
care professionals, health care nonprofessionals, correctional guards,
professional engineering, and supervisory collective bargaining units,
irrespective of severance, and no other employees. For University of Minnesota employees, "essential
employee" means all employees in law enforcement, nursing professional and
supervisory units, irrespective of severance, and no other employees. "Firefighters" means salaried
employees of a fire department whose duties include, directly or indirectly,
controlling, extinguishing, preventing, detecting, or investigating fires. Employees for whom the state court
administrator is the negotiating employer are not essential employees.
Sec. 31. Minnesota
Statutes 2002, section 256B.195, subdivision 1, is amended to read:
Subdivision 1. [FEDERAL
APPROVAL REQUIRED.] Sections 145.9268, Section 256.969,
subdivision 26, and this section are contingent on federal approval of the
intergovernmental transfers and payments to safety net hospitals and
community clinics authorized under this section. These sections are also contingent on current payment, by the
government entities, of intergovernmental transfers under section 256B.19 and
this section.
Sec. 32. Minnesota
Statutes 2002, section 256B.195, subdivision 3, is amended to read:
Subd. 3. [PAYMENTS TO
CERTAIN SAFETY NET PROVIDERS.] (a) Effective July 15, 2001, the commissioner
shall make the following payments to the hospitals indicated after noon on the
15th of each month:
(1) to Hennepin County Medical Center, any federal matching
funds available to match the payments received by the medical center under
subdivision 2, to increase payments for medical assistance admissions and to
recognize higher medical assistance costs in institutions that provide high
levels of charity care; and
(2) to Regions hospital, any federal matching funds available
to match the payments received by the hospital under subdivision 2, to increase
payments for medical assistance admissions and to recognize higher medical
assistance costs in institutions that provide high levels of charity care.
(b) Effective During the
fiscal years beginning July 15, 2001 and July 1, 2002, the following
percentages of the transfers under subdivision 2 shall be retained by the
commissioner for deposit each month into the general fund:
(1) 18 percent, plus any federal matching funds, shall be
allocated for the following purposes:
(i) during the fiscal year beginning July 1, 2001, of the
amount available under this clause, 39.7 percent shall be allocated to make
increased hospital payments under section 256.969, subdivision 26; 34.2 percent
shall be allocated to fund the amounts due from small rural hospitals, as
defined in section 144.148, for overpayments under section 256.969, subdivision
5a, resulting from a determination that medical assistance and general
assistance payments exceeded the charge limit during the period from 1994 to
1997; and 26.1 percent shall be allocated to the commissioner of health for
rural hospital capital improvement grants under section 144.148; and
(ii) during the fiscal years year
beginning on or after July 1, 2002, of the amount available under this
clause, 55 percent shall be allocated to make increased hospital payments under
section 256.969, subdivision 26, and 45 percent shall be allocated to the
commissioner of health for rural hospital capital improvement grants under
section 144.148; and
(2) 11 percent shall be allocated to the commissioner of health
to fund community clinic grants under section 145.9268.
(c) Effective July 15, 2003, 29 percent of the transfers
under subdivision 2 shall be retained by the commissioner for deposit
each month into the general fund. Of
the amount in this paragraph, 9.9 percent of the transfers shall be
allocated to make increased hospital payments under section 256.969,
subdivision 26.
(d) This subdivision shall apply to fee-for-service
payments only and shall not increase capitation payments or payments made based
on average rates.
(d) (e) Medical assistance rate or payment
changes, including those required to obtain federal financial participation
under section 62J.692, subdivision 8, shall precede the determination of
intergovernmental transfer amounts determined in this subdivision. Participation in the intergovernmental
transfer program shall not result in the offset of any health care provider's
receipt of medical assistance payment increases other than limits resulting
from hospital-specific charge limits and limits on disproportionate share
hospital payments.
Sec. 33. Minnesota
Statutes 2002, section 256B.195, subdivision 5, is amended to read:
Subd. 5. [INCLUSION OF
FAIRVIEW UNIVERSITY MEDICAL CENTER.] (a) Upon federal approval of the inclusion
of Fairview University Medical Center in the nonstate government nongovernment
category, the commissioner shall establish an intergovernmental transfer with
the University of Minnesota in an amount determined by the commissioner based
on the increase in the Medicare upper payment limit due solely to the inclusion
of Fairview University Medical Center as a nonstate government nongovernment
hospital and limited by hospital-specific charge limits and the amount
available under the hospital-specific disproportionate share limit.
(b) The commissioner shall increase payments for medical
assistance admissions at Fairview University Medical Center by 71 percent of
the transfer plus any federal matching payments on that amount, to increase
payments for medical assistance admissions and to recognize higher medical
assistance costs in institutions that provide high levels of charity care. From this payment, Fairview University
Medical Center shall pay to the University of Minnesota the cost of the
transfer, on the same day the payment is received. Eighteen percent of the transfer plus any federal matching
payments shall be used as specified in subdivision 3, paragraph (b), clause
(1). Payments under section 256.969,
subdivision 26, may be increased above the 90 percent level specified in that
subdivision within the limits of additional funding available under this
subdivision. Eleven percent of the transfer shall be used to increase the
grants under section 145.9268.
Sec. 34. Minnesota Statutes 2002, section 256B.69, subdivision 5c, is
amended to read:
Subd. 5c. [MEDICAL
EDUCATION AND RESEARCH FUND.] (a) The commissioner of human services shall
transfer each year to the medical education and research fund established under
section 62J.692, the following:
(1) an amount equal to the reduction in the prepaid medical
assistance and prepaid general assistance medical care payments as specified in
this clause. Until January 1, 2002, the
county medical assistance and general assistance medical care capitation base
rate prior to plan specific adjustments and after the regional rate adjustments
under section 256B.69, subdivision 5b, is reduced 6.3 percent for Hennepin
county, two percent for the remaining metropolitan counties, and no reduction
for nonmetropolitan Minnesota counties; and after January 1, 2002, the county
medical assistance and general assistance medical care capitation base rate
prior to plan specific adjustments is reduced 6.3 percent for Hennepin county,
two percent for the remaining metropolitan counties, and 1.6 percent for
nonmetropolitan Minnesota counties.
Nursing facility and elderly waiver payments and demonstration project
payments operating under subdivision 23 are excluded from this reduction. The amount calculated under this clause
shall not be adjusted for periods already paid due to subsequent changes to the
capitation payments;
(2) beginning July 1, 2001, $2,537,000 $2,157,000
from the capitation rates paid under this section plus any federal matching
funds on this amount;
(3) beginning July 1, 2002, an additional $12,700,000 from the
capitation rates paid under this section; and
(4) beginning July 1, 2003, an additional $4,700,000 from the
capitation rates paid under this section.
(b) This subdivision shall be effective upon approval of a
federal waiver which allows federal financial participation in the medical
education and research fund.
Sec. 35. Minnesota
Statutes 2002, section 295.55, subdivision 2, is amended to read:
Subd. 2. [ESTIMATED
TAX; HOSPITALS; SURGICAL CENTERS.] (a) Each hospital or surgical center must
make estimated payments of the taxes for the calendar year in monthly
installments to the commissioner within 15 days after the end of the month.
(b) Estimated tax payments are not required of hospitals or
surgical centers if: (1) the tax for
the current calendar year is less than $500; or (2) the tax for the previous
calendar year is less than $500, if the taxpayer had a tax liability and was
doing business the entire year; or (3) if a hospital has been allowed a
grant under section 144.1484, subdivision 2, for the year.
(c) Underpayment of estimated installments bear interest at the
rate specified in section 270.75, from the due date of the payment until paid
or until the due date of the annual return whichever comes first. An underpayment of an estimated installment
is the difference between the amount paid and the lesser of (1) 90 percent of
one-twelfth of the tax for the calendar year or (2) one-twelfth of the total
tax for the previous calendar year if the taxpayer had a tax liability and was
doing business the entire year.
Sec. 36. Minnesota
Statutes 2002, section 326.42, is amended to read:
326.42 [APPLICATIONS, FEES.]
Subdivision 1.
[APPLICATION.] Applications for plumber's license shall be made to the
state commissioner of health, with fee.
Unless the applicant is entitled to a renewal, the applicant shall be
licensed by the state commissioner of health only after passing a satisfactory
examination by the examiners showing fitness.
Examination fees for both journeyman and master plumbers shall be in an
amount prescribed by the state commissioner
of health pursuant to section 144.122.
Upon being notified that of having successfully passed the examination
for original license the applicant shall submit an application, with the
license fee herein provided. License
fees shall be in an amount prescribed by the state commissioner of health
pursuant to section 144.122. Licenses
shall expire and be renewed as prescribed by the commissioner pursuant to
section 144.122.
Subd. 2. [FEES.]
Plumbing system plans and specifications that are submitted to the
commissioner for review shall be accompanied by the appropriate plan examination
fees. If the commissioner
determines, upon review of the plans, that inadequate fees were paid,
the necessary additional fees shall be paid prior to plan approval. The commissioner shall charge the
following fees for plan reviews and audits of plumbing installations for
public, commercial, and industrial buildings:
(1) systems with both water distribution and drain, waste,
and vent systems and having:
(i) 25 or fewer drainage fixture units, $150;
(ii) 26 to 50 drainage fixture units, $250;
(iii) 51 to 150 drainage fixture units, $350;
(iv) 151 to 249 drainage fixture units, $500;
(v) 250 or more drainage fixture units, $3 per drainage fixture
unit to a maximum of $4,000; and
(vi) interceptors, separators, or catch basins, $70 per interceptor,
separator, or catch basin;
(2) building sewer service only, $150;
(3) building water service only, $150;
(4) building water distribution system only, no drainage
system, $5 per supply fixture unit or $150, whichever is greater;
(5) storm drainage system, a minimum fee of $150 or:
(i) $50 per drain opening, up to a maximum of $500; and
(ii) $70 per interceptor, separator, or catch basin;
(6) manufactured home park or campground, 1 to 25 sites,
$300;
(7) manufactured home park or campground, 26 to 50 sites,
$350;
(8) manufactured home park or campground, 51 to 125 sites,
$400;
(9) manufactured home park or campground, more than 125 sites,
$500;
(10) accelerated review, double the regular fee, one-half
to be refunded if no response from the commissioner within 15 business
days; and
(11) revision to previously reviewed or incomplete plans:
(i) review of plans for which
commissioner has issued two or more requests for additional information,
per review, $100 or ten percent of the original fee, whichever is
greater;
(ii) proposer-requested revision with no increase in project
scope, $50 or ten percent of original fee, whichever is greater; and
(iii) proposer-requested revision with an increase in project
scope, $50 plus the difference between the original project fee and the
revised project fee.
Sec. 37. [AUTHORITY TO
COLLECT CERTAIN FEES SUSPENDED.]
(a) The commissioner's authority to collect the certificate
application fee from hearing instrument dispensers under Minnesota
Statutes, section 153A.17, is suspended for certified hearing instrument
dispensers renewing certification in fiscal year 2004.
(b) The commissioner's authority to collect the license renewal
fee from occupational therapy practitioners under Minnesota Statutes,
section 148.6445, subdivision 2, is suspended for fiscal years 2004 and
2005.
Sec. 38. [TRANSITION
PERIOD.]
From July 1, 2003, through June 30, 2005, facilities are
required to report any adverse health care events as defined in Minnesota
Statutes, section 144.7067, to the incident reporting system currently
maintained by the Minnesota Hospital Association. The commissioner of health will work with
the Minnesota Hospital Association to obtain access to, or receive reports
of, adverse health care events by category only. The commissioner will not receive any identifying
information from such access or reports. The commissioner will work with organizations and experts
familiar with patient safety to review reporting categories in Minnesota
Statutes, section 144.7067, and will monitor discussions of the National
Quality Forum, other states and the federal government in the area of
patient safety. The commissioner
of health will submit reports to the legislature by January 15, 2004,
and January 15, 2005, including a listing of the number of reported
events by type and recommendations, if any, of additional categories of
events that should be included.
From July 1, 2003, through June 30, 2005, the department of health
shall not make a final disposition as defined in Minnesota Statutes,
section 626.5572, subdivision 8, for investigations conducted in
licensed hospitals under the provisions of Minnesota Statutes, section
626.557. The department of
health's findings in these cases shall identify noncompliance with
federal certification or state licensure rules or laws. From July 1, 2003, through June 30, 2005,
the commissioner will solicit funds to provide for full implementation
of the Minnesota Adverse Health Care Reporting Act of 2003 on a pilot or
demonstration basis. If funds are available,
the commissioner will advise the legislature and recommend full
implementation of the Act on an earlier date.
[EFFECTIVE DATE.] This
section is effective to the extent independent funds are obtained.
Sec. 39. [HOSPITAL
MORATORIUM STUDY.]
(a) Utilizing existing resources, the commissioner of health,
working with the Minnesota Hospital Association and other affected
parties, shall study and report to the legislature by January 1, 2005,
on the moratorium on hospital beds.
The study and report shall:
(1) evaluate the moratorium's impact on access, cost, and
quality of care;
(2) recommend appropriate criteria to be considered by the
legislature in judging applications for moratorium exceptions;
(3) assess the impact of "niche" and
ambulatory services on a system of controlling capacity;
(4) identify demographic and health care delivery changes
that have occurred since the inception of the moratorium, projected
future trends in technology, and their impact on future inpatient
hospitals' utilization and future demand for inpatient services; and
(5) include a comprehensive national survey of inpatient
and outpatient capacity controls.
(b) As an outcome of the study, the commissioner shall recommend:
(1) criteria for judging exception requests;
(2) processes to be used in considering exception requests;
and
(3) other changes in the moratorium law needed to work with
future trends and demographic changes.
(c) A progress report shall be presented to the legislature
by March 15, 2004.
Sec. 40. [REVISOR'S
INSTRUCTION.]
(a) The revisor of statutes shall delete the reference to
"144.1495" in Minnesota Statutes, section 62Q.145, and insert "144.1501."
(b) For sections in Minnesota Statutes and Minnesota Rules
affected by the repealed sections in this article, the revisor shall
delete internal cross-references where appropriate and make changes
necessary to correct the punctuation, grammar, or structure of the
remaining text and preserve its meaning.
Sec. 41. [REPEALER;
EXPENDITURE REPORTING.]
Minnesota Statutes 2002, sections 16A.151, subdivision 5,
and 62J.17, are repealed effective the day following final enactment.
Sec. 42. [REPEALER.]
(a) Minnesota Statutes 2002, sections 16A.87; 62J.694; 144.126;
144.1484; 144.1494; 144.1495; 144.1496; 144.1497; 144.395; 144.396;
144A.36; 144A.38; 148.5194, subdivision 3a; and 148.6445, subdivision 9,
are repealed.
(b) Minnesota Rules, parts 4763.0100; 4763.0110; 4763.0125;
4763.0135; 4763.0140; 4763.0150; 4763.0160; 4763.0170; 4763.0180;
4763.0190; 4763.0205; 4763.0215; 4763.0220; 4763.0230; 4763.0240;
4763.0250; 4763.0260; 4763.0270; 4763.0285; 4763.0295; and 4763.0300,
are repealed.
ARTICLE
9
LOCAL
PUBLIC HEALTH GRANTS
Section 1. Minnesota
Statutes 2002, section 144E.11, subdivision 6, is amended to read:
Subd. 6. [REVIEW
CRITERIA.] When reviewing an application for licensure, the board and
administrative law judge shall consider the following factors:
(1) the relationship of the proposed service or
expansion in primary service area to the current community health plan as
approved by the commissioner of health under section 145A.12, subdivision 4;
(2) the recommendations or comments of the governing
bodies of the counties, municipalities, community health boards as defined
under section 145A.09, subdivision 2, and regional emergency medical
services system designated under section 144E.50 in which the service would be
provided;
(3) (2) the deleterious effects on the public
health from duplication, if any, of ambulance services that would result from
granting the license;
(4) (3) the estimated effect of the proposed
service or expansion in primary service area on the public health; and
(5) (4) whether any benefit accruing to the
public health would outweigh the costs associated with the proposed service or
expansion in primary service area. The
administrative law judge shall recommend that the board either grant or deny a
license or recommend that a modified license be granted. The reasons for the recommendation shall be
set forth in detail. The administrative
law judge shall make the recommendations and reasons available to any
individual requesting them.
Sec. 2. Minnesota
Statutes 2002, section 145.88, is amended to read:
145.88 [PURPOSE.]
The legislature finds that it is in the public interest to
assure:
(a) statewide planning and coordination of maternal and
child health services through the acquisition and analysis of population-based
health data, provision of technical support and training, and coordination of
the various public and private maternal and child health efforts; and
(b) support for targeted maternal and child health services
in communities with significant populations of high risk, low income families
through a grants process.
Federal money received by the Minnesota department of health,
pursuant to United States Code, title 42, sections 701 to 709, shall be
expended to:
(1) assure access to quality maternal and child health services
for mothers and children, especially those of low income and with limited
availability to health services and those children at risk of physical,
neurological, emotional, and developmental problems arising from chemical abuse
by a mother during pregnancy;
(2) reduce infant mortality and the incidence of preventable
diseases and handicapping conditions among children;
(3) reduce the need for inpatient and long-term care services
and to otherwise promote the health of mothers and children, especially by
providing preventive and primary care services for low-income mothers and
children and prenatal, delivery and postpartum care for low-income mothers;
(4) provide rehabilitative services for blind and disabled
children under age 16 receiving benefits under title XVI of the Social Security
Act; and
(5) provide and locate medical, surgical, corrective and other
service for children who are crippled or who are suffering from conditions that
lead to crippling.
Sec. 3. Minnesota
Statutes 2002, section 145.881, subdivision 2, is amended to read:
Subd. 2. [DUTIES.] The
advisory task force shall meet on a regular basis to perform the following
duties:
(a) review and report on the health care needs of mothers and
children throughout the state of Minnesota;
(b) review and report on the type, frequency and impact of
maternal and child health care services provided to mothers and children under
existing maternal and child health care programs, including programs
administered by the commissioner of health;
(c) establish, review, and report to the commissioner a list of
program guidelines and criteria which the advisory task force considers
essential to providing an effective maternal and child health care program to
low income populations and high risk persons and fulfilling the purposes
defined in section 145.88;
(d) review staff recommendations of the department of health
regarding maternal and child health grant awards before the awards are made;
(e) make recommendations to the commissioner for the use
of other federal and state funds available to meet maternal and child health
needs;
(f) (e) make recommendations to the commissioner
of health on priorities for funding the following maternal and child health
services: (1) prenatal, delivery and
postpartum care, (2) comprehensive health care for children, especially from
birth through five years of age, (3) adolescent health services, (4) family
planning services, (5) preventive dental care, (6) special services for
chronically ill and handicapped children and (7) any other services which
promote the health of mothers and children; and
(g) make recommendations to the commissioner of health on
the process to distribute, award and administer the maternal and child health
block grant funds; and
(h) review the measures that are used to define the
variables of the funding distribution formula in section 145.882, subdivision
4, every two years and make recommendations to the commissioner of health for
changes based upon principles established by the advisory task force for this
purpose.
(f) establish, in consultation with the commissioner and
the state community health advisory committee established under section
145A.10, subdivision 10, paragraph (a), statewide outcomes that will
improve the health status of mothers and children as required in section
145A.12, subdivision 7.
Sec. 4. Minnesota
Statutes 2002, section 145.882, subdivision 1, is amended to read:
Subdivision 1. [FUNDING
LEVELS AND ADVISORY TASK FORCE REVIEW.] Any decrease in the amount of
federal funding to the state for the maternal and child health block grant must
be apportioned to reflect a proportional decrease for each recipient. Any increase in the amount of federal funding
to the state must be distributed under subdivisions 2, and 3,
and 4.
The advisory task force shall review and recommend the
proportion of maternal and child health block grant funds to be expended for
indirect costs, direct services and special projects.
Sec. 5. Minnesota
Statutes 2002, section 145.882, subdivision 2, is amended to read:
Subd. 2. [ALLOCATION TO
THE COMMISSIONER OF HEALTH.] Beginning January 1, 1986, up to one-third of the
total maternal and child health block grant money may be retained by the
commissioner of health for administrative and technical assistance services,
projects of regional or statewide significance, direct services to children
with handicaps, and other activities of the commissioner. to:
(1) meet federal maternal and child block grant requirements
of a statewide needs assessment every five years and prepare the annual
federal block grant application and report;
(2) collect and disseminate statewide data on the health
status of mothers and children within one year of the end of the year;
(3) provide technical assistance to community health boards
in meeting statewide outcomes under section 145A.12, subdivision 7;
(4) evaluate the impact of maternal and child health activities
on the health status of mothers and children;
(5) provide services to children under age 16 receiving benefits
under title XVI of the Social Security Act; and
(6) perform other maternal and child health activities listed
in section 145.88 and as deemed necessary by the commissioner.
Sec. 6. Minnesota
Statutes 2002, section 145.882, subdivision 3, is amended to read:
Subd. 3. [ALLOCATION TO
COMMUNITY HEALTH SERVICES AREAS BOARDS.] (a) The maternal
and child health block grant money remaining after distributions made under
subdivision 2 must be allocated according to the formula in subdivision 4 to
community health services areas section 145A.131, subdivision 2, for
distribution by to community health boards. as defined
in section 145A.02, subdivision 5, to qualified programs that provide essential
services within the community health services area as long as:
(1) the Minneapolis community health service area is
allocated at least $1,626,215 per year;
(2) the St. Paul community health service area is allocated
at least $822,931 per year; and
(3) all other community health service areas are allocated
at least $30,000 per county per year or their 1988-1989 funding cycle award,
whichever is less.
(b) Notwithstanding paragraph (a), if the total amount of
maternal and child health block grant funding decreases, the decrease must be
apportioned to reflect a proportional decrease for each recipient, including
recipients who would otherwise receive a guaranteed minimum allocation under
paragraph (a).
Sec. 7. Minnesota
Statutes 2002, section 145.882, is amended by adding a subdivision to read:
Subd. 5a.
[NONPARTICIPATING COMMUNITY HEALTH BOARDS.] If a community
health board decides not to participate in maternal and child health
block grant activities under subdivision 3 or the commissioner
determines under section 145A.131, subdivision 7, not to fund the
community health board, the commissioner is responsible for directing
maternal and child health block grant activities in that community
health board's geographic area. The commissioner may elect to directly
provide public health activities to meet the statewide outcomes or to
contract with other governmental units or nonprofit organizations.
Sec. 8. Minnesota
Statutes 2002, section 145.882, subdivision 7, is amended to read:
Subd. 7. [USE OF BLOCK
GRANT MONEY.] (a) Maternal and child health block grant money allocated
to a community health board or community health services area under this
section must be used for qualified programs for high risk and low-income
individuals. Block grant money must be
used for programs that:
(1) specifically address the highest risk populations,
particularly low-income and minority groups with a high rate of infant
mortality and children with low birth weight, by providing services, including
prepregnancy family planning services, calculated to produce measurable
decreases in infant mortality rates, instances of children with low birth
weight, and medical complications associated with pregnancy and childbirth,
including infant mortality, low birth rates, and medical complications arising
from chemical abuse by a mother during pregnancy;
(2) specifically target pregnant women whose age, medical
condition, maternal history, or chemical abuse substantially increases the
likelihood of complications associated with pregnancy and childbirth or the
birth of a child with an illness, disability, or special medical needs;
(3) specifically address the health needs of young children who
have or are likely to have a chronic disease or disability or special medical
needs, including physical, neurological, emotional, and developmental problems
that arise from chemical abuse by a mother during pregnancy;
(4) provide family planning and preventive medical care for
specifically identified target populations, such as minority and low-income
teenagers, in a manner calculated to decrease the occurrence of inappropriate
pregnancy and minimize the risk of complications associated with pregnancy and
childbirth; or
(5) specifically address the frequency and severity of
childhood and adolescent health issues, including injuries in high risk
target populations by providing services calculated to produce measurable
decreases in mortality and morbidity.; However, money may be
used for this purpose only if the community health board's application includes
program components for the purposes in clauses (1) to (4) in the proposed
geographic service area and the total expenditure for injury-related programs
under this clause does not exceed ten percent of the total allocation under
subdivision 3.
(b) Maternal and child health block grant money may be used
for purposes other than the purposes listed in this subdivision only under the
following conditions:
(1) the community health board or community health services
area can demonstrate that existing programs fully address the needs of the
highest risk target populations described in this subdivision; or
(2) the money is used to continue projects that received
funding before creation of the maternal and child health block grant in 1981.
(c) Projects that received funding before creation of the
maternal and child health block grant in 1981, must be allocated at least the
amount of maternal and child health special project grant funds received in 1989,
unless (1) the local board of health provides equivalent alternative funding
for the project from another source; or (2) the local board of health
demonstrates that the need for the specific services provided by the project
has significantly decreased as a result of changes in the demographic
characteristics of the population, or other factors that have a major impact on
the demand for services. If the amount
of federal funding to the state for the maternal and child health block grant
is decreased, these projects must receive a proportional decrease as required
in subdivision 1. Increases in allocation amounts to local boards of health
under subdivision 4 may be used to increase funding levels for these projects.
(6) specifically address preventing child abuse and neglect,
reducing juvenile delinquency, promoting positive parenting and
resiliency in children, and promoting family health and economic
sufficiency through public health nurse home visits under section
145A.17; or
(7) specifically address nutritional issues of women, infants,
and young children through WIC clinic services.
Sec. 9. [145.8821] [ACCOUNTABILITY.]
(a) Coordinating with the statewide outcomes established
under section 145A.12, subdivision 7, and with accountability measures
outlined in section 145A.131, subdivision 7, each community health board
that receives money under section 145.882, subdivision 3, shall select
by February 1, 2005, and every five years thereafter, up to two
statewide maternal and child health outcomes.
(b) For the period January 1, 2004, to December 31, 2005,
each community health board must work toward the Healthy People 2010
goal to reduce the state's percentage of low birth weight infants.
(c) The commissioner shall monitor and evaluate whether each
community health board has made sufficient progress toward the selected
outcomes established in paragraph (b) and under section 145A.12,
subdivision 7.
(d) Community health boards shall provide the commissioner
with annual information necessary to evaluate progress toward selected
statewide outcomes and to meet federal reporting requirements.
Sec. 10. Minnesota
Statutes 2002, section 145.883, subdivision 1, is amended to read:
Subdivision 1. [SCOPE.]
For purposes of sections 145.881 to 145.888 145.883, the terms
defined in this section shall have the meanings given them.
Sec. 11. Minnesota
Statutes 2002, section 145.883, subdivision 9, is amended to read:
Subd. 9. [COMMUNITY
HEALTH SERVICES AREA BOARD.] "Community health services
area board" means a city, county, or multicounty area that
is organized as a community health board under section 145A.09 and for which a
state subsidy is received under sections 145A.09 to 145A.13 a board of
health established, operating, and eligible for a local public health
grant under sections 145A.09 to 145A.131.
Sec. 12. Minnesota
Statutes 2002, section 145A.02, subdivision 5, is amended to read:
Subd. 5. [COMMUNITY
HEALTH BOARD.] "Community health board" means a board of health
established, operating, and eligible for a subsidy local public
health grant under sections 145A.09 to 145A.13 145A.131.
Sec. 13. Minnesota
Statutes 2002, section 145A.02, subdivision 6, is amended to read:
Subd. 6. [COMMUNITY
HEALTH SERVICES.] "Community health services" means activities
designed to protect and promote the health of the general population within a
community health service area by emphasizing the prevention of disease, injury,
disability, and preventable death through the promotion of effective
coordination and use of community resources, and by extending health services
into the community. Program
categories of community health services include disease prevention and control,
emergency medical care, environmental health, family health, health promotion,
and home health care.
Sec. 14. Minnesota
Statutes 2002, section 145A.02, subdivision 7, is amended to read:
Subd. 7. [COMMUNITY
HEALTH SERVICE AREA.] "Community health service area" means a city,
county, or multicounty area that is organized as a community health board under
section 145A.09 and for which a subsidy local public health grant
is received under sections 145A.09 to 145A.13 145A.131.
Sec. 15. Minnesota Statutes 2002, section 145A.06, subdivision 1, is
amended to read:
Subdivision 1.
[GENERALLY.] In addition to other powers and duties provided by law, the
commissioner has the powers listed in subdivisions 2 to 4 5.
Sec. 16. Minnesota
Statutes 2002, section 145A.09, subdivision 2, is amended to read:
Subd. 2. [COMMUNITY
HEALTH BOARD; ELIGIBILITY.] A board of health that meets the requirements of
sections 145A.09 to 145A.13 145A.131 is a community health board
and is eligible for a community health subsidy local public health
grant under section 145A.13 145A.131.
Sec. 17. Minnesota
Statutes 2002, section 145A.09, subdivision 4, is amended to read:
Subd. 4. [CITIES.] A
city that received a subsidy under section 145A.13 and that meets the
requirements of sections 145A.09 to 145A.13 145A.131 is eligible
for a community health subsidy local public health grant under
section 145A.13 145A.131.
Sec. 18. Minnesota
Statutes 2002, section 145A.09, subdivision 7, is amended to read:
Subd. 7. [WITHDRAWAL.]
(a) A county or city that has established or joined a community health board
may withdraw from the subsidy local public health grant program
authorized by sections 145A.09 to 145A.13 145A.131 by resolution
of its governing body in accordance with section 145A.03, subdivision 3, and
this subdivision.
(b) A county or city may not withdraw from a joint powers
community health board during the first two calendar years following that
county's or city's initial adoption of the joint powers agreement.
(c) The withdrawal of a county or city from a community health
board does not affect the eligibility for the community health subsidy local
public health grant of any remaining county or city for one calendar year
following the effective date of withdrawal.
(d) The amount of additional annual payment for calendar
year 1985 made pursuant to Minnesota Statutes 1984, section 145.921,
subdivision 4, must be subtracted from the subsidy for a county that, due to
withdrawal from a community health board, ceases to meet the terms and
conditions under which that additional annual payment was made The local
public health grant for a county that chooses to withdraw from a
multicounty community health board shall be reduced by the amount of the
local partnership incentive under section 145A.131, subdivision 2,
paragraph (c).
Sec. 19. Minnesota
Statutes 2002, section 145A.10, subdivision 2, is amended to read:
Subd. 2. [PREEMPTION.]
(a) Not later than 365 days after the approval of a community health plan by
the commissioner formation of a community health board, any other board
of health within the community health service area for which the plan has been
prepared must cease operation, except as authorized in a joint powers agreement
under section 145A.03, subdivision 2, or delegation agreement under section
145A.07, subdivision 2, or as otherwise allowed by this subdivision.
(b) This subdivision does not preempt or otherwise change the
powers and duties of any city or county eligible for subsidy a local
public health grant under section 145A.09.
(c) This subdivision does not preempt the authority to operate
a community health services program of any city of the first or second class
operating an existing program of community health services located within a
county with a population of 300,000 or more persons until the city council
takes action to allow the county to preempt the city's powers and duties.
Sec. 20. Minnesota Statutes 2002, section 145A.10, is amended by adding a
subdivision to read:
Subd. 5a.
[DUTIES.] (a) Consistent with the guidelines and standards established
under section 145A.12, and with input from the community, the community
health board shall:
(1) establish local public health priorities based on an
assessment of community health needs and assets; and
(2) determine the mechanisms by which the community health
board will address the local public health priorities established
under clause (1) and achieve the statewide outcomes established under
sections 145.8821 and 145A.12, subdivision 7, within the limits of
available funding. In determining the
mechanisms to address local public health priorities and achieve statewide
outcomes, the community health board shall seek public input or consider
the recommendations of the community health advisory committee and the
following essential public health services:
(i) monitor health status to identify community health problems;
(ii) diagnose and investigate problems and health hazards
in the community;
(iii) inform, educate, and empower people about health issues;
(iv) mobilize community partnerships to identify and solve
health problems;
(v) develop policies and plans that support individual and
community health efforts;
(vi) enforce laws and regulations that protect health and
ensure safety;
(vii) link people to needed personal health care services;
(viii) ensure a competent public health and personal health
care workforce;
(ix) evaluate effectiveness, accessibility, and quality of
personal and population-based health services; and
(x) research for new insights and innovative solutions to
health problems.
(b) By February 1, 2005, and every five years thereafter,
each community health board that receives a local public health grant
under section 145A.131 shall notify the commissioner in writing of the
statewide outcomes established under sections 145.8821 and 145A.12,
subdivision 7, that the board will address and the local priorities
established under paragraph (a) that the board will address.
(c) Each community health board receiving a local public
health grant under section 145A.131 must submit an annual report to
the commissioner documenting progress towards the achievement of
statewide outcomes established under sections 145.8821 and 145A.12,
subdivision 7, and the local public health priorities established under paragraph
(a), using reporting standards and procedures established by the
commissioner and in compliance with all applicable federal
requirements. If a community health
board has identified additional local priorities for use of the local
public health grant since the last notification of outcomes and
priorities under paragraph (b), the community health board shall notify
the commissioner of the additional local public health priorities in the
annual report.
Sec. 21. Minnesota Statutes 2002, section 145A.10, subdivision 10, is
amended to read:
Subd. 10. [STATE AND
LOCAL ADVISORY COMMITTEES.] (a) A state community health advisory committee is
established to advise, consult with, and make recommendations to the
commissioner on the development, maintenance, funding, and evaluation of
community health services. Each
community health board may appoint a member to serve on the committee. The committee must meet at least quarterly,
and special meetings may be called by the committee chair or a majority of the
members. Members or their alternates may receive a per diem and must be
reimbursed for travel and other necessary expenses while engaged in their
official duties.
(b) The city councils or county boards that have established or
are members of a community health board must may appoint a
community health advisory committee to advise, consult with, and make
recommendations to the community health board on matters relating to the
development, maintenance, funding, and evaluation of community health services. The committee must consist of at least five
members and must be generally representative of the population and health care
providers of the community health service area. The committee must meet at least three times a year and at the
call of the chair or a majority of the members. Members may receive a per diem and reimbursement for travel and
other necessary expenses while engaged in their official duties.
(c) State and local advisory committees must adopt bylaws or
operating procedures that specify the length of terms of membership, procedures
for assuring that no more than half of these terms expire during the same year,
and other matters relating to the conduct of committee business. Bylaws or operating procedures may allow one
alternate to be appointed for each member of a state or local advisory
committee. Alternates may be given full
or partial powers and duties of members the duties under
subdivision 5a.
Sec. 22. Minnesota
Statutes 2002, section 145A.11, subdivision 2, is amended to read:
Subd. 2. [CONSIDERATION
OF COMMUNITY HEALTH PLAN LOCAL PUBLIC HEALTH PRIORITIES AND
STATEWIDE OUTCOMES IN TAX LEVY.] In levying taxes authorized under section
145A.08, subdivision 3, a city council or county board that has formed or is a
member of a community health board must consider the income and expenditures
required to meet the objectives of the community health plan for its area
local public health priorities established under section 145A.10,
subdivision 5a, and statewide outcomes established under section
145A.12, subdivision 7.
Sec. 23. Minnesota
Statutes 2002, section 145A.11, subdivision 4, is amended to read:
Subd. 4. [ORDINANCES
RELATING TO COMMUNITY HEALTH SERVICES.] A city council or county board that has
established or is a member of a community health board may by ordinance adopt
and enforce minimum standards for services provided according to sections
145A.02 and 145A.10, subdivision 5.
An ordinance must not conflict with state law or with more stringent
standards established either by rule of an agency of state government or by the
provisions of the charter or ordinances of any city organized under section
145A.09, subdivision 4.
Sec. 24. Minnesota
Statutes 2002, section 145A.12, subdivision 1, is amended to read:
Subdivision 1.
[ADMINISTRATIVE AND PROGRAM SUPPORT.] The commissioner must assist
community health boards in the development, administration, and implementation
of community health services. This
assistance may consist of but is not limited to:
(1) informational resources, consultation, and training to help
community health boards plan, develop, integrate, provide and evaluate
community health services; and
(2) administrative and program guidelines and standards,
developed with the advice of the state community health advisory
committee. Adoption of these
guidelines by a community health board is not a prerequisite for plan approval
as prescribed in subdivision 4.
Sec. 25. Minnesota
Statutes 2002, section 145A.12, subdivision 2, is amended to read:
Subd. 2. [PERSONNEL
STANDARDS.] In accordance with chapter 14, and in consultation with the state
community health advisory committee, the commissioner may adopt rules to set
standards for administrative and program personnel to ensure competence in administration
and planning and in each program area defined in section 145A.02.
Sec. 26. Minnesota
Statutes 2002, section 145A.12, is amended by adding a subdivision to read:
Subd. 7.
[STATEWIDE OUTCOMES.] (a) The commissioner, in consultation
with the state community health advisory committee established under
section 145A.10, subdivision 10, paragraph (a), shall establish
statewide outcomes for local public health grant funds allocated to
community health boards between January 1, 2004, and December 31, 2005.
(b) At least one statewide outcome must be established in
each of the following public health areas:
(1) preventing diseases;
(2) protecting against environmental hazards;
(3) preventing injuries;
(4) promoting healthy behavior;
(5) responding to disasters; and
(6) ensuring access to health services.
(c) The commissioner shall use Minnesota's public health
goals established under section 62J.212 and the essential public health
services under section 145A.10, subdivision 5a, as a basis for the
development of statewide outcomes.
(d) The statewide maternal and child health outcomes established
under section 145.8821 shall be included as statewide outcomes under
this section.
(e) By December 31, 2004, and every five years thereafter,
the commissioner, in consultation with the state community health
advisory committee established under section 145A.10, subdivision 10,
paragraph (a), and the maternal and child health advisory task force
established under section 145.881, shall develop statewide outcomes for
the local public health grant established under section 145A.131, based
on state and local assessment data regarding the health of Minnesota
residents, the essential public health services under section 145A.10,
and current Minnesota public health goals established under section 62J.212.
Sec. 27. Minnesota
Statutes 2002, section 145A.13, is amended by adding a subdivision to read:
Subd. 4.
[EXPIRATION.] This section expires January 1, 2004.
Sec. 28. [145A.131]
[LOCAL PUBLIC HEALTH GRANT.]
Subdivision 1.
[FUNDING FORMULA FOR COMMUNITY HEALTH BOARDS] (a) The state community
health advisory committee shall recommend a formula to the commissioner
to use in distributing state and federal funds to community health
boards organized and operating under sections 145A.09 to 145A.131 to
achieve locally identified priorities under section 145A.10, subdivision
5a, and selected statewide outcomes under section 145A.12, subdivision
7, by July 1, 2004, for use of distributing funds to community health
boards beginning January 1, 2006, and thereafter.
(b) This paragraph and paragraph (c) create base funding
for the local public health grant formula.
A community health board eligible for a local public health grant
under section 145A.09, subdivision 2, shall receive no less for any
calendar year than 50 percent of the board's 2002-2003 fiscal year allocations,
prior to unallotment in fiscal year 2003, of the following awards: community health services subsidy; maternal
and child health special projects grants; and state allocations of
women, infants, and children.
(c) A community health board eligible for a local public
health grant under section 145A.09, subdivision 2, shall receive no
less for any calendar year than a combination of 50 percent of the
board's 2002-2003 fiscal year award for family home visiting and 50
percent of the board's anticipated 2004-2005 fiscal year award for
family home visiting.
(d) Base funding for a community health board eligible for
a local public health grant under section 145A.09, subdivision 2,
shall be reduced or increased equally among all community health boards.
(e) Multicounty community health boards shall receive a local
partnership base of up to $15,000 per year for each county included in
the community health board. The
multicounty base will be limited in fiscal years 2004 and 2005 so as not
to exceed a community health board's allocations as defined in paragraphs
(b) and (c).
Subd. 2. [LOCAL
MATCH.] (a) A community health board that receives a local public
health grant shall provide a 50 percent match for the local public
health grant funds described in paragraph (b), subject to paragraphs (b)
to (e).
(b) Eligible funds must be used to meet match requirements.
Eligible funds include funds from local property taxes, reimbursements
from third parties, fees, other state funds, and donations or nonfederal
grants that are used for community health services described in section
145A.02, subdivision 6.
(c) Community health boards must provide documentation that
the 50 percent match for funds received under United States Code,
title 42, sections 701 to 709, is used for maternal and child health
activities as described in section 145.882, subdivision 7.
(d) When the amount of local matching funds for a community
health board is less than the amount required under paragraph (a),
the local public health grant provided for that community health board
under this section shall be reduced proportionally.
(e) A city organized under the provision of sections 145A.09
to 145A.131 that levies a tax for provision of community health services
is exempt from any county levy for the same services to the extent of
the levy imposed by the city.
Subd. 3.
[ADDITIONAL FUNDS.] Additional state or federal funds
distributed to community health boards to achieve specific outcomes
shall be distributed as part of the local public health grant
established in subdivision 1.
Additional outcomes for these funds, if not specified by federal
or state law, shall be developed by the commissioner in consultation
with the state community health advisory committee established under
section 145A.10, subdivision 10, and the maternal and child health advisory
task force established under section 145.881.
Subd. 4.
[SPECIAL PROJECT GRANTS.] Notwithstanding other requirements
of this section, the commissioner in consultation with the state
community health advisory committee may choose to fund noncompetitive
special project grants for projects by select community health boards,
according to state or federal law.
These special project grant funds shall be distributed as a part
of a community health board's local public health grant established in
subdivision 1.
Subd. 5.
[RESPONSIBILITY OF COMMISSIONER TO ENSURE A STATEWIDE PUBLIC HEALTH
SYSTEM.] If a county withdraws from a community health board and
operates as a board of health or if a community health board elects not
to accept the local public health grant, the commissioner may retain the
amount of funding that would have been allocated to the community health
board using the formula described in subdivision 1 and assume responsibility
for public health activities to meet the statewide outcomes in the
geographic area served by the board of health or community health
board. The commissioner may elect to
directly provide public health activities to meet the statewide outcomes
or contract with other units of government or with community-based
organizations. If a city that is
currently a community health board withdraws from a community health
board or elects not to accept the local public health grant, the local
public health grant funds that would have been allocated to that city
shall be distributed to the county in which the city is located, if the
county is part of a community health board.
Subd. 6.
[ACCOUNTABILITY.] (a) Community health boards accepting local
public health grants must document progress towards the selected
statewide outcomes established in section 145A.12, subdivision 7, to
maintain eligibility to receive the local public health grant.
(b) If the commissioner determines that a community health
board has not by the applicable deadline documented progress in one
or more of the statewide outcomes established under section 145.8821 or
145A.12, subdivision 7, then the commissioner may determine not to
distribute future funds to the community health board under subdivision
1. If the commissioner determines not
to distribute future funds, the commissioner must give the community
health board written notice of this determination. In determining whether or not to distribute future funds
to the community health board, the commissioner shall consider the following
factors with respect to the statewide outcomes for which the community
health board did not demonstrate sufficient progress:
(1) the difficulty of meeting the statewide outcome;
(2) the effort put forth by the community health board to
meet the statewide outcome;
(3) the number of statewide outcomes that the community health
board did not meet;
(4) whether the community health board has previously failed
to meet statewide outcomes under this section;
(5) the amount of funding received by the community health
board to address the statewide outcomes; and
(6) other factors as justice may require, if the commissioner
specifically identifies the additional factors in the commissioner's
written notice of determination.
(c) If a community health board does not document progress
towards the selected statewide outcomes, the commissioner may retain
local public health grant funds and assume responsibility for directly
carrying out activities to meet the statewide outcomes or contract with
other units of government or community-based organizations to assume
responsibility for the statewide outcomes. If the community health board that does not document
progress towards the selected statewide outcomes is a city, the
commissioner shall distribute the local public health grant funds that
would have been allocated to that city to the county in which the city
is located, if the county is part of a community health board.
(d) The commissioner shall establish a reporting system
for community health boards to report their progress. The system shall be developed in
consultation with the state community health advisory committee
established under section 145A.10, subdivision 10, paragraph (a), and
the maternal and child health advisory task force established under
section 145.881.
Subd. 7. [LOCAL
PUBLIC HEALTH PRIORITIES.] Community health boards may use their
local public health grant to address local public health priorities
identified under section 145A.10, subdivision 5a.
Sec. 29. Minnesota
Statutes 2002, section 145A.14, subdivision 2, is amended to read:
Subd. 2. [INDIAN HEALTH
GRANTS.] (a) The commissioner may make special grants to community health
boards to establish, operate, or subsidize clinic facilities and services
to furnish health services for American Indians who reside off reservations.
(b) To qualify for a grant under this subdivision the
community health plan submitted by the community health board must contain a
proposal for the delivery of the services and documentation that
representatives of the Indian community affected by the plan were involved in its
development.
(c) Applicants must submit for approval a plan and
budget for the use of the funds in the form and detail specified by the
commissioner.
(d) (c) Applicants must keep records, including
records of expenditures to be audited, as the commissioner specifies.
Sec. 30. Minnesota
Statutes 2002, section 145A.14, is amended by adding a subdivision to read:
Subd. 2a.
[TRIBAL GOVERNMENTS.] (a) Of the funding available for local
public health grants, $2,000,000 per year is available to tribal
governments for:
(1) maternal and child health activities under section 145.882,
subdivision 7;
(2) activities to reduce health disparities under section
145.928, subdivision 10; and
(3) emergency preparedness.
(b) The commissioner, in consultation with tribal governments,
shall establish a formula for distributing the funds and developing the
outcomes to be measured.
Sec. 31. [REVISOR'S
INSTRUCTION.]
(a) The revisor of statutes shall delete "145A.13"
and insert "145A.131" in Minnesota Statutes, sections 145A.03,
subdivision 1; 145A.04, subdivision 4; 145A.10, subdivision 1; 256E.03,
subdivision 2; 383B.221, subdivision 2; and 402.02, subdivision 2.
(b) For sections in Minnesota Statutes and Minnesota Rules
affected by the repealed sections in this article, the revisor shall
delete internal cross-references where appropriate and make changes
necessary to correct the punctuation, grammar, or structure of the
remaining text and preserve its meaning.
Sec. 32.
[REPEALER.]
(a) Minnesota Statutes 2002, sections 144.401; 144.9507,
subdivision 3; 145.56, subdivision 2; 145.882, subdivisions 4, 5, 6,
and 8; 145.883, subdivisions 4 and 7; 145.884; 145.885; 145.886;
145.888; 145.889; 145.890; 145.9266, subdivisions 2, 4, 5, 6, and 7;
145.928, subdivision 9; 145A.02, subdivisions 9, 10, 11, 12, 13, and 14;
145A.09, subdivision 6; 145A.10, subdivisions 5, 6, and 8; 145A.11,
subdivision 3; 145A.12, subdivisions 3, 4, and 5; 145A.14, subdivisions
3 and 4; and 145A.17, subdivision 2, are repealed.
(b) Minnesota Rules, parts 4736.0010; 4736.0020; 4736.0030;
4736.0040; 4736.0050; 4736.0060; 4736.0070; 4736.0080; 4736.0090;
4736.0120; and 4736.0130, are repealed effective January 1, 2004.
(c) Minnesota Rules, parts 4705.0100; 4705.0200; 4705.0300;
4705.0400; 4705.0500; 4705.0600; 4705.0700; 4705.0800; 4705.0900;
4705.1000; 4705.1100; 4705.1200; 4705.1300; 4705.1400; 4705.1500; and
4705.1600, are repealed effective June 30, 2004.
ARTICLE 10
CHILD
CARE AND MISCELLANEOUS PROVISIONS
Section 1. Minnesota
Statutes 2002, section 119B.011, subdivision 5, is amended to read:
Subd. 5. [CHILD CARE.]
"Child care" means the care of a child by someone other than a parent
or, stepparent, legal guardian, eligible relative caregiver,
or the spouses of any of the foregoing in or outside the child's own
home for gain or otherwise, on a regular basis, for any part of a 24-hour day.
Sec. 2. Minnesota
Statutes 2002, section 119B.011, subdivision 6, is amended to read:
Subd. 6. [CHILD CARE
FUND.] "Child care fund" means a program under this chapter
providing:
(1) financial assistance for child care to parents engaged in
employment, job search, or education and training leading to employment, or
an at-home infant care subsidy; and
(2) grants to develop, expand, and improve the access and
availability of child care services statewide.
Sec. 3. Minnesota
Statutes 2002, section 119B.011, subdivision 15, is amended to read:
Subd. 15. [INCOME.]
"Income" means earned or unearned income received by all family
members, including public assistance cash benefits and at-home infant care
subsidy payments, unless specifically excluded and child support and
maintenance distributed to the family under section 256.741, subdivision
15. The following are excluded from
income: funds used to pay for health
insurance premiums for family members, Supplemental Security Income,
scholarships, work-study income, and grants that cover costs or reimbursement
for tuition, fees, books, and educational supplies; student loans for tuition,
fees, books, supplies, and living expenses; state and federal earned income tax
credits; assistance specifically excluded as income by law;
in-kind income such as food stamps, energy assistance, foster care assistance,
medical assistance, child care assistance, and housing subsidies; earned income
of full-time or part-time students up to the age of 19, who have not earned a
high school diploma or GED high school equivalency diploma including earnings
from summer employment; grant awards under the family subsidy program;
nonrecurring lump sum income only to the extent that it is earmarked and used
for the purpose for which it is paid; and any income assigned to the public
authority according to section 256.741.
Sec. 4. Minnesota Statutes 2002, section 119B.011, subdivision 19, is
amended to read:
Subd. 19. [PROVIDER.]
"Provider" means: (1)
an individual or child care center or facility, either licensed or unlicensed,
providing legal child care services as defined under section 245A.03; or (2)
an individual or child care center or facility holding a valid child
care license issued by another state or a tribe and providing child care
services in the licensing state or in the area under the licensing
tribe's jurisdiction. A legally unlicensed
registered family child care provider must be at least 18 years of age,
and not a member of the MFIP assistance unit or a member of the family
receiving child care assistance to be authorized under this chapter.
Sec. 5. Minnesota
Statutes 2002, section 119B.011, is amended by adding a subdivision to read:
Subd. 19a.
[REGISTRATION.] "Registration" means the process
used by a county to determine whether the provider selected by a family
applying for or receiving child care assistance to care for that
family's children meets the requirements necessary for payment of child
care assistance for care provided by that provider.
Sec. 6. Minnesota
Statutes 2002, section 119B.011, subdivision 21, is amended to read:
Subd. 21. [RECOUPMENT
OF OVERPAYMENTS.] "Recoupment of overpayments" means the reduction of
child care assistance payments to an eligible family or a child care
provider in order to correct an overpayment to the family even when the
overpayment is due to agency error or other circumstances outside the
responsibility or control of the family of child care assistance.
Sec. 7. Minnesota
Statutes 2002, section 119B.011, is amended by adding a subdivision to read:
Subd. 23.
[FEDERAL POVERTY GUIDELINES.] "Federal poverty guidelines"
means the annual poverty guidelines for a family of four, adjusted for
family size, published annually by the United States Department of
Health and Human Services in the Federal Register.
Sec. 8. Minnesota
Statutes 2002, section 119B.02, subdivision 1, is amended to read:
Subdivision 1. [CHILD
CARE SERVICES.] The commissioner shall develop standards for county and human
services boards to provide child care services to enable eligible families to
participate in employment, training, or education programs. Within the limits
of available appropriations, the commissioner shall distribute money to
counties to reduce the costs of child care for eligible families. The commissioner shall adopt rules to govern
the program in accordance with this section.
The rules must establish a sliding schedule of fees for parents
receiving child care services. The
rules shall provide that funds received as a lump sum payment of child support
arrearages shall not be counted as income to a family in the month received but
shall be prorated over the 12 months following receipt and added to the family
income during those months. In the
rules adopted under this section, county and human services boards shall be
authorized to establish policies for payment of child care spaces for absent
children, when the payment is required by the child's regular provider. The rules shall not set a maximum number of
days for which absence payments can be made, but instead shall direct the
county agency to set limits and pay for absences according to the prevailing
market practice in the county. County
policies for payment of absences shall be subject to the approval of the
commissioner. The commissioner
shall maximize the use of federal money under title I and title IV of Public
Law Number 104-193, the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, and other programs that provide federal or state
reimbursement for child care services for low-income families who are in
education, training, job search, or other activities allowed under those
programs. Money appropriated under this section must be coordinated with the
programs that provide federal reimbursement for child care services to
accomplish this purpose. Federal reimbursement
obtained must be allocated to the county that spent money for child care that
is federally reimbursable under programs that provide federal reimbursement for
child care services. The counties shall
use the federal money to expand child care services. The commissioner may adopt rules under chapter 14 to implement
and coordinate federal program requirements.
Sec. 9. [119B.025] [DUTIES OF COUNTIES.]
Subdivision 1.
[FACTORS WHICH MUST BE VERIFIED.] (a) The county shall verify
the following at all initial child care applications and all
recertifications using the universal application:
(1) identity of adults;
(2) presence of the minor child in the home, if questionable;
(3) relationship of minor child to caregivers;
(4) age;
(5) immigration status, if related to eligibility;
(6) social security number, if given;
(7) income;
(8) spousal support and child support payments made to persons
outside the household;
(9) residence;
(10) inconsistent information, if related to eligibility;
and
(11) any other information the county deems necessary to
determine eligibility.
(b) Each county shall develop a recertification form to redetermine
eligibility that minimizes paperwork for the county and the participant.
Subd. 2. [SOCIAL
SECURITY NUMBERS.] The county must request social security numbers
from all applicants for child care assistance under this chapter. A county may not deny child care
assistance solely on the basis of failure of an applicant to report a
social security number.
Sec. 10. Minnesota Statutes
2002, section 119B.03, subdivision 9, is amended to read:
Subd. 9. [PORTABILITY
POOL.] (a) The commissioner shall establish a pool of up to five percent of the
annual appropriation for the basic sliding fee program to provide continuous
child care assistance for eligible families who move between Minnesota
counties. At the end of each allocation
period, any unspent funds in the portability pool must be used for assistance
under the basic sliding fee program. If
expenditures from the portability pool exceed the amount of money available,
the reallocation pool must be reduced to cover these shortages.
(b) To be eligible for portable basic sliding fee assistance, a
family that has moved from a county in which it was receiving basic sliding fee
assistance to a county with a waiting list for the basic sliding fee program
must:
(1) meet the income and eligibility guidelines for the basic
sliding fee program; and
(2) notify the new county of residence within 30 60
days of moving and apply for basic sliding fee assistance in submit
information to the new county of residence to verify eligibility for
the basic sliding fee program.
(c) The receiving county must:
(1) accept administrative responsibility for applicants for
portable basic sliding fee assistance at the end of the two months of
assistance under the Unitary Residency Act;
(2) continue basic sliding fee assistance for the lesser of six
months or until the family is able to receive assistance under the county's
regular basic sliding program; and
(3) notify the commissioner through the quarterly reporting
process of any family that meets the criteria of the portable basic sliding fee
assistance pool.
Sec. 11. Minnesota
Statutes 2002, section 119B.05, subdivision 1, is amended to read:
Subdivision 1.
[ELIGIBLE PARTICIPANTS.] Families eligible for child care assistance
under the MFIP child care program are:
(1) MFIP participants who are employed or in job search and
meet the requirements of section 119B.10;
(2) persons who are members of transition year families under
section 119B.011, subdivision 20, and meet the requirements of
section 119B.10;
(3) families who are participating in employment orientation or
job search, or other employment or training activities that are included in an
approved employability development plan under chapter 256K;
(4) MFIP families who are participating in work job search, job
support, employment, or training activities as required in their job search
support or employment plan, or in appeals, hearings, assessments, or
orientations according to chapter 256J;
(5) MFIP families who are participating in social services
activities under chapter 256J or 256K as required in their employment plan
approved according to chapter 256J or 256K; and
(6) families who are participating in programs as required in
tribal contracts under section 119B.02, subdivision 2, or 256.01, subdivision
2.
Sec. 12. Minnesota
Statutes 2002, section 119B.08, subdivision 3, is amended to read:
Subd. 3. [CHILD CARE
FUND PLAN.] The county and designated administering agency shall submit a
biennial child care fund plan to the commissioner an annual child
care fund plan in its biennial community social services plan. The commissioner shall establish the dates
by which the county must submit the plans. The plan shall include:
(1) a narrative of the total program for child care
services, including all policies and procedures that affect eligible families
and are used to administer the child care funds;
(2) the methods used by the county to inform eligible
families of the availability of child care assistance and related services;
(3) the provider rates paid for all children with special
needs by provider type;
(4) the county prioritization policy for all eligible
families under the basic sliding fee program; and
(5) other a description of
strategies to coordinate and maximize public and private community
resources, including school districts, health care facilities,
government agencies, neighborhood organizations, and other resources
knowledgeable in early childhood development, in particular to
coordinate child care assistance with existing community-based programs
and service providers including child care resource and referral programs,
early childhood family education, school readiness, Head Start, local
interagency early intervention committees, special education services,
early childhood screening, and other early childhood care and education
services and programs to the extent possible, to foster collaboration
among agencies and other community-based programs that provide flexible,
family-focused services to families with young children and to facilitate
transition into kindergarten. The
county must describe a method by which to share information,
responsibility, and accountability among service and program providers;
(2) a description of procedures and methods to be used to
make copies of the proposed state plan reasonably available to the
public, including members of the public particularly interested in child
care policies such as parents, child care providers, culturally specific
service organizations, child care resource and referral programs,
interagency early intervention committees, potential collaborative
partners and agencies involved in the provision of care and education to
young children, and allowing sufficient time for public review and comment;
and
(3) information as requested by the department to ensure
compliance with the child care fund statutes and rules promulgated by the
commissioner.
The commissioner shall notify counties within 60 90
days of the date the plan is submitted whether the plan is approved or the
corrections or information needed to approve the plan. The commissioner shall withhold a county's
allocation until it has an approved plan.
Plans not approved by the end of the second quarter after the plan is
due may result in a 25 percent reduction in allocation. Plans not approved by the end of the third
quarter after the plan is due may result in a 100 percent reduction in the
allocation to the county. Counties are
to maintain services despite any reduction in their allocation due to plans not
being approved.
Sec. 13. Minnesota
Statutes 2002, section 119B.09, subdivision 1, is amended to read:
Subdivision 1. [GENERAL
ELIGIBILITY REQUIREMENTS FOR ALL APPLICANTS FOR CHILD CARE ASSISTANCE.] (a)
Child care services must be available to families who need child care to find
or keep employment or to obtain the training or education necessary to find
employment and who:
(1) meet the requirements of section 119B.05; receive MFIP
assistance; and are participating in employment and training services under
chapter 256J or 256K;
(2) have household income below the eligibility levels for
MFIP; or
(3) have household income within a range established by the
commissioner no greater than 250 percent of the federal poverty guidelines,
adjusted for family size.
(b) Child care services must be made available as in-kind
services.
(c) All applicants for child care assistance and families
currently receiving child care assistance must be assisted and required to
cooperate in establishment of paternity and enforcement of child support
obligations for all children in the family as a condition of program eligibility. For purposes of this section, a family is
considered to meet the requirement for cooperation when the family complies
with the requirements of section 256.741.
Sec. 14. Minnesota Statutes 2002, section 119B.09, subdivision 2, is
amended to read:
Subd. 2. [SLIDING FEE.]
Child care services to families with incomes in the commissioner's
established range must be made available on a sliding fee basis. The upper limit of the range must be
neither less than 70 percent nor more than 90 percent of the state median
income for a family of four, adjusted for family size.
Sec. 15. Minnesota
Statutes 2002, section 119B.09, subdivision 7, is amended to read:
Subd. 7. [DATE OF
ELIGIBILITY FOR ASSISTANCE.] (a) The date of eligibility for child care assistance
under this chapter is the later of the date the application was signed; the
beginning date of employment, education, or training; or the date a
determination has been made that the applicant is a participant in employment
and training services under Minnesota Rules, part 3400.0080, subpart 2a, or
chapter 256J or 256K. The date of
eligibility for the basic sliding fee at-home infant child care program is the
later of the date the infant is born or, in a county with a basic sliding fee
waiting list, the date the family applies for at-home infant child care.
(b) Payment ceases for a family under the at-home infant
child care program when a family has used a total of 12 months of assistance as
specified under section 119B.061.
Payment of child care assistance for employed persons on MFIP is
effective the date of employment or the date of MFIP eligibility, whichever is
later. Payment of child care assistance
for MFIP or work first participants in employment and training services is
effective the date of commencement of the services or the date of MFIP or work
first eligibility, whichever is later. Payment of child care assistance for
transition year child care must be made retroactive to the date of eligibility
for transition year child care.
Sec. 16. Minnesota
Statutes 2002, section 119B.09, is amended by adding a subdivision to read:
Subd. 9.
[LICENSED AND LEGAL NONLICENSED FAMILY CHILD CARE PROVIDERS;
ASSISTANCE.] Licensed and legal nonlicensed family child care
providers are not eligible to receive child care assistance subsidies
under this chapter for their own children or children in their custody.
Sec. 17. Minnesota
Statutes 2002, section 119B.09, is amended by adding a subdivision to read:
Subd. 10.
[PAYMENT OF FUNDS.] All federal, state, and local child care
funds must be paid directly to the parent when a provider cares for
children in the children's own home. In
all other cases, all federal, state, and local child care funds must
be paid directly to the child care provider, either licensed or legal
nonlicensed, on behalf of the eligible family.
Sec. 18. Minnesota
Statutes 2002, section 119B.11, subdivision 2a, is amended to read:
Subd. 2a. [RECOVERY OF
OVERPAYMENTS.] (a) An amount of child care assistance paid to a recipient
in excess of the payment due is recoverable by the county agency under
paragraphs (b) and (c), even when the overpayment was caused by agency
error or circumstances outside the responsibility and control of the
family or provider.
(b) An overpayment must be recouped or recovered from the
family if the overpayment benefited the family by causing the family
to pay less for child care expenses than the family otherwise would have
been required to pay under child care assistance program requirements. If the family remains eligible for child
care assistance, the overpayment must be recovered through recoupment as
identified in Minnesota Rules, part through voluntary repayment,
the county shall initiate civil court proceedings to recover the overpayment
unless the county's costs to recover the overpayment will exceed the amount of
the overpayment. A family with an
outstanding debt under this subdivision is not eligible for child care
assistance until: (1) the debt is paid
in full; or (2) satisfactory arrangements are made with the county to retire
the debt consistent with the requirements of this chapter and Minnesota Rules,
chapter 3400, and the family is in compliance with the arrangements. 3400.0140, subpart 19 3400.0187,
except that the overpayments must be calculated and collected on a
service period basis. If the
family no longer remains eligible for child care assistance, the county may
choose to initiate efforts to recover overpayments from the family for
overpayment less than $50. If the
overpayment is greater than or equal to $50, the county shall seek voluntary
repayment of the overpayment from the family.
If the county is unable to recoup the overpayment
(c) The county must recover an overpayment from a provider
if the overpayment did not benefit the family by causing it to receive
more child care assistance or to pay less for child care expenses than
the family otherwise would have been eligible to receive or required to
pay under child care assistance program requirements, and benefited the
provider by causing the provider to receive more child care assistance
than otherwise would have been paid on the family's behalf under child
care assistance program requirements.
If the provider continues to care for children receiving child
care assistance, the overpayment must be recovered through reductions in
child care assistance payments for services as described in an agreement
with the county. The provider
may not charge families using that provider more to cover the cost of
recouping the overpayment. If the provider no longer cares for children
receiving child care assistance, the county may choose to initiate
efforts to recover overpayments of less than $50 from the provider. If the overpayment is greater than or
equal to $50, the county shall seek voluntary repayment of the
overpayment from the provider. If the county is unable to recoup the
overpayment through voluntary repayment, the county shall initiate civil
court proceedings to recover the overpayment unless the county's costs
to recover the overpayment will exceed the amount of the overpayment. A provider with an outstanding debt under
this subdivision is not eligible to care for children receiving child
care assistance until: (1) the debt
is paid in full; or (2) satisfactory arrangements are made with the
county to retire the debt consistent with the requirements of this
chapter and Minnesota Rules, chapter 3400, and the provider is in
compliance with the arrangements.
(d) When both the family and the provider acted together to
intentionally cause the overpayment, both the family and the provider
are jointly liable for the overpayment regardless of who benefited from
the overpayment. The county must
recover the overpayment as provided in paragraphs (b) and (c). When the family or the provider is in
compliance with a repayment agreement, the party in compliance is
eligible to receive child care assistance or to care for children
receiving child care assistance despite the other party's noncompliance
with repayment arrangements.
Sec. 19. Minnesota
Statutes 2002, section 119B.12, subdivision 2, is amended to read:
Subd. 2. [PARENT FEE.] A
family must be assessed a parent fee for each service period. A family's monthly parent fee must be
a fixed percentage of its annual gross income.
Parent fees must apply to families eligible for child care assistance
under sections 119B.03 and 119B.05.
Income must be as defined in section 119B.011, subdivision 15. The fixed percent is based on the
relationship of the family's annual gross income to 100 250
percent of state median income the federal poverty guidelines. Beginning January 1, 1998, parent fees
must begin at 75 percent of the poverty level.
The minimum parent fees for families between 75 percent and 100 percent
of poverty level must be $5 per month.
Parent fees must be established in rule and must provide for graduated
movement to full payment.
Sec. 20. [119B.125]
[PROVIDER REQUIREMENTS.]
Subdivision 1.
[AUTHORIZATION.] Except as provided in subdivision 5, a county
must authorize a provider to receive child care assistance payments
before the county makes payment for care provided by that provider. The commissioner must establish the
requirements necessary for authorization of providers.
Subd. 2.
[PERSONS WHO CANNOT BE AUTHORIZED.] (a) A person who meets any
of the conditions under paragraphs (b) to (n) must not be authorized as
a legal nonlicensed family child care provider. For purposes of this subdivision, a finding
that a delinquency petition is proven in juvenile court must be considered
a conviction in state district court.
(b) The person has been convicted of one of the
following offenses or has admitted to committing or a preponderance of
the evidence indicates that the person has committed an act that meets
the definition of one of the following offenses: sections 609.185 to 609.195, murder in the first, second,
or third degree; 609.2661 to 609.2663, murder of an unborn child in the
first, second, or third degree; 609.322, solicitation, inducement, or
promotion of prostitution; 609.323, receiving profit from prostitution;
609.342 to 609.345, criminal sexual conduct in the first, second, third,
or fourth degree; 609.352, solicitation of children to engage in sexual
conduct; 609.365, incest; 609.377, felony malicious punishment of a
child; 617.246, use of minors in sexual performance; 617.247, possession
of pictorial representation of a minor; 609.2242 to 609.2243, felony
domestic assault; a felony offense of spousal abuse; a felony offense of
child abuse or neglect; a felony offense of a crime against children; or
an attempt or conspiracy to commit any of these offenses as defined in
Minnesota Statutes; or an offense in any other state or country where
the elements are substantially similar to any of the offenses listed
in this paragraph.
(c) Less than 15 years have passed since the discharge of
the sentence imposed for the offense and the person has received a
felony conviction for one of the following offenses, or the person has
admitted to committing or a preponderance of the evidence indicates that
the person has committed an act that meets the definition of a felony
conviction for one of the following offenses: sections 609.20 to 609.205, manslaughter in the first or
second degree; 609.21, criminal vehicular homicide; 609.215, aiding
suicide or aiding attempted suicide; 609.221 to 609.2231, assault in the
first, second, third, or fourth degree; 609.224, repeat offenses of
fifth degree assault; 609.228, great bodily harm caused by distribution
of drugs; 609.2325, criminal abuse of a vulnerable adult; 609.2335,
financial exploitation of a vulnerable adult; 609.235, use of drugs to
injure or facilitate a crime; 609.24, simple robbery; 617.241, repeat
offenses of obscene materials and performances; 609.245, aggravated
robbery; 609.25, kidnapping; 609.255, false imprisonment; 609.2664 to
609.2665, manslaughter of an unborn child in the first or second degree;
609.267 to 609.2672, assault of an unborn child in the first, second, or
third degree; 609.268, injury or death of an unborn child in the commission
of a crime; 609.27, coercion; 609.275, attempt to coerce; 609.324,
subdivision 1, other prohibited acts, minor engaged in prostitution;
609.3451, repeat offenses of criminal sexual conduct in the fifth
degree; 609.378, neglect or endangerment of a child; 609.52, theft;
609.521, possession of shoplifting gear; 609.561 to 609.563, arson in
the first, second, or third degree; 609.582, burglary in the first,
second, third, or fourth degree; 609.625, aggravated forgery; 609.63,
forgery; 609.631, check forgery, offering a forged check; 609.635,
obtaining signature by false pretenses; 609.66, dangerous weapon;
609.665, setting a spring gun; 609.67, unlawfully owning, possessing, or
operating a machine gun; 609.687, adulteration; 609.71, riot; 609.713,
terrorist threats; 609.749, harassment, stalking; 260.221, grounds for
termination of parental rights; 152.021 to 152.022, controlled substance
crime in the first or second degree; 152.023, subdivision 1, clause
(3) or (4), or 152.023, subdivision 2, clause (4), controlled substance
crime in third degree; 152.024, subdivision 1, clause (2), (3), or (4),
controlled substance crime in fourth degree; 617.23, repeat offenses of
indecent exposure; an attempt or conspiracy to commit any of these
offenses as defined in Minnesota Statutes; or an offense in any other
state or country where the elements are substantially similar to any of
the offenses listed in this paragraph.
(d) Less than ten years have passed since the discharge of
the sentence imposed for the offense and the person has received a
gross misdemeanor conviction for one of the following offenses or the
person has admitted to committing or a preponderance of the evidence
indicates that the person has committed an act that meets the definition
of a gross misdemeanor conviction for one of the following
offenses: sections 609.224, fifth
degree assault; 609.2242 to 609.2243, domestic assault; 518B.01, subdivision
14, violation of an order for protection; 609.3451, fifth degree
criminal sexual conduct; 609.746, repeat offenses of interference with
privacy; 617.23, repeat offenses of indecent exposure; 617.241, obscene
materials and performances; 617.243, indecent literature, distribution;
617.293, disseminating or displaying harmful material to minors; 609.71,
riot; 609.66, dangerous weapons; 609.749, harassment, stalking; 609.224,
subdivision 2, paragraph (c), fifth degree assault against a vulnerable
adult by a caregiver; 609.23, mistreatment of persons confined; 609.231,
mistreatment of residents or patients; 609.2325, criminal abuse of a
vulnerable adult; 609.2335, financial exploitation of a vulnerable
adult; 609.233, criminal neglect of a vulnerable adult; 609.234, failure
to report maltreatment of a vulnerable adult; 609.72, subdivision 3,
disorderly conduct against a vulnerable adult; 609.265, abduction;
609.378, neglect or endangerment of a child;
609.377, malicious punishment of a child; 609.324, subdivision 1a, other
prohibited acts, minor engaged in prostitution; 609.33, disorderly
house; 609.52, theft; 609.582, burglary in the first, second, third, or
fourth degree; 609.631, check forgery, offering a forged check; 609.275,
attempt to coerce; an attempt or conspiracy to commit any of these
offenses as defined in Minnesota Statutes; or an offense in any other
state or country where the elements are substantially similar to any of
the offenses listed in this paragraph.
(e) Less than seven years have passed since the discharge
of the sentence imposed for the offense and the person has received a
misdemeanor conviction for one of the following offenses or the person
has admitted to committing or a preponderance of the evidence indicates
that the person has committed an act that meets the definition of a
misdemeanor conviction for one of the following offenses: sections 609.224, fifth degree
assault; 609.2242, domestic assault; 518B.01, violation of an order for
protection; 609.3232, violation of an order for protection; 609.746,
interference with privacy; 609.79, obscene or harassing telephone calls;
609.795, letter, telegram, or package, opening, harassment; 617.23,
indecent exposure; 609.2672, assault of an unborn child, third degree;
617.293, dissemination and display of harmful materials to minors;
609.66, dangerous weapons; 609.665, spring guns; an attempt or
conspiracy to commit any of these offenses as defined in Minnesota
Statutes; or an offense in any other state or country where the elements
are substantially similar to any of the offenses listed in this paragraph.
(f) The person has been identified by the county's child
protection agency or by the statewide child protection database as
the person allegedly responsible for physical or sexual abuse of a child
within the last seven years.
(g) The person has been identified by the county's adult
protection agency or by the statewide adult protection database as
the person responsible for abuse or neglect of a vulnerable adult within
the last seven years.
(h) The person has refused to give written consent for disclosure
of criminal history records.
(i) The person has been denied a family child care license
or has received a fine or a sanction as a licensed child care provider
that has not been reversed on appeal.
(j) The person has a family child care licensing disqualification
that has not been set aside.
(k) The person has admitted or a county has found that there
is a preponderance of evidence that fraudulent information was given to
the county for application purposes or was used in submitting bills for
payment.
(l) The person has been convicted or there is a preponderance
of evidence of the crime of theft by wrongfully obtaining public
assistance.
(m) The person has a household member age 13 or older who
has access to children during the hours that care is provided and who
meets one of the conditions listed in paragraphs (b) to (l).
(n) The person has a household member ages ten to 12 who
has access to children during the hours that care is provided; information
or circumstances exist which provide the county with articulable
suspicion that further pertinent information may exist showing the
household member meets one of the conditions listed in paragraphs (b) to
(l); and the household member actually meets one of the conditions
listed in paragraphs (b) to (l).
Subd. 3.
[AUTHORIZATION EXCEPTION.] When a county denies a person
authorization as a legal nonlicensed family child care provider under
subdivision 2, the county later may authorize that person as a provider
if the following conditions are met:
(1) after receiving notice of the denial of the authorization,
the person applies for and obtains a valid child care license issued
under chapter 245A, issued by a tribe, or issued by another state;
(2) the person maintains the valid child care license;
and
(3) the person is providing child care in the state of licensure
or in the area under the jurisdiction of the licensing tribe.
Subd. 4. [UNSAFE
CARE.] A county may deny authorization as a child care provider to
any applicant or rescind authorization of any provider when the county
knows or has reason to believe that the provider is unsafe or that the
circumstances of the chosen child care arrangement are unsafe, even when
the grounds supporting this determination are not listed in subdivision
2. The county must include in the county's child care fund plan under
section 119B.08, subdivision 3, the standards used to determine whether
a provider or care arrangement is unsafe.
Subd. 5.
[RETROACTIVE PAYMENT.] Once a provider receives county
authorization, the county may issue retroactive payment to the provider
for child care services provided during the time between the county's
receipt of the completed application and final authorization of the
provider.
Subd. 6. [RECORD
KEEPING REQUIREMENT.] All providers must keep daily attendance
records for children receiving child care assistance and must make those
records available immediately to the county upon request. The daily attendance records must be retained
for six years after the date of service.
A county may deny authorization as a child care provider to any
applicant or rescind authorization of any provider when the county knows
or has reason to believe that the provider has not complied with the
record keeping requirement in this subdivision.
Sec. 21. Minnesota
Statutes 2002, section 119B.13, subdivision 1, is amended to read:
Subdivision 1. [SUBSIDY
RESTRICTIONS.] The maximum rate paid for child care assistance under the child
care fund may not exceed the 75th 60th percentile rate for
like-care arrangements in the county as surveyed by the commissioner. A rate which includes a provider bonus paid
under subdivision 2 or a special needs rate paid under subdivision 3 may be in excess
of the maximum rate allowed under this subdivision. The department shall monitor the effect of this paragraph on
provider rates. The county shall pay the provider's full charges for every
child in care up to the maximum established.
The commissioner shall determine the maximum rate for each type of care on
an hourly, full-day, and weekly basis, including special needs and
handicapped care. Not less than once
every two years, the commissioner shall evaluate market practices for payment
of absences and shall establish policies for payment of absent days that
reflect current market practice.
When the provider charge is greater than the maximum provider
rate allowed, the parent is responsible for payment of the difference in the
rates in addition to must pay any family copayment fee but the
provider cannot require the parent to pay the difference between the
maximum rate allowed and the provider charge.
Sec. 22. Minnesota
Statutes 2002, section 119B.13, is amended by adding a subdivision to read:
Subd. 1a. [CHILD
CARE PROVIDERS; HOURLY RATES.] When a family receiving child care
assistance is authorized to receive seven hours of care or less per day,
child care assistance payments for that care must be made on an hourly
basis but may not exceed the maximum full-day rate.
Sec. 23. Minnesota
Statutes 2002, section 119B.13, is amended by adding a subdivision to read:
Subd. 1b. [LEGAL
NONLICENSED FAMILY CHILD CARE PROVIDER RATES.] (a) Legal nonlicensed family
child care providers receiving reimbursement under this chapter must be
paid on an hourly basis for care provided to families receiving
assistance.
(b) The maximum rate paid to legal
nonlicensed family child care providers must be 90 percent of the county
maximum hourly rate for licensed family child care providers. In counties where the maximum hourly
rate for licensed family child care providers is higher than the maximum
weekly rate for those providers divided by 50, the maximum hourly rate
that may be paid to legal nonlicensed family child care providers is the
rate equal to the maximum weekly rate for licensed family child care
providers divided by 50 and then multiplied by 0.90.
(c) A rate which includes a provider bonus paid under subdivision
2 or a special needs rate paid under subdivision 3 may be in excess of
the maximum rate allowed under this subdivision.
(d) Legal nonlicensed family child care providers receiving
reimbursement under this chapter may not be paid registration fees
for families receiving assistance.
Sec. 24. Minnesota
Statutes 2002, section 119B.13, subdivision 2, is amended to read:
Subd. 2. [PROVIDER RATE
BONUS FOR ACCREDITATION.] A family child care provider or child care center
shall be paid a ten five percent bonus above the maximum rate
established in subdivision 1, 1a, or 1b, if the provider or center holds
a current early childhood development credential approved by the commissioner,
up to the actual provider rate.
Sec. 25. Minnesota
Statutes 2002, section 119B.13, subdivision 6, is amended to read:
Subd. 6. [PROVIDER
PAYMENTS.] (a) Counties or the state shall make vendor payments to the
child care provider or pay the parent directly for eligible child care
expenses, except when a provider cares for children in the children's
own home. When a provider cares
for children in the children's own home, the county or the state shall
make child care assistance payments directly to the parent.
(b) If payments for child care assistance are made to
providers, the child care facility is a center and has the ability
to bill electronically or keeps a detailed sign in/sign out log, then
the parent or guardian is not required to sign the bill. If the provider does not keep detailed log
sheets, both the parent or guardian and the provider must sign the bill
for services rendered before payment is issued. For licensed family child care and
legal nonlicensed child care providers, both the parent or guardian and
the provider must sign the bill.
The provider shall bill the county for services provided within ten days
of the end of the month of service period. If bills are submitted in accordance with
the provisions of this subdivision within ten days of the end of the
service period, a county or the state shall issue payment to the provider
of child care under the child care fund within 30 days of receiving an
invoice a bill from the provider.
Counties or the state may establish policies that make payments on a
more frequent basis.
(c) All bills must be submitted within 90 days of the last
date of service on the bill. A
county may pay a bill submitted more than 90 days after the last date of
service if the provider shows good cause why the bill was not submitted
within 90 days. Good cause must be defined in the county's child care
fund plan under section 119B.08, subdivision 3, and the definition of
good cause must include county error.
A county may not pay any bill submitted more than one year after
the last date of service on the bill, unless the delay in payment is due
to county error.
(d) A county may stop payment issued to a provider or may
refuse to pay a bill submitted by a provider if:
(1) the provider admits to intentionally providing the county
with false information on the provider's billing forms; or
(2) a county finds by a preponderance of the evidence that
the provider intentionally gave the county false information on the
provider's billing forms.
(e) A county's payment policies
must be included in the county's child care plan under section 119B.08,
subdivision 3. If payments are made by the state, in addition to being in
compliance with this subdivision, the payments must be made in compliance with
section 16A.124.
Sec. 26. Minnesota
Statutes 2002, section 119B.16, is amended by adding a subdivision to read:
Subd. 1a. [FAIR
HEARING ALLOWED FOR PROVIDERS.] (a) This subdivision applies to
providers caring for children receiving child care assistance.
(b) A provider to whom a county agency has assigned responsibility
for an overpayment may request a fair hearing in accordance with section
256.045 for the limited purpose of challenging the assignment of
responsibility for the overpayment and the amount of the
overpayment. The scope of the fair hearing
does not include the issues of whether the provider wrongfully obtained
public assistance in violation of section 256.98 or was properly
disqualified under section 256.98, subdivision 8, paragraph (c), unless
the fair hearing has been combined with an administrative
disqualification hearing brought against the provider under section
256.046.
Sec. 27. Minnesota
Statutes 2002, section 119B.16, is amended by adding a subdivision to read:
Subd. 1b. [JOINT
FAIR HEARINGS.] When a provider requests a fair hearing under
subdivision 1a, the family in whose case the overpayment was created
must be made a party to the fair hearing. All other issues raised by the family must be resolved in
the same proceeding. When a family
requests a fair hearing and claims that the county should have assigned
responsibility for an overpayment to a provider, the provider must be made
a party to the fair hearing. The
referee assigned to a fair hearing may join a family or a provider as a
party to the fair hearing whenever joinder of that party is necessary to
fully and fairly resolve overpayment issues raised in the appeal.
Sec. 28. Minnesota
Statutes 2002, section 119B.16, subdivision 2, is amended to read:
Subd. 2. [INFORMAL
CONFERENCE.] The county agency shall offer an informal conference to applicants
and recipients adversely affected by an agency action to attempt to resolve the
dispute. The county agency shall
offer an informal conference to providers to whom the county agency has
assigned responsibility for an overpayment in an attempt to resolve the
dispute. The county agency or the
provider may ask the family in whose case the overpayment arose to
participate in the informal conference, but the family may refuse to do
so. The county agency shall advise
adversely affected applicants and, recipients, and providers
that a request for a conference with the agency is optional and does not delay
or replace the right to a fair hearing.
Sec. 29. Minnesota
Statutes 2002, section 119B.19, subdivision 7, is amended to read:
Subd. 7. [CHILD CARE
RESOURCE AND REFERRAL PROGRAMS.] Within each region, a child care resource and
referral program must:
(1) maintain one database of all existing child care resources
and services and one database of family referrals;
(2) provide a child care referral service for families;
(3) develop resources to meet the child care service needs of
families;
(4) increase the capacity to provide culturally responsive
child care services;
(5) coordinate professional development opportunities for child
care and school-age care providers;
(6) administer and award child care services grants;
(7) administer and provide loans for
child development education and training; and
(8) cooperate with the Minnesota Child Care Resource and
Referral Network and its member programs to develop effective child care
services and child care resources; and
(9) assist in fostering coordination, collaboration, and
planning among child care programs and community programs such as
school readiness, Head Start, early childhood family education, local
interagency early intervention committees, early childhood screening,
special education services, and other early childhood care and education
services and programs that provide flexible, family-focused services to
families with young children to the extent possible.
Sec. 30. Minnesota
Statutes 2002, section 119B.21, subdivision 11, is amended to read:
Subd. 11. [STATEWIDE
ADVISORY TASK FORCE.] The commissioner may convene a statewide advisory task
force to advise the commissioner on statewide grants or other child care
issues. The following groups must be
represented: family child care
providers, child care center programs, school-age care providers, parents who
use child care services, health services, social services, Head Start, public
schools, school-based early childhood programs, special education
programs, employers, and other citizens with demonstrated interest in child
care issues. Additional members may be appointed by the commissioner. The commissioner may compensate members for
their travel, child care, and child care provider substitute expenses for
attending task force meetings. The
commissioner may also pay a stipend to parent representatives for participating
in task force meetings.
Sec. 31. Minnesota
Statutes 2002, section 119B.23, subdivision 3, is amended to read:
Subd. 3. [BIENNIAL
PLAN.] The county board shall biennially develop a plan for the distribution of
money for child care services as part of the community social services plan
described in section 256E.09 child care fund plan under section
119B.08. All licensed child care
programs shall be given written notice concerning the availability of money and
the application process.
Sec. 32. Minnesota
Statutes 2002, section 256.046, subdivision 1, is amended to read:
Subdivision 1. [HEARING
AUTHORITY.] A local agency must initiate an administrative fraud
disqualification hearing for individuals, including child care providers
caring for children receiving child care assistance, accused of
wrongfully obtaining assistance or intentional program violations, in lieu of a
criminal action when it has not been pursued, in the aid to families with
dependent children program formerly codified in sections 256.72 to 256.87,
MFIP, child care assistance programs, general assistance, family general
assistance program formerly codified in section 256D.05, subdivision 1, clause
(15), Minnesota supplemental aid, medical care, or food stamp programs. The hearing is subject to the requirements
of section 256.045 and the requirements in Code of Federal Regulations, title
7, section 273.16, for the food stamp program and title 45, section 235.112, as
of September 30, 1995, for the cash grant and, medical care
programs, and child care assistance under chapter 119B.
Sec. 33. Minnesota
Statutes 2002, section 256.0471, subdivision 1, is amended to read:
Subdivision 1.
[QUALIFYING OVERPAYMENT.] Any overpayment for assistance granted under section
119B.05 chapter 119B, the MFIP program formerly codified under
sections 256.031 to 256.0361, and the AFDC program formerly codified under sections
256.72 to 256.871; chapters 256B, 256D, 256I, 256J, and 256K; and the food
stamp program, except agency error claims, become a judgment by operation of
law 90 days after the notice of overpayment is personally served upon the
recipient in a manner that is sufficient under rule 4.03(a) of the Rules of
Civil Procedure for district courts, or by certified mail, return receipt
requested. This judgment shall be
entitled to full faith and credit in this and any other state.
Sec. 34. Minnesota Statutes 2002, section 256.98, subdivision 8, is
amended to read:
Subd. 8.
[DISQUALIFICATION FROM PROGRAM.] (a) Any person found to be guilty of
wrongfully obtaining assistance by a federal or state court or by an
administrative hearing determination, or waiver thereof, through a
disqualification consent agreement, or as part of any approved diversion plan
under section 401.065, or any court-ordered stay which carries with it any
probationary or other conditions, in the Minnesota family investment program,
the food stamp program, the general assistance program, the group residential
housing program, or the Minnesota supplemental aid program shall be
disqualified from that program. In
addition, any person disqualified from the Minnesota family investment program
shall also be disqualified from the food stamp program. The needs of that individual shall not be
taken into consideration in determining the grant level for that assistance
unit:
(1) for one year after the first offense;
(2) for two years after the second offense; and
(3) permanently after the third or subsequent offense.
The period of program disqualification shall begin on the date
stipulated on the advance notice of disqualification without possibility of
postponement for administrative stay or administrative hearing and shall
continue through completion unless and until the findings upon which the
sanctions were imposed are reversed by a court of competent jurisdiction. The period for which sanctions are imposed
is not subject to review. The sanctions
provided under this subdivision are in addition to, and not in substitution
for, any other sanctions that may be provided for by law for the offense
involved. A disqualification
established through hearing or waiver shall result in the disqualification
period beginning immediately unless the person has become otherwise ineligible
for assistance. If the person is
ineligible for assistance, the disqualification period begins when the person
again meets the eligibility criteria of the program from which they were
disqualified and makes application for that program.
(b) A family receiving assistance through child care assistance
programs under chapter 119B with a family member who is found to be guilty of
wrongfully obtaining child care assistance by a federal court, state court, or
an administrative hearing determination or waiver, through a disqualification
consent agreement, as part of an approved diversion plan under section 401.065,
or a court-ordered stay with probationary or other conditions, is disqualified
from child care assistance programs.
The disqualifications must be for periods of three months, six months,
and two years for the first, second, and third offenses respectively. Subsequent violations must result in
permanent disqualification. During the
disqualification period, disqualification from any child care program must
extend to all child care programs and must be immediately applied.
(c) A provider caring for children receiving assistance through
child care assistance programs under chapter 119B is disqualified from
receiving payment for child care services from the child care assistance
program under chapter 119B when the provider is found to have wrongfully
obtained child care assistance by a federal court, state court, or an
administrative hearing determination or waiver under section 256.046,
through a disqualification consent agreement, as part of an approved
diversion plan under section 401.065, or a court-ordered stay with
probationary or other conditions. The
disqualifications must be for periods of one year and two years for the
first and second offenses respectively.
Any subsequent violation must result in permanent
disqualification. The disqualification
period must be imposed immediately after a determination is made under
this paragraph. During the
disqualification period, the provider is disqualified from receiving
payment from any child care assistance program under chapter 119B.
Sec. 35. Minnesota Statutes 2002, section 466.03, subdivision 6d, is
amended to read:
Subd. 6d. [LICENSING AND
AUTHORIZATION OF PROVIDERS.] A claim against a municipality based on the
failure of a provider to meet the standards needed for a license to operate a
day care facility under chapter 245A for children, unless the municipality
had actual knowledge of a failure to meet licensing standards that resulted in
a dangerous condition that foreseeably threatened the plaintiff or to
meet the standards needed for authorization as a provider for the child
care assistance program under chapter 119B. A municipality shall be immune from
liability for a claim arising out of a provider's use of a swimming pool
located at a family day care or group family day care home under section
245A.14, subdivision 10, unless the municipality had actual knowledge of a
provider's failure to meet the licensing standards under section 245A.14,
subdivision 10, paragraph (a), clauses (1) to (3), that resulted in a dangerous
condition that foreseeably threatened the plaintiff.
Sec. 36. [DIRECTION TO
COMMISSIONER; PROVIDER RATES.]
The provider rates determined under Minnesota Statutes, section
119B.13, for fiscal years 2003-2004 and implemented on July 1, 2003, are
to be continued in effect through June 30, 2005. The commissioner of human services is
directed to evaluate the costs of child care in Minnesota, to examine
the differences in the cost of child care in rural and metropolitan areas,
and to make recommendations to the legislature for containing future
cost increases in the child care program under Minnesota Statutes,
chapter 119B, in a manner that complies with federal child care and
development block grant requirements for promoting parental choice and
permits the department to track the effect of rate changes on child care
assistance program costs, the availability of different types of care
throughout the state, the length of waiting lists, and the care options
available to program participants.
The commissioner shall also examine the allocation formula under
Minnesota Statutes, section 119B.03, and make recommendations to the
legislature in order to create a more equitable formula. The commissioner shall consider the
impact any recommendations might have on work incentives for low and
middle income families and possible changes to MFIP child care, basic
sliding fee child care, and the dependent care tax credit. The commissioner shall make recommendations
to the legislature by January 15, 2004.
Sec. 37. [CHILD CARE
WAITING LIST.]
Notwithstanding Minnesota Statutes, section 119B.03, subdivision
6, the commissioner may manage the child care assistance waiting list
under Minnesota Statutes, section 119B.03, subdivision 2, on a regional
or statewide basis in order to ensure that families listed under higher
priority categories, as determined by Minnesota Statutes, section 119B.03,
subdivision 4, are served before families listed under lower priority
categories.
Sec. 38. [CHILD CARE
ASSISTANCE PARENT FEE SCHEDULE.]
Notwithstanding Minnesota Rules, part 3400.0100, subpart 4,
the parent fee schedule is as follows:
Income
Range
Co-payment (as a percentage of
(as a
percentage of the
adjusted gross income)
federal
poverty guidelines)
0-74.99%
$15/month
75.00-99.99%
$25/month
100.00-104.99%
2.50%
105.00-109.99%
2.60%
110.00-114.99%
3.30%
115.00-119.99%
5.10%
120.00-124.99%
7.50%
125.00-139.99%
7.70%
140.00-144.99%
10.20%
145.00-149.99%
10.40%
150.00-154.99%
10.60%
155.00-159.99%
10.80%
160.00-164.99%
11.00%
165.00-169.99%
12.00%
170.00-174.99%
12.20%
175.00-179.99%
12.40%
180.00-184.99%
12.50%
185.00-189.99%
12.70%
190.00-194.99%
12.90%
195.00-199.99%
13.10%
200.00-209.99%
13.20%
210.00-224.99%
13.30%
225.00-229.99%
13.40%
230.00-234.99%
13.70%
235.00-239.99%
14.10%
240.00-244.99%
14.20%
245.00-249.99%
15.40%
250%
ineligible
Sec. 39.
[REPEALER.]
(a) Minnesota Statutes 2002, section 119B.061, is repealed.
(b) Laws 2001, First Special Session chapter 3, article 1,
section 16, is repealed.
ARTICLE
11A
HEALTH
AND HUMAN SERVICES FORECAST ADJUSTMENTS
Section 1. [HEALTH AND
HUMAN SERVICES APPROPRIATIONS.]
The dollar amounts shown in the columns marked "APPROPRIATIONS"
are added to or, if shown in parentheses, are subtracted from the
appropriations in Laws 2001, First Special Session chapter 9, as amended by
Laws 2002, chapter 220, and Laws 2002, chapter 374, and are appropriated from
the general fund, or any other fund named, to the agencies and for the purposes
specified in this article, to be available for the fiscal year indicated for
each purpose. The figure
"2003" used in this article means that the appropriation or
appropriations listed under them are available for the fiscal year ending June
30, 2003.
SUMMARY
BY FUND
2003
General
$103,756,000
Health Care Access
(1,492,000)
Federal TANF
20,419,000
APPROPRIATIONS
Available for the Year
Ending June 30, 2003
Sec. 2. COMMISSIONER OF
HUMAN SERVICES
Subdivision 1. Total
Appropriation
$128,203,000
Summary by Fund
General
109,276,000
Health Care Access
(1,492,000)
Federal TANF
20,419,000
Subd. 2. Administrative
Reimbursement/Pass-through
1,180,000
APPROPRIATIONS
Available for the Year
Ending June 30, 2003
Subd. 3. Basic Health
Care Grants
General
59,364,000
Health Care Access
(1,492,000)
The amounts that may be spent from this
appropriation for each purpose are as follows:
(a) MinnesotaCare Grants
Health Care Access
(1,492,000)
(b) MA Basic Health Care Grants - Families
and Children
General
14,708,000
(c) MA Basic Health Care Grants - Elderly and
Disabled
General
15,137,000
(d) General Assistance Medical Care Grants
General
29,519,000
Subd. 4. Continuing
Care Grants
General
56,615,000
The amounts that may be spent from this
appropriation for each purpose are as follows:
(a) Medical Assistance Long-Term Care Waivers
and Home Care Grants
General
57,388,000
(b) Medical Assistance Long-Term Care
Facilities Grants
General
678,000
(c) Group Residential Housing Grants
General
(1,451,000)
APPROPRIATIONS
Available for the Year
Ending June 30, 2003
Subd. 5. Economic
Support Grants
General
(6,703,000)
Federal TANF
19,239,000
The amounts that may be spent from the
appropriation for each purpose are as follows:
(a) Assistance to Families Grants
General
(9,306,000)
Federal TANF
19,239,000
(b) General Assistance Grants
General
3,491,000
(c) Minnesota Supplemental Aid Grants
General
(888,000)
Sec. 3. COMMISSIONER OF
HEALTH
Subdivision 1. Total
Appropriation
(5,520,000)
Summary by Fund
General
(5,520,000)
Subd. 2. Access and
Quality Improvement (5,520,000)
Sec. 4. [EFFECTIVE
DATE.]
Sections 1 to 3 are effective the day following final enactment.
ARTICLE
11B
DEPARTMENT
OF CHILDREN, FAMILIES, AND LEARNING FORECAST ADJUSTMENT
Section 1. The dollar
amounts shown are added to or, if shown in parentheses, are subtracted from the
appropriations in Laws 2001, First Special Session chapter 6, as amended by
Laws 2002, chapter 220, and Laws 2002, chapter 374, or other law, and are
appropriated from the general fund to the department of children, families, and learning for the purposes
specified in this article, to be available for the fiscal year indicated for
each purpose. The figure
"2003" used in this article means that the appropriation or appropriations
listed are available for the fiscal year ending June 30, 2003.
2003
APPROPRIATION CHANGE
Sec.
2. APPROPRIATIONS; EARLY CHILDHOOD AND
FAMILY EDUCATION
MFIP Child Care
6,817,000
ARTICLE 11C
APPROPRIATIONS
Section 1. [HEALTH AND
HUMAN SERVICES APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS"
are appropriated from the general fund, or any other fund named, to the
agencies and for the purposes specified in the sections of this article, to be
available for the fiscal years indicated for each purpose. The figures "2004" and
"2005" where used in this article, mean that the appropriation or
appropriations listed under them are available for the fiscal year ending June
30, 2004, or June 30, 2005, respectively.
Where a dollar amount appears in parentheses, it means a reduction of an
appropriation.
SUMMARY
BY FUND
BIENNIAL
2004
2005
TOTAL
General
$3,623,751,000 $3,535,232,000
$7,158,983,000
State Government Special
Revenue
45,162,000
44,899,000
90,061,000
Health Care Access
262,386,000
328,686,000
591,072,000
Federal TANF
267,349,000
267,037,000
534,386,000
Lottery Prize Fund
1,306,000
1,306,000
2,612,000
TOTAL
$4,199,954,000 $4,177,160,000
$8,377,114,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Sec. 2. COMMISSIONER OF
HUMAN SERVICES
Subdivision 1. Total
Appropriation
$4,071,623,000 $4,059,850,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Summary by Fund
General 3,552,321,000 3,474,560,000
State Government
Special Revenue
534,000
534,000
Health Care Access 256,113,000 322,413,000
Federal TANF 261,349,000 261,037,000
Lottery Cash Flow 1,306,000 1,306,000
[RECEIPTS FOR SYSTEMS PROJECTS.]
Appropriations and federal receipts for information system projects for MAXIS,
PRISM, MMIS, and SSIS must be deposited in the state system account authorized
in Minnesota Statutes, section 256.014.
Money appropriated for computer projects approved by the Minnesota
office of technology, funded by the legislature, and approved by the
commissioner of finance may be transferred from one project to another and from
development to operations as the commissioner of human services considers necessary. Any unexpended balance in the appropriation
for these projects does not cancel but is available for ongoing development and
operations.
[GIFTS.] Notwithstanding Minnesota Statutes,
chapter 7, the commissioner may accept on behalf of the state additional
funding from sources other than state funds for the purpose of financing the
cost of assistance program grants or nongrant administration. All additional funding is appropriated to
the commissioner for use as designated by the grantor of funding.
[SYSTEMS CONTINUITY.] In the event of
disruption of technical systems or computer operations, the commissioner may
use available grant appropriations to ensure continuity of payments for
maintaining the health, safety, and well-being of clients served by programs
administered by the department of human services. Grant funds must be used in a manner consistent with the original
intent of the appropriation.
[NONFEDERAL SHARE TRANSFERS.] The nonfederal
share of activities for which federal administrative reimbursement is
appropriated to the commissioner may be transferred to the special revenue
fund.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
[TANF FUNDS APPROPRIATED TO OTHER ENTITIES.]
Any expenditures from the TANF block grant shall be expended in accordance with
the requirements and limitations of part A of title IV of the Social
Security Act, as amended, and any other applicable federal requirement or
limitation. Prior to any expenditure of
these funds, the commissioner shall assure that funds are expended in
compliance with the requirements and limitations of federal law and that any
reporting requirements of federal law are met.
It shall be the responsibility of any entity to which these funds are
appropriated to implement a memorandum of understanding with the commissioner
that provides the necessary assurance of compliance prior to any expenditure of
funds. The commissioner shall receipt
TANF funds appropriated to other state agencies and coordinate all related interagency
accounting transactions necessary to implement these appropriations. Unexpended
TANF funds appropriated to any state, local, or nonprofit entity cancel at the
end of the state fiscal year unless appropriating language permits otherwise.
[TANF FUNDS TRANSFERRED TO OTHER FEDERAL
GRANTS.] The commissioner must authorize transfers from TANF to other federal
block grants so that funds are available to meet the annual expenditure needs
as appropriated. Transfers may be authorized prior to the expenditure year with
the agreement of the receiving entity.
Transferred funds must be expended in the year for which the funds were
appropriated unless appropriation language
permits otherwise. In accelerating
transfer authorizations, the commissioner must aim to preserve the
future potential transfer capacity from TANF to other block grants.
[TANF MAINTENANCE OF EFFORT.] (a) In order to
meet the basic maintenance of effort (MOE) requirements of the TANF block grant
specified under Code of Federal Regulations, title 45, section 263.1, the
commissioner may only report nonfederal money expended for allowable activities
listed in the following clauses as TANF/MOE expenditures:
(1) MFIP cash, diversionary work program, and
food assistance benefits under Minnesota Statutes, chapter 256J;
(2) the child care assistance programs under
Minnesota Statutes, sections 119B.03 and 119B.05, and county child care
administrative costs under Minnesota Statutes, section 119B.15;
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
(3) state and county MFIP administrative
costs under Minnesota Statutes, chapters 256J and 256K;
(4) state, county, and tribal MFIP employment
services under Minnesota Statutes, chapters 256J and 256K;
(5) expenditures made on behalf of noncitizen
MFIP recipients who qualify for the medical assistance without federal
financial participation program under Minnesota Statutes, section 256B.06,
subdivision 4, paragraphs (d), (e), and (j).
(6) qualifying working family credit expenditures
under Minnesota Statutes, section 290.0671.
(b) The commissioner shall ensure that
sufficient qualified nonfederal expenditures are made each year to meet the
state's TANF/MOE requirements. For the
activities listed in paragraph (a), clauses (2) to (6), the commissioner may
only report expenditures that are excluded from the definition of assistance
under Code of Federal Regulations, title 45, section 260.31.
(c) By August 31 of each year, the
commissioner shall make a preliminary calculation to determine the likelihood
that the state will meet its annual federal work participation requirement
under Code of Federal Regulations, title 45, sections 261.21 and 261.23, after
adjustment for any caseload reduction credit under Code of Federal Regulations,
title 45, section 261.41. If the commissioner determines that the state will
meet its federal work participation rate for the federal fiscal year ending
that September, the commissioner may reduce the expenditure under paragraph
(a), clause (1), to the extent allowed under Code of Federal Regulations, title
45, section 263.1(a)(2).
(d) For fiscal years beginning with state
fiscal year 2003, the commissioner shall assure that the maintenance of effort
used by the commissioner of finance for the February and November forecasts
required under Minnesota Statutes, section 16A.103, contains expenditures under
paragraph (a), clause (1), equal to at least 25 percent of the total required
under Code of Federal Regulations, title 45, section 263.1.
(e) If nonfederal expenditures for the
programs and purposes listed in paragraph (a) are insufficient to meet the
state's TANF/MOE requirements, the commissioner shall recommend additional allowable sources of nonfederal expenditures to the legislature, if
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
the legislature is or will be in session to
take action to specify additional sources of nonfederal expenditures for
TANF/MOE before a federal penalty is imposed.
The commissioner shall otherwise provide notice to the legislative
commission on planning and fiscal policy under paragraph (g).
(f) If the commissioner uses authority
granted under section 11, or similar authority granted by a subsequent
legislature, to meet the state's TANF/MOE requirement in a reporting period,
the commissioner shall inform the chairs of the appropriate legislative
committees about all transfers made under that authority for this purpose.
(g) If the commissioner determines that
nonfederal expenditures under paragraph (a) are insufficient to meet TANF/MOE
expenditure requirements, and if the legislature is not or will not be in
session to take timely action to avoid a federal penalty, the commissioner may
report nonfederal expenditures from other allowable sources as TANF/MOE
expenditures after the requirements of this paragraph are met. The commissioner may report nonfederal
expenditures in addition to those specified under paragraph (a) as nonfederal
TANF/MOE expenditures, but only ten days after the commissioner of finance has
first submitted the commissioner's recommendations for additional allowable
sources of nonfederal TANF/MOE expenditures to the members of the legislative
commission on planning and fiscal policy for their review.
(h) The commissioner of finance shall not
incorporate any changes in federal TANF expenditures or nonfederal expenditures
for TANF/MOE that may result from reporting additional allowable sources of
nonfederal TANF/MOE expenditures under the interim procedures in paragraph (g)
into the February or November forecasts required under Minnesota Statutes,
section 16A.103, unless the commissioner of finance has approved the additional
sources of expenditures under paragraph (g).
(i) Minnesota Statutes, section 256.011,
subdivision 3, which requires that federal grants or aids secured or obtained
under that subdivision be used to reduce any direct appropriations provided by
law, do not apply if the grants or aids are federal TANF funds.
(j) Notwithstanding section 14, paragraph (a),
clauses (1) to (5), and paragraphs (b) to (j) expire June 30, 2007.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
[SHIFT COUNTY PAYMENT.] The commissioner
shall make up to 100 percent of the calendar year 2005 payments to counties for
developmental disabilities semi-independent living services grants,
developmental disabilities family support grants, and adult mental health
grants from fiscal year 2006 appropriations.
This is a onetime payment shift.
Calendar year 2006 and future payments for these grants are not affected
by this shift. This provision expires June 30, 2006.
[CAPITATION RATE INCREASE.] Of the health
care access fund appropriations to the University of Minnesota in the higher
education omnibus appropriation bill, $2,157,000 in fiscal year 2004 and
$2,157,000 in fiscal year 2005 are to be used to increase the capitation
payments under Minnesota Statutes, section 256B.69. Notwithstanding the provisions of section 14, this provision
shall not expire.
Subd. 2. Agency
Management
Summary by Fund
General 41,534,000 27,868,000
State Government
Special Revenue
415,000
415,000
Health Care Access 3,673,000 3,673,000
Federal TANF 320,000 320,000
The amounts that may be spent from the appropriation
for each purpose are as follows:
(a) Financial Operations
General 8,751,000 9,056,000
Health Care Access 828,000 828,000
Federal TANF 220,000 220,000
(b) Legal and Regulation
Operations
General 7,957,000 8,168,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
[CHILD CARE CENTER LICENSING.] $300,000 in
fiscal year 2004 and $300,000 in fiscal year 2005 are appropriated from the
general fund to ease the burden on child care centers and other licensed child
care facilities during the implementation of the department of health's new
child care license fee increases.
State Government
Special Revenue
415,000
415,000
Health Care Access 244,000 244,000
Federal TANF 100,000 100,000
(c) Management Operations
General 17,373,000 3,076,000
Health Care Access 1,623,000 1,623,000
(d) Information Technology
Operations
General 7,453,000 7,568,000
Health Care Access 978,000 978,000
Subd. 3. Revenue and
Pass-Through
Federal TANF 54,845,000 51,221,000
[TANF TRANSFER TO SOCIAL SERVICES BLOCK
GRANT.] $6,000,000 in fiscal year 2004 and $9,272,000 in fiscal year 2005 are
appropriated to the commissioner for the purposes of providing services for
families with children whose incomes are at or below 200 percent of the federal
poverty guidelines. The commissioner
shall authorize a sufficient transfer of funds from the state's federal TANF
block grant to the state's federal social services block grant to meet this
appropriation. The funds shall be
distributed to counties for the children and community services grant according
to the formula for the state appropriations in Minnesota Statutes, chapter
256M.
[TANF FUNDS FOR FISCAL
YEAR 2006 AND FISCAL YEAR 2007 REFINANCING.] $16,724,000 in fiscal year 2006 and $16,827,000 in fiscal year 2007 in TANF funds
are available to the commissioner to
replace general funds in the amount of
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
$16,724,000 in fiscal year 2006 and $16,827,000 in
fiscal year 2007 in expenditures that may be counted toward TANF maintenance of
effort requirements or as an allowable TANF expenditure.
[REDUCTION IN TANF TRANSFER TO CHILD CARE AND
DEVELOPMENT FUND.] Transfers of TANF to the child care development fund for the
purposes of MFIP child care assistance shall be reduced by $1,126,000 in fiscal
year 2004 and $118,000 in fiscal year 2005.
Subd. 4. Children's
Services Grants
Summary by Fund
General 105,760,000 92,165,000
Federal TANF 6,000,000 9,272,000
[ADOPTION ASSISTANCE INCENTIVE GRANTS.] Federal
funds available during fiscal year 2004 and fiscal year 2005, for adoption
incentive grants are appropriated to the commissioner for these purposes.
[ADOPTION ASSISTANCE AND RELATIVE CUSTODY
ASSISTANCE.] The commissioner may transfer unencumbered appropriation balances
for adoption assistance and relative custody assistance between fiscal years
and between programs.
Subd. 5. Children's
Services Management
General 5,221,000 5,283,000
Subd. 6. Basic Health
Care Grants
Summary by Fund
General 1,501,432,000 1,457,549,000
Health Care Access 236,638,000 303,184,000
[UPDATING FEDERAL POVERTY GUIDELINES.] Annual
updates to the federal poverty guidelines are effective each July 1, following
publication by the United States Department of Health and Human Services for
health care programs under Minnesota Statutes, chapters 256, 256B, 256D, and
256L.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
The amounts that may be spent from this
appropriation for each purpose are as follows:
(a) MinnesotaCare Grants
Health Care Access 232,634,000 299,083,000
[MINNESOTACARE FEDERAL RECEIPTS.] Receipts received
as a result of federal participation pertaining to administrative costs of the
Minnesota health care reform waiver shall be deposited as nondedicated revenue
in the health care access fund.
Receipts received as a result of federal participation pertaining to
grants shall be deposited in the federal fund and shall offset health care
access funds for payments to providers.
[MINNESOTACARE FUNDING.] The commissioner may expend
money appropriated from the health care access fund for MinnesotaCare in either
fiscal year of the biennium.
[MINNESOTACARE NOT AN ENTITLEMENT.] The
MinnesotaCare program is not an entitlement.
Enrollment in the program, eligibility criteria, and covered services
are subject to the availability of funding, and may be modified by the
commissioner of human services to maintain program expenditures within the
level of funding. Notwithstanding
section 14, this provision does not expire.
(b) MA Basic Health Care
Grants - Families and Children
General 560,143,000 575,614,000
(c) MA Basic Health Care
Grants - Elderly and Disabled
General 696,413,000 750,033,000
[DELAY MA FEE FOR SERVICE - ACUTE CARE.] The last
payment in fiscal year 2005 from the Medicaid Management Information System
that would otherwise have been made to providers for medical assistance and
general assistance medical care services shall be delayed and included in the
first payment in fiscal year 2006. This
payment delay shall not include payments to skilled nursing facilities,
intermediate care facilities for mental retardation, prepaid health plans, home
health agencies, personal care nursing providers, and providers of only waiver
services. The provisions of Minnesota
Statutes, section 16A.124, shall not apply to these delayed payments. Notwithstanding
section 14, this provision shall not expire.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
(d) General Assistance
Medical Care Grants
General 232,650,000 119,904,000
(e) Health Care Grants -
Other Assistance
General 2,660,000 2,472,000
Health Care Access 4,004,000 4,101,000
(f) Prescription Drug
Program
General 9,566,000 9,526,000
[TRANSFER FOR THE PRESCRIPTION DRUG
ASSISTANCE PROGRAM.] Of the appropriation from the general fund for the
prescription drug program under Minnesota Statutes, section 256.955, for the
biennium beginning July 1, 2003 $1,739,000 is for the commissioner of human
services to establish and administer the prescription drug assistance program
through the Minnesota board on aging.
[MINNESOTA PRESCRIPTION DRUG DEDICATED FUND.]
Of this appropriation, $7,200,000 is appropriated from the health care access
fund to the commissioner of human services for the fiscal year beginning July
1, 2003, for the Minnesota prescription drug dedicated fund established under
the prescription drug discount program. This is a onetime appropriation.
Subd. 7. Health Care
Management
Summary by Fund
General 24,452,000 24,517,000
Health Care Access 14,453,000 14,207,000
The amounts that may be
spent from this appropriation for each purpose are as follows:
(a) Health Care Policy
Administration
General 4,222,000 5,466,000
Health Care Access 846,000 846,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
[MINNESOTACARE OUTREACH REIMBURSEMENT.]
Federal administrative reimbursement resulting from MinnesotaCare outreach is
appropriated to the commissioner for this activity.
[MINNESOTA SENIOR HEALTH OPTIONS
REIMBURSEMENT.] Federal administrative reimbursement resulting from the
Minnesota senior health options project is appropriated to the commissioner for
this activity.
[UTILIZATION REVIEW.] Federal administrative
reimbursement resulting from prior authorization and inpatient admission
certification by a professional review organization shall be dedicated to the
commissioner for these purposes. A
portion of these funds must be used for activities to decrease unnecessary
pharmaceutical costs in medical assistance.
(b) Health Care Options
General 20,230,000 20,051,000
Health Care Access 13,607,000 13,361,000
[PREPAID MEDICAL PROGRAMS.] For all counties
in which the PMAP program has been operating for 12 or more months, state
funding for the nonfederal share of prepaid medical assistance program
administration costs for county managed care advocacy and enrollment operations
is eliminated. State funding will
continue for these activities for counties and tribes establishing new PMAP
programs for a maximum of 16 months (four months prior to beginning PMAP
enrollment and through the first 12 months of their PMAP program
operation). Those counties operating
PMAP programs for less than 12 months can continue to receive state funding for
advocacy and enrollment activities through their first year of operation.
Subd. 8. State-operated
Services
General 195,062,000 186,775,000
[MITIGATION RELATED TO STATE-OPERATED
SERVICES RESTRUCTURING.] Money appropriated to finance mitigation expenses
related to restructuring state-operated services programs and administrative
services may be transferred between fiscal years within the biennium.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
[STATE-OPERATED SERVICES RESTRUCTURING.] For
purposes of restructuring state-operated services, any state-operated services
employee whose position is to be eliminated shall be afforded the options
provided in applicable collective bargaining agreements. All salary and mitigation allocations from
fiscal year 2004 shall be carried forward into fiscal year 2005. Provided there is no conflict with any
collective bargaining agreement, any state-operated services position reduction
must only be accomplished through mitigation, attrition, transfer, and other
measures as provided in state or applicable collective bargaining agreements and
in Minnesota Statutes, section 252.50, subdivision 11, and not through layoff.
[REPAIRS AND BETTERMENTS.] The commissioner may
transfer unencumbered appropriation balances between fiscal years within the
biennium for the state residential facilities repairs and betterments account
and special equipment.
Subd. 9. Continuing
Care Grants
Summary by Fund
General 1,504,983,000 1,503,331,000
Lottery Prize Fund 1,158,000 1,158,000
The amounts that may be spent from this
appropriation for each purpose are as follows:
(a) Aging and Adult Service
Grant
General 12,259,000 13,212,000
[LONG-TERM CARE PROGRAM REDUCTIONS.] For the
biennium ending June 30, 2005, state funding for the following state long-term
care programs is reduced by 15 percent from the level of state funding provided
on June 30, 2003: SAIL project grants under Minnesota Statutes, section
256B.0917; independent living demonstration project for persons with epilepsy
established under Laws 1988, chapter 689, article 2, section 251; the
congregate meals portion of senior nutrition programs under Minnesota Statutes,
section 256.9752; foster grandparents program under Minnesota Statutes, section
256.976; retired senior volunteer program under Minnesota Statutes, section
256.9753; and the senior companion program under Minnesota Statutes,
section 256.977.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
(b) Deaf and Hard-of-hearing
Service Grants
General 1,725,000 1,498,000
(c) Mental Health Grants
General 53,744,000 34,955,000
Lottery Prize Fund 1,158,000 1,158,000
[RESTRUCTURING OF ADULT MENTAL HEALTH
SERVICES.] The commissioner may make budget neutral transfers to effectively
implement the restructuring of adult mental health services. "Budget neutral transfers" means
transfers which do not increase the state share of costs.
(d) Community Support Grants
General 13,022,000 10,091,000
(e)
Medical Assistance Long-Term Care Waivers and Home Care
Grants
General 666,828,000 729,808,000
[REDUCE GROWTH IN MR/RC WAIVER.] The
commissioner shall reduce the growth in the MR/RC waiver by not allocating the
300 additional diversion allocations that are included in the February 2003
forecast for the fiscal years that begin on July 1, 2003, and July 1, 2004.
[MANAGE THE GROWTH IN THE TBI WAIVER.] During
the fiscal years beginning on July 1, 2003, and July 1, 2004, the commissioner
shall allocate money for this program in such a way so that the caseload growth
for this program does not exceed 150 in each year of the biennium. Priorities for the allocation of funds shall
be for individuals anticipated to be discharged from institutional settings or
who are at imminent risk of a placement in an institutional setting.
[TARGETED CASE MANAGEMENT FOR HOME CARE
RECIPIENTS.] Implementation of the targeted case management benefit for home
care recipients, according to Minnesota Statutes, section 256B.0621,
subdivisions 2, 3, 5, 6, 7, 9, and 10, will be delayed until July 1, 2005.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
[COMMON SERVICE MENU.] Implementation of the
common service menu option within the home and community-based waivers,
according to Minnesota Statutes, section 256B.49, subdivision 16, will be delayed
until July 1, 2005.
(f) Medical Assistance
Long-term Care Facilities Grants
General 540,712,000 521,251,000
(g) Alternative Care Grants
General 71,382,000 59,885,000
[ALTERNATIVE CARE TRANSFER.] Any money
allocated to the alternative care program that is not spent for the purposes
indicated does not cancel but shall be transferred to the medical assistance
account.
[ALTERNATIVE CARE APPROPRIATION.] The
commissioner may expend the money appropriated for the alternative care program
for that purpose in either year of the biennium.
[ALTERNATIVE CARE IMPLEMENTATION OF CHANGES
TO PREMIUMS AND ELIGIBILITY.] Changes to Minnesota Statutes, section 256B.0913,
subdivision 4, paragraph (d), and subdivision 12, are effective July 1, 2003,
for all persons found eligible for the alternative care program on or after
July 1, 2003. All recipients of
alternative care funding as of June 30, 2003, shall be subject to Minnesota
Statutes, section 256B.0913, subdivision 4, paragraph (d), and subdivision 12,
on the annual reassessment and review of their eligibility after July 1, 2003,
but no later than January 1, 2004.
(h) Group Residential Housing Grants
General 94,583,000 80,728,000
[GROUP RESIDENTIAL HOUSING COSTS REFINANCED.]
Effective July 1, 2004, the commissioner shall increase the home and
community-based service rates and county allocations provided to programs
established under section 1915(c) of the Social Security Act to the extent that
these programs will be paying for the costs above the rate established in
Minnesota Statutes, section 256I.05, subdivision 1.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
(i) Chemical Dependency
Entitlement Grants
General 49,673,000 50,848,000
(j) Chemical Dependency
Nonentitlement Grants
General 1,055,000 1,055,000
Subd. 10. Continuing
Care Management
Summary by Fund
General 21,427,000 21,258,000
State Government
Special Revenue
119,000
119,000
Lottery Prize Fund 148,000 148,000
Subd. 11. Economic
Support Grants
Summary by Fund
General 113,422,000 116,511,000
Federal TANF 199,816,000 199,856,000
The amounts that may be spent from this
appropriation for each purpose are as follows:
(a) Minnesota Family
Investment Program
General 50,947,000 38,938,000
Federal TANF 104,756,000 98,170,000
(b) Work Grants
General 666,000 14,678,000
Federal TANF 94,800,000 101,426,000
[MFIP SUPPORT SERVICES COUNTY AND TRIBAL
ALLOCATION.] When determining the funds available for the consolidated MFIP support services grant in the 18-month period
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
ending December 31, 2004, the commissioner shall
apportion the funds appropriated for fiscal year 2005 in such manner as
necessary to provide $14,000,000 more to counties and tribes for the period
ending December 31, 2004, than would have been available had the funds been
evenly divided within the fiscal year between the period before December 31,
2004, and the period after December 31, 2004.
For allocations for the calendar years starting
January 1, 2005, the commissioner shall apportion the funds appropriated for
each fiscal year in such manner as necessary to provide $14,000,000 more to
counties and tribes for the period ending December 31 of that year than would
have been available had the funds been evenly divided within the fiscal year
between the period before December 31 and the period after December 31.
(c) Economic Support Grants - Other
Assistance
General 3,358,000 3,463,000
(d) Child Support Enforcement Grants
General 3,571,000 3,503,000
Federal TANF 260,000 260,000
(e) General Assistance
Grants
General 24,651,000 24,482,000
[GENERAL ASSISTANCE STANDARD.] The commissioner shall
set the monthly standard of assistance for general assistance units consisting
of an adult recipient who is childless and unmarried or living apart from
parents or a legal guardian at $203.
The commissioner may reduce this amount according to Laws 1997, chapter
85, article 3, section 54.
[EMERGENCY GENERAL ASSISTANCE.] The amount
appropriated for emergency general assistance funds is limited to no more than
$7,889,812 in each fiscal year of 2004 and 2005. Funds to counties shall be allocated by the commissioner using
the allocation method specified in Minnesota Statutes, section 256D.06.
(f) Minnesota Supplemental
Aid Grants
General 30,229,000 31,447,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
[EMERGENCY MINNESOTA SUPPLEMENTAL AID FUNDS.] The
amount appropriated for emergency Minnesota supplemental aid funds is limited
to no more than $1,138,707 in fiscal year 2004 and $1,017,000 in fiscal year
2005. Funds to counties shall be
allocated by the commissioner using the allocation method specified in
Minnesota Statutes, section 256D.46.
Subd. 12. Economic
Support Management
Summary by Fund
General 39,028,000 39,303,000
Health Care Access 1,349,000 1,349,000
Federal TANF 368,000 368,000
The amounts that may be spent from this
appropriation for each purpose are as follows:
(a) Economic Support Policy
Administration
General 5,360,000 5,587,000
Federal TANF 368,000 368,000
(b) Economic Support
Operations
General 33,668,000 33,716,000
Health Care Access 1,349,000 1,349,000
[CHILD SUPPORT PAYMENT CENTER.] Payments to the
commissioner from other governmental units, private enterprises, and
individuals for services performed by the child support payment center must be
deposited in the state systems account authorized under Minnesota Statutes,
section 256.014. These payments are appropriated to the commissioner for the
operation of the child support payment center or system, according to Minnesota
Statutes, section 256.014.
[CHILD SUPPORT COST RECOVERY FEES.] The commissioner
shall transfer $247,000 of child support cost recovery fees collected in fiscal
year 2005 to the PRISM special revenue account to offset PRISM system costs of
implementing the fee.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
[FINANCIAL INSTITUTION DATA MATCH AND PAYMENT
OF FEES.] The commissioner is authorized to allocate up to $310,000 each year
in fiscal year 2004 and fiscal year 2005 from the PRISM special revenue account
to make payments to financial institutions in exchange for performing data
matches between account information held by financial institutions and the
public authority's database of child support obligors as authorized by
Minnesota Statutes, section 13B.06, subdivision 7.
Sec. 3. COMMISSIONER OF
HEALTH
Subdivision 1. Total
Appropriation
103,880,000 103,292,000
Summary by Fund
General 58,727,000 58,402,000
State Government
Special Revenue
32,880,000
32,617,000
Health Care Access 6,273,000 6,273,000
Federal TANF 6,000,000 6,000,000
Subd. 2. Health
Improvement
Summary by Fund
General 42,584,000 42,178,000
State Government
Special Revenue
1,987,000
1,987,000
Health Care Access 3,510,000 3,510,000
Federal TANF 6,000,000 6,000,000
[TOBACCO PREVENTION ENDOWMENT FUND
TRANSFERS.] (a) On July 1, 2003, the commissioner of finance shall transfer
$4,000,000 from the tobacco use prevention and local public health endowment
expendable trust fund to the general fund.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
(b) Notwithstanding Minnesota Statutes,
section 16A.62, any remaining unexpended balance in the fund after the transfer
in paragraph (a) shall be transferred to the miscellaneous special revenue fund
and dedicated to the commissioner of health for a youth tobacco prevention
program. These funds are available
until expended.
[TANF APPROPRIATIONS.] TANF funds
appropriated to the commissioner are available for home visiting and
nutritional activities listed under Minnesota Statutes, section 145.882,
subdivision 7, clauses (6) and (7), and eliminating health disparities
activities under Minnesota Statutes, section 145.928, subdivision 10. Funding
shall be distributed to community health boards and tribal governments based on
the formula in Minnesota Statutes, section 145A.131, subdivisions 1 and 2.
[TANF CARRYFORWARD.] Any unexpended balance
of the TANF appropriation in the first year of the biennium does not cancel but
is available for the second year.
[FAMILY PLANNING GRANTS.] Family planning
grants are reduced by $2,166,000 in fiscal year 2004 and $2,312,000 in fiscal
year 2005. These reductions are
subtracted from base level appropriations.
Subd. 3. Health Quality
and Access
Summary by Fund
General 1,173,000 1,114,000
State Government
Special Revenue
8,888,000
8,888,000
Health Care Access 2,763,000 2,763,000
[STATE GOVERNMENT SPECIAL REVENUE FUND
TRANSFERS.] On July 1, 2003, the commissioner of finance shall transfer
$4,000,000 from the state government special revenue fund to the general fund.
[NURSING PROVIDERS WORK GROUP.]
Notwithstanding the provisions of Minnesota Statutes, section 144A.10, during
the next biennium, the commissioner of health shall not conduct surveys under the provisions of Minnesota Rules, chapter
4655, and
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
chapter 4658, parts 4658.0010 to 4658.2090 in
nursing homes or boarding care homes that are certified for participation in
the federal Medicaid or Medicare program.
During the next biennium, the commissioner of health shall establish a
working group consisting of nursing home and boarding care home providers,
representatives of nursing home residents, and other health care providers to
review current licensure provisions and evaluate the continued appropriateness
of these provisions. The commissioner
shall present recommendations to the legislature by January 1, 2005.
[MEDICAL EDUCATION ENDOWMENT FUND TRANSFERS.]
Notwithstanding Minnesota Statutes, section 16A.62, any remaining unexpended
balances in the medical education expendable trust fund shall be transferred to
the miscellaneous special revenue fund and dedicated to the commissioner for
the purposes identified in Minnesota Statutes, section 62J.692. These funds are available until expended.
[MEDICAL EDUCATION AND RESEARCH COSTS.] $8,660,000
in fiscal year 2004 and $8,616,000 in fiscal year 2005 are appropriated from
the medical education and research costs special account for medical education
and research funding.
Subd. 4. Health
Protection
Summary by Fund
General 8,855,000 8,855,000
State Government
Special Revenue
22,005,000
21,742,000
Subd. 5. Management and
Support Services
General 5,249,000 5,243,000
Sec. 4. VETERANS HOME
BOARD
General 30,030,000 30,030,000
[VETERANS HOMES SPECIAL REVENUE ACCOUNT.] The
general fund appropriations made to the board may be transferred to a veterans
homes special revenue account in the special revenue fund in the same manner as
other receipts are deposited according to Minnesota Statutes, section 198.34,
and are appropriated to the board for the operation of board facilities and
programs.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Sec. 5. HEALTH-RELATED
BOARDS
Subdivision 1. Total
Appropriation
11,266,000 11,266,000
[STATE GOVERNMENT SPECIAL REVENUE FUND.] The
appropriations in this section are from the state government special revenue
fund, except where noted.
[NO SPENDING IN EXCESS OF REVENUES.] The
commissioner of finance shall not permit the allotment, encumbrance, or
expenditure of money appropriated in this section in excess of the anticipated
biennial revenues or accumulated surplus revenues from fees collected by the
boards. Neither this provision nor
Minnesota Statutes, section 214.06, applies to transfers from the general
contingent account.
[STATE GOVERNMENT SPECIAL REVENUE FUND
TRANSFERS.] On July 1, 2003, the commissioner of finance shall transfer
$7,500,000 from the state government special revenue fund to the general fund.
Subd. 2. Board of
Chiropractic Examiners
384,000 384,000
Subd. 3. Board of
Dentistry
State Government Special
Revenue Fund
858,000 858,000
Health Care Access Fund
64,000 64,000
Subd. 4. Board of
Dietetic and Nutrition Practice
101,000 101,000
Subd. 5. Board of
Marriage and Family Therapy
118,000 118,000
Subd. 6. Board of
Medical Practice
3,498,000 3,498,000
Subd. 7. Board of
Nursing
2,405,000 2,405,000
Subd. 8. Board of
Nursing Home Administrators
198,000 198,000
Subd. 9. Board of
Optometry
96,000 96,000
Subd. 10. Board of
Pharmacy
1,386,000 1,386,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
[ADMINISTRATIVE SERVICES UNIT.] Of this
appropriation, $359,000 the first year and $359,000 the second year are for the
health boards administrative services unit.
The administrative services unit may receive and expend reimbursements
for services performed for other agencies.
Subd. 11. Board of
Physical Therapy
197,000 197,000
Subd. 12. Board of
Podiatry
45,000 45,000
Subd. 13. Board of
Psychology
680,000 680,000
Subd. 14. Board of
Social Work
1,073,000 1,073,000
Subd. 15. Board of
Veterinary Medicine
163,000 163,000
Sec. 6. EMERGENCY
MEDICAL SERVICES BOARD
Subdivision 1. Total
Appropriation
2,850,000 2,850,000
Summary by Fund
General 2,304,000 2,304,000
State Government
Special Revenue
546,000
546,000
[HEALTH PROFESSIONAL SERVICES ACTIVITY.] $546,000
each year from the state government special revenue fund is for the health
professional services activity.
Sec. 7. COUNCIL ON
DISABILITY
General
500,000 500,000
Sec.
8. OMBUDSMAN FOR MENTAL HEALTH AND
MENTAL RETARDATION
General
1,243,000 1,242,000
Sec. 9. OMBUDSMAN FOR
FAMILIES
General
170,000 170,000
Sec. 10. DEPARTMENT OF
CHILDREN, FAMILIES, AND LEARNING
Subdivision 1. Total
Appropriation
$127,638,000 $119,813,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Summary by Fund
General 100,114,000 97,992,000
Federal TANF 24,002,000 20,525,000
State Special
Revenue
3,340,000
3,340,000
Subd. 2. Child Care
[BASIC SLIDING FEE CHILD CARE.] Of this
appropriation, $25,407,000 in fiscal year 2004, and $20,821,000 in fiscal year
2005 are for child care assistance according to Minnesota Statutes, section
119B.03. These appropriations are
available to be spent either year.
[MFIP CHILD CARE.] Of this appropriation,
$69,589,000 in fiscal year 2004, and $70,253,000 in fiscal year 2005 are for
MFIP child care.
[CHILD CARE PROGRAM INTEGRITY.] Of this
appropriation, $425,000 in fiscal year 2004, and $376,000 in fiscal year 2005
are for the administrative costs of program integrity and fraud prevention for
child care assistance under Minnesota Statutes, chapter 119B.
[CHILD CARE DEVELOPMENT.] Of this
appropriation, $1,115,000 in fiscal year 2004, and $1,164,000 in fiscal year
2005 are for child care development grants according to Minnesota Statutes,
section 119B.21.
[STATE SPECIAL REVENUE FUND TRANSFER-CHILD
SUPPORT CARE CHILD ASSISTANCE.] On July 1, 2003, the commissioner of finance
shall transfer $1,800,000 from the special revenue fund to the general fund.
[MINNESOTA ECONOMIC OPPORTUNITY GRANTS.] Of
this appropriation, $4,000,000 in fiscal year 2004, and $4,000,000 in fiscal
year 2005 are for Minnesota economic opportunity grants.
[FOOD SHELF PROGRAMS.] Of this appropriation,
$1,278,000 in fiscal year 2004, and $1,278,000 in fiscal year 2005 are for food
shelf programs under Minnesota Statutes, section 119A.44.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
[LEAD ABATEMENT.] Of this appropriation,
$100,000 in fiscal year 2004, and $100,000 in fiscal year 2005 are for lead
abatement according to Minnesota Statutes, section 119A.46. Any balance in the
first year does not cancel but is available in the second year.
Subd. 3. Child Support
Child Support Special
Revenue Account
3,340,000
3,340,000
[CHILD CARE ASSISTANCE.] Of this
appropriation, $3,340,000 in fiscal year 2004, and $3,340,000 in fiscal year
2005 are for child care assistance according to Minnesota Statutes, section
119B.03.
Subd. 4. Basic Sliding
Fee and Child Care Development
[FEDERAL TANF TRANSFERS.] The sums indicated
in this section are transferred from the federal TANF fund to the child care
and development fund and are appropriated to the department of children,
families, and learning for the fiscal years indicated. The commissioner shall ensure that all
transferred funds are expended according to the child care and development fund
regulations and that maximum allowable transferred funds are used for the
following programs:
(a) For basic sliding fee child care,
$17,686,000 in fiscal year 2004 and $17,700,000 in fiscal year 2005, are for
child care assistance under Minnesota Statutes, section 119B.03.
(b) For MFIP/TY, $6,302,000 in fiscal year
2004 and $2,825,000 in fiscal year 2005 are for child care assistance under
Minnesota Statutes, section 119B.05.
(c) For child care development grants under
Minnesota Statutes, section 119B.21, $14,000 is available in fiscal year 2004.
Sec. 11. [TRANSFERS.]
Subdivision 1.
[GRANTS.] The commissioner of human services, with the
approval of the commissioner of finance, and after notification of the
chair of the senate health, human services and corrections budget
division and the chair of the house health and human services finance
committee, may transfer unencumbered appropriation balances for the
biennium ending June 30, 2005, within fiscal years among the MFIP,
general assistance, general assistance medical care, medical assistance,
Minnesota supplemental aid, and group residential housing programs,
and the entitlement portion of the chemical dependency consolidated
treatment fund, and between fiscal years of the biennium.
Subd. 2.
[ADMINISTRATION.] Positions, salary money, and nonsalary
administrative money may be transferred within the departments of human
services and health and within the programs operated by the veterans
nursing homes board as the commissioners and the board consider
necessary, with the advance approval of the commissioner of
finance. The commissioner or the
board shall inform the chairs of the house health and human services
finance committee and the senate health, human services and corrections
budget division quarterly about transfers made under this provision.
Subd. 3.
[PROHIBITED TRANSFERS.] Grant money shall not be transferred
to operations within the departments of human services and health and
within the programs operated by the veterans nursing homes board without
the approval of the legislature.
Sec. 12. [INDIRECT
COSTS NOT TO FUND PROGRAMS.]
The commissioners of health and of human services shall not
use indirect cost allocations to pay for the operational costs of any
program for which they are responsible.
Sec. 13. [CARRYOVER
LIMITATION.]
The appropriations in this article which are allowed to be
carried forward from fiscal year 2004 to fiscal year 2005 shall not
become part of the base level funding for the 2006-2007 biennial budget,
unless specifically directed by the legislature.
Sec. 14. [SUNSET OF
UNCODIFIED LANGUAGE.]
All uncodified language contained in this article expires
on June 30, 2005, unless a different expiration date is explicit.
Sec. 15. [REPEALER.]
Laws 2002, chapter 374, article 9, section 8, is repealed
effective upon final enactment.
Sec. 16. [EFFECTIVE
DATE.]
The provisions in this article are effective July 1, 2003,
unless a different effective date is specified."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Ways and Means.
The report was adopted.
Westrom from the Committee on Regulated Industries to which
was referred:
H. F. No. 622, A bill for an act relating to public safety;
modifying emergency 911 telephone system provisions to require multiline
telephone systems to provide caller location; providing for special levies for
county and city governments and school districts to fund this requirement;
amending Minnesota Statutes 2002, sections 126C.44; 275.70, subdivision 5;
403.01, subdivision 6; 403.02, by adding subdivisions; 403.07, subdivision 5;
proposing coding for new law in Minnesota Statutes, chapter 403.
Reported the same back with the following amendments:
Pages 1 to 5, delete sections 1 and 2
Page 6, line 26, after the second "system"
insert "installed after June 30, 2003,"
Page 7, delete section 9
Page 7, line 31, delete "After June 30, 2004,"
Page 7, line 36, delete "By June 30, 2005,"
Page 8, lines 9 and 10, delete "By June 30, 2005,"
Page 8, lines 15 and 16, delete "By June 30, 2005,"
Page 9, line 20, delete "9" and insert "6"
Renumber the sections in sequence
Amend the title as follows:
Page 1, delete lines 5 and 6
Page 1, line 7, delete "requirement;"
Page 1, line 8, delete "126C.44; 275.70, subdivision
5;"
Page 1, lines 9 and 10, delete "403.07, subdivision
5;"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Rules and Legislative Administration.
The report was adopted.
Kuisle from the Committee on Transportation Finance to which
was referred:
H. F. No. 627, A bill for an act relating to appropriations;
appropriating money for transportation and other purposes; providing for fees,
accounts, transfers, and expenditures; authorizing administrative powers,
penalties, and remedies for public safety purposes; making technical and
clarifying changes; amending Minnesota Statutes 2002, sections 115A.908,
subdivision 2; 161.20, subdivision 3; 168.12, subdivision 5; 168.54,
subdivision 4; 168A.29, subdivision 1; 297B.09,
subdivision 1; 299A.465, subdivisions 4, 5; Laws 1999, chapter 238, article 1,
section 2, subdivision 2; Laws 2001, First Special Session chapter 8, article
1, section 2, subdivision 2; Laws 2002, chapter 374, article 11, section 10,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapter
299A; repealing Minnesota Statutes 2002, section 16A.88, subdivision 3;
Minnesota Rules, part 7403.1300.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE
1
APPROPRIATIONS
TRANSPORTATION
AND OTHER AGENCIES
Section 1.
[TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS"
are appropriated from the general fund, or another named fund, to the agencies
and for the purposes specified in this article, to be available for the fiscal
years indicated for each purpose. The figures "2004" and
"2005," where used in this article, mean that the appropriations
listed under them are available for the year ending June 30, 2004, or June 30,
2005, respectively. If the figures are
not used, the appropriations are available for the year ending June 30, 2004,
or June 30, 2005, respectively. The term "first year" means the year
ending June 30, 2004, and the term "second year" means the year ending
June 30, 2005.
SUMMARY
BY FUND
2004
2005 TOTAL
General $78,949,000
$79,805,000 $158,794,000
Airports
19,558,000
19,558,000
39,116,000
C.S.A.H.
425,687,000
443,298,000
868,985,000
M.S.A.S.
112,186,000
114,557,000
226,743,000
Special Revenue
994,000 994,000 1,988,000
Highway User
12,336,000
12,336,000
24,672,000
Trunk Highway
1,191,962,000 1,262,396,000
2,454,358,000
TOTAL
$1,841,702,000 $1,922,944,000
$3,764,586,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Sec. 2. TRANSPORTATION
Subdivision 1. Total
Appropriation
$1,670,825,000 $1,751,242,000
The appropriations in this section are from the
trunk highway fund, except when another fund is named.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Summary by Fund
2004
2005
General 16,220,000 16,221,000
Airports 19,508,000 19,508,000
C.S.A.H. 425,687,000 433,298,000
M.S.A.S. 112,186,000 114,557,000
Trunk Highway 1,097,224,000 1,167,658,000
The amounts that may be
spent from this appropriation for each program are specified in the following
subdivisions.
Subd. 2. Multimodal
Systems
41,648,000 41,649,000
Summary by Fund
Airports 19,483,000 19,483,000
General 16,155,000 16,156,000
Trunk Highway 6,010,000 6,010,000
The amounts that may be spent from this
appropriation for each activity are as follows:
(a) Aeronautics
20,495,000 20,495,000
Summary by Fund
Airports 19,483,000 19,483,000
Trunk Highway 1,012,000 1,012,000
Except as otherwise
provided, the appropriations in this subdivision are from the state airports
fund.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
(1) Airport Development and
Assistance
14,298,000 14,298,000
These appropriations must be
spent according to Minnesota Statutes, section 360.305, subdivision 4.
Notwithstanding Minnesota
Statutes, section 16A.28, subdivision 6, funds are available for five years
after appropriation.
If the appropriation for
either year is insufficient, the appropriation for the other year is available
for it.
(2) Aviation Support and
Services
Summary by Fund
Airports 5,185,000 5,185,000
Trunk Highway 1,012,000 1,012,000
$165,000 the first year and
$165,000 the second year are for the civil air patrol.
(b) Transit
15,957,000 15,958,000
Summary by Fund
General 15,809,000 15,810,000
Trunk Highway 148,000 148,000
(c) Freight
1,569,000 1,569,000
Summary by Fund
General 220,000 220,000
Trunk Highway 1,349,000 1,349,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Notwithstanding Minnesota
Statutes, section 222.49, after July 1, 2003, and before June 30, 2004, the
commissioner of finance shall transfer $3,200,000 from the rail service
improvement account in the special revenue fund to the debt service fund.
Notwithstanding Minnesota
Statutes, section 222.49, after July 1, 2004, and before June 30, 2005, the
commissioner of finance shall transfer $3,200,000 from the rail service
improvement account in the special revenue fund to the debt service fund.
(d) Commercial Vehicles
3,627,000
3,627,000
Summary by Fund
General 126,000 126,000
Trunk Highway 3,501,000 3,501,000
Subd. 3. State Roads
1,039,324,000 1,109,758,000
Summary by Fund
General 9,000 9,000
Trunk Highway 1,039,315,000 1,109,749,000
The amounts that may be
spent from this appropriation for each activity are as follows:
(a) Infrastructure
Investment and Planning
836,593,000 907,027,000
$266,000 the first year and
$266,000 the second year are available for grants to metropolitan planning
organizations outside the seven-county metropolitan area.
$75,000 the first year and
$75,000 the second year are for a transportation research contingent account to
finance research projects that are reimbursable from the federal government or
from other sources. If the
appropriation for either year is insufficient, the appropriation for the other
year is available for it.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
$600,000 the first year and
$600,000 the second year are available for grants for transportation studies
outside the metropolitan area to identify critical concerns, problems, and
issues. These grants are available (1)
to regional development commissions, and (2) in regions where no regional
development commission is functioning, to joint powers boards established under
agreement of two or more political subdivisions in the region to exercise the
planning functions of a regional development commission, and (3) in regions
where no regional development commission or joint powers board is functioning,
to the department's district office for that region.
(1) State Road Construction
635,457,000 685,450,000
It is estimated that these
appropriations will be funded as follows:
Federal Highway Aid
325,000,000 375,000,000
Highway User Taxes
310,457,000 310,457,000
The commissioner of
transportation shall notify the chair of the transportation budget division of
the senate and the chair of the transportation finance committee of the house
of representatives of any significant events that should cause these estimates
to change.
This appropriation is for
the actual construction, reconstruction, and improvement of trunk highways
including consultant usage to support these activities. This includes the cost of actual payment to
landowners for lands acquired for highway rights-of-way, payment to lessees,
interest subsidies, and relocation expenses.
The commissioner may
transfer up to $15,000,000 each year to the transportation revolving loan fund.
The commissioner may receive
money covering other shares of the cost of partnership projects. These receipts are appropriated to the
commissioner for these projects.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
(2) Highway Debt Service
40,149,000 60,583,000
$33,640,000 the first year
and $54,012,000 the second year are for transfer to the state bond fund. If this appropriation is insufficient to
make all transfers required in the year for which it is made, the commissioner
of finance shall notify the committee on state government finance of the senate
and the committee on ways and means of the house of representatives of the
amount of the deficiency and shall then transfer that amount under the
statutory open appropriation. Any
excess appropriation cancels to the trunk highway fund.
(b) Infrastructure
Operations and Maintenance
197,741,000 197,741,000
(c) Electronic
Communications
4,990,000
4,990,000
Summary by Fund
General 9,000 9,000
Trunk Highway 4,981,000 4,981,000
$9,000 the first year and
$9,000 the second year are from the general fund for equipment and operation of
the Roosevelt signal tower for Lake of the Woods weather broadcasting.
Subd. 4. Local Roads
537,873,000 547,855,000
Summary by Fund
C.S.A.H. 425,687,000 433,298,000
M.S.A.S. 112,186,000 114,557,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
The amounts that may be
spent from this appropriation for each activity are as follows:
(a) County State Aids
425,687,000 433,298,000
This appropriation is from
the county state-aid highway fund and is available until spent.
(b) Municipal State Aids
112,186,000 114,557,000
This appropriation is from
the municipal state-aid street fund and is available until spent.
If an appropriation for either
county state aids or municipal state aids does not exhaust the balance in the
fund from which it is made in the year for which it is made, the commissioner
of finance, upon request of the commissioner of transportation, shall notify
the chair of the transportation finance committee of the house of
representatives and the chair of the transportation budget division of the
senate of the amount of the remainder and shall then add that amount to the
appropriation. The amount added is
appropriated for the purposes of county state aids or municipal state aids, as
appropriate.
Subd. 5. General
Support and Services
51,980,000 51,980,000
Summary by Fund
General 56,000 56,000
Airports 25,000 25,000
Trunk Highway 51,899,000 51,899,000
The amounts that may be
spent from this appropriation for each activity are as follows:
(a) Department Support
38,653,000 38,653,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Summary by Fund
Airports 25,000 25,000
Trunk Highway 38,628,000 38,628,000
(b) Buildings
13,327,000 13,327,000
Summary by Fund
General 56,000 56,000
Trunk Highway 13,271,000 13,271,000
If the appropriation for
either year is insufficient, the appropriation for the other year is available
for it.
Subd. 6. Transfers
(a) With the approval of the
commissioner of finance, the commissioner of transportation may transfer
unencumbered balances among the appropriations from the trunk highway fund and
the state airports fund made in this section.
No transfer may be made from the appropriation for state road
construction. No transfer may be made
from the appropriations for debt service to any other appropriation. Transfers
under this paragraph may not be made between funds. Transfers between programs must be reported immediately to the
chair of the transportation budget division of the senate and the chair of the
transportation finance committee of the house of representatives.
(b) The commissioner of
finance shall transfer from the flexible account in the county state-aid
highway fund $14,400,000 the first year and $8,300,000 the second year to the
municipal turnback account in the municipal state-aid street fund, and the
remainder in each year to the county turnback account in the county state-aid
highway fund.
Subd. 7. Use of State
Road Construction Appropriations
Any money appropriated to
the commissioner of transportation for state road construction for any fiscal
year before fiscal year 2003 is available to the commissioner during fiscal
years 2004 and 2005 to
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
the extent that the
commissioner spends the money on the state road construction project for which
the money was originally encumbered during the fiscal year for which it was
appropriated. The commissioner of transportation shall report to the
commissioner of finance by August 1, 2003, and August 1, 2004, on a form the
commissioner of finance provides, on expenditures made during the previous
fiscal year that are authorized by this subdivision.
Subd. 8. Contingent
Appropriation
The commissioner of
transportation, with the approval of the governor after review by the
legislative advisory commission under Minnesota Statutes, section 3.30, may
transfer all or part of the unappropriated balance in the trunk highway fund to
an appropriation (1) for trunk highway design, construction, or inspection in
order to take advantage of an unanticipated receipt of income to the trunk
highway fund or to take advantage of Federal Advanced Construction funding, (2)
for trunk highway maintenance in order to meet an emergency, or (3) to pay tort
or environmental claims. Any transfer
as a result of the use of Federal Advanced Construction funding must include an
analysis of the effects on the long-term trunk highway fund balance. The amount transferred is appropriated for
the purpose of the account to which it is transferred.
Sec. 3. METROPOLITAN
COUNCIL TRANSIT
55,693,000 56,573,000
(a) The agency's budget base
for fiscal year 2006 is $56,693,000 and for fiscal year 2007 is $57,693,000.
(b) Bus Transit
53,453,000 53,453,000
This appropriation is for
bus system operations.
(c) Rail Operations
2,240,000
3,120,000
This appropriation is for
operations of the Hiawatha LRT line.
The base for rail operations for fiscal year 2006 is $3,240,000 and for
fiscal year 2007 is $4,240,000.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
This appropriation is for
paying 40 percent of operating costs for the Hiawatha light rail transit line
after operating revenue and federal funds used for light rail transit
operations. The remaining costs are to be paid as follows:
(1) 40 percent by the
Hennepin county regional rail authority from its reserves; and
(2) 20 percent by the cities
of Minneapolis and Bloomington in proportion to the miles of the line located
in each city and in operation.
Sec. 4. PUBLIC SAFETY
Subdivision 1. Total
Appropriation
114,149,000 114,154,000
Summary by Fund
General 7,006,000 7,011,000
Trunk Highway 93,938,000 93,938,000
Highway User 12,211,000 12,211,000
Special Revenue 994,000 994,000
Subd. 2. Administration
and Related Services
9,684,000 9,689,000
Summary by Fund
General 2,361,000 2,366,000
Trunk Highway 5,938,000 5,938,000
Highway User 1,385,000 1,385,000
(a) Office of Communications
385,000 385,000
Summary by Fund
General 39,000 39,000
Trunk Highway 346,000 346,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
(b) Public Safety Support
6,845,000 6,850,000
Summary by Fund
General 2,231,000 2,236,000
Trunk Highway 3,248,000 3,248,000
Highway User 1,366,000 1,366,000
$365,000 the first year and
$370,000 the second year are for payment of public safety officer survivor
benefits under Minnesota Statutes, section 299A.44. If the appropriation for either year is insufficient, the appropriation
for the other year is available for it.
The base for fiscal year 2006 is $375,000 and for fiscal year 2007 is
$380,000.
$314,000 the first year and
$314,000 the second year are to be deposited in the public safety officer's
benefit account. This money is
available for reimbursements under Minnesota Statutes, section 299A.465.
$508,000 the first year and
$508,000 the second year are for soft body armor reimbursements under Minnesota
Statutes, section 299A.38.
$792,000 the first year and
$792,000 the second year are appropriated from the general fund for transfer by
the commissioner of finance to the trunk highway fund on December 31, 2003, and
December 31, 2004, respectively, in order to reimburse the trunk highway fund
for expenses not related to the fund.
These represent amounts appropriated out of the trunk highway fund for
general fund purposes in the administration and related services program.
$610,000 the first year and
$610,000 the second year are appropriated from the highway user tax distribution
fund for transfer by the commissioner of finance to the trunk highway fund on
December 31, 2003, and December 31, 2004, respectively, in order to reimburse
the trunk highway fund for expenses not related to the fund. These represent
amounts appropriated out of the trunk highway fund for highway user tax
distribution fund purposes in the administration and related services program.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
$716,000 the first year and
$716,000 the second year are appropriated from the highway user tax
distribution fund for transfer by the commissioner of finance to the general
fund on December 31, 2001, and December 31, 2002, respectively, in order to
reimburse the general fund for expenses not related to the fund. These represent amounts appropriated out of
the general fund for operation of the criminal justice data network related to
driver and motor vehicle licensing.
(c) Technical Support
Services
2,454,000
2,454,000
Summary by Fund
General 91,000 91,000
Trunk Highway 2,344,000 2,344,000
Highway User 19,000 19,000
Subd. 3. State Patrol
66,332,000 66,332,000
Summary by Fund
General 2,871,000 2,871,000
Trunk Highway 63,369,000 63,369,000
Highway User 92,000 92,000
(a) Patrolling Highways
57,024,000 57,024,000
Summary by Fund
General 37,000 37,000
Trunk Highway 56,895,000 56,895,000
Highway User 92,000 92,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
(b) Commercial Vehicle
Enforcement
6,474,000
6,474,000
This appropriation is from
the trunk highway fund.
(c) Capitol Security
2,834,000
2,834,000
Subd. 4. Driver and
Vehicle Services
36,815,000
36,815,000
Summary by Fund
General 1,774,000 1,774,000
Trunk Highway 24,307,000 24,307,000
Highway User 10,734,000 10,734,000
(a) Vehicle Services
12,452,000 12,452,000
Summary by Fund
General 1,718,000 1,718,000
Highway User 10,734,000 10,734,000
(b) Driver Services
24,363,000 24,363,000
Summary by Fund
General 56,000 56,000
Trunk Highway 24,307,000 24,307,000
Subd. 5. Traffic Safety
324,000 324,000
This appropriation is from the trunk highway
fund.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
The commissioners of public safety and
transportation shall jointly report annually to the chairs and ranking minority
members of the house of representatives and senate committees having
jurisdiction over transportation and public safety finance issues on the
expenditure of any federal funds available under the repeat offender transfer
program, Public Law 105-206, section 164.
Subd. 6. Pipeline
Safety
994,000 994,000
This appropriation is from the pipeline
safety account in the special revenue fund.
Sec. 5. GENERAL
CONTINGENT ACCOUNTS
375,000 375,000
Summary by Fund
Trunk Highway 200,000 200,000
Highway User 125,000 125,000
Airports 50,000 50,000
The appropriations in this section may only
be spent with the approval of the governor after consultation with the
legislative advisory commission pursuant to Minnesota Statutes, section 3.30.
If an appropriation in this section for
either year is insufficient, the appropriation for the other year is available
for it.
Sec. 6. TORT CLAIMS
600,000 600,000
To be spent by the commissioner of finance.
This appropriation is from the trunk highway
fund.
If the appropriation for either year is
insufficient, the appropriation for the other year is available for it.
ARTICLE 2
OTHER CHANGES RELATED TO
TRANSPORTATION AND PUBLIC SAFETY
Section 1. Minnesota
Statutes 2002, section 13.44, subdivision 3, is amended to read:
Subd. 3. [REAL PROPERTY; APPRAISAL DATA.] (a) [CONFIDENTIAL OR PROTECTED
NONPUBLIC DATA.] Estimated or appraised values of individual parcels of real
property which are made by personnel of the state, its agencies and
departments, or a political subdivision or by independent appraisers acting for
the state, its agencies and departments, or a political subdivision for the
purpose of selling or acquiring land through purchase or condemnation are
classified as confidential data on individuals or protected nonpublic data.
(b) [PUBLIC DATA.] The
data made confidential or protected nonpublic by the provisions of paragraph
(a) shall become public upon the occurrence of any of the following:
(1) the negotiating parties exchange appraisals;
(2) the data are submitted to a court appointed condemnation
commissioner;
(3) the data are presented in court in condemnation
proceedings; or
(4) the negotiating parties enter into an agreement for the
purchase and sale of the property; or
(5) the data are submitted to the owner under section 117.036.
Sec. 2. Minnesota
Statutes 2002, section 16C.10, subdivision 7, is amended to read:
Subd. 7. [REVERSE
AUCTION.] (a) For the purpose of this subdivision, "reverse auction"
means a purchasing process in which vendors compete to provide goods or
services at the lowest selling price in an open and interactive
environment.
(b) The provisions of section 16C.06, subdivisions 2 and 3, do
not apply when the commissioner determines that a reverse auction is the
appropriate purchasing process.
(c) Notwithstanding any other law, the commissioner of transportation
may not award contracts for highway construction or engineering services
using a reverse auction process.
Sec. 3. Minnesota
Statutes 2002, section 103G.222, subdivision 1, is amended to read:
Subdivision 1.
[REQUIREMENTS.] (a) Wetlands must not be drained or filled, wholly or
partially, unless replaced by restoring or creating wetland areas of at least
equal public value under a replacement plan approved as provided in section 103G.2242,
a replacement plan under a local governmental unit's comprehensive wetland
protection and management plan approved by the board under section 103G.2243,
or, if a permit to mine is required under section 93.481, under a mining
reclamation plan approved by the commissioner under the permit to mine. Mining reclamation plans shall apply the
same principles and standards for replacing wetlands by restoration or creation
of wetland areas that are applicable to mitigation plans approved as provided
in section 103G.2242. Public value must
be determined in accordance with section 103B.3355 or a comprehensive wetland
protection and management plan established under section 103G.2243. Sections 103G.221 to 103G.2372 also apply to
excavation in permanently and semipermanently flooded areas of types 3, 4, and
5 wetlands.
(b) Replacement must be guided by the following principles in
descending order of priority:
(1) avoiding the direct or indirect impact of the activity that
may destroy or diminish the wetland;
(2) minimizing the impact by limiting the degree or magnitude
of the wetland activity and its implementation;
(3) rectifying the impact by repairing, rehabilitating, or
restoring the affected wetland environment;
(4) reducing or eliminating the impact over time by
preservation and maintenance operations during the life of the activity;
(5) compensating for the impact by restoring a wetland; and
(6) compensating for the impact by replacing or providing
substitute wetland resources or environments.
For a project involving the draining or filling of wetlands in
an amount not exceeding 10,000 square feet more than the applicable amount in
section 103G.2241, subdivision 9, paragraph (a), the local government unit may
make an on-site sequencing determination without a written alternatives
analysis from the applicant.
(c) If a wetland is located in a cultivated field, then
replacement must be accomplished through restoration only without regard to the
priority order in paragraph (b), provided that a deed restriction is placed on
the altered wetland prohibiting nonagricultural use for at least ten years.
(d) Restoration and replacement of wetlands must be
accomplished in accordance with the ecology of the landscape area affected.
(e) Except as provided in paragraph (f), for a wetland or
public waters wetland located on nonagricultural land, replacement must be in
the ratio of two acres of replaced wetland for each acre of drained or filled
wetland.
(f) For a wetland or public waters wetland located on
agricultural land or in a greater than 80 percent area, replacement must be in
the ratio of one acre of replaced wetland for each acre of drained or filled
wetland.
(g) For a wetland or public waters wetland impacted by a
public transportation project located in a 50 to 80 percent area, the
replacement must be in a ratio of 1-1/2 acres of replaced wetland for
each acre of drained or filled wetland.
(h) Wetlands that are restored or created as a result of
an approved replacement plan are subject to the provisions of this section for
any subsequent drainage or filling.
(h) (i) Except in a greater than 80 percent area,
only wetlands that have been restored from previously drained or filled
wetlands, wetlands created by excavation in nonwetlands, wetlands created by
dikes or dams along public or private drainage ditches, or wetlands created by
dikes or dams associated with the restoration of previously drained or filled
wetlands may be used in a statewide banking program established in rules
adopted under section 103G.2242, subdivision 1. Modification or conversion of
nondegraded naturally occurring wetlands from one type to another are not
eligible for enrollment in a statewide wetlands bank.
(i) (j) The technical evaluation panel established
under section 103G.2242, subdivision 2, shall ensure that sufficient time has
occurred for the wetland to develop wetland characteristics of soils,
vegetation, and hydrology before recommending that the wetland be deposited in
the statewide wetland bank. If the
technical evaluation panel has reason to believe that the wetland
characteristics may change substantially, the panel shall postpone its
recommendation until the wetland has stabilized.
(j) (k) This section and sections 103G.223 to 103G.2242,
103G.2364, and 103G.2365 apply to the state and its departments and agencies.
case shall the purchase price
be less than $400 per acre: (1) the
cost to the state to establish the credits; (2) the average estimated market
value of agricultural land in the township where the road project is located,
as determined by the commissioner of revenue; or (3) the average value of the
land in the immediate vicinity of the road project as determined by the county
assessor. Public transportation
authorities in a less than 80 percent area may purchase credits from the
state at the cost to the state to establish credits. (k) (l) For projects involving draining or
filling of wetlands associated with a new public transportation project in a
greater than 80 percent area, public transportation authorities, other
than the state department of transportation, may purchase credits from the
state wetland bank established with proceeds from Laws 1994, chapter 643,
section 26, subdivision 3, paragraph (c).
Wetland banking credits may be purchased at the least of the following,
but in no
(l) (m) A replacement plan for wetlands is not
required for individual projects that result in the filling or draining of
wetlands for the repair, rehabilitation, reconstruction, or replacement of a
currently serviceable existing state, city, county, or town public road
necessary, as determined by the public transportation authority, to meet state
or federal design or safety standards or requirements, excluding new roads or
roads expanded solely for additional traffic capacity lanes. This paragraph
only applies to authorities for public transportation projects that:
(1) minimize the amount of wetland filling or draining
associated with the project and consider mitigating important site-specific
wetland functions on-site;
(2) except as provided in clause (3), submit project-specific
reports to the board, the technical evaluation panel, the commissioner of
natural resources, and members of the public requesting a copy at least 30 days
prior to construction that indicate the location, amount, and type of wetlands
to be filled or drained by the project or, alternatively, convene an annual
meeting of the parties required to receive notice to review projects to be
commenced during the upcoming year; and
(3) for minor and emergency maintenance work impacting less
than 10,000 square feet, submit project-specific reports, within 30 days of
commencing the activity, to the board that indicate the location, amount, and
type of wetlands that have been filled or drained.
Those required to receive
notice of public transportation projects may appeal minimization, delineation,
and on-site mitigation decisions made by the public transportation authority to
the board according to the provisions of section 103G.2242, subdivision 9. The technical evaluation panel shall review
minimization and delineation decisions made by the public transportation
authority and provide recommendations regarding on-site mitigation if requested
to do so by the local government unit, a contiguous landowner, or a member of
the technical evaluation panel.
Except for state public
transportation projects, for which the state department of transportation is
responsible, the board must replace the wetlands, and wetland areas of public
waters if authorized by the commissioner or a delegated authority, drained or
filled by public transportation projects on existing roads, except
for those that are exempt under section 103G.2241, subdivisions 5 and 9,
paragraph (a), clause (5). The
department of transportation may enter into an agreement with the board
to replace wetlands according to this paragraph.
Public transportation
authorities at their discretion may deviate from federal and state design
standards on existing road projects when practical and reasonable to avoid
wetland filling or draining, provided that public safety is not unreasonably
compromised. The local road authority
and its officers and employees are exempt from liability for any tort claim for
injury to persons or property arising from travel on the highway and related to
the deviation from the design standards for construction or reconstruction
under this paragraph. This paragraph
does not preclude an action for damages arising from negligence in construction
or maintenance on a highway.
(m) (n) If a landowner seeks approval of a
replacement plan after the proposed project has already affected the wetland,
the local government unit may require the landowner to replace the affected
wetland at a ratio not to exceed twice the replacement ratio otherwise
required.
(n) (o) A local government unit may request
the board to reclassify a county or watershed on the basis of its percentage of
presettlement wetlands remaining. After
receipt of satisfactory documentation from the local government, the board
shall change the classification of a county or watershed. If requested by the local government unit,
the board must assist in developing the documentation. Within 30 days of its action to approve a
change of wetland classifications, the board shall publish a notice of the
change in the Environmental Quality Board Monitor.
(o) (p) One hundred citizens who reside within
the jurisdiction of the local government unit may request the local government
unit to reclassify a county or watershed on the basis of its percentage of
presettlement wetlands remaining. In
support of their petition, the citizens shall provide satisfactory
documentation to the local government unit.
The local government unit shall consider the petition and forward the
request to the board under paragraph (n) (o) or provide a reason
why the petition is denied.
Sec. 4. Minnesota
Statutes 2002, section 103G.222, subdivision 3, is amended to read:
Subd. 3. [WETLAND
REPLACEMENT SITING.] (a) Siting wetland replacement must follow this priority
order:
(1) on site or in the same minor watershed as the affected
wetland;
(2) in the same watershed as the affected wetland;
(3) in the same county as the affected wetland;
(4) in an adjacent watershed or county to the affected wetland;
and
(5) statewide, only for wetlands affected in greater than 80
percent areas and for public transportation projects, except that wetlands
affected in less than 50 percent areas must be replaced in less than 50 percent
areas, and wetlands affected in the seven-county metropolitan area must be
replaced in the affected county or, if no restoration opportunities exist in
the county, in another area comprised of the major watersheds that
drain into the seven-county metropolitan area county.
(b) The exception in paragraph (a), clause (5), does not apply
to replacement completed using wetland banking credits established by a person
who submitted a complete wetland banking application to a local government unit
by April 1, 1996.
(c) When reasonable, practicable, and environmentally
beneficial replacement opportunities are not available in siting priorities
listed in paragraph (a), the applicant may seek opportunities at the next
level.
(d) For the purposes of this section, "reasonable,
practicable, and environmentally beneficial replacement opportunities" are
defined as opportunities that:
(1) take advantage of naturally occurring hydrogeomorphological
conditions and require minimal landscape alteration;
(2) have a high likelihood of becoming a functional wetland
that will continue in perpetuity;
(3) do not adversely affect other habitat types or ecological
communities that are important in maintaining the overall biological diversity
of the area; and
(4) are available and capable of being done after taking
into consideration cost, existing technology, and logistics consistent with
overall project purposes.
(e) Regulatory agencies, local government units, and other
entities involved in wetland restoration shall collaborate to identify
potential replacement opportunities within their jurisdictional areas.
Sec. 5. [117.036]
[APPRAISAL AND NEGOTIATION REQUIREMENTS APPLICABLE TO ACQUISITION OF PROPERTY
FOR TRANSPORTATION PURPOSES.]
Subdivision 1. [APPLICATION.]
This section applies to the acquisition of property for public
highways, streets, roads, alleys, airports, mass transit facilities, or
for other transportation facilities or purposes.
Subd. 2.
[APPRAISAL.] (a) Before commencing an eminent domain
proceeding under this chapter, the acquiring authority must obtain at
least one appraisal for the property proposed to be acquired. In making the appraisal, the appraiser must
confer with one or more of the owners of the property, if reasonably
possible. At least 20 days before
presenting a petition under section 117.055, the acquiring authority
must provide the owner with a copy of the appraisal and inform the owner
of the owner's right to obtain an appraisal under this section.
(b) The owner may obtain an appraisal by a qualified appraiser
of the property proposed to be acquired.
The owner is entitled to reimbursement for the reasonable costs
of the appraisal from the acquiring authority up to a maximum of $1,500
at the time the owner submits the appraisal to the acquiring authority,
provided that the owner does so within 60 days after the owner receives
the appraisal from the authority under paragraph (a).
Sec. 6. Minnesota
Statutes 2002, section 138.40, subdivision 2, is amended to read:
Subd. 2. [COMPLIANCE,
ENFORCEMENT, PRESERVATION.] State and other governmental agencies shall comply
with and aid in the enforcement of provisions of sections 138.31 to 138.42.
Conservation officers and other enforcement officers of the department of natural
resources shall enforce the provisions of sections 138.31 to 138.42 and report
violations to the director of the society.
When archaeological or historic sites are known or based on
investigations or are suspected to exist on public lands or waters, or in
the case of a public highway project undertaken by a road authority are
known or based on scientific investigations are predicted to exist,
the agency or department controlling said lands or waters shall use the
professional services of archaeologists from the University of Minnesota,
Minnesota historical society, or other qualified professional archaeologists,
to preserve these sites. In the event
that archaeological excavation is required to protect or preserve these sites,
state and other governmental agencies may use their funds for such activities.
Sec. 7. Minnesota
Statutes 2002, section 138.40, subdivision 3, is amended to read:
Subd. 3. [REVIEW OF
PLANS.] When significant archaeological or historic sites are known or
suspected to exist on public lands or waters, or in the case of a public
highway project undertaken by a road authority are known or based on
scientific investigations are predicted to exist, the agency or
department controlling said lands or waters shall submit construction or
development plans to the state archaeologist and the director of the society
for review prior to the time bids are advertised. The state archaeologist and the society shall promptly review
such plans and within 30 days of receiving the plans shall make
recommendations for the preservation of archaeological or historic sites which
may be endangered by construction or development activities. When archaeological or historic sites are
related to Indian history or religion, the state archaeologist shall submit the
plans to the Indian affairs council for the council's review and recommend
action.
Sec. 8. Minnesota
Statutes 2002, section 160.28, is amended by adding a subdivision to read:
Subd. 3. [REST
AREA LEASE AGREEMENTS.] (a) Except as provided in paragraph (e),
notwithstanding any other law the commissioner may enter into lease
agreements, through negotiations or best value, with private entities
relating to the use of highway rest areas.
(b) A lease under this subdivision may:
(1) prescribe a term of up to 20 years, with the approval
of the commissioner of administration, and may be renewable for additional
terms;
(2) provide for corporate or business sponsorship of a rest
area for a fee to be determined by the commissioner;
(3) allow the lessee to offer for sale products or service
that the commissioner deems appropriate for sale in a highway rest
area; and
(4) allow the lessee to add leasehold improvements to the
site.
(c) A lease agreement for a rest area is subject to section
160.282 and must allow the commissioner to negotiate maintenance service
agreements that promote and encourage the employment of needy elderly
persons.
(d) Revenues from leases or sponsorships authorized under
this subdivision must be deposited in a highway rest area lease account
in the special revenue fund. Money in
the account is appropriated to the commissioner for administration of
the rest area program.
(e) Nothing in this subdivision affects existing contracts
under section 248.07 or their renewal.
(f) The commissioner shall take no action under this subdivision
that would result in the loss of federal highway funds or require the
payment of highway funds to the federal government.
Sec. 9. [160.93] [USER
FEES; HIGH-OCCUPANCY VEHICLE LANES.]
Subdivision 1.
[FEES AUTHORIZED.] To improve efficiency and provide more
options to individuals traveling in a trunk highway corridor, the
commissioner of transportation may charge user fees to owners of
single-occupant vehicles using designated high-occupancy vehicle
lanes. The fees may be collected using
electronic or other toll-collection methods and may vary in amount
with the time of day and level of traffic congestion within the
corridor. The commissioner shall
consult with the metropolitan council and obtain necessary federal
authorizations before implementing user fees on a high-occupancy vehicle
lane. Fees under this section are not subject to section 16A.1283.
Subd. 2.
[DEPOSIT OF REVENUES; APPROPRIATION.] Money collected from fees
authorized under subdivision 1 must be deposited in a high-occupancy
vehicle lane user fee account in the special revenue fund. A separate account must be established
for each trunk highway corridor. Money
in the account is appropriated to the commissioner. From this appropriation the
commissioner shall pay all costs of implementing and administering the
fee collection system for that corridor. The commissioner shall spend remaining money in the
account as follows:
(1) one-half must be spent for transportation capital improvements
within the corridor; and
(2) one-half must be transferred to the metropolitan council
for expansion and improvement of bus transit services within the
corridor beyond the level of service provided on January 1, 2003.
Subd. 3. [EXEMPTIONS.] With respect to this
section, the commissioner is exempt from statutory rulemaking
requirements and from sections 160.84 to 160.92 and 161.162 to 161.167.
Sec. 10. Minnesota
Statutes 2002, section 161.08, is amended to read:
161.08 [BOOKS OF ACCOUNT RECORDS AND REPORTS.]
Subdivision 1.
[BOOKS OF ACCOUNT.] (a) The commissioner shall keep accurate and
complete books of account as may be prescribed by the commissioner of finance,
the same to show in detail itemized receipts and disbursements of the trunk
highway fund. The books of account
shall show the following facts, among others:
(1) the expenses of maintaining the transportation department,
including the salaries and expenses of the individual members thereof;
(2) the amounts of money expended in each county of the state
for the construction of trunk highways, and when, where, and upon what job or
portion of road expended so that the cost per mile of such construction can be
easily ascertained;
(3) any other money expended by the state in connection with
any roads other than trunk highways and when, where, and upon what portion of
road so expended; and
(4) the amount of road equipment and materials purchased, and
when, where, and from whom purchased, and the price paid for each item.
(b) The original invoices shall form a part of the permanent
files and records in the department of transportation and be open to public
inspection.
Subd. 2.
[BIENNIAL REPORT.] No later than October 15 of each
odd-numbered year, the commissioner shall report to the legislature the
total expenditures from the trunk highway fund during the previous
biennium in each of the following categories: road construction; planning; professional and technical
contracts; design and engineering; labor; compliance with environmental
requirements; acquisition of right-of-way; litigation costs, including
payment of claims, settlements, and judgments; maintenance; and road
operations.
Sec. 11. Minnesota
Statutes 2002, section 161.20, subdivision 3, is amended to read:
Subd. 3. [TRUNK HIGHWAY
FUND APPROPRIATIONS.] The commissioner may expend trunk highway funds only for
trunk highway purposes. Payment of
expenses related to sales tax, bureau of criminal apprehension
laboratory, office of tourism kiosks, Minnesota safety council, tort claims,
driver education programs, emergency medical services board, and Mississippi
River parkway commission do not further a highway purpose and do not aid in the
construction, improvement, or maintenance of the highway system.
Sec. 12. Minnesota
Statutes 2002, section 164.12, is amended to read:
164.12 [ROAD ON TOWN LINE.]
Subdivision 1.
[PROPOSAL TO ESTABLISH; MAINTAIN.] When adjoining towns propose
to establish, alter, or vacate, or maintain a road on or
along the line between such towns they shall proceed as hereinafter provided.
Subd. 2. [DIVISION OF
RESPONSIBILITIES.] The town boards shall divide the length of the road proposed
to be established, altered, or vacated, or maintained into two
parts. When it is proposed to establish
or alter a road, the division shall be made so as to divide as nearly equal as
possible the cost of right-of-way, construction, and maintenance of the entire
road. If the proposal is to vacate a road, the division shall be made so as to
divide as nearly equal as possible any damages that may be occasioned thereby.
Subd. 3. [AGREEMENT.] After the division the boards shall enter into an
agreement specifying which part shall be vacated, or opened, constructed, and maintained
by each. Thereafter, each board shall
proceed in the manner and subject to the same review as provided in section
164.06 or section 164.07.
Subd. 4. [JOINT
CONTRACT.] When a town line road is established or, altered,
or maintained as provided herein, the boards may jointly let a contract
covering all or part of the work to be performed on the road. If a joint contract is not let each town
board shall open and construct its portion thereof as expeditiously as
possible.
Subd. 5. [PORTION OF
ROAD TAKEN BY STATE OR COUNTY.] If a portion of a town line road is taken over
by the state as a trunk highway, or by a county as a county state-aid highway
or county highway, the town boards concerned shall divide the portions of the
town line road not taken over by the state or county, so that the cost of
construction, reconstruction, and maintenance thereof will be apportioned as
nearly equal as possible. After such
division the boards shall enter into an agreement specifying which part shall
be constructed and maintained by each.
Subd. 6. [FAILURE TO
AGREE.] (a) When the town boards cannot agree upon a division as
provided in subdivision 2 or subdivision 5, or upon the petition of either town
board when a division previously agreed upon has proved to be inequitable, the
county board, or where the road is on a county line the county boards of the
counties concerned, shall determine the proper division of responsibility. In making such division the county board or
boards shall follow the procedure provided for in subdivision 2 or 5. Where deemed necessary the services of the
county engineer may be used.
(b) When for any reason an agreement under paragraph (a)
cannot be reached, the town board of either or both towns may request
to have the matter determined through mediation, arbitration,
mediation-arbitration (med-arb), or other form of alternative dispute
resolution as described in Rule 114.02 of the General Rules of Practice
for the District Courts. The parties
may select a neutral who does not qualify under Rule 114.02. Mediated settlement agreements must be in
accordance with the Minnesota Civil Mediation Act, sections 572.31 to
572.40. Arbitrated agreements and
med-arb agreements must be final and binding.
Sec. 13. Minnesota
Statutes 2002, section 168.12, subdivision 5, is amended to read:
Subd. 5. [ADDITIONAL
FEE.] (a) In addition to any fee otherwise authorized or any tax otherwise
imposed upon any motor vehicle, the payment of which is required as a condition
to the issuance of any number license plate or plates, the commissioner of
public safety may shall impose a the fee specified
in paragraph (b) that is calculated to cover the cost of
manufacturing and issuing the license plate or plates, except for license
plates issued to disabled veterans as defined in section 168.031 and license
plates issued pursuant to section 168.124, 168.125, or 168.27, subdivisions 16
and 17, for passenger automobiles.
Graphic design license plates shall only be issued for vehicles
registered pursuant to section 168.017 and recreational vehicles registered
pursuant to section 168.013, subdivision 1g.
(b) Unless otherwise specified or exempted by statute, the
following plate and validation sticker fees apply for the original,
duplicate, or replacement issuance of a plate in a plate year:
Sequential Double Plate
$4.25
Sequential Special
Plate-Double
$7.00
Sequential Single Plate
$3.00
Sequential Special
Plate-Single
$5.50
Self-Adhesive Plate
$2.50
Nonsequential
Double Plate
Nonsequential Single Plate $10.00
Duplicate Sticker
$1.00
(c) Fees collected under this subdivision must be paid
into the state treasury and credited to the highway user tax distribution fund.
Sec. 14. Minnesota
Statutes 2002, section 168.54, subdivision 4, is amended to read:
Subd. 4. [TRANSFER
FEE.] A fee of $2 $3 is imposed upon every transfer of ownership
by the commissioner of public safety of any motor vehicle for which a
registration certificate has heretofore been issued under this chapter, except
vehicles sold for the purposes of salvage or dismantling or permanent removal
from the state.
Sec. 15. Minnesota
Statutes 2002, section 168A.29, subdivision 1, is amended to read:
Subdivision 1.
[AMOUNTS.] (a) The department shall be paid the following fees:
(1) for filing an application for and the issuance of an
original certificate of title, the sum of $2 $3;
(2) for each security interest when first noted upon a
certificate of title, including the concurrent notation of any assignment
thereof and its subsequent release or satisfaction, the sum of $2, except that
no fee is due for a security interest filed by a public authority under section
168A.05, subdivision 8;
(3) for the transfer of the interest of an owner and the issuance
of a new certificate of title, the sum of $2 $3;
(4) for each assignment of a security interest when first noted
on a certificate of title, unless noted concurrently with the security
interest, the sum of $1;
(5) for issuing a duplicate certificate of title, the sum of
$4.
(b) After June 30, 1994, in addition to each of the fees
required under paragraph (a), clauses (1) and (3), the department shall be paid
$3.50. The additional fee collected
under this paragraph must be deposited in the special revenue fund and credited
to the public safety motor vehicle account established in section 299A.70.
Sec. 16. Minnesota
Statutes 2002, section 169.14, is amended by adding a subdivision to read:
Subd. 2a. [SPEED
LIMIT ON INTERSTATE HIGHWAY 35E.] The commissioner shall designate
the speed limit on marked interstate highway 35E from West Seventh
Street to marked interstate highway 94 in St. Paul as 55 miles per hour,
unless the commissioner designates a different speed limit on that highway
after conducting an engineering and traffic investigation under
subdivision 4 and determining on the basis of the investigation that a
different speed limit is reasonable and safe. Any speed in excess of a speed limit designated under this
section is unlawful.
[EFFECTIVE DATE.] This
section is effective August 1, 2003.
Sec. 17. Minnesota
Statutes 2002, section 169.791, subdivision 1, is amended to read:
Subdivision 1. [TERMS
DEFINED.] (a) For purposes of this section and sections 169.792 to 169.799
169.798, the following terms have the meanings given.
(b) "Commissioner" means the commissioner of public
safety.
(c) "District court
administrator" or "court administrator" means the district court
administrator or a deputy district court administrator of the district court
that has jurisdiction of a violation of this section.
(d) "Insurance identification card" means a card
issued by an obligor to an insured stating that security as required by section
65B.48 has been provided for the insured's vehicle.
(e) "Law enforcement agency" means the law
enforcement agency that employed the peace officer who demanded proof of
insurance under this section or section 169.792.
(f) "Peace officer" or "officer" means an
employee of a political subdivision or state law enforcement agency, including
the Minnesota state patrol, who is licensed by the Minnesota board of peace
officer standards and training and is authorized to make arrests for violations
of traffic laws.
(g) "Proof of insurance" means an insurance
identification card, written statement, or insurance policy as defined by
section 65B.14, subdivision 2.
(h) "Vehicle" means a motor vehicle as defined in
section 65B.43, subdivision 2, or a motorcycle as defined in section 65B.43,
subdivision 13.
(i) "Written statement" means a written statement by
a licensed insurance agent stating the name and address of the insured, the
vehicle identification number of the insured's vehicle, that a plan of
reparation security as required by section 65B.48 has been provided for the
insured's vehicle, and the dates of the coverage.
(j) The definitions in section 65B.43 apply to sections 169.792
to 169.799 169.798.
Sec. 18. Minnesota
Statutes 2002, section 169.796, is amended by adding a subdivision to read:
Subd. 3.
[SAMPLING TO VERIFY INSURANCE COVERAGE.] (a) The commissioner
of public safety may implement a monthly sampling program to verify
insurance coverage. The sample must
annually include at least two percent of all drivers who own motor vehicles,
as defined in section 168.011, licensed in the state, one-half of whom
during the previous year have been convicted of at least one vehicle
insurance law violation, have had a driver's license revoked or
suspended due to habitual violation of traffic laws, have had no
insurance in effect at the time of a reportable crash, or have been
convicted of an alcohol-related motor vehicle offense. No sample may be selected based on race,
religion, physical or mental disability, economic status, or geographic
location.
(b) The commissioner shall request each vehicle owner included
in the sample to furnish insurance coverage information to the
commissioner within 30 days. The
request must require the owner to state whether or not all motor
vehicles owned by that person were insured on the verification date
stated in the commissioner's request.
The request may require, but is not limited to, a signed
statement by the owner that the information is true and correct, the
names and addresses of insurers, policy numbers, and expiration or
renewal dates of insurance coverage.
(c) The commissioner shall conduct a verification of the
response by transmitting necessary information to the insurance companies
named in the owner's response.
(d) The insurance companies shall electronically notify the
commissioner, within 30 days of the commissioner's request, of any
false statements regarding coverage.
(e) The commissioner shall suspend, without preliminary hearing,
the driver's license, if any, of a vehicle owner who falsely claims
coverage, who indicates that coverage was not in effect at the time
specified in the request, or who fails to respond to the commissioner's
request to furnish proof of insurance.
The commissioner shall comply with the notice requirement of section
171.18, subdivision 2.
(f) Before reinstatement of the driver's license, there
must be filed with the commissioner of public safety the written certificate
of an insurance carrier authorized to do business in the state stating
that security has been provided as required by section 65B.48. The commissioner of public safety may
require the certificate of insurance provided to satisfy this subdivision
to be certified by the insurance carrier for a period not to exceed one
year. The commissioner of public safety
may also require a certificate of insurance to be filed with respect to
all vehicles required to be insured under section 65B.48 and owned by
any person whose driving privileges have been suspended as provided in
this section before reinstating the person's driver's license.
Sec. 19. Minnesota
Statutes 2002, section 169.797, subdivision 4a, is amended to read:
Subd. 4a. [REGISTRATION
REVOCATION AND LICENSE SUSPENSION.] The commissioner of public safety shall
revoke the registration of any vehicle and may shall suspend the
driver's license of any operator, without preliminary hearing upon a showing by
department records, including accident reports required to be submitted by
section 169.09, or other sufficient evidence that security required by section
65B.48 has not been provided and maintained.
Before reinstatement of the registration, there shall be filed with the
commissioner of public safety the written certificate of an insurance carrier
authorized to do business in the state stating that security has been provided
as required by section 65B.48. The
commissioner of public safety may require the certificate of insurance provided
to satisfy this subdivision to be certified by the insurance carrier to be
noncancelable for a period not to exceed one year. The commissioner of public safety may also require a certificate
of insurance to be filed with respect to all vehicles required to be insured
under section 65B.48 and owned by any person whose driving privileges have been
suspended or revoked as provided in this section before reinstating the
person's driver's license.
Sec. 20. Minnesota
Statutes 2002, section 169.798, subdivision 1, is amended to read:
Subdivision 1.
[AUTHORITY.] The commissioner of public safety shall have the power and
perform the duties imposed by this section and sections 65B.41 to 65B.71,
this section, and sections 169.797 and 169.799, and may adopt
rules to implement and provide effective administration of the provisions
requiring security and governing termination of security.
Sec. 21. Minnesota
Statutes 2002, section 169.798, is amended by adding a subdivision to read:
Subd. 4.
[ATTESTATION OF INSURANCE REQUIRED.] Every owner, when
applying for motor vehicle or motorcycle registration, reregistration,
or transfer of ownership, must attest that the motor vehicle or
motorcycle is covered by an insurance policy.
Sec. 22. Minnesota
Statutes 2002, section 171.20, subdivision 4, is amended to read:
Subd. 4. [REINSTATEMENT
FEE.] (a) Before the license is reinstated, (1) a person whose driver's
license has been suspended under section
171.16, subdivision 2; 171.18, except subdivision 1, clause (10); or 171.182,
or who has been disqualified from holding a commercial driver's license
under section 171.165, and (2) a person whose driver's license has been
suspended under section 171.186 and who is not exempt from such a fee, must pay
a fee of $20.
(b) Before the license is reinstated, a person whose license
has been suspended or revoked under sections 169.791 to 169.798 must pay
a $30 reinstatement fee.
(c) When fees are collected by a licensing agent
appointed under section 171.061, a handling charge is imposed in the amount
specified under section 171.061, subdivision 4. The reinstatement fee and surcharge must be deposited in an
approved state depository as directed under section 171.061, subdivision 4.
(d) A suspension may be rescinded without fee for good
cause.
Sec. 23. Minnesota
Statutes 2002, section 171.29, subdivision 2, is amended to read:
Subd. 2. [REINSTATEMENT
FEES AND SURCHARGES, ALLOCATION.] (a) A person whose driver's license has been
revoked as provided in subdivision 1, except under section 169A.52, 169A.54, or
609.21, shall pay a $30 fee before the driver's license is reinstated.
(b) A person whose driver's license has been revoked as
provided in subdivision 1 under section 169A.52, 169A.54, or 609.21, shall pay
a $250 $300 fee plus a $40 surcharge before the driver's license
is reinstated. Beginning July 1, 2002,
the surcharge is $145. Beginning July
1, 2003, the surcharge is $380. The $250
$300 fee is to be credited as follows:
(1) Twenty percent must be credited to the trunk highway fund.
(2) Sixty-seven Fifty-six percent must be
credited to the general fund.
(3) Eight percent must be credited to a separate account to be
known as the bureau of criminal apprehension account. Money in this account may be appropriated to the commissioner of
public safety and the appropriated amount must be apportioned 80 percent for
laboratory costs and 20 percent for carrying out the provisions of section
299C.065.
(4) Five Sixteen percent must be credited to a
separate account to be known as the traumatic brain injury and spinal cord
injury account. The money in the account
is annually appropriated to the commissioner of health to be used as
follows: 35 83 percent
for a contract with a qualified community-based organization to provide
information, resources, and support to assist persons with traumatic brain
injury and their families to access services, and 65 17 percent
to maintain the traumatic brain injury and spinal cord injury registry created
in section 144.662. For the purposes of
this clause, a "qualified community-based organization" is a private,
not-for-profit organization of consumers of traumatic brain injury services and
their family members. The organization
must be registered with the United States Internal Revenue Service under
section 501(c)(3) as a tax-exempt organization and must have as its purposes:
(i) the promotion of public, family, survivor, and professional
awareness of the incidence and consequences of traumatic brain injury;
(ii) the provision of a network of support for persons with
traumatic brain injury, their families, and friends;
(iii) the development and support of programs and services to
prevent traumatic brain injury;
(iv) the establishment of education programs for persons with
traumatic brain injury; and
(v) the empowerment of persons with traumatic brain injury through
participation in its governance.
No patient's name,
identifying information, or identifiable medical data will be disclosed to the
organization without the informed voluntary written consent of the patient
or patient's guardian or, if the patient is a minor, of the parent or guardian
of the patient.
(c) The surcharge must be credited to a separate account to be
known as the remote electronic alcohol-monitoring program account. The commissioner shall transfer the balance
of this account to the commissioner of finance on a monthly basis for deposit
in the general fund.
(d) When these fees are collected by a licensing agent,
appointed under section 171.061, a handling charge is imposed in the amount
specified under section 171.061, subdivision 4. The reinstatement fees and surcharge must be deposited in an
approved state depository as directed under section 171.061, subdivision 4.
Sec. 24. Minnesota
Statutes 2002, section 174.55, subdivision 2, is amended to read:
Subd. 2. [COMPOSITION.]
The major transportation projects commission is composed of the governor or the
governor's designee; four citizen members appointed by the governor and serving
at the pleasure of the governor; seven senators appointed by the subcommittee
on committees of the committee on rules and administration, three of whom must
not be members of the senate majority party; and seven members of the house of
representatives appointed by the speaker, three of whom must not be members of
the house majority party. The commissioner
of transportation shall serve as a nonvoting member unless the commissioner is
the governor's designee. The commission
shall elect a chair from among its members.
Nongovernment members of the commission shall receive compensation in
accordance with section 15.059, subdivision 3.
The commission expires June 30, 2004.
Sec. 25. Minnesota
Statutes 2002, section 179A.03, subdivision 7, is amended to read:
Subd. 7. [ESSENTIAL
EMPLOYEE.] "Essential employee" means firefighters, peace officers
subject to licensure under sections 626.84 to 626.863, 911 system and police
and fire department public safety dispatchers, guards at correctional
facilities, confidential employees, supervisory employees, assistant county
attorneys, assistant city attorneys, principals, and assistant principals. However, for state employees,
"essential employee" means all employees in law enforcement, public
safety radio communications operators, health care professionals,
correctional guards, professional engineering, and supervisory collective
bargaining units, irrespective of severance, and no other employees. For University of Minnesota employees,
"essential employee" means all employees in law enforcement, nursing
professional and supervisory units, irrespective of severance, and no other
employees. "Firefighters"
means salaried employees of a fire department whose duties include, directly or
indirectly, controlling, extinguishing, preventing, detecting, or investigating
fires. Employees for whom the state
court administrator is the negotiating employer are not essential employees.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 26. Minnesota
Statutes 2002, section 179A.10, subdivision 2, is amended to read:
Subd. 2. [STATE
EMPLOYEES.] Unclassified employees, unless otherwise excluded, are included
within the units which include the classifications to which they are assigned
for purposes of compensation.
Supervisory employees shall only be assigned to units 12 and 16. The following are the appropriate units of
executive branch state employees:
(1) law enforcement unit;
(2) craft, maintenance, and labor unit;
(3) service unit;
(4) health care nonprofessional unit;
(5) health care professional unit;
(6) clerical and office unit;
(7) technical unit;
(8) correctional guards unit;
(9) state university instructional unit;
(10) state college instructional unit;
(11) state university administrative unit;
(12) professional engineering unit;
(13) health treatment unit;
(14) general professional unit;
(15) professional state residential instructional unit; and
(16) supervisory employees unit; and
(17) public safety radio communications operator unit.
Each unit consists of the classifications or positions assigned
to it in the schedule of state employee job classification and positions
maintained by the commissioner. The commissioner may only make changes in the
schedule in existence on the day prior to August 1, 1984, as required by law or
as provided in subdivision 4.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 27. Minnesota
Statutes 2002, section 297B.09, subdivision 1, is amended to read:
Subdivision 1. [DEPOSIT
OF REVENUES.] (a) Money collected and received under this chapter must be
deposited as provided in this subdivision.
(b) From July 1, 2001, to June 30, 2002, 30.86 percent of
the money collected and received must be deposited in the highway user tax
distribution fund, and the remaining money must be deposited in the general
fund.
(c) On and after July 1, 2002, 32 percent of the money
collected and received must be deposited in the highway user tax distribution
fund, 20.5 percent must be deposited in the metropolitan area transit fund
under section 16A.88, and 1.25 percent must be deposited in the greater
Minnesota transit fund under section 16A.88.
In fiscal year 2004 and thereafter, two percent of the money
collected and received must be deposited in the metropolitan area transit
appropriation account under section 16A.88. Of the money collected and received, $125,583,000 in
each of fiscal years 2004 and 2005, and 20.5 percent thereafter, must be
deposited in the metropolitan area transit fund under section 16A.88. The remaining money must be deposited in the
general fund.
Sec. 28. Minnesota
Statutes 2002, section 299A.465, subdivision 4, is amended to read:
Subd. 4. [PUBLIC
EMPLOYER REIMBURSEMENT.] A public employer subject to this section may annually
apply by August 1 for the preceding fiscal year to the
commissioner of public safety for reimbursement to help defray a portion
of its costs of complying with this section.
The commissioner shall provide reimbursement an equal pro rata
share to the public employer out of the public safety officer's benefit
account based on the availability of funds for each eligible officer,
firefighter, and qualifying dependents.
Individual shares must not exceed the actual costs of providing
coverage under this section by a public employer.
Sec. 29. [299A.80]
[ADMINISTRATIVE POWERS AND PENALTIES; GENERAL.]
Subdivision 1.
[DEFINITIONS.] (a) For purposes of sections 299A.80 to
299A.802, the terms defined in this subdivision have the meanings given
them.
(b) "Administrative agent" means a person or
entity licensed by or granted authority by the commissioner of public
safety under:
(1) section 168.33 as a deputy registrar;
(2) section 168C.11 as a deputy registrar of bicycles; or
(3) section 171.061 as a driver's license agent.
(c) "Other authority" means licenses, orders,
stipulation agreements, settlements, or compliance agreements adopted or
issued by the commissioner of public safety.
(d) "Commissioner" means the commissioner of
public safety.
(e) "License" means a license, permit,
registration, appointment, or certificate issued or granted to an administrative
agent by the commissioner of public safety.
Subd. 2.
[APPLICABILITY.] Sections 299A.80 to 299A.802 apply to
administrative agents licensed by or subject to other authority of the
commissioner.
Subd. 3.
[CUMULATIVE REMEDY.] The authority of the commissioner to
issue a corrective order or assess an administrative penalty under
sections 299A.80 to 299A.802 is in addition to other remedies available
under statutory or common law, except that the state may not seek a
civil penalty under any other law for a violation covered by an
administrative penalty order.
The payment of a penalty does not preclude the use of other
enforcement provisions, under which civil fines are not assessed, in connection
with the violation for which the penalty was assessed.
Subd. 4. [ACCESS
TO INFORMATION AND PROPERTY.] The commissioner, an employee, or an
agent authorized by the commissioner, upon presentation of credentials,
may:
(1) examine and copy any books, papers, records, memoranda,
or data of an administrative agent; and
(2) enter upon any property where an administrative agent
conducts its place of business to take actions authorized under statute,
rule, or other authority, including (i) obtaining information from an
administrative agent who has a duty to provide information under
statute, rule, or other authority, (ii) taking steps to remedy
violations, or (iii) conducting surveys or investigations.
Subd. 5. [FALSE
INFORMATION.] (a) An administrative agent may not:
(1) make a false material statement, representation, or certification
in a required document;
(2) omit material information from a required document; or
(3) alter, conceal, or fail to file or maintain a required
document.
(b) In this section, "required document" means a
notice, application, record, report, plan, or other document required
under statute, rule, or other authority.
Subd. 6.
[ENFORCEMENT.] (a) The attorney general may proceed on behalf
of the state to enforce administrative penalties that are due and
payable under section 299A.802 in any manner provided by law for the
collection of debts.
(b) The attorney general may petition the district court to
file a final administrative penalty order as an order of the court. At any court hearing to enforce a final
administrative penalty order, the only issues the parties may contest
are procedural and notice issues.
Once entered, the administrative penalty order may be enforced in
the same manner as a final judgment of the district court. This paragraph does not preclude
district court review of the merits of an administrative penalty order
if the order is appealed by the administrative agent under section
299A.802, subdivision 5.
(c) If an administrative agent
fails to pay an administrative penalty, the attorney general may bring a
civil action in district court seeking payment of the penalty, injunctive
relief, or other appropriate relief including monetary damages, attorney
fees, costs, and interest.
Subd. 7.
[RECOVERY OF REASONABLE COSTS AND ATTORNEY FEES.] (a) In any judicial
action brought by the attorney general for civil penalties, injunctive
relief, or an action to compel performance pursuant to this section, if
the state finally prevails, and if the proven violation was willful, the
state, in addition to other penalties provided by law, may be allowed
an amount determined by the court to be the reasonable value of all or
part of the costs and attorney fees incurred by the state or the
prevailing party. In determining the
amount of the reasonable costs and attorney fees to be allowed, the
court must give consideration to the economic circumstances of the defendant.
(b) However, if a defendant prevails, the court may award
the reasonable value of all or part of the reasonable costs and attorney
fees incurred by the defendant.
Subd. 8.
[EDUCATION AND COMPLIANCE ACCOUNT; MONEY ALLOCATED.] An education and
compliance account is created for the deposit of administrative penalty
order receipts. Of the funds
deposited in this account, the commissioner is authorized to expend up
to $5,000 per fiscal year for education and compliance activities
related to the regulated parties affected by this chapter. At the end of each biennium, all money not
expended lapses to the general fund.
Subd. 9. [PLAN
FOR USING ADMINISTRATIVE PENALTIES AND CEASE AND DESIST AUTHORITY.] The
commissioner shall prepare a plan for using the administrative penalty
order and cease and desist authority in this section. The commissioner shall provide a
30-day period for public comment on the plan.
The plan must be finalized by July 1, 2004, and may be modified
as necessary upon subsequent notice and opportunity for comment.
Sec. 30. [299A.801]
[CORRECTIVE ORDERS AND INJUNCTIONS.]
Subdivision 1.
[CORRECTIVE ORDERS.] (a) Before seeking an administrative
penalty order under section 299A.802, the commissioner must issue a
corrective order that requires the administrative agent to correct the
violation of statute, rule, or other authority. The corrective order must state the deficiencies
that constitute the violation of the specific statute, rule, or other
authority, and the time by which the violation must be corrected. In addition to service by certified
mail on the administrative agent, a copy of the corrective order must be
given to the county auditor in the county where the administrative agent
is located.
(b) The administrative agent to whom the corrective order
was issued shall provide information to the commissioner, by the due
date stated in the corrective order, demonstrating that the violation
has been corrected or that the administrative agent has developed a
corrective plan acceptable to the commissioner. The commissioner must
determine whether the violation has been corrected and notify the
administrative agent subject to the order of the commissioner's
determination.
(c) If the administrative agent believes that the information
contained in the commissioner's corrective order is in error, the
administrative agent may ask the commissioner to reconsider the parts of
the corrective order that are alleged to be in error. The request must:
(1) be in writing;
(2) be delivered to the commissioner by certified mail within
seven calendar days after receipt of the corrective order;
(3) specify which parts of the corrective order are alleged
to be in error and explain why they are in error; and
(4) provide documentation to support the allegation of error.
(d) The commissioner shall respond
to requests made under paragraph (c) within 15 calendar days after
receiving a request. A request
for reconsideration does not stay the corrective order; however, after
reviewing the request for reconsideration, the commissioner may provide
additional time to comply with the order if necessary. The commissioner's disposition of a
request for reconsideration of a corrective order is final.
Subd. 2. [CEASE
AND DESIST ORDER.] The commissioner, or an employee of the department
designated by the commissioner, may issue an order to cease an activity
otherwise authorized by statute, rule, or other authority if
continuation of the activity would result in an immediate risk to public
safety. A cease and desist order
issued under this subdivision is effective for a maximum of 72
hours. In conjunction with issuing
the cease and desist order, the commissioner may post a sign to cease an
activity until the cease and desist order is lifted and the sign is
removed by the commissioner. To
restrain activities for a period beyond 72 hours, the commissioner must
seek an injunction or take other administrative action authorized by
law. The issuance of a cease and desist
order does not preclude the commissioner from pursuing any other enforcement
action available to the commissioner.
Subd. 3. [ACTION
FOR INJUNCTIVE RELIEF.] In addition to any other remedy provided by
law, the commissioner may bring an action for injunctive relief in the
district court in Ramsey county or, at the commissioner's discretion, in
the district court in the county in which a violation of a statute,
rule, or other authority has occurred to enjoin the violation.
Sec. 31. [299A.802]
[ADMINISTRATIVE PENALTY ORDERS.]
Subdivision 1.
[GENERAL.] The commissioner may issue an administrative
penalty order for a violation of statute, rule, or other authority if an
administrative agent has failed to comply with a corrective order issued
under section 299A.801 related to that violation. The maximum amount of an administrative
penalty order is $10,000 for each administrative agent for all
violations identified in an inspection or review of compliance. In addition to service by certified mail on
the administrative agent, a copy of the administrative penalty order
must be given to the county auditor in the county where the administrative
agent is located.
Subd. 2. [AMOUNT
OF PENALTY; CONSIDERATIONS.] (a) In determining the amount of a
penalty to be assessed under this section, the commissioner may
consider:
(1) the willfulness of the violation;
(2) the gravity of the violation, including damage to consumers
or the state;
(3) the history of past violations;
(4) the number of violations;
(5) the economic benefit gained by the administrative agent
by allowing or committing the violation; and
(6) other factors as justice may require, if the commissioner
specifically identifies the additional factors in the commissioner's
order.
(b) If an administrative agent violates a corrective order
after a violation of a previous corrective order, the commissioner,
in determining the amount of a penalty, must consider the factors in
paragraph (a) and the following factors:
(1) similarity of the most recent previous violation of a
corrective order and the violation to be penalized;
(2) time elapsed since the last violation of a corrective
order;
(3) number of previous violations;
and
(4) response of the administrative agent to the most recent
previous violation identified.
Subd. 3.
[CONTENTS OF ORDER.] An administrative penalty order under
this section must include:
(1) a concise statement of the facts alleged to constitute
a violation;
(2) a reference to the portion of the statute, rule, variance,
order, or stipulation agreement or the term or condition of a permit
that has been violated;
(3) a description of the violation of the corrective order
that forms the basis for issuance of the administrative penalty order;
(4) a statement of the amount of the administrative penalty
to be imposed and the factors upon which the penalty is based; and
(5) a statement of the administrative agent's right to review
and appeal of the administrative penalty order.
Subd. 4. [DUE
DATE.] (a) Unless the administrative agent requests review of the
administrative penalty order under subdivision 5 before the penalty is
due, the penalty in the order is due and payable on the 31st day after
the administrative penalty order was received, if the administrative
agent subject to the order fails to provide information to the commissioner
showing that the violation has been corrected or that appropriate steps
have been taken toward correcting the violation. These requirements may be waived or extended
by the commissioner.
(b) Interest at the rate established in section 549.09 begins
to accrue on penalties under this subdivision on the 31st day after the
order with the penalty was received, unless waived by the commissioner.
Subd. 5.
[EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30 days after
receiving an administrative penalty order, the administrative agent
subject to an order under this section may request an expedited hearing,
using the procedures of Minnesota Rules, parts 1400.8510 to 1400.8612,
or their successor rules, to review the commissioner's action. The hearing request must specifically
state the reasons for seeking review of the administrative penalty
order. The administrative agent to whom
the administrative penalty order is directed and the commissioner are
the parties to the expedited hearing.
At least 15 days before the hearing, the commissioner shall
notify the administrative agent to whom the administrative penalty order
is directed of the time and place of the hearing. The expedited hearing must be held
within 30 days after a request for hearing has been filed with the
commissioner unless the parties agree to a later date.
(b) All written arguments must be submitted within ten days
following the close of the hearing.
The hearing must be conducted under Minnesota Rules, parts
1400.8510 to 1400.8612, or their successor rules, as modified by this
subdivision. The office of
administrative hearings, in consultation with the agency, may adopt
rules specifically applicable to cases under this section.
(c) Within 30 days following the close of the record, the
administrative law judge shall issue a report making recommendations
about the commissioner's action to the commissioner. The administrative law judge may not
recommend a change in the amount of the proposed administrative penalty
unless the administrative law judge determines that, based on the
factors in subdivision 1, the amount of the administrative penalty is
unreasonable.
(d) If the administrative law judge makes a finding that
the hearing was requested solely for purposes of delay or that the
hearing request was frivolous, the commissioner may add to the amount of
the administrative penalty the costs charged to the agency by the office
of administrative hearings for the hearing.
(e) If a hearing has been held, the
commissioner may not issue a final order until at least five days after
receipt of the report of the administrative law judge. Within those five days, the
administrative agent to whom an administrative penalty order is issued
may comment to the commissioner on the recommendations and the
commissioner shall consider the comments. The final administrative penalty order may be appealed to
the district court for a de novo review of the order.
(f) If a hearing has been held and a final administrative
penalty order issued by the commissioner, the administrative penalty
must be paid by 30 days after the date the final order is received
unless it is appealed to the district court.
If an appeal is not taken or the administrative penalty order is
upheld on appeal, the amount due is the administrative penalty, together
with interest accruing from 31 days after the original order was
received, at the rate established in section 549.09.
Subd. 6.
[MEDIATION.] In addition to review under subdivision 5, the
commissioner may enter into mediation concerning an order issued under
this section if the commissioner and the administrative agent to whom
the order is issued both agree to mediation.
Sec. 32. Minnesota
Statutes 2002, section 299E.03, subdivision 3, is amended to read:
Subd. 3. [EXPIRATION
AND COMPENSATION.] Notwithstanding section 15.059, The oversight
committee does not expire expires June 30, 2004. Committee members may not receive
compensation for serving, but may receive expense reimbursements as provided in
section 15.059.
Sec. 33. [331A.12] [WEB
SITE PUBLICATION OF LOCAL TRANSPORTATION RFP.]
Subdivision 1.
[DEFINITIONS.] (a) The terms defined in this subdivision and
section 331A.01 apply to this section.
(b) "Web site" means a specific, addressable
location provided on a server connected to the Internet and hosting
World Wide Web pages and other files that are generally accessible on
the Internet all or most of the day.
Subd. 2.
[DESIGNATION.] At the meeting of the governing body of the
local public corporation at which the governing body must designate its
official newspaper for the year, the governing body may designate in the
same manner publication of transportation projects on the local public
corporation's Web site.
Publication on the Web site may be used in place of or in addition
to any other required form of publication.
Each year after designating publication on the Web site for
transportation projects, the local public corporation must publish in a
qualified newspaper in the jurisdiction and on the Web site, notice
that the local public corporation will publish any advertisements for
bids on its Web site.
Subd. 3. [FORM,
TIME FOR PUBLICATION SAME.] A local public corporation that publishes
on its Web site under this section must post the information in
substantially the same format and for the same period of time as
required for publication in an official newspaper or another other print
publication.
Subd. 4. [RECORD
RETENTION.] A local public corporation that publishes notice on its
Web site under this section must ensure that a permanent record of
publication is maintained in a form accessible by the public.
Sec. 34. [373.29]
[EXEMPTION FROM PERMIT REQUIREMENTS.]
Notwithstanding any statute or rule that requires a county
to obtain a permit to reconstruct or maintain a highway, a county
that reconstructs or maintains a county or county state-aid highway
within the right-of-way of an existing county or county state-aid
highway is exempt from all permits.
This exemption does not relieve any county from any substantive
requirement imposed by law or rule other than a requirement to obtain
a permit.
Sec. 35. [414.038] [EFFECT OF ANNEXATION OF TOWNSHIP ROADS.]
Whenever a municipality annexes property abutting one side
of a township road, the segment of road abutting the annexed property
must be treated as a line road and is subject to section 164.14. Whenever a municipality annexes the property
on both sides of a township road, that portion of road abutting the annexed
property ceases to be a town road and becomes the obligation of the
annexing municipality. This section
does not prohibit the annexing municipality from contracting with the
township for continued maintenance of the road. Any portion of a township road that ceases to be a
township road pursuant to this section may still be counted as a
township road for the road-and-bridge account revenues for the year in
which the annexation occurs.
Sec. 36. [414.039]
[EFFECT OF ANNEXATION ON EASEMENTS.]
If a municipality annexes property in which the affected
township holds any easement for the benefit of the public, the township's
easement interest continues unless otherwise agreed to by the township.
Sec. 37. Minnesota
Statutes 2002, section 471.345, subdivision 14, is amended to read:
Subd. 14. [DAMAGE AWARDS.]
In any action brought challenging the validity of a municipal contract under
this section, the court shall not award, damages as any part of
its judgment, damages, or attorney's fees, but may award an unsuccessful
bidder the costs of preparing an unsuccessful bid. If the court finds that
the municipality has engaged in unlawful bidding practices and
invalidates the award of the bid, the court may award reasonable
attorney fees and costs to the protester. If the court finds that the municipality did not violate
the law, and the award is not invalidated, the court may award
reasonable attorney fees and costs to the municipality if the court
makes the further finding that the protest was filed without substantial
basis in fact or law.
Sec. 38. [473.92]
[DEFINITIONS.]
Subdivision 1.
[APPLICABILITY.] The terms in sections 473.92 to 473.94 have
the meanings given them in this section.
Subd. 2.
[CAPITAL IMPROVEMENT PROJECT.] "Capital improvement
project" means any of the following types of projects for which the
council has authority under law to acquire easements by eminent
domain: construction, expansion, or
improvement of public transit facilities, including exclusive transit
ways, park-and-ride facilities, passenger hubs, and vehicle maintenance
facilities.
Subd. 3. [FINAL
LAYOUT.] (a) "Final layout" means geometric layouts and
supplemental drawings that show the location, character, dimensions,
access, property or right-of-way limits, easements acquired, and
explanatory information about a capital improvement project.
(b) In the case of public transit facilities, final layout
includes any improvements to roadways, bridges, intersections, and
approaches that are an essential element of the project.
Subd. 4. [CITY.]
"City" means a home rule charter or statutory city within
the metropolitan area.
Subd. 5.
[GOVERNING BODY.] "Governing body" means the city council
of a city.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies in
the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
Sec. 39. [473.93]
[APPROVAL OF FINAL LAYOUT.]
Subdivision 1.
[SUBMISSION OF FINAL LAYOUT.] Before proceeding with the
construction of a capital improvement project lying within a city, the
council shall submit to its governing body a final layout of the
project. The final layout must
be submitted as part of a report containing any supporting data that the
council deems helpful to the governing body in reviewing the final
layout submitted. The supporting data
must include a detailed description of all easements that the council
determines will be or may be taken by eminent domain.
Subd. 2.
[GOVERNING BODY ACTION.] (a) Within 15 days of receiving a
final layout from the council, the governing body shall schedule a
public hearing on the final layout. The
governing body shall, within 60 days of receiving a final layout from
the council, conduct a public hearing at which the council shall present
the final layout for the project. The
governing body shall give at least 30 days' notice of the public
hearing.
(b) Within 90 days from the date of the public hearing, the
governing body shall approve or disapprove the final layout in writing,
as provided in clause (1), (2), or (3):
(1) if the governing body approves the final layout or does
not disapprove the final layout in writing within 90 days, in which
case the final layout is deemed to be approved, the council may continue
the project development;
(2) if the final construction plans for a project contain
significant changes in acquisition of easements from the final layout
approved by the governing body, the council shall resubmit the portion
of the final construction plans where changes were made to the governing
body. The governing body must
approve or disapprove the changes, in writing, within 60 days from the
date the council submits them;
(3) if the governing body disapproves the final layout, the
council may make modifications requested by the municipality, decide
not to proceed with the project, or refer the final layout to an appeal
board.
(c) The appeal board shall consist of one member appointed
by the chair of the council, one member appointed by the governing
body, and a third member agreed upon by both the council chair and the
governing body. If the council chair
and the governing body cannot agree upon the third member, the chief
justice of the supreme court shall appoint a third member within 14
days of the request of the council to appoint the third member.
Subd. 3. [APPEAL
BOARD.] Within 30 days after referral of the final layout, the appeal
board shall hold a hearing at which the council and the governing body
may present the case for or against approval of the final layout
referred. Not later than 60 days
after the hearing, the appeal board shall recommend approval, approval
with modifications, or disapproval of the final layout, making
additional recommendations consistent with state and federal
requirements as it considers appropriate.
It shall submit a written report containing its findings and recommendations
to the council and the governing body.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies in
the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
Sec. 40. [473.94]
[COUNCIL ACTION.]
Subdivision 1.
[ACTION ON APPROVED FINAL LAYOUT.] If the appeal board
recommends approval of the final layout or does not submit its findings
or recommendations within 60 days of the hearing, in which case the
final layout is deemed approved, the council may prepare substantially
similar final construction plans and proceed with the project. If the final construction plans
contain significant changes in the acquisition of easements from the
final layout approved by the appeal board, the council shall submit the
portion of the final construction plan that shows the changes to the
governing body for its approval or disapproval under section 473.93,
subdivision 2.
Subd. 2.
[ACTION ON FINAL LAYOUT APPROVED WITH CHANGES.] (a) If the appeal
board approves the final layout with modifications, the council may:
(1) prepare final construction plans including the modifications,
notify the governing body, and proceed with the project;
(2) decide not to proceed with the project; or
(3) prepare a new final layout and resubmit it to the governing
body for approval or disapproval under section 473.93, subdivision 2.
(b) If the final construction plans contain significant changes
in acquisition of easements from the final layout approved by the appeal
board or the governing body, the council shall resubmit the portion of
the final construction plans that shows the changes to the governing
body for its approval or disapproval under section 473.93,
subdivision 2.
Subd. 3. [ACTION
ON DISAPPROVED FINAL LAYOUT.] If the appeal board disapproves the
final layout, the council may:
(1) decide not to proceed with the project; or
(2) prepare a new final layout and submit it to the governing
body for approval or disapproval under section 473.93, subdivision 2.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies in
the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
Sec. 41. Laws 1999,
chapter 238, article 1, section 2, subdivision 2, is amended to read:
Subd. 2. Aeronautics
19,327,000 19,410,000
Summary by Fund
Airports 19,266,000 19,349,000
General 50,000 50,000
Trunk Highway 11,000 11,000
Except as otherwise
provided, the appropriations in this subdivision are from the state airports
fund.
The amounts that may be
spent from this appropriation for each activity are as follows:
(a) Airport Development and
Assistance
2000
2001
13,948,000 13,948,000
$12,846,000 the first year and
$12,846,000 the second year are for navigational aids, construction grants, and
maintenance grants. If the
appropriation for either year is insufficient, the appropriation for the other
year is available for it.
These appropriations must be spent in
accordance with Minnesota Statutes, section 360.305, subdivision 4.
Notwithstanding Minnesota
Statutes, section
16A.28, subdivision 6, funds are available for five years after appropriation.
(b) Aviation Support
5,247,000
5,329,000
$65,000 the first year and $65,000 the second
year are for the civil air patrol.
(c) Air Transportation
Services
132,000
133,000
Summary by Fund
Airports 71,000 72,000
General 50,000 50,000
Trunk Highway 11,000 11,000
Sec. 42. Laws 2001,
First Special Session chapter 8, article 1, section 2, subdivision 2, is
amended to read:
Subd. 2. Aeronautics
20,748,000 20,489,000
Summary by Fund
Airports 20,687,000 20,428,000
General 50,000 50,000
Trunk Highway 11,000 11,000
Except as otherwise provided, the
appropriations in this subdivision are from the state airports fund.
The amounts that may be spent from this
appropriation for each activity are as follows:
(a) Airport Development and
Assistance
14,298,000 14,298,000
These appropriations must be spent according
to Minnesota Statutes, section 360.305, subdivision 4.
If the appropriation for either
year is insufficient, the appropriation for the other year is available for it.
Notwithstanding Minnesota
Statutes, section
16A.28, subdivision 6, funds are available for five years after appropriation.
(b) Aviation Support
6,315,000 6,053,000
$65,000 the first year and
$65,000 the second year are for the civil air patrol.
$600,000 each year is for
GPS navigation systems. Of this amount,
$250,000 each year adds to the agency's budget base.
$400,000 the first year and
$50,000 the second year are for the development of on-line aircraft
registration capabilities.
(c) Air Transportation
Services
135,000 138,000
Summary by Fund
Airports 74,000 77,000
General 50,000 50,000
Trunk Highway 11,000 11,000
The commissioner shall take
all feasible actions to seek a waiver from the appropriate federal authorities
that would allow the commissioner to sell the airplane described in Laws 1997,
chapter 159, article 1, section 2, subdivision 2, clause (c). Any proceeds from the sale of the airplane
must be deposited in the general fund.
Sec. 43. [TRANSFER FROM
LOAN FUND.]
The commissioner of finance shall transfer to the general
fund $8,200,000 of the money appropriated to the transportation revolving
loan fund under Laws 2000, chapter 479, article 1, section 6,
subdivision 2. This transfer must be
made at the rate of $4,100,000 each year of the 2004-2005 biennium.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 44. [FEDERAL FUNDS
ALLOCATION.]
The transportation advisory board of the metropolitan council
must allocate federal congestion mitigation and air quality funds each
year so that at least one-half of those funds are allocated to highway
projects.
Sec. 45. [STUDY.]
The commissioner of transportation shall convene a panel
consisting of highway users, motor carriers, current suppliers of
goods and services to or for highway rest areas, and other persons
directly affected by the department of transportation's highway rest
area program. The panel shall consider:
(1) financing and partnership opportunities at highway rest
areas;
(2) impact of changes in rest area operations on the blind
and on low-income senior citizens; and
(3) impact of those changes on the safety of the traveling
public and on motor carriers. The
panel shall also evaluate the impact of these changes on the supply of
parking for commercial vehicles and make recommendations on ways to
preserve needed spaces and meet further demand.
By January 15, 2004, the commissioner shall report to the
legislative committees having jurisdiction over transportation policy
and finance on the findings and recommendations of the panel.
Sec. 46. [REPORT.]
The commissioner shall, to the maximum feasible extent, enter
into lease agreements under section 160.28, subdivision 3. By January 15, 2005, the commissioner shall
report to the legislative committees having jurisdiction over
transportation policy and finance on existing lease agreements, revenues
collected and projected, and the impact of the lease agreements and
revenues on the highway rest area program.
Sec. 47. [RESTORATION
OF STATE AIRPORTS FUND CASH BALANCE.]
Any money transferred from the state airports fund to the
general fund during the fiscal year ending June 30, 2003, must be
restored to the state airports fund by law effective July 1, 2007.
Sec. 48. [TRANSITION.]
Subdivision 1.
[ASSIGNMENT OF JOB CLASSIFICATION TO UNIT.] The commissioner of the
bureau of mediation services shall assign the job classifications and
positions of employees working as public safety radio communications
operators to state employee bargaining unit 17.
Subd. 2. [TERMS
AND CONDITIONS OF EMPLOYMENT.] The terms and conditions of the
collective bargaining agreement, memoranda of understanding, or other
salary and benefit provisions covering public safety radio
communications operators immediately before the effective date of this
section remain in effect until a successor agreement between the
commissioner of employee relations and the exclusive representative of
bargaining unit 17 becomes effective, subject to Minnesota Statutes,
section 179A.20, subdivision 6.
Subd. 3.
[EXCLUSIVE REPRESENTATIVE.] The employee organization that is
the exclusive representative of employees assigned to bargaining unit 17
on the day before the effective date of this section must be certified
by the commissioner of the bureau of mediation services as the exclusive
representative of newly created bargaining unit 17, subject to future
changes as provided in Minnesota Statutes, section 179A.12. For employees assigned to bargaining
unit 17, the exclusive representative retains all rights and obligations
under the contract governing these employees immediately before the effective
date of this section, so long as that contract continues to apply to
those employees.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 49. [BUS RAPID TRANSIT STUDY.]
Subdivision 1.
[STUDY REQUIRED.] The department of transportation shall
conduct a study on the feasibility of implementing a bus rapid transit
(BRT) system in the I-35W corridor from downtown Minneapolis through
south Minneapolis and the cities of Richfield, Bloomington, Burnsville,
and Lakeville. Bus rapid transit
systems are those systems that provide for significantly faster
operating bus speeds, integrated service, greater service reliability,
and increased convenience through investments in bus infrastructure,
equipment, technology, and operational improvements.
Subd. 2. [STUDY
REQUIREMENTS.] The study must, at a minimum, include an analysis of
the benefits and costs of implementing a bus rapid transit system that
includes the following:
(1) frequent operation of buses on exclusive or near-exclusive
right-of-way on marked interstate highway 35W;
(2) changes in bus or platform design and fare collection
that provide for faster convenient boarding;
(3) station locations that are adjacent to, or easily accessible
from, the exclusive right-of-way;
(4) traffic management improvements and traffic signal preemption
on local streets within the I-35W corridor; and
(5) changes to existing transit services to provide for timely
connections and transfers.
Subd. 3. [STUDY
RECOMMENDATIONS.] The study must recommend:
(1) options for implementing bus rapid transit in the I-35W
corridor;
(2) the associated cost of each option; and
(3) the anticipated benefits in terms of reduced travel times,
increased ridership, increased mobility, and impacts on congestion
levels within the corridor.
The study must be submitted by December 10, 2004, to the
house of representatives and senate committees with jurisdiction over
transportation policy and finance.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 50. [TRANSIT
CENTER IN BROOKLYN CENTER.]
The metropolitan council must construct and maintain a transit
center in Brooklyn Center to service the area.
The center must include adequate bathroom facilities, must be
climate controlled, and must be off the street. The center must be located north of Bass Lake Road, east
of Shingle Creek Parkway, and west of marked trunk highway 100 and must
be completed and operational by June 1, 2004.
Sec. 51. [STUDY; USE OF
CENTERLINE RUMBLE STRIPS.]
The commissioner of transportation shall study the feasibility
and practicability of:
(1) including milled-in rumble strips on the centerline of
the highway in all projects for the construction, reconstruction, or
resurfacing of two-lane trunk highways; and
(2) requiring that all projects for
the construction, reconstruction, or resurfacing of two-lane county
state-aid highways include milled-in rumble strips on the centerline of
the highway.
Sec. 52. [SOUTHWEST
CORRIDOR RAIL TRANSIT; PROHIBITIONS.]
Subdivision 1.
[DEFINITION.] For purposes of this section, "southwest
transit way corridor" means the southwest transit way corridor
between Minneapolis and Eden Prairie as identified by the Hennepin
county regional rail authority in its southwest corridor rail transit
study.
Subd. 2.
[PROHIBITIONS.] Neither the commissioner of transportation,
the metropolitan council, nor the Hennepin county regional rail
authority may take any action or spend any money for preliminary
engineering, final design, or construction for light rail or commuter
rail transit in the southwest transit way corridor.
Sec. 53. [MUNICIPAL
CONSENT LAW AND CROSSTOWN HIGHWAY PROJECT.]
For purposes of obtaining municipal approval under Minnesota
Statutes, sections 161.162 to 161.167, the entire marked interstate
highway 35W/marked trunk highway 62 interchange improvement project is
deemed to be entirely within the interstate highway system. On marked interstate highway 35W, the
project limits are from 66th Street in the city of Richfield to 42nd
Street in the city of Minneapolis. On
marked trunk highway 62, the project limits are from the first interchange
west of the commons area at Penn Avenue to the first interchange east of
the commons section at Portland Avenue.
Sec. 54. [PLANTING
REQUIREMENTS; RESTRICTIONS.]
(a) No state agency or soil and water conservation district
may require the planting of native grass seeds or native wildflowers
as a condition for the issuance of a permit to any local governmental
unit.
(b) Paragraph (a) does not apply to grasses or flowers planted
within replacement wetland acres.
Sec. 55. [REPEALER.]
(a) Minnesota Statutes 2002, section 16A.88, subdivision 3,
is repealed.
(b) Minnesota Statutes 2002, section 169.794, is repealed.
(c) Minnesota Statutes 2002, section 169.799, is repealed.
(d) Minnesota Rules, part 7403.1300, is repealed.
(e) Minnesota Rules, part 7413.0400, is repealed.
(f) Minnesota Rules, part 7413.0500, is repealed.
Sec. 56. [EFFECTIVE
DATE.]
This article is effective the day following final enactment,
unless otherwise specified.
ARTICLE
3
TRUNK
HIGHWAY BONDING
Section 1. [HIGHWAY AND
TRANSIT APPROPRIATIONS.]
Subdivision 1.
[TRUNK HIGHWAY PROJECTS FINANCED BY STATE BONDS.] (a) $550,000,000 is
appropriated from the bond proceeds account in the trunk highway fund to
the commissioner of transportation for trunk highway improvements. This appropriation is for:
(1) trunk highway improvements within the seven-county metropolitan
area primarily for improving traffic flow and expanding highway capacity
by eliminating traffic bottlenecks and improving segments of at-risk
interregional corridors within the seven-county area; and
(2) trunk highway improvements on at-risk interregional corridors
located outside the seven-county metropolitan area.
These appropriations include
the cost of actual payment to landowners for lands acquired for highway
right-of-way, payment to lessees, interest subsidies, and relocation
expenses. Within each category
in clauses (1) and (2), the commissioner shall spend not less than
$25,000,000 on highway safety and capacity improvement projects
including but not limited to the addition of lanes on trunk highway
corridors with known safety problems.
(b) The commissioner of transportation may use up to $93,500,000
of this appropriation for program delivery.
(c) The commissioner shall use $50,000,000 of this appropriation
for accelerating transit capital improvements on trunk highways such as
shoulder bus lanes, bus park-and-ride facilities, and ramp meter-bypass
facilities.
Subd. 2.
[REPORT.] The commissioner shall report to the committees
having jurisdiction over transportation finance in the house of
representatives and senate, no later than January 15, 2004, on projects
selected to be funded by this appropriation. The report must include the geographic distribution of the
selected projects and their adherence to the criteria listed in
subdivision 1.
Subd. 3.
[PROHIBITION.] The commissioner shall not award a construction
contract with the proceeds from this section until 30 days after the
submission of the report required in subdivision 2.
Subd. 4. [BOND
SALE EXPENSES.] $550,000 is appropriated from the bond proceeds
account in the trunk highway fund to the commissioner of finance for
bond sale expenses under Minnesota Statutes, section 16A.641,
subdivision 8.
Subd. 5.
[ANTILAPSE.] Notwithstanding other law to the contrary, the
appropriations in this section do not cancel until February 1, 2013.
Sec. 2. [BOND SALE.]
To provide the money appropriated in section 1, subdivisions
1 and 4, from the bond proceeds account in the trunk highway fund, the
commissioner of finance shall sell and issue bonds of the state in an
amount up to $550,550,000 in the manner, on the terms, and with the
effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, and
by the Minnesota Constitution, article XIV, section 11, at the times
and in the amounts requested by the commissioner of transportation. The proceeds of the bonds, except accrued
interest and any premium received from the sale of the bonds, must be
deposited in the bond proceeds account in the trunk highway fund.
Sec. 3. [ADVANCE CONSTRUCTION.]
(a) Through June 30, 2009, the commissioner of transportation
may spend up to $550,000,000 on trunk highway improvements from funds approved
for expenditure by the Federal Highway Administration and designated as
advance construction funds.
(b) Any additional advance construction expenditures by the
commissioner approved by the Federal Highway Administration through
June 30, 2009, may be added to the amount in paragraph (a).
Sec. 4. [GREATER
MINNESOTA TRANSIT.]
The commissioner of transportation may spend up to $5,000,000
through June 30, 2008, in federal transit funds for capital assistance
to public transit systems under Minnesota Statutes, section 174.24. This amount is in addition to any appropriations
made by law for this purpose.
Sec. 5. [REPORT.]
The commissioner shall report by January 15 of each year of
the 2004-2005 biennium to the chairs of the legislative committees
with jurisdiction over transportation policy and finance on (1) how the
department is spending the appropriations in this article for trunk
highway improvements, and (2) the department's plans to implement trunk
highway improvements funded under this article with current department
staffing, and an analysis of the need for additional staffing and
consultant services.
Sec. 6. [EFFECTIVE
DATE.]
Sections 1 to 4 are effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to appropriations;
appropriating money for transportation and other purposes; authorizing issuance
of state bonds; modifying provisions relating to reverse auctions, wetland
replacement, land appraisal, archaeological or historic sites, high-occupancy
vehicle lanes, town line roads and easements, major transportation projects
commission, advertisements for bids, city transit capital improvement projects
in metropolitan area, bus rapid transit and other transit, local government permits,
and other transportation-related activities; providing for fees, accounts,
transfers, fund allocations, and expenditures; modifying provisions regulating
speed limits, vehicle insurance requirements, essential employee status, the
capitol complex security oversight committee, and other activities related to
public safety; authorizing administrative powers, penalties, and remedies for
public safety purposes; requiring studies and reports; making technical and
clarifying changes; amending Minnesota Statutes 2002, sections 13.44,
subdivision 3; 16C.10, subdivision 7; 103G.222, subdivisions 1, 3; 138.40,
subdivisions 2, 3; 160.28, by adding a subdivision; 161.08; 161.20, subdivision
3; 164.12; 168.12, subdivision 5; 168.54, subdivision 4; 168A.29, subdivision
1; 169.14, by adding a subdivision; 169.791, subdivision 1; 169.796, by adding
a subdivision; 169.797, subdivision 4a; 169.798, subdivision 1, by adding a
subdivision; 171.20, subdivision 4; 171.29, subdivision 2; 174.55, subdivision
2; 179A.03, subdivision 7; 179A.10, subdivision 2; 297B.09, subdivision 1;
299A.465, subdivision 4; 299E.03, subdivision 3; 471.345, subdivision 14; Laws
1999, chapter 238, article 1, section 2, subdivision 2; Laws 2001, First
Special Session chapter 8, article 1, section 2, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapters 117; 160; 299A; 331A; 373;
414; 473; repealing Minnesota Statutes 2002, sections 16A.88, subdivision 3;
169.794; 169.799; Minnesota Rules, parts 7403.1300; 7413.0400; 7413.0500."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Capital Investment.
The report was adopted.
Gunther from the Committee on Jobs and Economic Development
Finance to which was referred:
H. F. No. 748, A bill for an act relating to state government;
appropriating money for economic development, housing, and certain agencies of
state government; modifying programs; regulating activities and practices;
modifying penalty provisions; changing terms; authorizing a registration fee;
modifying displaced homemaker provisions; increasing the petroleum inspection
fee; amending Minnesota Statutes 2002, sections 79.56, subdivisions 1, 3;
124D.68, subdivision 2; 175.16, subdivision 1; 177.26, subdivisions 1, 2;
178.01; 178.03, subdivisions 1, 2; 181.9435, subdivision 1; 181.9436; 239.10,
subdivision 3; 239.101, subdivision 3; 256D.05, subdivision 1; 256J.49,
subdivision 13; 268.0111, subdivision 4; 268.665, subdivision 2; 354D.02,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 178;
repealing Minnesota Statutes 2002, sections 138.91; 177.26, subdivision 3;
178.11; 268.96.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE
1
APPROPRIATIONS
ECONOMIC
DEVELOPMENT
Section 1. [ECONOMIC
DEVELOPMENT; APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS"
are appropriated from the general fund, or another named fund, to the agencies
and for the purposes specified in this act, to be available for the fiscal
years indicated for each purpose. The
figures "2004" and "2005," where used in this act, mean
that the appropriation or appropriations listed under them are available for
the year ending June 30, 2004, or June 30, 2005, respectively. The term "first year" means the
fiscal year ending June 30, 2004, and the term "second year" means
the fiscal year ending June 30, 2005.
SUMMARY
BY FUND
2004
2005
TOTAL
General
$164,598,000 $157,178,000 $321,776,000
Petroleum Tank
Cleanup
1,834,000 1,084,000 2,918,000
Environmental
Fund
700,000 700,000 1,400,000
Workers' Compensation
21,905,000 21,600,000 43,505,000
Workforce Development Fund
7,720,000 7,720,000 15,440,000
TANF Block Grant
1,250,000 1,250,000 2,500,000
TOTAL
$198,007,000 $189,532,000 $387,539,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Sec. 2. TRADE AND
ECONOMIC DEVELOPMENT
Subdivision 1. Total
Appropriation
$68,823,000 $63,673,000
Summary by Fund
General 59,653,000 55,253,000
Petroleum Tank Cleanup 750,000
-0-
Environmental Fund 700,000 700,000
Workforce Development
Fund
7,720,000
7,720,000
The amounts that may be spent from this appropriation
for each program are specified in the following subdivisions.
Subd. 2. Business and
Community Development
12,489,000
7,734,000
Summary by Fund
General 11,039,000 7,034,000
Petroleum Tank Cleanup 750,000
-0-
Environmental Fund 700,000 700,000
$2,203,000 the first year and $2,203,000 the second
year are for Minnesota investment fund grants.
$150,000 the first year and $150,000 the second year
are for grants to the rural policy and development center at Minnesota State
University, Mankato. The grant shall be used for research and policy analysis
on emerging economic and social issues in rural Minnesota, to serve as a policy
resource center for rural Minnesota communities, to encourage collaboration
across higher education institutions to provide interdisciplinary team
approaches to research and problem solving in rural communities, and to
administer overall operations of the center.
The grant shall be provided upon the condition that
each state-appropriated dollar be matched with a nonstate-appropriated dollar.
Acceptable matching funds are nonstate-appropriated contributions that the
center has received and have not been used to match previous state grants. The funds not spent the first year are
available the second.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
$2,375,000 the first year is to the Minnesota
investment fund to make grants to local units of government for locally
administered grants or loan programs, including buyouts, for businesses
directly and adversely affected by flooding in the area included in
DR-1419. Criteria and requirements must
be locally established with the approval of the commissioner. For the purposes of this appropriation,
Minnesota Statutes, sections 116J.8731, subdivisions 3, 4, 5, and 7; 116J.993;
116J.994; and 116J.995, are waived.
Businesses that receive grants or loans from this appropriation must set
goals for jobs retained and wages paid within the area included in DR-1419.
This is a onetime appropriation and is
available until expended.
Notwithstanding Minnesota Statutes, section
115C.08, subdivision 4, $750,000 the first year is for grants to local units of
government in the area included in DR-1419 to safely rehabilitate buildings if
a portion of the rehabilitation costs is attributable to petroleum
contamination or to buy out property substantially damaged by a petroleum tank
release. This appropriation is not subject to the limitations of Minnesota
Statutes, section 115C.09, subdivision 3i.
This is a onetime appropriation from the
petroleum tank release cleanup fund and is available until expended.
$1,125,000 the first year to the public
facilities authority for grants to local units of government to assist with the
cost of rehabilitation and replacement of publicly owned infrastructure,
including storm sewers, wastewater and municipal utility service, drinking
water systems, and other infrastructure damaged by flooding in the area
included in DR-1419. This is a onetime
appropriation and is available until expended.
$500,000 the first year is for a grant to the
city of Roseau for engineering and design plans to relocate the flood damaged
city hall, auditorium, library, museum, and police department out of the Roseau
river floodway as a result of flooding as declared in DR-1419. This is a
onetime appropriation and is available until expended.
Subd. 3. Minnesota
Trade Office
2,187,000 2,187,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Subd. 4. Workforce Development
7,435,000 7,435,000
$7,435,000 the first year and $7,435,000 the
second year are for the job skills partnership and pathways programs. If the appropriation for either year is
insufficient, the appropriation for the other year is available. This appropriation does not cancel.
Subd. 5. Office of
Tourism
8,391,000 8,384,000
To develop maximum private sector involvement
in tourism, $3,500,000 the first year and $3,500,000 the second year of the
amounts appropriated for marketing activities are contingent on receipt of an
equal contribution from nonstate sources that have been certified by the
commissioner. Up to one-half of the
match may be given in in-kind contributions.
In order to maximize marketing grant
benefits, the commissioner must give priority for joint venture marketing
grants to organizations with year-round sustained tourism activities. For programs and projects submitted, the
commissioner must give priority to those that encompass two or more areas or
that attract nonresident travelers to the state.
If an appropriation for either year for
grants is not sufficient, the appropriation for the other year is available for
it.
The commissioner may use grant dollars or the
value of in-kind services to provide the state contribution for the partnership
program.
Any unexpended money from general fund
appropriations made under this subdivision does not cancel but must be placed
in a special advertising account for use by the office of tourism to purchase
additional media.
Of this amount, $50,000 the first year is for
a onetime grant to the Mississippi River parkway commission to support the
increased promotion of tourism along the Great River Road. This appropriation
is available until June 30, 2005.
Subd. 6. Administration
4,992,000 4,604,000
Subd. 7. Workforce
Services
7,123,000 7,123,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Summary by Fund
General 6,348,000 6,348,000
Workforce Development
Fund
775,000
775,000
$1,257,000 the first year and $1,257,000 the
second year are for the youth intervention programs under Minnesota Statutes,
section 268.30. The base funding in the fiscal year 2006-2007 biennium is
$1,446,000 each year.
Subd. 8. Rehabilitation
Services
21,758,000 21,758,000
Summary by Fund
General 14,813,000 14,813,000
Workforce Development
Fund
6,945,000
6,945,000
$1,325,000 the first year and $1,325,000 the
second year are for grants to fund the eight centers for independent
living. The base funding in the fiscal
year 2006-2007 biennium is $1,690,000 each year.
Subd. 9. State Services
for the Blind
4,448,000 4,448,000
Sec. 3. MINNESOTA
TECHNOLOGY, INC.
2,000,000
-0-
$2,000,000 the first year is for transfer
from the general fund to the Minnesota Technology, Inc. fund. This is a onetime appropriation and no base
funding is provided for any future year.
Sec. 4. HOUSING FINANCE
AGENCY
Subdivision 1. Total
Appropriation
35,360,000 34,860,000
Summary by Fund
General 34,735,000 34,235,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
TANF Block Grant 625,000 625,000
This appropriation is for transfer to the
housing development fund. Except as
otherwise indicated, this transfer is part of the agency's permanent budget
base.
Subd.
2. Roseau Flood Assistance
$500,000 the first year is for a onetime
grant for the city of Roseau to buy out flood damaged residential properties as
provided below. The agency is authorized
to provide assistance for the city of Roseau to acquire properties within the
area included in DR-1419 that meet the following criteria:
(1) the owner agrees to voluntarily sell the
property;
(2) the property to be acquired was the
principal residence of the owner prior to the flooding described in DR-1419;
and
(3) the cost of restoring the property to its
predamage condition would equal or exceed 50 percent of the market value of the
structure before the damage occurred, or the property has been declared
uninhabitable by a state or local official in accordance with current codes or
ordinances.
Property owners may receive assistance from
the city in amounts up to the preflood fair market value of their
property. The city must reduce the assistance
provided to a property owner by any duplication of benefits from other
sources. If the property owner is
selling the structure which served as the principal residence but not the real
property on which the structure is located, the assistance must be reduced by
the preflood fair market value of the real property. If the city sells the real property it has acquired with the
assistance provided under this subdivision, it will repay to the agency any
funds obtained from the sale of the real property.
Subd.
3. Affordable Rental Investment Fund
$9,273,000 the first year
and $9,273,000 the second year are for the affordable rental investment fund
program under Minnesota Statutes, section 462A.21, subdivision 8b. These amounts are to finance the acquisition,
rehabilitation, and debt restructuring of federally assisted rental property
and for making equity take-out loans under Minnesota Statutes, section 462A.05,
subdivision 39. The owner of the federally assisted rental property must agree to
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
participate in the applicable federally
assisted housing program and to extend any existing low-income affordability
restrictions on the housing for the maximum term permitted. The owner must also enter into an agreement
that gives local units of government, housing and redevelopment authorities,
and nonprofit housing organizations the right of first refusal if the rental
property is offered for sale. Priority
must be given among comparable properties to properties with the longest
remaining term under an agreement for federal rental assistance. Priority must also be given among comparable
rental housing developments to developments that are or will be owned by local
government units, a housing and redevelopment authority, or a nonprofit housing
organization.
Subd. 4. Family
Homeless Prevention
Summary by Fund
General 3,065,000 3,065,000
TANF Block Grant 625,000 625,000
$3,065,000 the first year and $3,065,000 the
second year are for family homeless prevention and assistance programs under
Minnesota Statutes, section 462A.204.
Any balance in the first year does not cancel but is available in the
second year. The general fund base
funding to this program for the 2006-2007 biennium is $3,565,000 each year.
$1,250,000 of the TANF block grant
appropriation to the pathways program in Laws 1999, chapter 223, article 1,
section 2, subdivision 2, is canceled. Of the amount canceled, $625,000 the
first year and $625,000 the second year are appropriated to the family homeless
prevention and assistance programs under Minnesota Statutes, section
462A.204. Any balance in the first year
does not cancel but is available in the second year. This is a onetime appropriation.
Sec. 5. COMMERCE
Subdivision 1. Total
Appropriation
26,088,000 25,761,000
Summary by Fund
General 24,169,000 23,842,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Petroleum Cleanup 1,084,000 1,084,000
Workers' Compensation 835,000
835,000
The amounts that may be spent from this
appropriation for each program are specified in the following subdivisions.
Subd. 2. Financial
Examinations
5,997,000 5,994,000
Subd. 3. Petroleum Tank
Release Cleanup Board
1,084,000 1,084,000
This appropriation is from the petroleum tank
release cleanup fund.
Subd. 4. Administrative
Services
5,518,000 5,518,000
Subd. 5. Market
Assurance
6,442,000 6,117,000
Summary by Fund
General 5,607,000 5,282,000
Workers' Compensation 835,000
835,000
Subd. 6. Energy and
Telecommunications
3,941,000 3,941,000
Subd. 7. Weights and
Measurement
3,106,000 3,107,000
Sec. 6. BOARD OF
ACCOUNTANCY
577,000 577,000
Sec. 7. BOARD
OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE,
GEOSCIENCE, AND INTERIOR DESIGN
881,000 881,000
Sec. 8. BOARD OF BARBER
EXAMINERS
172,000 172,000
Sec. 9. LABOR AND
INDUSTRY
Subdivision 1. Total
Appropriation
22,357,000 21,986,000
Summary by Fund
General 2,905,000 2,839,000
Workers'
Compensation
19,452,000
19,147,000
The amounts that may be spent from this
appropriation for each program are specified in the following subdivisions.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Subd. 2. Workers'
Compensation
10,221,000 10,221,000
This appropriation is from the workers' compensation
fund.
Subd. 3. Workplace
Services
6,544,000 6,478,000
$345,000 the first year and $345,000 the second year
is for boiler inspections under Minnesota Statutes, section 183.38,
subdivision 1. This is a onetime
appropriation and is not added to the department's base.
Summary by Fund
General 2,905,000 2,839,000
Workers'
Compensation
3,639,000
3,639,000
Subd. 4. General
Support
5,592,000 5,287,000
This appropriation is from the workers' compensation
fund.
Sec. 10. BUREAU OF
MEDIATION SERVICES
1,673,000 1,673,000
Sec. 11. WORKERS'
COMPENSATION COURT OF APPEALS 1,618,000
1,618,000
This appropriation is from the workers' compensation
fund.
Sec. 12. PUBLIC
UTILITIES COMMISSION
4,163,000 4,163,000
Sec. 13. MINNESOTA
HISTORICAL SOCIETY
Subdivision 1. Total
Appropriation
21,957,000 21,830,000
The amounts that may be spent from this
appropriation for each program are specified in the following subdivisions.
Budget reductions must first be made by reducing
administrative expenses. Reductions in services may be considered only after
available administrative savings have been realized.
Before closing any historic site, the society must
consult with, and must fully consider proposals from, interested community
groups or individuals who are willing to provide financial or in-kind support
in order to continue operation of the site.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Subd. 2. Education and
Outreach
12,124,000 12,124,000
Subd. 3. Preservation
and Access
9,579,000 9,579,000
Subd. 4. Fiscal Agent
254,000 127,000
(a) Minnesota International
Center
43,000
42,000
(b) Minnesota Air National
Guard Museum
16,000
-0-
(c) Minnesota Military
Museum
67,000
-0-
(d) Farmamerica
128,000
85,000
Notwithstanding any other law, this
appropriation may be used for operations.
(e) Balances Forward
Any unencumbered balance remaining in this
subdivision the first year does not cancel but is available for the second year
of the biennium.
Subd. 5. Fund Transfer
The society may reallocate funds appropriated
in and between subdivisions 2 and 3 for any program purposes.
Sec. 14. COUNCIL ON
BLACK MINNESOTANS
282,000 282,000
Sec. 15. COUNCIL ON
CHICANO-LATINO AFFAIRS
275,000 275,000
Sec. 16. COUNCIL ON
ASIAN-PACIFIC MINNESOTANS 243,000 243,000
Sec. 17. INDIAN AFFAIRS
COUNCIL
482,000 482,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Sec. 18. BOARD OF THE
ARTS
Subdivision 1. Total
Appropriation
8,593,000 8,593,000
Subd. 2. Operations and
Services
404,000 404,000
Subd. 3. Grants
Programs
5,767,000 5,767,000
Subd. 4. Regional Arts
Councils
2,422,000 2,422,000
Sec. 19. DEPARTMENT OF
EDUCATION
Subdivision 1. Total
Appropriation
2,463,000 2,463,000
Summary by Fund
General 1,838,000 1,838,000
TANF Block Grant 625,000 625,000
Subd. 2. Emergency
Services
350,000 350,000
Any balance in the first year does not cancel
but is available in the second year.
Subd. 3. Transitional Housing
2,113,000 2,113,000
Summary by Fund
General 1,488,000 1,488,000
TANF Block Grant 625,000 625,000
$1,488,000 the first year and $1,488,000 the
second year are for transitional housing programs according to Minnesota
Statutes, section 119A.43. Any balance
in the first year does not cancel but is available in the second year. The general fund base funding to this
program for the 2006-2007 biennium is $1,988,000 each year.
$450,000 of the TANF block grant
appropriation to the pathways program in Laws 1999, chapter 223, article 1,
section 2, subdivision 2, is canceled. This $450,000 is appropriated to the
transitional housing programs according to Minnesota Statutes, section
119A.43. Any balance in the first year
does not cancel but is available in the second year. This is a onetime appropriation.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
$800,000 of the TANF block grant
appropriation to the health care and human services worker training and retention
program in Laws 2001, First Special Session chapter 4, article 1, section 2,
subdivision 4, is canceled. Of the amount canceled, $175,000 the first year and
$625,000 the second year are appropriated to the transitional housing programs
according to Minnesota Statutes, section 119A.43. Any balance in the first year does not cancel but is available in
the second year. This is a onetime
appropriation.
Sec. 20. [CANCELLATIONS
AND TRANSFERS.]
(a) The unexpended balance as of July 1, 2003, from all appropriations
to the capital access program established under Minnesota Statutes,
section 116J.8761, is canceled to the general fund.
(b) The unexpended balance as of July 1, 2003, in the nongame
wildlife tourism program in the department of trade and economic
development is canceled to the general fund.
(c) Of the unexpended balance as of July 1, 2003, in the
Indian business loan program account established under Minnesota Statutes,
section 116J.64, subdivision 6, $800,000 is transferred to the general
fund. Notwithstanding the provisions
of that subdivision, during fiscal years 2004 and 2005, any tax revenue
that would otherwise be deposited in the Indian business loan program
account shall be deposited in the general fund. On July 10, 2005, the commissioner of finance shall
transfer $500,000 from the general fund to the Indian business loan program
account.
(d) Of the money appropriated for fair housing education
under Laws 2001, chapter 208, section 28, $800,000 is canceled and
transferred to the general fund.
(e) Of the unexpended balance in the consumer education account
established under Minnesota Statutes, section 58.10, subdivision 3,
$90,000 is transferred to the general fund.
(f) Of the money appropriated for education regarding mortgage
flipping by Laws 1999, chapter 223, article 1, section 6, subdivision 3,
$15,000 is canceled and transferred to the general fund.
(g) Of the appropriation made to the department of trade
and economic development in Laws 1997, chapter 200, article 1, section
2, subdivision 2, $361,000 is canceled to the general fund.
(h) Of the appropriation made to the public facilities authority
in Laws 2000, chapter 492, article 1, section 22, subdivision 3,
$700,000 is canceled to the general fund.
(i) After July 1, 2003, but before September 30, 2003, the
commissioner of finance shall transfer $800,000 of the unexpended
balance in the tourism loan account established under Minnesota
Statutes, section 116J.617, subdivision 5, to the general fund.
(j) Minnesota Statutes, section 116J.617, is repealed. Any repayments of principal and any
interest earned on money previously in the tourism loan account shall be
deposited in the general fund.
(k) On or before June 30 of each fiscal year of the 2004-2005
biennium, the commissioner of finance shall transfer $1,000,000 from the
workforce development fund to the general fund.
(l) After 1, 2003, but before September 30, 2003, the commissioner
of finance shall transfer $2,500,000 of the unexpended balance in the
contractor's recovery fund established under Minnesota Statutes, section
326.975, subdivision 1, to the general fund.
(m) Of the unexpended balance in the liquefied petroleum
gas account established under Minnesota Statutes, section 239.785,
$500,000 is transferred to the general fund.
ARTICLE
2
DEPARTMENT
OF COMMERCE
POLICY
PROVISIONS
Section 1. [60A.035]
[GOVERNMENT CONTROLLED OR OWNED COMPANY PROHIBITED FROM TRANSACTING BUSINESS.]
(a) No insurance company the voting control or ownership of
which is held in whole or substantial part by any government or governmental
agency or entity having a tax exemption under section 501(c)(27)(B) or
115 of the Internal Revenue Code of 1986 or which is operated for or by
any such government or agency or entity having a tax exemption under
section 501(c)(27)(B) or 115 of the Internal Revenue Code of 1986 is
authorized to transact insurance in this state. Membership in a mutual company, subscribership in a
reciprocal insurer, ownership of stock of an insurer by the alien
property custodian or similar official of the United States, or
supervision of an insurer by public insurance supervisory authority is
not considered to be an ownership, control, or operation of the insurer
for the purposes of this section.
(b) This section does not apply to an insurance company if
its sole insurance business in this state is providing workers' compensation
insurance and associated employers' liability coverage to an employer
principally located in the insurer's state of domicile whose employee
may receive benefits under section 176.041, subdivision 4, provided the
operations of the employer are for fewer than 30 consecutive days in
this state and provided the employer has no other significant contacts
with this state.
(c) This section does not apply to a fund established under
section 16B.85, subdivision 2.
Sec. 2. Minnesota
Statutes 2002, section 60A.14, subdivision 1, is amended to read:
Subdivision 1. [FEES
OTHER THAN EXAMINATION FEES.] In addition to the fees and charges provided for
examinations, the following fees must be paid to the commissioner for deposit
in the general fund:
(a) by township mutual fire insurance companies;
(1) for filing certificate of incorporation $25 and amendments
thereto, $10;
(2) for filing annual statements, $15;
(3) for each annual certificate of authority, $15;
(4) for filing bylaws $25 and amendments thereto, $10;
(b) by other domestic and foreign companies including
fraternals and reciprocal exchanges;
(1) for filing certified copy of certificate of articles of
incorporation, $100;
(2) for filing annual statement, $225;
(3) for filing certified copy of amendment to certificate or
articles of incorporation, $100;
(4) for filing bylaws, $75 or amendments thereto, $75;
(5) for each company's certificate of authority, $575,
annually;
(c) the following general fees apply:
(1) for each certificate, including certified copy of
certificate of authority, renewal, valuation of life policies, corporate
condition or qualification, $25;
(2) for each copy of paper on file in the commissioner's office
50 cents per page, and $2.50 for certifying the same;
(3) for license to procure insurance in unadmitted foreign
companies, $575;
(4) for valuing the policies of life insurance companies, one
cent per $1,000 of insurance so valued, provided that the fee shall not exceed
$13,000 per year for any company. The
commissioner may, in lieu of a valuation of the policies of any foreign life
insurance company admitted, or applying for admission, to do business in this
state, accept a certificate of valuation from the company's own actuary or from
the commissioner of insurance of the state or territory in which the company is
domiciled;
(5) for receiving and filing certificates of policies by the
company's actuary, or by the commissioner of insurance of any other state or
territory, $50;
(6) for each appointment of an agent filed with the
commissioner, $10;
(7) for filing forms and rates, $75 $110 per filing,
which may be paid on a quarterly basis in response to an invoice. Billing and
payment may be made electronically;
(8) for annual renewal of surplus lines insurer license, $300;
(9) $250 filing fee for a large risk alternative rating
option plan that meets the $250,000 threshold requirement.
The commissioner shall adopt rules to define filings that are
subject to a fee.
Sec. 3. Minnesota
Statutes 2002, section 79.56, subdivision 1, is amended to read:
Subdivision 1.
[PREFILING OF RATES.] (a) Each insurer shall file with the
commissioner a complete copy of its rates and rating plan, and all changes and
amendments thereto, and such supporting data and information that the
commissioner may by rule require, at least 60 days prior to its effective date.
The commissioner shall advise an insurer within 30 days of the filing if its
submission is not accompanied with such supporting data and information that
the commissioner by rule may require. The commissioner may extend the filing
review period and effective date for an additional 30 days if an insurer, after
having been advised of what supporting data and information is necessary
to complete its filing, does not provide such information within 15 days of
having been so notified. If any rate or
rating plan filing or amendment thereto is not disapproved by the commissioner
within the filing review period, the insurer may implement it. For the period August 1, 1995, to December
31, 1995, the filing shall be made at least 90 days prior to the effective date
and the department shall advise an insurer within 60 days of such filing if the
filing is insufficient under this section.
(b) A rating plan or rates are not subject to the requirements
of paragraph (a), where the insurer files a certification verifying that
it will use the rating plan or rates only to write a specific employer
that generates $250,000 in annual written workers' compensation premiums
before the application of any large deductible rating plan. The $250,000 threshold includes premiums
generated in any state. The designation
and certification shall be submitted in substantially the following
form:
Name and address of insurer:...........................................................................
Name and address of insured
employer:.........................................................
Effective date of filing:.......................................................................................
I certify that the employer named above generates $250,000
or more in annual written workers' compensation premiums before the application
of any large deductible rating plan.
This certification authorizes the use of this rate or rating plan
only for the named employer.
Name of responsible officer:.............................................................................
Title:......................................................................................................................
Signature:.............................................................................................................
Sec. 4. Minnesota
Statutes 2002, section 79.56, subdivision 3, is amended to read:
Subd. 3. [PENALTIES.] (a)
Any insurer using a rate or a rating plan which has not been filed under
subdivision 1 shall be subject to a fine of up to $100 for each day the
failure to file continues. The
commissioner may, after a hearing on the record, find that the failure is
willful. A willful failure to meet
filing requirements shall be punishable by a fine of up to $500 for each day
during which a willful failure continues. These penalties shall be in addition
to any other penalties provided by law.
(b) Notwithstanding this subdivision, an employer that
generates $250,000 in annual written workers' compensation premium under the
rates and rating plan of an insurer before the application of any large
deductible rating plans, may be written by that insurer using rates or rating
plans that are not subject to disapproval but which have been filed. For the purposes of this paragraph, written
workers' compensation premiums generated from states other than Minnesota are
included in calculating the $250,000 threshold for large risk alternative
rating option plans.
Sec. 5. Minnesota
Statutes 2002, section 239.10, subdivision 3, is amended to read:
Subd. 3. [OTHER WEIGHTS
AND MEASURES.] The director shall inspect all weights and measures, except
those specified in subdivisions 1 and 2, annually, or as often as deemed
possible within budget and staff limitations, except that the director shall
not inspect liquid petroleum gas measuring equipment and shall not
charge a fee related to any such inspections.
Sec. 6. Minnesota Statutes 2002, section 239.101, subdivision 3, is
amended to read:
Subd. 3. [PETROLEUM
INSPECTION FEE.] (a) An inspection fee is imposed (1) on petroleum products
when received by the first licensed distributor, and (2) on petroleum products
received and held for sale or use by any person when the petroleum products
have not previously been received by a licensed distributor. The petroleum
inspection fee is 85 cents $1 for every 1,000 gallons
received. The commissioner of revenue
shall collect the fee. The revenue from
the fee must first be applied to cover the amounts appropriated for
petroleum product quality inspection expenses, for the inspection and testing
of petroleum product measuring equipment, and for petroleum supply monitoring
under chapter necessary to enforce the appropriate provisions of chapters
216C, 239, 325D, and 325E. These
functions shall be performed by departmental staff.
(b) The commissioner of revenue shall credit a person for
inspection fees previously paid in error or for any material exported or sold
for export from the state upon filing of a report as prescribed by the commissioner
of revenue.
(c) The commissioner of revenue may collect the inspection fee
along with any taxes due under chapter 296A.
Sec. 7. Minnesota
Statutes 2002, section 354D.02, subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.]
Eligible employees are:
(1) any supervisory or professional employee of the state arts
board; or
(2) any supervisory or professional employee of the
Minnesota humanities commission; or
(3) (2) any employee of the Minnesota historical
society.
Sec. 8. [SUSPENSION OF
MORTGAGE CREDIT CERTIFICATE AID.]
Notwithstanding Minnesota Statutes, section 462C.15, during
the fiscal years 2004 and 2005, no applications or reports shall be
made pursuant to subdivision 1 of that section, no aid shall be provided
pursuant to subdivision 3 of that section, and no money is appropriated
pursuant to subdivision 4 of that section.
Sec. 9. [AMBULANCE
SERVICE LIABILITY INSURANCE STUDY.]
The commissioner of commerce shall study the availability
and cost to ambulance services of vehicle and malpractice insurance
and the factors influencing cost increases.
The commissioner shall report the results of this study and recommendations
on means to ensure continued availability of affordable insurance to the
legislature by January 10, 2004.
Sec. 10. [UNCLAIMED
PROPERTY.]
The department shall, after July 1, 2003, and before June
30, 2005, sell the unclaimed property identified by the legislative
auditor in Finding 1 of its management letter dated March 20, 2003. To the degree this property has not been
held for the three-year period required by law prior to sale, that three-year
requirement is waived as to this property, and the department shall sell
the property.
Sec. 11. [GATS REVIEW AND REPORT.]
The commissioner of commerce shall analyze and report to
the legislature on the negative and positive impacts of the new round
of talks under the World Trade Organization called the General Agreement
on Trade and Services (GATS), especially those rules that would interfere
with small businesses regulation, regulation of financial institutions
and insurance, licensing of professional trades, and report back to the
chairs of commerce and jobs and economic development by January 1, 2004.
Sec. 12. [REPEALER.]
Minnesota Statutes 2002, section 138.91, is repealed.
ARTICLE
3
DEPARTMENT
OF LABOR AND INDUSTRY
POLICY
PROVISIONS
Section 1. Minnesota
Statutes 2002, section 175.16, subdivision 1, is amended to read:
Subdivision 1.
[ESTABLISHED.] The department of labor and industry shall consist of the
following divisions: division of
workers' compensation, division of boiler inspection, division of occupational
safety and health, division of statistics, division of steamfitting standards, division
of voluntary apprenticeship, division of labor standards and
apprenticeship, and such other divisions as the commissioner of the
department of labor and industry may deem necessary and establish. Each division of the department and persons
in charge thereof shall be subject to the supervision of the commissioner of
the department of labor and industry and, in addition to such duties as are or
may be imposed on them by statute, shall perform such other duties as may be
assigned to them by said the commissioner. Notwithstanding any
other law to the contrary, the commissioner is the administrator and supervisor
of all of the department's dispute resolution functions and personnel and may
delegate authority to compensation judges and others to make determinations
under sections 176.106, 176.238, and 176.239 and to approve settlement of
claims under section 176.521.
Sec. 2. Minnesota
Statutes 2002, section 177.26, subdivision 1, is amended to read:
Subdivision 1.
[CREATION.] The division of labor standards and apprenticeship in
the department of labor and industry is supervised and controlled by the
commissioner of labor and industry.
Sec. 3. Minnesota
Statutes 2002, section 177.26, subdivision 2, is amended to read:
Subd. 2. [POWERS AND
DUTIES.] The powers, duties, and functions given to the department's
division of women and children by this chapter, and other applicable laws
relating to wages, hours, and working conditions, are transferred to the
division of labor standards. The
division of labor standards and apprenticeship shall administer sections
177.21 to 177.35 and chapter chapters 177, 178, 181, 181A, and
184. The division shall perform
duties under sections 181.9435 and 181.9436.
Sec. 4. Minnesota
Statutes 2002, section 178.01, is amended to read:
178.01 [PURPOSES.]
The purposes of this chapter are: to open to young people regardless of race, sex, creed, color or
national origin, the opportunity to obtain training that will equip them for
profitable employment and citizenship; to establish as a means to this end, a
program of voluntary apprenticeship under approved apprentice agreements
providing facilities for
their training and guidance in the arts, skills, and crafts of industry and
trade, with concurrent, supplementary instruction in related subjects; to
promote employment opportunities under conditions providing adequate training
and reasonable earnings; to relate the supply of skilled workers to employment
demands; to establish standards for apprentice training; to establish an
apprenticeship advisory council and apprenticeship committees to assist in
effectuating the purposes of this chapter; to provide for a division of voluntary
labor standards and apprenticeship within the department of labor and
industry; to provide for reports to the legislature regarding the status of
apprentice training in the state; to establish a procedure for the
determination of apprentice agreement controversies; and to accomplish related
ends.
Sec. 5. Minnesota
Statutes 2002, section 178.03, subdivision 1, is amended to read:
Subdivision 1.
[ESTABLISHMENT OF DIVISION.] There is hereby established a
division of voluntary labor standards and apprenticeship in the
department of labor and industry. This
division shall be administered by a director, and be under the supervision of
the commissioner of labor and industry, hereinafter referred to as the
commissioner.
Sec. 6. Minnesota
Statutes 2002, section 178.03, subdivision 2, is amended to read:
Subd. 2. [DIRECTOR OF VOLUNTARY
LABOR STANDARDS AND APPRENTICESHIP.] The commissioner shall appoint a
director of the division of voluntary labor standards and
apprenticeship, hereinafter referred to as the director, and may appoint and
employ such clerical, technical, and professional help as is necessary to
accomplish the purposes of this chapter.
The director and division staff shall be appointed and shall serve in
the classified service pursuant to civil service law and rules.
Sec. 7. [178.12]
[REGISTRATION FEE.]
The apprenticeship registration account is established in
the special revenue fund of the state treasury. An annual registration fee will be charged to each sponsor
for each apprentice registered in the program. The fee is established at $50 per apprentice. Subsequent adjustments to this fee will be
made pursuant to Minnesota Statutes, sections 16A.1283 and 16A.1285,
subdivision 2. The fees collected and
any interest earned are appropriated to the commissioner for purposes of
this chapter.
Sec. 8. Minnesota
Statutes 2002, section 181.9435, subdivision 1, is amended to read:
Subdivision 1.
[INVESTIGATION.] The division of labor standards and apprenticeship
shall receive complaints of employees against employers relating to sections
181.940 to 181.9436 and investigate informally whether an employer may be in
violation of sections 181.940 to 181.9436.
The division shall attempt to resolve employee complaints by informing
employees and employers of the provisions of the law and directing employers to
comply with the law.
Sec. 9. Minnesota
Statutes 2002, section 181.9436, is amended to read:
181.9436 [POSTING OF LAW.]
The division of labor standards and apprenticeship shall
develop, with the assistance of interested business and community
organizations, an educational poster stating employees' rights under sections
181.940 to 181.9436. The department
shall make the poster available, upon request, to employers for posting on the
employer's premises.
Sec. 10. [BOILER
INSPECTION AND LICENSE FEE SURCHARGE.]
The commissioner of labor and industry shall impose a surcharge
of $5 on each of the fees authorized under Minnesota Statutes, section
183.545, subdivisions 2, 3, and 4, for the period starting July 1, 2003,
and ending June 30, 2005.
Sec. 11. [REPEALER.]
Minnesota Statutes 2002, sections 177.26, subdivision 3;
and 178.11, are repealed.
Sec. 12. [EFFECTIVE
DATE.]
Section 10 is effective July 1, 2003.
ARTICLE
4
DEPARTMENT
OF ECONOMIC SECURITY
POLICY
PROVISIONS
Section 1. Minnesota
Statutes 2002, section 248.10, is amended to read:
248.10 [REHABILITATION COUNCIL FOR THE BLIND.]
(a) The commissioner shall establish a rehabilitation
council for the blind consistent with the federal Rehabilitation Act of 1973,
Public Law Number 93-112, as amended.
Council members shall be compensated as provided in section 15.059,
subdivision 3. The council shall advise
the commissioner about programs of the division of state services for the
blind.
(b) Notwithstanding section 13D.01, the rehabilitation council
for the blind may conduct a meeting of its members by telephone or other
electronic means so long as the following conditions are met:
(1) all members of the council participating in the meeting,
wherever their physical location, can hear one another and can hear all
discussion and testimony;
(2) members of the public present at the regular meeting
location of the council can hear all discussion and testimony and all
votes of members of the council;
(3) at least one member of the council is physically present
at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
(c) Each member of the council participating in a meeting
by telephone or other electronic means is considered present at the
meeting for purposes of determining a quorum and participating in all
proceedings.
(d) If telephone or another electronic means is used to conduct
a meeting, the council to the extent practical, shall allow a person to
monitor the meeting electronically from a remote location. The council may require the person making
such a connection to pay for documented marginal costs that the council
incurs as a result of the additional connection.
(e) If telephone or another electronic means is used to
conduct a regular, special, or emergency meeting, the council shall
provide notice of the regular meeting location, of the fact that some
members may participate by electronic means, and of the provisions of
paragraph (d). The timing and method of
providing notice is governed by section 13D.04.
Sec. 2. Minnesota
Statutes 2002, section 268.022, subdivision 1, is amended to read:
Subdivision 1.
[DETERMINATION AND COLLECTION OF SPECIAL ASSESSMENT.] (a) In addition to
all other taxes, assessments, and payment obligations under chapter 268, each
employer, except an employer making payments in lieu of taxes is liable for a
special assessment levied at the rate of one-tenth of one percent per year
until June 30, 2000, and seven-hundredths of one percent per year on and after
July 1, 2000, on all taxable wages, as defined in section 268.035,
subdivision 24. The assessment shall
become due and be paid by each employer to the department on the same schedule
and in the same manner as other taxes. The
assessment shall be at the rate specified in paragraph (b).
(b) On or before October 1 of each year, the commissioner
shall determine the special assessment rate for the following calendar
year, which shall be either 5/100 of one percent, 7/100 of one percent,
or one-tenth of one percent of taxable wages. In determining the rate,
the commissioner shall consider the balance in the workforce development
fund, available state and local unemployment statistics, and any
appropriate information regarding the state's overall economic outlook.
The special assessment levied under this section shall not
affect the computation of any other taxes, assessments, or payment obligations
due under this chapter.
Sec. 3. Minnesota
Statutes 2002, section 268A.02, is amended by adding a subdivision to read:
Subd. 3.
[MEETINGS.] (a) Notwithstanding section 13D.01, the state
rehabilitation council and state independent living council may conduct
meetings of their members by telephone or other electronic means as long
as the following conditions are met:
(1) all members of the council participating in the meeting,
wherever their physical location, can hear one another and can hear all
discussion and testimony;
(2) members of the public present at the regular meeting
location of the council can hear all discussion and testimony and all
votes of members of the council;
(3) at least one member of the council is physically present
at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
(b) Each member of the council participating in a meeting
by telephone or other electronic means is considered present at the
meeting for purposes of determining a quorum and participating in all
proceedings.
(c) If telephone or another electronic means is used to conduct
a meeting, the council to the extent practical, shall allow a person to
monitor the meeting electronically from a remote location. The council may require the person making
such a connection to pay for documented marginal costs that the council
incurs as a result of the additional connection.
(d) If telephone or another electronic means is used to conduct
a regular, special, or emergency meeting, the council shall provide
notice of the regular meeting location, of the fact that some members
may participate by electronic means, and of the provisions of paragraph
(c). The timing and method of providing
notice is governed by section 13D.04.
Sec. 4. [PLAN TO
REDUCE NUMBER OF WORKFORCE SERVICE AREAS.]
The governor's workforce development council shall, in consultation
with representatives of the local workforce councils and local elected
officials, study the current configuration of workforce service areas in
Minnesota and whether the efficiency or quality of service delivery
could be improved by changing the boundaries of workforce service areas
or reducing the number of areas. The
council shall report to the legislature by January 1, 2004.
ARTICLE
5
PETROFUND
Section 1. Minnesota
Statutes 2002, section 115C.02, subdivision 14, is amended to read:
Subd. 14. [TANK.]
"Tank" means any one or a combination of containers, vessels, and
enclosures, including structures and appurtenances connected to them, that is,
or has been, used to contain or, dispense, store, or transport
petroleum.
"Tank" does not include:
(1) a mobile storage tank used to transport petroleum from
one location to another, except a mobile storage tank with a capacity of 500
gallons or less used only to transport home heating fuel on private property;
or
(2) pipeline facilities, including gathering lines,
regulated under the Natural Gas Pipeline Safety Act of 1968, United States
Code, title 49, chapter 24, or the Hazardous Liquid Pipeline Safety Act of
1979, United States Code, title 49, chapter 29.
Sec. 2. Minnesota
Statutes 2002, section 115C.08, subdivision 4, is amended to read:
Subd. 4.
[EXPENDITURES.] (a) Money in the fund may only be spent:
(1) to administer the petroleum tank release cleanup program
established in this chapter;
(2) for agency administrative costs under sections 116.46 to
116.50, sections 115C.03 to 115C.06, and costs of corrective action taken by
the agency under section 115C.03, including investigations;
(3) for costs of recovering expenses of corrective actions
under section 115C.04;
(4) for training, certification, and rulemaking under sections
116.46 to 116.50;
(5) for agency administrative costs of enforcing rules governing
the construction, installation, operation, and closure of aboveground and
underground petroleum storage tanks;
(6) for reimbursement of the environmental response,
compensation, and compliance account under subdivision 5 and section 115B.26,
subdivision 4;
(7) for administrative and staff costs as set by the board to
administer the petroleum tank release program established in this chapter;
(8) for corrective action performance audits under section
115C.093; and
(9) for contamination cleanup grants, as provided in paragraph
(c); and
(10) to assess and remove abandoned underground storage
tanks under section 115C.094 and, if a release is discovered, to pay
for the specific consultant and contractor services costs necessary to
complete the tank removal project, including, but not limited to,
excavation soil sampling, groundwater sampling, soil disposal, and
completion of an excavation report.
(b) Except as provided in paragraph (c), money in the fund is
appropriated to the board to make reimbursements or payments under this
section.
(c) $6,200,000 is annually appropriated from the fund to the
commissioner of trade and economic development for contamination cleanup grants
under section 116J.554. Of this amount,
the commissioner may spend up to $120,000 annually for administration of the
contamination cleanup grant program.
The appropriation does not cancel and is available until expended. The
appropriation shall not be withdrawn from the fund nor the fund balance reduced
until the funds are requested by the commissioner of trade and economic
development. The commissioner shall
schedule requests for withdrawals from the fund to minimize the necessity to
impose the fee authorized by subdivision 2.
Unless otherwise provided, the appropriation in this paragraph may be
used for:
(1) project costs at a qualifying site if a portion of the
cleanup costs are attributable to petroleum contamination; and
(2) the costs of performing contamination investigation if
there is a reasonable basis to suspect the contamination is attributable to
petroleum.
Sec. 3. Minnesota
Statutes 2002, section 115C.09, subdivision 3, is amended to read:
Subd. 3.
[REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a) The board shall
reimburse an eligible applicant from the fund for 90 percent of the total
reimbursable costs incurred at the site, except that the board may reimburse an
eligible applicant from the fund for greater than 90 percent of the total
reimbursable costs, if the applicant previously qualified for a higher
reimbursement rate. For costs
associated with a release from a tank in transport, the board may
reimburse 90 percent of costs over $10,000, with the maximum
reimbursement not to exceed $100,000.
Not more than $1,000,000 may be reimbursed for costs associated
with a single release, regardless of the number of persons eligible for
reimbursement, and not more than $2,000,000 may be reimbursed for costs
associated with a single tank facility.
(b) A reimbursement may not be made from the fund under this
chapter until the board has determined that the costs for which reimbursement
is requested were actually incurred and were reasonable.
(c) When an applicant has obtained responsible competitive bids
or proposals according to rules promulgated under this chapter prior to June 1,
1995, the eligible costs for the tasks, procedures, services, materials,
equipment, and tests of the low bid or proposal are presumed to be reasonable
by the board, unless the costs of the low bid or proposal are substantially in
excess of the average costs charged for similar tasks, procedures, services,
materials, equipment, and tests in the same geographical area during the same
time period.
(d) When an applicant has obtained a minimum of two responsible
competitive bids or proposals on forms prescribed by the board and where the
rules promulgated under this chapter after June 1, 1995, designate maximum
costs for specific tasks, procedures, services, materials, equipment and tests,
the eligible costs of the low bid or proposal are deemed reasonable if the
costs are at or below the maximums set forth in the rules.
(e) Costs incurred for change orders executed as prescribed in
rules promulgated under this chapter after June 1, 1995, are presumed
reasonable if the costs are at or below the maximums set forth in the rules,
unless the costs in the change order are above those in the original bid or
proposal or are unsubstantiated and inconsistent with the process and standards
required by the rules.
(f) A reimbursement may not be made from the fund in
response to either an initial or supplemental application for costs incurred
after June 4, 1987, that are payable under an applicable insurance policy,
except that if the board finds that the applicant has made reasonable efforts
to collect from an insurer and failed, the board shall reimburse the applicant.
(g) If the board reimburses an applicant for costs for which
the applicant has insurance coverage, the board is subrogated to the rights of
the applicant with respect to that insurance coverage, to the extent of the
reimbursement by the board. The board
may request the attorney general to bring an action in district court against
the insurer to enforce the board's subrogation rights. Acceptance by an applicant of reimbursement
constitutes an assignment by the applicant to the board of any rights of the
applicant with respect to any insurance coverage applicable to the costs that
are reimbursed. Notwithstanding this paragraph, the board may instead request a
return of the reimbursement under subdivision 5 and may employ against the
applicant the remedies provided in that subdivision, except where the board has
knowingly provided reimbursement because the applicant was denied coverage by
the insurer.
(h) Money in the fund is appropriated to the board to make
reimbursements under this chapter. A
reimbursement to a state agency must be credited to the appropriation account
or accounts from which the reimbursed costs were paid.
(i) The board may reduce the amount of reimbursement to be made
under this chapter if it finds that the applicant has not complied with a
provision of this chapter, a rule or order issued under this chapter, or one or
more of the following requirements:
(1) the agency was given notice of the release as required by
section 115.061;
(2) the applicant, to the extent possible, fully cooperated
with the agency in responding to the release;
(3) the state rules applicable after December 22, 1993, to
operating an underground storage tank and appurtenances without leak detection;
(4) the state rules applicable after December 22, 1998, to
operating an underground storage tank and appurtenances without corrosion
protection or spill and overfill protection; and
(5) the state rule applicable after November 1, 1998, to
operating an aboveground tank without a dike or other structure that would
contain a spill at the aboveground tank site.
(j) The reimbursement may be reduced as much as 100 percent for
failure by the applicant to comply with the requirements in paragraph (i),
clauses (1) to (5). In determining the
amount of the reimbursement reduction, the board shall consider:
(1) the reasonable determination by the agency that the
noncompliance poses a threat to the environment;
(2) whether the noncompliance was negligent, knowing, or
willful;
(3) the deterrent effect of the award reduction on other tank
owners and operators;
(4) the amount of reimbursement reduction recommended by the
commissioner; and
(5) the documentation of noncompliance provided by the
commissioner.
(k) An applicant may assign the
right to receive reimbursement to request that the board issue a
multiparty check that includes each lender who advanced funds to pay
the costs of the corrective action or to each contractor or consultant who
provided corrective action services. An
assignment This request must be made by filing with the board a
document, in a form prescribed by the board, indicating the identity of the
applicant, the identity of the assignee lender, contractor, or consultant,
the dollar amount of the assignment, and the location of the corrective
action. An assignment signed by the
applicant is valid unless terminated by filing a termination with the board, in
a form prescribed by the board, which must include the written concurrence of
the assignee. The board shall maintain
an index of assignments filed under this paragraph. The board shall pay the reimbursement to the applicant and to one
or more assignees by a multiparty check.
The applicant must submit a request for the issuance of a
multiparty check for each application submitted to the board. Payment
under this paragraph does not constitute the assignment of the
applicant's right to reimbursement to the consultant, contractor, or
lender. The board has no liability
to an applicant for a payment under an assignment meeting issued as a
multiparty check that meets the requirements of this paragraph.
Sec. 4. Minnesota
Statutes 2002, section 115C.09, is amended by adding a subdivision to read:
Subd. 3i.
[REIMBURSEMENT; NATURAL DISASTER AREA.] (a) As used in this
subdivision, "natural disaster area" means a geographical area
that has been declared a disaster by the governor and President of the
United States.
(b) Notwithstanding subdivision 3, paragraph (a), and Minnesota
Rules, chapter 2890, with the exception of Minnesota Rules, parts
2890.0010 to 2890.0065, and 2890.0090 to 2890.0130, the board may
reimburse:
(1) up to 50 percent of an applicant' pre-natural-disaster
estimated building market value as recorded by the county assessor;
or
(2) if the applicant conveys title of the real estate to
local or state government, up to 50 percent of the pre-natural-disaster
estimated total market value, not to exceed one acre, as recorded by the
county assessor.
(c) Paragraph (b) applies only if the applicant documents
that:
(1) the natural disaster area has been declared eligible
for state or federal emergency aid;
(2) the building is declared uninhabitable by the commissioner
because of damage caused by the release of petroleum from a petroleum
storage tank; and
(3) the applicant has submitted a claim under any applicable
insurance policies and has been denied benefits under those policies.
(d) In determining the percentage for reimbursement, the
board shall consider the applicant's eligibility to receive other
state or federal financial assistance and determine a lesser
reimbursement rate to the extent that the applicant is eligible to
receive financial assistance that exceeds 50 percent of the applicant's
pre-natural-disaster estimated building market value or total market
value.
Sec. 5. [115C.094]
[ABANDONED UNDERGROUND STORAGE TANKS.]
(a) As used in this section, an abandoned underground petroleum
storage tank means an underground petroleum storage tank that was:
(1) taken out of service prior to December 22, 1988; or
(2) taken out of service on or
after December 22, 1988, if the current property owner did not know of
the existence of the underground petroleum storage tank and cannot
reasonably be expected to have known of the tank's existence.
(b) The board may contract for:
(1) a statewide assessment in order to determine the quantity,
location, cost, and feasibility of removing abandoned underground
petroleum storage tanks;
(2) the removal of an abandoned underground petroleum storage
tank; and
(3) the removal and disposal of petroleum-contaminated soil
if the removal is required by the commissioner at the time of tank
removal.
(c) Before the board may contract for removal of an abandoned
petroleum storage tank, the tank owner must provide the board with
written access to the property and release the board from any potential
liability for the work performed.
(d) Money in the fund is appropriated to the board for the
purposes of this section.
Sec. 6. Minnesota
Statutes 2002, section 115C.11, subdivision 1, is amended to read:
Subdivision 1.
[REGISTRATION.] (a) All consultants and contractors who perform
corrective action services must register with the board. In order to register, consultants must meet
and demonstrate compliance with the following criteria:
(1) provide a signed statement to the board verifying agreement
to abide by this chapter and the rules adopted under it and to include a signed
statement with each claim that all costs claimed by the consultant are a true
and accurate account of services performed;
(2) provide a signed statement that the consultant shall make
available for inspection any records requested by the board for field or
financial audits under the scope of this chapter;
(3) certify knowledge of the requirements of this chapter and
the rules adopted under it;
(4) obtain and maintain professional liability coverage,
including pollution impairment liability; and
(5) agree to submit to the board a certificate or certificates
verifying the existence of the required insurance coverage.
(b) The board must maintain a list of all registered
consultants and a list of all registered contractors.
(c) All corrective action services must be performed by
registered consultants and contractors.
(d) Reimbursement for corrective action services performed by
an unregistered consultant or contractor is subject to reduction under section
115C.09, subdivision 3, paragraph (i).
(e) Corrective action services performed by a consultant or
contractor prior to being removed from the registration list may be reimbursed
without reduction by the board.
(f) If the information in an
application for registration becomes inaccurate or incomplete in any material
respect, the registered consultant or contractor must promptly file a corrected
application with the board.
(g) Registration is effective 30 days after a complete
application is received by the board.
The board may reimburse without reduction the cost of work performed by
an unregistered contractor if the contractor performed the work within 60 days
of the effective date of registration.
(h) Registration for consultants under this section remains in
force until the expiration date of the professional liability coverage,
including pollution impairment liability, required under paragraph (a), clause
(4), or until voluntarily terminated by the registrant, or until suspended or
revoked by the commissioner of commerce.
Registration for contractors under this section expires each year on the
anniversary of the effective date of the contractor's most recent registration
and must be renewed on or before expiration.
Prior to its annual expiration, a registration remains in force until
voluntarily terminated by the registrant, or until suspended or revoked by the
commissioner of commerce. All
registrants must comply with registration criteria under this section.
(i) The board may deny a consultant or contractor registration
or request for renewal under this section if the consultant or
contractor:
(1) does not intend to or is not in good faith carrying on
the business of an environmental consultant or contractor;
(2) has filed an application for registration that is incomplete
in any material respect or contains any statement which, in light of the
circumstances under which it is made, contains any misrepresentation, or
is false, misleading, or fraudulent;
(3) has engaged in any fraudulent, coercive, deceptive, or
dishonest act or practice whether or not such act or practice involves
the business of environmental consulting or contracting;
(4) has forged another's name to any document whether or
not the document relates to a document approved by the board;
(5) has plead guilty, with or without explicitly admitting
guilt; plead nolo contendere; or been convicted of a felony, gross
misdemeanor, or misdemeanor involving moral turpitude, including, but
not limited to, assault, harassment, or similar conduct;
(6) has been subject to disciplinary action in another state
or jurisdiction; or
(7) has not paid subcontractors hired by the consultant or
contractor after they have been paid in full by the applicant.
Sec. 7. Minnesota
Statutes 2002, section 115C.13, is amended to read:
115C.13 [REPEALER.]
Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04,
115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 115C.093, 115C.094,
115C.10, 115C.11, 115C.111, 115C.112, 115C.113, 115C.12, and 115C.13,
are repealed effective June 30, 2005 2007.
ARTICLE
6
DEPARTMENT
OF TRADE AND ECONOMIC
DEVELOPMENT
POLICY PROVISIONS
Section 1. Minnesota
Statutes 2002, section 17.101, subdivision 1, is amended to read:
Subdivision 1.
[DEPARTMENTAL DUTIES.] For the purposes of expanding, improving, and
developing production and marketing of products of Minnesota agriculture, the
commissioner shall encourage and promote the production and marketing of these
products by means of:
(a) advertising Minnesota agricultural products;
(b) assisting state agricultural commodity organizations;
(c) developing methods to increase processing and marketing of
agricultural commodities including commodities not being produced in Minnesota
on a commercial scale, but which may have economic potential in national and
international markets;
(d) investigating and identifying new marketing technology and
methods to enhance the competitive position of Minnesota agricultural products;
(e) evaluating livestock marketing opportunities;
(f) assessing and developing national and international markets
for Minnesota agricultural products;
(g) studying the conversion of raw agricultural products to
manufactured products including ethanol;
(h) hosting the visits of foreign trade teams to Minnesota and
defraying the teams' expenses;
(i) assisting Minnesota agricultural businesses desiring to
sell their products;
(j) conducting research to eliminate or reduce specific
production or technological barriers to market development and trade; and
(k) other activities the commissioner deems appropriate to
promote Minnesota agricultural products, provided that the activities do not
duplicate programs or services provided by the Minnesota trade division or
the Minnesota world trade center.
Sec. 2. Minnesota
Statutes 2002, section 41A.036, subdivision 2, is amended to read:
Subd. 2. [SMALL
BUSINESS DEVELOPMENT LOANS; PREFERENCES.] The following eligible small
businesses have preference among all business applicants for small business
development loans:
(1) businesses located in rural areas of the state that are
experiencing the most severe unemployment rates in the state;
(2) businesses that are likely to expand and provide additional
permanent employment in rural areas of the state, or enhance the
quality of existing jobs in those areas;
(3) businesses located in border communities that
experience a competitive disadvantage due to location;
(4) businesses that have been unable to obtain traditional
financial assistance due to a disadvantageous location, minority ownership, or
other factors rather than due to the business having been considered a poor
financial risk;
(5) businesses that utilize state resources and reduce state
dependence on outside resources, and that produce products or services
consistent with the long-term social and economic needs of the state; and
(6) businesses located in designated enterprise zones, as
described in section 469.168.
Sec. 3. Minnesota
Statutes 2002, section 115C.08, subdivision 4, is amended to read:
Subd. 4.
[EXPENDITURES.] (a) Money in the fund may only be spent:
(1) to administer the petroleum tank release cleanup program
established in this chapter;
(2) for agency administrative costs under sections 116.46 to
116.50, sections 115C.03 to 115C.06, and costs of corrective action taken by
the agency under section 115C.03, including investigations;
(3) for costs of recovering expenses of corrective actions
under section 115C.04;
(4) for training, certification, and rulemaking under sections
116.46 to 116.50;
(5) for agency administrative costs of enforcing rules
governing the construction, installation, operation, and closure of aboveground
and underground petroleum storage tanks;
(6) for reimbursement of the environmental response,
compensation, and compliance account under subdivision 5 and section 115B.26,
subdivision 4;
(7) for administrative and staff costs as set by the board to
administer the petroleum tank release program established in this chapter;
(8) for corrective action performance audits under section
115C.093; and
(9) for contamination cleanup grants, as provided in paragraph
(c).
(b) Except as provided in paragraph (c), money in the fund is
appropriated to the board to make reimbursements or payments under this
section.
(c) $6,200,000 is annually appropriated from the fund to the
commissioner of trade and economic development for contamination cleanup grants
under section 116J.554. Of this amount,
the commissioner may spend up to $120,000 $180,000 annually for
administration of the contamination cleanup grant program. The appropriation does not cancel and is
available until expended. The
appropriation shall not be withdrawn from the fund nor the fund balance reduced
until the funds are requested by the commissioner of trade and economic
development. The commissioner shall
schedule requests for withdrawals from the fund to minimize the necessity to
impose the fee authorized by subdivision 2.
Unless otherwise provided, the appropriation in this paragraph may be
used for:
(1) project costs at a qualifying site if a portion of the
cleanup costs are attributable to petroleum contamination; and
(2) the costs of performing contamination investigation if
there is a reasonable basis to suspect the contamination is attributable to
petroleum.
[EFFECTIVE DATE.] This
section is effective June 30, 2003.
Sec. 4. Minnesota
Statutes 2002, section 116J.011, is amended to read:
116J.011 [MISSION.]
The mission of the department of trade and economic development
is to employ all of the available state government resources to facilitate an
economic environment that produces net new job growth in excess of the national
average, to improve the quality of existing jobs, and to increase
nonresident and resident tourism revenues.
It is part of the department's mission that within the department's
resources the commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as efficiently as
possible;
(3) coordinate the department's activities wherever appropriate
with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve customer service, increase public access to information
about government, and increase public participation in the business of
government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and 179A;
(6) report to the legislature on the performance of agency
operations and the accomplishment of agency goals in the agency's biennial
budget according to section 16A.10, subdivision 1; and
(7) recommend to the legislature appropriate changes in law
necessary to carry out the mission and improve the performance of the
department.
Sec. 5. Minnesota
Statutes 2002, section 116J.411, is amended by adding a subdivision to read:
Subd. 2a. [JOB
ENHANCEMENT.] "Job enhancement" means an increase in wages;
and
(1) an increase in the responsibility or skill level of job
duties; or
(2) the provision of additional training or education for
employees in existing jobs.
Sec. 6. Minnesota
Statutes 2002, section 116J.415, subdivision 1, is amended to read:
Subdivision 1.
[ORGANIZATION.] The commissioner shall make challenge grants to regional
organizations, for the purpose of providing financial assistance
to encourage private investment, to provide jobs or job enhancement for
low-income persons, and to promote economic development in the rural areas of
the state.
Sec. 7. Minnesota
Statutes 2002, section 116J.415, subdivision 2, is amended to read:
Subd. 2. [FUNDING
REGIONS.] The commissioner shall divide the state outside of the metropolitan
area as defined in section 473.121, subdivision 2, into six regions. A region's boundaries must be coterminous
with the boundaries of one or more of the development regions established under
section 462.385. The commissioner shall
designate up to $1,000,000 for each region, to be awarded over a period of
three years allocate all funds remaining in each regional
subaccount of the rural rehabilitation account, as established under
section 166J.955, to each respective regional organization. The money designated to each region must be
used for revolving loans assistance authorized in this section.
Sec. 8. Minnesota
Statutes 2002, section 116J.415, subdivision 4, is amended to read:
Subd. 4. [REVOLVING LOAN
FUND.] A regional organization shall establish a commissioner certified
revolving loan fund to provide loans to new and expanding businesses
in rural Minnesota to promote economic development in rural Minnesota. Eligible business enterprises include
technologically innovative industries, value-added manufacturing,
agriprocessing, information industries, and agricultural marketing. Loan applications given preliminary approval
by the organization must be forwarded to the commissioner for final
approval. The amount of state money
allocated for each loan is appropriated from the rural rehabilitation account
established in section 116J.955 to the organization's regional revolving loan
fund when the commissioner gives final approval for each loan. The amount of money appropriated from the
rural rehabilitation account may not exceed 50 percent for each loan. The amount of nonpublic money must equal at
least 50 percent for each loan. Funds
may be used to provide loans, loan guarantees, interest buy-downs, and
other forms of participation with private sources of financing, provided
that the financial assistance must be for a principal amount that does
not exceed one-half of the cost of the project for which financing is
sought.
Sec. 9. Minnesota
Statutes 2002, section 116J.415, subdivision 5, is amended to read:
Subd. 5. [LOAN ASSISTANCE
CRITERIA.] The following criteria apply to loans made under Projects
supported through the challenge grant program must be used principally
to benefit low-income persons by:
(1) loans must be made to businesses that are not likely to
undertake a project for which loans are sought without assistance from the
challenge grant program;
(2) a loan must be used for a project designed principally
to benefit low-income persons through the creation of job or business
opportunities for them;
(3) the minimum loan is $5,000 and the maximum is $200,000;
(4) a loan may not exceed 50 percent of the total cost of an
individual project;
(5) a loan may not be used for a retail development project;
and
(6) a business applying for a loan, except a microenterprise
loan under subdivision 6, must be sponsored by a resolution of the governing
body of the local governmental unit within whose jurisdiction the project is
located.
(1) creating new jobs or retaining existing jobs;
(2) increasing the local tax base;
(3) demonstrating that investment of public dollars induces
private funds;
(4) providing higher wage levels to the community or
adding value to current workforce skills;
(5) retaining existing business; or
(6) attracting out-of-state business.
Sec. 10. Minnesota
Statutes 2002, section 116J.415, subdivision 7, is amended to read:
Subd. 7. [REVOLVING
FUND ADMINISTRATION.] (a) The commissioner shall establish a minimum
interest rate for loans to ensure that necessary management costs are covered.
(b) Loan Repayment amounts equal to one-half of the
principal and interest must be deposited in the rural rehabilitation revolving
fund for challenge grants to the region from which the money was originally
designated. The remaining amount of the
loan repayment may must be deposited in the regional revolving loan
fund for further distribution by the regional organization, consistent with the
loan criteria specified in subdivisions 4 and 5.
(c) The first $1,000,000 of revolving loans for each region
must be matched by nonstate sources.
The matching requirement does not apply to loans made under paragraph
(b).
(d) Administrative expenses of each organization may be paid
out of the interest earned on loans and on interest earned on money invested by
the state board of investment under section 116J.413, subdivision 2.
Sec. 11. Minnesota
Statutes 2002, section 116J.415, subdivision 11, is amended to read:
Subd. 11. [REPORTING
REQUIREMENTS.] An organization that receives a challenge grant shall:
(1) submit an annual report to the commissioner by February
15 of each August 30 for the preceding fiscal year that includes a
description of projects supported by the challenge grant program, an
account of loans made, written off, and fully paid during the calendar
year, the source and amount of money collected and distributed by the challenge
grant program regional revolving fund, and the program's
assets and liabilities, and an explanation of administrative expenses funds'
cash balance and loans receivable; and
(2) provide for an independent annual audit to be performed in
accordance with generally accepted accounting practices and auditing standards
and submit a copy of each annual audit report to the commissioner.
Sec. 12. Minnesota
Statutes 2002, section 116J.553, subdivision 2, is amended to read:
Subd. 2. [REQUIRED
CONTENT.] (a) The commissioner shall prescribe and provide the application
form. The application must include at
least the following information:
(1) identification of the site;
(2) an approved response action plan for the site, including
the results of engineering and other tests showing the nature and extent of the
release or threatened release of contaminants at the site;
(3) a detailed estimate, along with necessary supporting
evidence, of the total cleanup costs for the site;
(4) an appraisal of the current market value of the property,
separately taking into account the effect of the contaminants on the market
value, prepared by a qualified independent appraiser licensed under chapter
82B using accepted appraisal methodology or, the estimated market value
of the property for the latest year shown on the most recent valuation
notice used under section 273.121;
(5) an assessment of the development potential or likely
use of the site after completion of the response action plan, including any
specific commitments from third parties to construct improvements on the site;
(6) the manner in which the municipality will meet the local
match requirement; and
(7) any additional information or material that the
commissioner prescribes.
(b) A response action plan is not required as a condition to
receive a grant under section 116J.554, subdivision 1, paragraph (c).
Sec. 13. Minnesota
Statutes 2002, section 116J.554, subdivision 2, is amended to read:
Subd. 2. [QUALIFYING
SITES.] A site qualifies for a grant under this section, if the following
criteria are met:
(1) the site is not scheduled for funding during the current or
next fiscal year under the Comprehensive Environmental Response, Compensation,
and Liability Act, United States Code, title 42, section 9601, et seq. or under
the Environmental Response, and Liability Act under sections 115B.01 to
115B.24;
(2) the appraised value of the site after adjusting for the
effect on the value of the presence or possible presence of contaminants using
accepted appraisal methodology, or the current market value of the
site as issued under section 273.121, separately taking into account the
effect of the contaminants on the market value, (i) is less than 75
percent of the estimated project costs for the site or (ii) is less than or equal
to the estimated cleanup costs for the site and the cleanup costs equal or
exceed $3 per square foot for the site; and
(3) if the proposed cleanup is completed, it is expected that
the site will be improved with buildings or other improvements and these
improvements will provide a substantial increase in the property tax base
within a reasonable period of time or the site will be used for an important
publicly owned or tax-exempt facility.
Sec. 14. Minnesota
Statutes 2002, section 116J.8731, subdivision 1, is amended to read:
Subdivision 1.
[PURPOSE.] The Minnesota investment fund is created to provide financial
assistance, through partnership with communities, for the creation of new
employment or to maintain existing employment, and for business start-up,
expansions, and retention. It shall
accomplish these goals by the following means:
(1) creation or retention of permanent private-sector jobs in
order to create above-average economic growth consistent with environmental
protection, which includes investments in technology and equipment that
increase productivity and provide for a higher wage;
(2) stimulation or leverage of private investment to ensure
economic renewal and competitiveness;
(3) increasing the local tax base, based on demonstrated
measurable outcomes, to guarantee a diversified industry mix;
(4) improving the quality of existing jobs, based on increases
in wages or improvements in the job duties, training, or education
associated with those jobs;
(5) improvement of employment and economic opportunity
for citizens in the region to create a reasonable standard of living,
consistent with federal and state guidelines on low- to moderate-income
persons; and
(5) (6) stimulation of productivity growth
through improved manufacturing or new technologies, including cold weather
testing.
Sec. 15. Minnesota Statutes 2002, section 116J.8731, subdivision 4, is
amended to read:
Subd. 4. [ELIGIBLE
PROJECTS.] Assistance must be evaluated on the existence of the following
conditions:
(1) creation of new jobs or, retention of
existing jobs, or improvements in the quality of existing jobs as
measured by the wages, skills, or education associated with those jobs;
(2) increase in the tax base;
(3) the project can demonstrate that investment of public
dollars induces private funds;
(4) the project can demonstrate an excessive public
infrastructure or improvement cost beyond the means of the affected community
and private participants in the project;
(5) the project provides higher wage levels to the community or
will add value to current workforce skills;
(6) whether assistance is necessary to retain existing
business; and
(7) whether assistance is necessary to attract out-of-state
business.
A grant or loan cannot be made based solely on a finding that
the conditions in clause (6) or (7) exist.
A finding must be made that a condition in clause (1), (2), (3), (4), or
(5) also exists.
Applications recommended for funding shall be submitted to the
commissioner.
Sec. 16. Minnesota
Statutes 2002, section 116J.8731, subdivision 5, is amended to read:
Subd. 5. [GRANT
LIMITS.] A Minnesota investment fund grant may not be approved for an amount in
excess of $500,000 $1,000,000.
This limit covers all money paid to complete the same project, whether
paid to one or more grant recipients and whether paid in one or more fiscal
years. The portion of a Minnesota
investment fund grant that exceeds $100,000 must be repaid to the state when it
is repaid to the local community or recognized Indian tribal government by the
person or entity to which it was loaned by the local community or Indian tribal
government. Money repaid to the state
must be credited to the general fund. A
grant or loan may not be made to a person or entity for the operation or
expansion of a casino or a store which is used solely or principally for retail
sales. Persons or entities receiving
grants or loans must pay each employee total compensation, including benefits
not mandated by law, that on an annualized basis is equal to at least 110
percent of the federal poverty level for a family of four.
Sec. 17. Minnesota
Statutes 2002, section 116J.8731, subdivision 7, is amended to read:
Subd. 7. [CONTRACTUAL
OBLIGATION.] A business receiving Minnesota investment fund grants must
demonstrate why the grant is necessary for a project and enter into an
agreement with the local grantor. The
agreement, among other things, must obligate the recipient to pay the minimum
compensation set by this section and meet job creation or job enhancement
goals. A recipient that breaches the
agreement must repay the grant directly to the commissioner. Repayments under this subdivision must be
deposited in the general fund. If
the commissioner determines, during the repayment period of a Minnesota
investment fund loan, that the project for which the loan was made is
in imminent danger of ceasing operations due to financial difficulties,
the commissioner may elect to delay loan payments due on the loan for a
period of no more than two years.
In making a determination about whether a recipient qualifies for
possible delay in payments, the commissioner must consider all available
information regarding the health of the affected business and the
industry in which it operates, the potential for displacement of workers
in the event that operations cease, and the likelihood that a delay of
payments will provide the business with a reasonable ability to improve
its financial condition.
Sec. 18. Minnesota Statutes 2002, section 116J.8764, is amended by adding
a subdivision to read:
Subd. 2a.
[ENROLLMENT OF LOANS WITHOUT COMMISSIONER'S FULL PREMIUM PAYMENT.] The
commissioner may continue to accept loans for enrollment into the
program even if the amount of funds contained in the account is zero or
an amount less than the full amount that is required to be transferred
under section 116J.8765, subdivision 2, paragraph (a), (b), or (c).
Sec. 19. Minnesota
Statutes 2002, section 116J.955, subdivision 2, is amended to read:
Subd. 2. [EXPENDITURE
OF ACCOUNT.] The commissioner may use the rural rehabilitation account for the
purposes that are allowed under the Minnesota rural rehabilitation
corporation's charter and agreement with, as may be amended or
modified by, the United States Secretary of Agriculture as provided in
Public Law Number 499, 81st Congress, enacted May 3, 1950 and as allowed under
Laws 1987, chapter 386, article 1. Not
more than three percent of the combined book value of the Minnesota
rural rehabilitation corporation's assets account and the regional
revolving funds may be used for administrative purposes in a year
without approval of the United States Secretary of Agriculture. Any funds used for administrative
purposes may only be drawn from money remaining in the Minnesota rural
rehabilitation account.
Sec. 20. Minnesota
Statutes 2002, section 116J.966, subdivision 1, is amended to read:
Subdivision 1.
[GENERALLY.] (a) The commissioner shall promote, develop, and facilitate
trade and foreign investment in Minnesota.
In furtherance of these goals, and in addition to the powers granted by
section 116J.035, the commissioner may:
(1) locate, develop, and promote international markets for
Minnesota products and services;
(2) arrange and lead trade missions to countries with promising
international markets for Minnesota goods, technology, services, and
agricultural products;
(3) promote Minnesota products and services at domestic and
international trade shows;
(4) organize, promote, and present domestic and international
trade shows featuring Minnesota products and services;
(5) host trade delegations and assist foreign traders in
contacting appropriate Minnesota businesses and investments;
(6) develop contacts with Minnesota businesses and gather and
provide information to assist them in locating and communicating with
international trading or joint venture counterparts;
(7) provide information, education, and counseling services to
Minnesota businesses regarding the economic, commercial, legal, and cultural
contexts of international trade;
(8) provide Minnesota businesses with international trade leads
and information about the availability and sources of services relating to
international trade, such as export financing, licensing, freight forwarding,
international advertising, translation, and custom brokering;
(9) locate, attract, and promote foreign direct investment and
business development in Minnesota to enhance employment opportunities in
Minnesota;
(10) provide foreign businesses and
investors desiring to locate facilities in Minnesota information regarding
sources of governmental, legal, real estate, financial, and business services;
(11) enter into contracts or other agreements with private
persons and public entities, including agreements to establish and maintain
offices and other types of representation in foreign countries, to carry out
the purposes of promoting international trade and attracting investment from
foreign countries to Minnesota and to carry out this section, without regard to
section 16C.06; and
(12) market trade-related materials to businesses and
organizations, and the proceeds of which must be placed in a special revolving
account and are appropriated to the commissioner to prepare and distribute
trade-related materials.
(b) The commissioner may expend money to carry out this section. Promotional expenses include, but are not
limited to, expenses for the food, lodging, and travel of consultants
and speakers, and publications and other forms of advertising.
(c) The programs and activities of the commissioner of
trade and economic development and the Minnesota trade division may not
duplicate programs and activities of the commissioner of agriculture or the
Minnesota world trade center.
(c) (d) The commissioner shall notify the chairs
of the senate finance and house appropriations committees of each agreement
under this subdivision to establish and maintain an office or other type of
representation in a foreign country.
Sec. 21. Minnesota
Statutes 2002, section 116J.994, subdivision 4, is amended to read:
Subd. 4. [WAGE AND JOB
GOALS.] The subsidy agreement, in addition to any other goals, must
include: (1) goals for the number of
jobs created, which may include separate goals for the number of part-time or
full-time jobs, or, in cases where job loss is specific and demonstrable, goals
for the number of jobs retained; and (2) wage goals for the any
jobs created or retained; and (3) wage goals for any jobs to be enhanced
through increased wages.
After a public hearing, if the creation or retention of jobs is
determined not to be a goal, the wage and job goals may be set at zero.
In addition to other specific goal time frames, the wage and
job goals must contain specific goals to be attained within two years of the
benefit date.
Sec. 22. Minnesota
Statutes 2002, section 116J.995, is amended to read:
116J.995 [ECONOMIC GRANTS.]
An appropriation rider in an appropriation to the department of
trade and economic development that specifies that the appropriation be granted
to a particular business or class of businesses must contain a statement of the
expected benefits associated with the grant.
At a minimum, the statement must include goals for the number of jobs
created or enhanced, wages paid, and the tax revenue increases due to
the grant. The wage and job goals must
contain specific goals to be attained within two years of the benefit
date. The statement must specify the
recipient's obligation if the recipient does not attain the goals. At a minimum, the statement must require a
recipient failing to meet the job and wage goals to pay back the assistance
plus interest to the department of trade and economic development provided that
repayment may be prorated to reflect partial fulfillment of goals. The interest rate must be set at no less
than the implicit price deflator as defined under section 116J.994, subdivision
6. The legislature, after a public
hearing, may extend for up to one year the period for meeting the goals
provided in the statement.
Sec. 23. Minnesota Statutes 2002, section 116L.02, is amended to read:
116L.02 [JOB SKILLS PARTNERSHIP PROGRAM.]
(a) The Minnesota job skills partnership program is created to
act as a catalyst to bring together employers with specific training needs with
educational or other nonprofit institutions which can design programs to fill
those needs. The partnership shall work
closely with employers to prepare, train and place prospective or
incumbent workers in identifiable positions as well as assisting
educational or other nonprofit institutions in developing training programs
that coincide with current and future employer requirements. The partnership shall provide grants to
educational or other nonprofit institutions for the purpose of training
workers. A participating business must
match the grant-in-aid made by the Minnesota job skills partnership. The match may be in the form of funding,
equipment, or faculty.
(b) The partnership program shall administer the health care
and human services worker training and retention program under sections 116L.10
to 116L.15.
(c) The partnership program is authorized to use funds to
pay for training for individuals who have incomes at or below 200
percent of the federal poverty line.
The board may grant funds to eligible recipients to pay for
board-certified training. Eligible recipients of grants may include
public, private, or nonprofit entities that provide employment services
to low-income individuals.
Sec. 24. Minnesota
Statutes 2002, section 116L.04, subdivision 1, is amended to read:
Subdivision 1.
[PARTNERSHIP PROGRAM.] (a) The partnership program may provide
grants-in-aid to educational or other nonprofit educational institutions using
the following guidelines:
(1) the educational or other nonprofit educational institution
is a provider of training within the state in either the public or private
sector;
(2) the program involves skills training that is an area of
employment need; and
(3) preference will be given to educational or other nonprofit
training institutions which serve economically disadvantaged people,
minorities, or those who are victims of economic dislocation and to businesses
located in rural areas.
(b) A single grant to any one institution shall not exceed
$400,000. Up to 25 percent of a
grant may be used for preemployment training.
Sec. 25. Minnesota
Statutes 2002, section 116L.04, subdivision 1a, is amended to read:
Subd. 1a. [PATHWAYS
PROGRAM.] The pathways program may provide grants-in-aid for developing
programs which assist in the transition of persons from welfare to work and
assist individuals at or below 200 percent of the federal poverty
guidelines. The program is to be
operated by the board. The board shall
consult and coordinate with program administrators at the department of
economic security to design and provide services for temporary assistance for
needy families recipients.
Pathways grants-in-aid may be awarded to educational or other
nonprofit training institutions for education and training programs and
services supporting education and training programs that serve eligible
recipients.
Preference shall be given to projects that:
(1) provide employment with benefits paid to employees;
(2) provide employment where there are defined career paths
for trainees;
(3) pilot the development of an educational pathway that can be
used on a continuing basis for transitioning persons from welfare to work; and
(4) demonstrate the active participation of department of
economic security workforce centers, Minnesota state college and university
institutions and other educational institutions, and local welfare agencies.
Pathways projects must demonstrate the active involvement and
financial commitment of private business.
Pathways projects must be matched with cash or in-kind contributions on
at least a one-to-one ratio by participating private business.
A single grant to any one institution shall not exceed
$400,000.
The board shall annually, by March 31, report to the
commissioners of economic security and trade and economic development on
pathways programs, including the number of recipients participating in the
program, the number of participants placed in employment, the salary and benefits
they receive, and the state program costs per participant.
Sec. 26. Minnesota
Statutes 2002, section 116L.12, subdivision 4, is amended to read:
Subd. 4. [GRANTS.]
Within the limits of available appropriations, the board shall make grants not
to exceed $400,000 each to qualifying consortia to operate local, regional, or
statewide training and retention programs.
Grants may be made from TANF funds, general fund appropriations, and any
other funding sources available to the board, provided the requirements of
those funding sources are satisfied. Up
to 25 percent of a grant may be used for preemployment training.
Grant awards must establish specific, measurable outcomes and timelines for
achieving those outcomes.
Sec. 27. Minnesota
Statutes 2002, section 116L.17, subdivision 2, is amended to read:
Subd. 2. [GRANTS.] The
board shall make grants to workforce service areas or other eligible
organizations to provide services to dislocated workers. The board shall allocate funds available for
the purposes of this section in its discretion to respond to large
layoffs. The board shall regularly
allocate funds to provide services to individual dislocated workers or small
groups. The allocation for this purpose
must be no less than 35 percent and no more than 50 percent of the projected
actual collections, interest and other earnings of the workforce
development fund during the period for which the allocation is made, less any
collection costs paid out of the fund and any amounts appropriated by the
legislature from the workforce development fund for programs other than
the state dislocated worker program. The board shall consider the need for services to individual
workers and workers in small layoffs in comparison to those in large layoffs
relative to the needs in previous years when making this allocation. The board may, in its discretion, allocate
funds carried forward from previous years under subdivision 9 for large, small,
or individual layoffs.
Sec. 28. Minnesota
Statutes 2002, section 116L.17, subdivision 3, is amended to read:
Subd. 3. [ALLOCATION OF
FUNDS.] The board, in consultation with local workforce councils and local
elected officials, shall develop a method of distributing funds to provide
services for dislocated workers who are dislocated as a result of small or
individual layoffs. The board shall
consider current requests for services and the likelihood of future layoffs
when making this allocation. The board
shall consider factors for determining the allocation amounts that include, but
are not limited to, the previous year's obligations and projected layoffs. After the first quarter of the program year,
the board shall evaluate the obligations by workforce service areas for the purpose of reallocating funds
to workforce service areas with increased demand for services. Periodically throughout the program year,
the board shall consider making additional allocations to the workforce service
areas with a demonstrated need for increased funding. The board shall make an initial determination regarding
allocations under this subdivision by July 15, 2001, and in subsequent years
shall make a determination by April June 15.
Sec. 29. Minnesota
Statutes 2002, section 116L.17, subdivision 8, is amended to read:
Subd. 8.
[ADMINISTRATIVE COSTS.] No more than three five percent of
the funds appropriated to the board for the purposes of this section may be
spent by the board for its administrative costs.
Sec. 30. Minnesota
Statutes 2002, section 116L.17, is amended by adding a subdivision to read:
Subd. 9. [RAPID
RESPONSE ACTIVITIES.] The commissioner shall be responsible for
implementing the following rapid response activities:
(1) establishing on-site contact with employer and employee
representatives within a short period of time after becoming aware of
a current or projected plant closing or substantial layoff in order to:
(i) provide information on and facilitate access to available
public programs and services; and
(ii) provide emergency assistance adapted to the particular
closure or layoff;
(2) promoting the formation of a employee-management committee
by providing:
(i) immediate assistance in the establishment of the employee-management
committee;
(ii) technical advice and information on sources of assistance
and liaison with other public and private services and programs; and
(iii) assistance in the selection of worker representatives
in the event no union is present;
(3) collecting and disseminating information related to economic
dislocation, including potential closings or layoffs, and all available
resources with the state for dislocated workers;
(4) providing or obtaining appropriate financial and technical
advice and liaison with economic development agencies and other
organizations to assist in efforts to avert dislocation;
(5) disseminating information throughout the state on the
availability of services and activities carried out by the dislocated
worker unit; and
(6) assisting the local community in developing its own coordinated
response to a plant closing or substantial layoff and access to state
economic development assistance.
Sec. 31. Minnesota
Statutes 2002, section 116M.14, subdivision 4, is amended to read:
Subd. 4. [LOW-INCOME
AREA.] "Low-income area" means Minneapolis, St. Paul, and those
cities in the metropolitan area as defined in section 473.121, subdivision 2,
that have an average income that is below 60 80 percent of the
median income for a four-person family as of the latest report by the United States
Census Bureau.
Sec. 32. [NAFTA AND
FTAA REVIEW AND REPORT.]
The commissioner of trade and economic development shall
analyze and report to the legislature on the negative and positive
impacts of the North American Free Trade Agreement (NAFTA) and its
pending expansion to 34 more countries in South and Central America
under the pending Free Trade Areas of the Americas (FTAA). The analysis shall include but not be
limited to:
(1) the number of manufacturing jobs in Minnesota lost or
gained to foreign competition and the sectors expected to experience
job losses;
(2) the restrictions on public subsidies for economic development,
job creation and job training including tax free zones, enterprise
zones, tourism promotion, bio-research promotion;
(3) the treatment of foreign investors as compared to domestic
investors;
(4) subsidies for housing; and
(5) other trade agreement rules that potentially conflict
with state or local law-making authority and opportunities to promote
economic development in Minnesota.
The commissioner shall report preliminary findings to the
chairs of the house jobs and economic development and commerce committees
and the senate jobs and economic development and commerce committees by
July 15, 2003. The commissioner shall
make a final report by January 1, 2004, in order to allow the Minnesota
legislature and governor the option to join with other states who are
expressing their concerns about potential loss or gains of state and
local governing authority to the United States Trade Representative, who
is currently engaged in private negotiations in which the state and the
governor have no representative to protect state and local sovereignty.
Sec. 33. [REPEALER.]
Minnesota Statutes 2002, sections 13.598, subdivision 2;
116J.411, subdivision 3; 116J.415, subdivisions 6, 9, and 10; 116J.693;
116J.9665; and 116L.03, subdivision 7, are repealed.
ARTICLE
7
VAPOR
RECOVERY
Section 1. Minnesota
Statutes 2002, section 115C.09, is amended by adding a subdivision to read:
Subd. 3j.
[RETAIL LOCATIONS AND TRANSPORT VEHICLES.] (a) As used in this
subdivision, "retail location" means a facility located in the
metropolitan area as defined in section 473.121, subdivision 2, where
gasoline is offered for sale to the general public for use in
automobiles and trucks. "Transport
vehicle" means a liquid fuel cargo tank used to deliver gasoline
into underground storage tanks during 2002 at a retail location.
(b) Notwithstanding any other provision in this chapter,
and any rules adopted under this chapter, the board shall reimburse
90 percent of an applicant's cost for retrofits of retail locations and
transport vehicles completed between January 1, 2001, and January 1,
2006, to comply with section 116.49, subdivisions 3 and 4, provided that
the board determines the costs were incurred and reasonable. The reimbursement may not exceed
$3,000 per retail location and $3,000 per transport vehicle.
Sec. 2. Minnesota
Statutes 2002, section 116.073, subdivision 1, is amended to read:
Subdivision 1.
[AUTHORITY TO ISSUE.] (a) Pollution control agency staff designated by
the commissioner and department of natural resources conservation officers may
issue citations to a person who:
(1) disposes of solid waste as defined in section 116.06,
subdivision 22, at a location not authorized by law for the disposal of solid
waste without permission of the owner of the property;
(2) fails to report or recover discharges as required under
section 115.061; or
(3) fails to take discharge preventive or preparedness measures
required under chapter 115E; or
(4) fails to install or use vapor recovery equipment during
the transfer of gasoline from a transport delivery vehicle to an underground
storage tank as required in section 116.49, subdivisions 3 and 4.
(b) In addition, pollution control agency staff designated by
the commissioner may issue citations to owners and operators of facilities
dispensing petroleum products who violate sections 116.46 to 116.50 and
Minnesota Rules, chapters 7150 and 7151 and parts 7001.4200 to 7001.4300. A citation issued under this subdivision
must include a requirement that the person cited remove and properly dispose of
or otherwise manage the waste or discharged oil or hazardous substance, reimburse
any government agency that has disposed of the waste or discharged oil or
hazardous substance and contaminated debris for the reasonable costs of
disposal, or correct any storage tank violations.
(c) Until June 1, 2004, citations for violation of sections
115E.045 and 116.46 to 116.50 and Minnesota Rules, chapters 7150 and 7151, may
be issued only after the owners and operators have had a 90-day period to
correct violations stated in writing by pollution control agency staff, unless
there is a discharge associated with the violation or the violation is of
Minnesota Rules, part 7151.6400, subpart 1, item B, or 7151.6500.
Sec. 3. Minnesota
Statutes 2002, section 116.073, subdivision 2, is amended to read:
Subd. 2. [PENALTY
AMOUNT.] The citation must impose the following penalty amounts:
(1) $100 per major appliance, as defined in section 115A.03,
subdivision 17a, up to a maximum of $2,000;
(2) $25 per waste tire, as defined in section 115A.90,
subdivision 11, up to a maximum of $2,000;
(3) $25 per lead acid battery governed by section 115A.915, up
to a maximum of $2,000;
(4) $1 per pound of other solid waste or $20 per cubic foot up
to a maximum of $2,000;
(5) up to $200 for any amount of waste that escapes from a
vehicle used for the transportation of solid waste if, after receiving actual
notice that waste has escaped the vehicle, the person or company transporting
the waste fails to immediately collect the waste;
(6) $50 per violation of rules adopted under section 116.49, relating
to underground storage tank system design, construction, installation, and
notification requirements, up to a maximum of $2,000;
(7) $250 per violation of rules adopted under section 116.49,
relating to upgrading of existing underground storage tank systems, up to a
maximum of $2,000;
(8) $100 per violation of rules adopted under section
116.49, relating to underground storage tank system general operating
requirements, up to a maximum of $2,000;
(9) $250 per violation of rules adopted under section 116.49,
relating to underground storage tank system release detection requirements, up
to a maximum of $2,000;
(10) $50 per violation of rules adopted under section 116.49,
relating to out-of-service underground storage tank systems and closure, up to
a maximum of $2,000;
(11) $50 per violation of sections 116.48 to 116.491 relating
to underground storage tank system notification, monitoring, environmental
protection, and tank installers training and certification requirements, up to
a maximum of $2,000;
(12) $25 per gallon of oil or hazardous substance discharged
which is not reported or recovered under section 115.061, up to a maximum of
$2,000;
(13) $1 per gallon of oil or hazardous substance being stored,
transported, or otherwise handled without the prevention or preparedness
measures required under chapter 115E, up to a maximum of $2,000; and
(14) $250 per violation of Minnesota Rules, parts 7001.4200 to
7001.4300 or chapter 7151, related to aboveground storage tank systems, up to a
maximum of $2,000; and
(15) $250 per delivery made in violation of section 116.49,
subdivision 3 or 4, levied against:
(i) the retail location if vapor recovery equipment is not
installed or maintained properly;
(ii) the carrier if the transport delivery vehicle is not
equipped with vapor recovery equipment; or
(iii) the driver for failure to use supplied vapor recovery
equipment.
Sec. 4. Minnesota
Statutes 2002, section 116.46, is amended by adding a subdivision to read:
Subd. 7a. [RETAIL
LOCATION.] "Retail location" means a facility located in
the metropolitan area as defined in section 473.121, subdivision 2,
where gasoline is offered for sale to the general public for use in
automobiles and trucks.
Sec. 5. Minnesota
Statutes 2002, section 116.46, is amended by adding a subdivision to read:
Subd. 7b.
[TRANSPORT DELIVERY VEHICLE.] "Transport delivery
vehicle" means a liquid fuel cargo tank used to deliver gasoline
into underground storage tanks.
Sec. 6. Minnesota
Statutes 2002, section 116.46, is amended by adding a subdivision to read:
Subd. 9. [VAPOR
RECOVERY SYSTEM.] "Vapor recovery system" means a system
which transfers vapors from underground storage tanks during the filling
operation to the storage compartment of the transport vehicle delivering
gasoline.
Sec. 7. Minnesota
Statutes 2002, section 116.49, is amended by adding a subdivision to read:
Subd. 3. [VAPOR
RECOVERY SYSTEM.] Every underground gasoline storage tank at a retail
location must be fitted with vapor recovery equipment by January 1,
2006. The equipment must be
certified by the manufacturer as
capable of collecting 95 percent of hydrocarbons emitted during gasoline
transfers from a transport delivery vehicle to an underground storage
tank. Product delivery and vapor recovery access points must be on the
same side of the transport vehicle when the transport vehicle is positioned
for delivery into the underground tank.
After January 1, 2006, no gasoline may be delivered to a retail
location that is not equipped with a vapor recovery system.
Sec. 8. Minnesota
Statutes 2002, section 116.49, is amended by adding a subdivision to read:
Subd. 4. [VAPOR
RECOVERY ON TRANSPORTS.] All transport delivery vehicles that deliver
gasoline into underground storage tanks in the metropolitan area as
defined in section 473.121, subdivision 2, must be fitted with vapor
recovery equipment. The equipment must recover and manage 95 percent of
hydrocarbons emitted during the transfer of gasoline from the underground
storage tank and the transport delivery vehicle by January 1, 2006. After January 1, 2006, no gasoline may be
delivered to a retail location by a transport vehicle that is not fitted
with vapor recovery equipment.
Sec. 9. Minnesota
Statutes 2002, section 116.50, is amended to read:
116.50 [PREEMPTION.]
Sections 116.46 to 116.49 preempt conflicting local and
municipal rules or ordinances requiring notification or establishing
environmental protection requirements for underground storage tanks. A state agency or local unit of government
may not adopt rules or ordinances establishing or requiring vapor
recovery for underground storage tanks.
ARTICLE
8
MISCELLANEOUS
Section 1. Minnesota
Statutes 2002, section 13.462, subdivision 2, is amended to read:
Subd. 2. [PUBLIC DATA.]
The names and addresses of applicants for and recipients of benefits, aid, or
assistance through programs administered by any political subdivision, state
agency, or statewide system that are intended to assist with the purchase of,
rehabilitation, or other purposes related to housing or other real
property are classified as public data on individuals. If an applicant or recipient is a
corporation, the names and addresses of the officers of the corporation
are public data on individuals.
If an applicant or recipient is a partnership, the names and
addresses of the partners are public data on individuals. The amount or value of benefits, aid, or
assistance received is public data.
Sec. 2. Minnesota
Statutes 2002, section 16B.35, subdivision 1, is amended to read:
Subdivision 1. [PERCENT
OF APPROPRIATIONS FOR ART.] An appropriation for the construction or alteration
of any state building may contain an amount not to exceed the lesser of $100,000
or one percent of the total appropriation for the building for the
acquisition of works of art, excluding landscaping, which may be an integral
part of the building or its grounds, attached to the building or grounds or
capable of being displayed in other state buildings. Money used for this purpose is available only for the acquisition
of works of art to be exhibited in areas of a building or its grounds
accessible, on a regular basis, to members of the public. No more than ten percent of the
total amount available each fiscal year under this subdivision may be
used for administrative expenses, either by the commissioner of
administration or by any other entity to whom the commissioner delegates
administrative authority. For the
purposes of this section "state building" means a building the
construction or alteration of which is paid for wholly or in part by the state.
Sec. 3. Minnesota Statutes 2002, section 43A.24, subdivision 2, is
amended to read:
Subd. 2. [OTHER
ELIGIBLE PERSONS.] The following persons are eligible for state paid life
insurance and hospital, medical, and dental benefits as determined in
applicable collective bargaining agreements or by the commissioner or by plans
pursuant to section 43A.18, subdivision 6, or by the board of regents for employees
of the University of Minnesota not covered by collective bargaining
agreements. Coverages made available,
including optional coverages, are as contained in the plan established pursuant
to section 43A.18, subdivision 2:
(a) a member of the state legislature, provided that changes in
benefits resulting in increased costs to the state shall not be effective until
expiration of the term of the members of the existing house of
representatives. An eligible member of
the state legislature may decline to be enrolled for state paid coverages by
filing a written waiver with the commissioner.
The waiver shall not prohibit the member from enrolling the member or
dependents for optional coverages, without cost to the state, as provided for
in section 43A.26. A member of the
state legislature who returns from a leave of absence to a position previously
occupied in the civil service shall be eligible to receive the life insurance
and hospital, medical, and dental benefits to which the position is entitled;
(b) an employee of the legislature or an employee of a
permanent study or interim committee or commission or a state employee on leave
of absence to work for the legislature, during a regular or special legislative
session, as determined by the legislative coordinating commission;
(c) a judge of the appellate courts or an officer or employee
of these courts; a judge of the district court, a judge of county court, or a
judge of county municipal court; a district court referee, judicial officer,
court reporter, or law clerk; a district administrator; an employee of the
office of the district administrator that is not in the second or fourth
judicial district; a court administrator or employee of the court administrator
in a judicial district under section 480.181, subdivision 1, paragraph (b), and
a guardian ad litem program employee;
(d) a salaried employee of the public employees retirement
association;
(e) a full-time military or civilian officer or employee in the
unclassified service of the department of military affairs whose salary is paid
from state funds;
(f) a salaried employee of the Minnesota historical society,
whether paid from state funds or otherwise, who is not a member of the
governing board;
(g) an employee of the regents of the University of Minnesota;
(h) notwithstanding section 43A.27, subdivision 3, an employee
of the state of Minnesota or the regents of the University of Minnesota who is
at least 60 and not yet 65 years of age on July 1, 1982, who is otherwise
eligible for employee and dependent insurance and benefits pursuant to section
43A.18 or other law, who has at least 20 years of service and retires, earlier
than required, within 60 days of March 23, 1982; or an employee who is at least
60 and not yet 65 years of age on July 1, 1982, who has at least 20 years of
state service and retires, earlier than required, from employment at Rochester
state hospital after July 1, 1981; or an employee who is at least 55 and not
yet 65 years of age on July 1, 1982, and is covered by the Minnesota state
retirement system correctional employee retirement plan or the state patrol
retirement fund, who has at least 20 years of state service and retires,
earlier than required, within 60 days of March 23, 1982. For purposes of this clause, a person
retires when the person terminates active employment in state or University of
Minnesota service and applies for a retirement annuity. Eligibility shall cease when the retired
employee attains the age of 65, or when the employee chooses not to receive the
annuity that the employee has applied for.
The retired employee shall be eligible for coverages to which the
employee was entitled at the time of retirement, subject to any changes in
coverage through collective bargaining or plans established pursuant to section
43A.18, for employees in positions equivalent to that from which retired,
provided that the retired employee shall not be eligible for state-paid life
insurance. Coverages shall be coordinated
with relevant health insurance benefits provided through the federally
sponsored Medicare program;
(i) an employee of an agency of the
state of Minnesota identified through the process provided in this paragraph
who is eligible to retire prior to age 65.
The commissioner and the exclusive representative of state employees
shall enter into agreements under section 179A.22 to identify employees whose
positions are in programs that are being permanently eliminated or reduced due
to federal or state policies or practices. Failure to reach agreement
identifying these employees is not subject to impasse procedures provided in
chapter 179A. The commissioner must
prepare a plan identifying eligible employees not covered by a collective
bargaining agreement in accordance with the process outlined in section 43A.18,
subdivisions 2 and 3. For purposes of
this paragraph, a person retires when the person terminates active employment
in state service and applies for a retirement annuity. Eligibility ends as provided in the
agreement or plan, but must cease at the end of the month in which the retired
employee chooses not to receive an annuity, or the employee is eligible for
employer-paid health insurance from a new employer. The retired employees shall be eligible for coverages to which
they were entitled at the time of retirement, subject to any changes in
coverage through collective bargaining or plans established under section
43A.18 for employees in positions equivalent to that from which they retired,
provided that the retired employees shall not be eligible for state-paid life
insurance;
(j) employees of the state board of public defense, with
eligibility determined by the state board of public defense in consultation
with the commissioner of employee relations; and
(k) employees of the health data institute under section
62J.451, subdivision 12, as paid for by the health data institute;
(l) employees of supporting organizations of Minnesota Technology,
Inc., established after July 1, 2003, under section 116O.05, subdivision
4, as paid for by the supporting organization; and
(m) employees of Minnesota Project Innovation, as paid for
by Minnesota Project Innovation.
Sec. 4. Minnesota
Statutes 2002, section 116O.03, subdivision 2, is amended to read:
Subd. 2. [BOARD OF
DIRECTORS.] The corporation is governed by a board of 15 directors. The selection, membership terms,
compensation, removal, and filling of vacancies of public members of the
board are as provided in section 15.0575 the corporation's
bylaws. Membership of the board
consists of the following:
(1) a person from the private sector, appointed by the
governor, who shall act as chair and serve as chief science advisor to the
governor and the legislature;
(2) the dean of the institute of technology of the
University of Minnesota;
(3) the dean of the graduate school of the University of
Minnesota;
(4) the commissioner of the department of trade and economic
development;
(5) the commissioner of administration;
(6) six members appointed by the governor, at least one of
whom must be a person from a public post-secondary system other than the
University of Minnesota; and
(7) one member who is not a member of the legislature
appointed by each of the following: the
speaker of the house of representatives, the house of representatives minority
leader, the senate majority leader, and the senate minority leader.
At least 50 percent of the members
described in clauses (6) and (7) must live outside the metropolitan area as
defined in section 473.121, subdivision 2, and must have experience in
manufacturing, the technology industry, or research and development.
Sec. 5. Minnesota
Statutes 2002, section 116O.091, subdivision 7, is amended to read:
Subd. 7. [ADVISORY
COMMITTEES.] An advisory committee is created to assist in selecting vendors
and evaluating the corporation's project outreach activities. The advisory committee shall include the
president of the University of Minnesota or the president's designee, the
commissioner of trade and economic development or the commissioner's designee,
the chair of the Minnesota Technology, Inc., board of directors or the chair's
designee, a member of the state senate appointed by the subcommittee on
committees of the senate rules and administration committee, a member of the
house of representatives appointed by the speaker, and at least five users of
project outreach services appointed by the named members. The advisory committee expires June 30,
2004.
Sec. 6. Minnesota
Statutes 2002, section 116O.12, is amended to read:
116O.12 [MINNESOTA TECHNOLOGY ACCOUNT.]
(a) The Minnesota technology account is in the special
revenue fund. Money in the account not
needed for the immediate purposes of the corporation may be invested by the
state board of investment in any way authorized by section 11A.24. Money in the account is appropriated to the
corporation to be used as provided in this chapter.
(b) The account consists of:
(1) money appropriated and transferred from other state
funds;
(2) fees and charges collected by the corporation;
(3) income from investments and purchases;
(4) revenue from loans, rentals, royalties, dividends, and
other proceeds collected in connection with lawful corporate purposes;
(5) gifts, donations, and bequests made to the corporation;
and
(6) other income credited to the account by law.
Sec. 7. Minnesota
Statutes 2002, section 154.18, is amended to read:
154.18 [FEES.]
(a) The fees collected, as required in this chapter,
chapter 214, and the rules of the board, shall be paid in advance to the
executive secretary of the board. The
executive secretary shall deposit the fees in the state treasury, to be
disbursed by the executive secretary on the order of the chair in payment of
expenses lawfully incurred by the board.
(b) The board shall charge the following fees:
(1) examination and certificate, registered barber, $65;
(2) examination and certificate apprentice, $60;
(3) examination, instructor, $160;
(4) certificate, instructor, $45;
(5) temporary teacher or apprentice permit, $50;
(6) renewal of license, registered barber, $50;
(7) renewal of license, apprentice, $45;
(8) renewal of license, instructor, $60;
(9) renewal of temporary teacher permit, $35;
(10) student permit, $25;
(11) initial shop registration, $60;
(12) initial school registration, $1,010;
(13) renewal shop registration, $60;
(14) renewal school registration, $260;
(15) restoration of registered barber license, $75;
(16) restoration of apprentice license, $70;
(17) restoration of shop registration, $85;
(18) change of ownership or location, $35;
(19) duplicate license, $20; and
(20) home study course, $75.
Sec. 8. Minnesota
Statutes 2002, section 216A.03, subdivision 1, is amended to read:
Subdivision 1.
[MEMBERS.] The public utilities commission shall consist of five
members. The terms of members shall be
six years and until their successors have been appointed and qualified. Each commissioner shall be appointed by the
governor by and with the advice and consent of the senate. Not more than three commissioners shall
belong to the same political party. At least one commissioner two
commissioners must have been be domiciled at the time of
appointment outside the seven-county metropolitan area. Of these two commissioners, at least one
must be domiciled outside a city of the first or second class, as
defined in section 410.01, at the time of initial appointment. If the membership of the commission after July
31, 1986 August 1, 2003, does not consist of at least one member
two members domiciled at the time of appointment outside the
seven-county metropolitan area, the membership shall conform to this
requirement following normal attrition of the present commissioners. The governor when selecting commissioners
shall give consideration to persons learned in the law or persons who have
engaged in the profession of engineering, public accounting, property and
utility valuation, finance, physical or natural sciences, production agriculture,
or natural resources as well as being representative of the general public.
For purposes of this subdivision, "seven-county
metropolitan area" means Anoka, Carver, Dakota, Hennepin, Ramsey, Scott,
and Washington counties.
Sec. 9. Minnesota
Statutes 2002, section 326.105, is amended to read:
326.105 [FEES.]
The fee for licensure or renewal of licensure as an architect,
professional engineer, land surveyor, landscape architect, or geoscience
professional is $120 $132 per biennium. The fee for certification
as a certified interior designer or for renewal of the certificate is $120
$132 per biennium. The fee for
an architect applying for original certification as a certified interior
designer is $50 per biennium. The
initial license or certification fee for all professions is $120 $132.
The renewal fee shall be paid biennially on or before June 30 of each
even-numbered year. The renewal fee,
when paid by mail, is not timely paid unless it is postmarked on or before June
30 of each even-numbered year. The
application fee is $25 for in-training applicants and $75 for professional
license applicants.
The fee for monitoring licensing examinations for applicants is
$25, payable by the applicant.
Sec. 10. Minnesota
Statutes 2002, section 461.12, subdivision 2, is amended to read:
Subd. 2.
[ADMINISTRATIVE PENALTIES; LICENSEES.] (a) If a licensee or
employee of a licensee sells tobacco to a person under the age of 18 years, or
violates any other provision of this chapter, the licensee shall be charged an
administrative penalty of $75 up to $500. An administrative penalty of $200 up
to a maximum of $1,000 must be imposed for a second violation at the
same location within 24 months after the initial violation. An
administrative penalty of up to a maximum of $5,000 may be imposed for a
third violation at the same location within 24 months after the initial
violation. For a third subsequent
violation at the same location within 24 months after the initial violation, both
of the following may be imposed:
(1) an administrative penalty of $250 must be
imposed, and up to $5,000; and
(2) the licensee's authority to sell tobacco at that
location must may be suspended for not less than up to
a maximum of seven days.
(b) The licensing authority may suspend or revoke a tobacco
license if the licensee fails to act on any of the following:
(1) imposition of disciplinary sanctions of an employee with
multiple noncompliant sales to a minor;
(2) failure to effectively train or retrain any employee on
applicable laws and how to prevent sales of tobacco to minors; or
(3) failure to adopt and enforce a written employee policy
to prevent the sale of tobacco to minors.
(c) No suspension or penalty may take effect until the
licensee has received notice, served personally or by mail, of the alleged
violation and an opportunity for a hearing before a person authorized by the
licensing authority to conduct the hearing.
(d) In determining the amount of a penalty and the length
of a license suspension, the local licensing authority shall take
into consideration as mitigating circumstances evidence provided by a
licensee of a licensee's adoption and enforcement of a written employee
policy to prevent the sale of tobacco to minors, a licensee's training program
to instruct employees on applicable laws and how to prevent sales of
tobacco to minors, a licensee's adoption and imposition of disciplinary
sanctions for employee noncompliance with the licensee's policies, a
licensee's policy of conducting voluntary internal compliance checks
to test compliance with section 609.685, and whether a licensee or a
licensee's employee verified the age of the customer during the
transaction in question and reasonably relied on the age verification to
complete the sale. A decision that
a violation has occurred must be in writing and must include a
summary of the mitigating circumstances considered by the local
licensing authority in assessing a penalty or a license suspension.
Sec. 11. Minnesota
Statutes 2002, section 461.19, is amended to read:
461.19 [EFFECT ON LOCAL ORDINANCE; NOTICE.]
Sections 461.12 to 461.18 do not preempt a local ordinance that
provides for more restrictive regulation of tobacco sales, except
that on and after the effective date of this act, a licensing authority
shall not assess or impose a penalty on a licensee or an employee of a
licensee that is greater than the administrative penalties set forth in
section 461.12, subdivisions 2 and 3. A governing body shall give notice of its intention to consider
adoption or substantial amendment of any local ordinance required under section
461.12 or permitted under this section.
The governing body shall take reasonable steps to send notice by mail at
least 30 days prior to the meeting to the last known address of each licensee
or person required to hold a license under section 461.12. The notice shall state the time, place, and
date of the meeting and the subject matter of the proposed ordinance.
Sec. 12. Minnesota
Statutes 2002, section 624.20, subdivision 1, is amended to read:
Subdivision 1. (a) As
used in sections 624.20 to 624.25, the term "fireworks" means any
substance or combination of substances or article prepared for the purpose of
producing a visible or an audible effect by combustion, explosion,
deflagration, or detonation, and includes blank cartridges, toy cannons, and
toy canes in which explosives are used, the type of balloons which require fire
underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, daygo
bombs, sparklers other than those specified in paragraph (c), or other
fireworks of like construction, and any fireworks containing any explosive or
inflammable compound, or any tablets or other device containing any explosive
substance and commonly used as fireworks.
(b) The term "fireworks" shall not include toy
pistols, toy guns, in which paper caps containing 25/100 grains or less of
explosive compound are used and toy pistol caps which contain less than 20/100
grains of explosive mixture.
(c) The term also does not include wire or wood sparklers of
not more than 100 grams of mixture per item, other sparkling items which are
nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per
tube or a total of 200 grams or less for multiple tubes, snakes and glow worms,
smoke devices, or trick noisemakers which include paper streamers, party
poppers, string poppers, snappers, and drop pops, each consisting of not more
than twenty-five hundredths grains of explosive mixture. The use of items listed in this paragraph is
not permitted on public property. This
paragraph does not authorize the purchase of items listed in it by persons
younger than 18 years of age. The age
of a purchaser of items listed in this paragraph must be verified by
photographic identification.
(d) A local unit of government may impose an annual license
fee for the retail sale of items authorized under paragraph (c). The annual license fee of each retail seller
that is in the business of selling only the items authorized under paragraph
(c) may not exceed $350, and the annual license of each other retail
seller may not exceed $100. A local
unit of government may not:
(1) impose any fee or charge, other than the fee authorized
by this paragraph, on the retail sale of items authorized under paragraph
(c);
(2) prohibit or restrict the display of items for retail
sale authorized under paragraph (c); or
(3) impose on a retail seller any financial guarantee requirements,
including bonding or insurance provisions, containing restrictions or
conditions not imposed on the same basis on all other business
licensees.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 13. [UTILITY
REGULATORY REVIEW; RURAL CONCERNS.]
(a) The chair of the public utilities commission and the
commissioner of commerce shall jointly review the organizational structure
and regulatory procedures by which energy and telecommunications service
providers are regulated by the state. By January 15, 2004, the chair and
the commissioner shall issue a report on that review to the chairs of
the house and senate committees with jurisdiction over utility
regulation, and shall include recommendations for executive and
legislative action to ensure the state has the most representative,
cost-effective, and efficient utility regulatory system possible.
(b) A primary focus of this review must be to consider and
make recommendations for actions that could be taken to ensure the
utility regulatory structure and process takes into account the issues
and concerns of rural and center city service providers, residents, and
businesses. Items for consideration
must include:
(1) requiring the commission to hold hearings in rural Minnesota,
both on a regular basis and when an issue of special concern to rural
Minnesota is before the commission; and
(2) the establishment of a screening process for applicants
for the public utilities commission to demonstrate their understanding
and experience with regard to rural and center city utility service
issues.
Sec. 14. [REPEALER.]
(a) Minnesota Statutes, section 155A.03, subdivisions 14
and 15; and 155A.07, subdivision 9, are repealed.
(b) Minnesota Rules, part 2100.9300, subpart 1, is repealed.
Sec. 15. [EFFECTIVE
DATE.]
(a) Sections 10 and 11 are effective the day following final
enactment and apply to administrative penalties imposed on or after that
date.
(b) Sections 7, 13, and 14 are effective July 1, 2003.
(c) Section 8 is effective June 30, 2004."
Delete the title and insert:
"A bill for an act relating to state government;
appropriating money for economic development, housing, and certain agencies of
state government; modifying programs; regulating activities and practices;
modifying penalty provisions; changing terms; authorizing a registration fee;
modifying displaced homemaker provisions; increasing the petroleum inspection
fee; requiring uniform mandatory penalties against license holders and a
licensee's employees for sales to minors; providing for mitigating
circumstances in assessing penalties; amending Minnesota Statutes 2002,
sections 13.462, subdivision 2; 16B.35, subdivision 1; 17.101, subdivision 1;
41A.036, subdivision 2; 43A.24, subdivision 2; 60A.14, subdivision 1; 79.56,
subdivisions 1, 3; 115C.02, subdivision 14; 115C.08, subdivision 4; 115C.09,
subdivision 3, by adding subdivisions; 115C.11, subdivision 1; 115C.13;
116.073, subdivisions 1, 2; 116.46, by adding subdivisions; 116.49, by adding
subdivisions; 116.50; 116J.011; 116J.411, by adding a subdivision; 116J.415,
subdivisions 1, 2, 4, 5, 7, 11; 116J.553, subdivision 2; 116J.554, subdivision
2; 116J.8731, subdivisions 1, 4, 5, 7; 116J.8764, by adding a subdivision;
116J.955, subdivision 2; 116J.966, subdivision 1; 116J.994, subdivision 4;
116J.995; 116L.02; 116L.04, subdivisions 1, 1a; 116L.12, subdivision 4;
116L.17, subdivisions 2, 3, 8, by adding a subdivision; 116M.14, subdivision 4;
116O.03, subdivision 2; 116O.091, subdivision 7; 116O.12; 154.18; 175.16,
subdivision 1; 177.26, subdivisions 1, 2; 178.01; 178.03, subdivisions 1, 2;
181.9435, subdivision 1; 181.9436; 216A.03, subdivision 1; 239.10, subdivision
3; 239.101, subdivision 3; 248.10; 268.022, subdivision 1;
268A.02, by adding a subdivision; 326.105; 354D.02, subdivision 2; 461.12,
subdivision 2; 461.19; 624.20, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapters 60A; 115C; 178; repealing Minnesota Statutes 2002,
sections 13.598, subdivision 2; 116J.411, subdivision 3; 116J.415, subdivisions
6, 9, 10; 116J.693; 116J.9665; 116L.03, subdivision 7; 138.91; 155A.03,
subdivisions 14, 15; 155A.07, subdivision 9; 177.26, subdivision 3; 178.11;
Minnesota Rules, part 2100.9300, subpart 1."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Ways and Means.
The report was adopted.
Haas from the Committee on State Government Finance to which
was referred:
H. F. No. 749, A bill for an act relating to state government;
appropriating money for the general legislative and administrative expenses of
state government; modifying provisions related to state government operations;
requiring licensure of certain gambling equipment salespersons; modifying fee
provisions and providing for disposition of various fees and other revenue;
modifying provisions of various state boards and commissions; appropriating
money; amending Minnesota Statutes 2002, sections 10A.02, by adding
subdivisions; 10A.09, subdivision 6, by adding a subdivision; 10A.31,
subdivision 4; 15.50, subdivision 1; 16A.17, by adding a subdivision; 16A.40;
16E.09, subdivision 1; 197.608; 240.03; 240.10; 240.15, subdivision 6; 240.155,
subdivision 1; 240A.03, subdivisions 10, 15; 240A.04; 240A.06, subdivision 1;
270.052; 270.44; 270.45; 270A.07, subdivision 1; 349.12, subdivision 25, by
adding a subdivision; 349.151, subdivisions 4, 4b; 349.155, subdivision 3;
349.16, subdivision 6; 349.161, subdivisions 1, 4, 5; 349.162, subdivision 1;
349.163, subdivisions 2, 6; 349.164, subdivision 4; 349.165, subdivision 3;
349.166, subdivisions 1, 2; 349A.08, subdivision 5; 474A.21; Laws 1998, chapter
366, section 80, as amended; proposing coding for new law in Minnesota
Statutes, chapters 10A, 16A; repealing Minnesota Statutes 2002, section 16A.87;
Minnesota Rules, part 1950.1070.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE
1
APPROPRIATIONS
Section 1. [STATE
GOVERNMENT APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS"
are appropriated from the general fund, or another named fund, to the agencies
and for the purposes specified in this act, to be available for the fiscal
years indicated for each purpose. The
figures "2004" and "2005," where used in this act, mean
that the appropriation or appropriations listed under them are available for
the year ending June 30, 2004, or June 30, 2005, respectively. The term "first year" means the
fiscal year ending June 30, 2004, and the term "second year" means
the fiscal year ending June 30, 2005.
SUMMARY
BY FUND
2004
2005 TOTAL
General
$261,933,000 $258,258,000
$520,191,000
Health
Care Access 1,782,000
1,782,000
3,564,000
State Government Special
Revenue
24,653,000
28,033,000
52,686,000
Environmental
332,000
248,000
580,000
Solid Waste
672,000
672,000
1,344,000
Special Revenue
2,947,000
2,947,000
5,894,000
Highway User Tax
Distribution
2,097,000
2,097,000
4,194,000
Workers' Compensation
7,286,000
7,349,000
14,635,000
TOTAL
$301,702,000 $301,386,000 $603,088,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Sec. 2. LEGISLATURE
Subdivision 1. Total
Appropriation
$56,426,000 $56,427,000
Summary by Fund
General 56,298,000 56,299,000
Health Care Access 128,000 128,000
The amounts that may be spent from this
appropriation for each program are specified in the following subdivisions.
Subd. 2. Senate
19,107,000 19,107,000
Subd. 3. House of
Representatives
26,135,000 26,136,000
Subd. 4. Legislative
Coordinating Commission
11,184,000 11,184,000
Summary by Fund
General 11,056,000 11,056,000
Health Care Access 128,000 128,000
During the biennium ending June 30, 2005, the
legislative coordinating commission, the office of the legislative auditor, and
the office of the revisor of statutes are not subject to the limitations in
uses of funds provided under Minnesota Statutes, section 16A.281.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
During the biennium ending June 30, 2005, a
legislative commission or subcommittee of the legislative coordinating
commission may by resolution adopt per diem payments for members attending
commission meetings that are less than the payments permitted by rules of the
house of representatives and the senate.
Sec. 3. GOVERNOR AND
LIEUTENANT GOVERNOR
3,586,000 3,586,000
This appropriation is to fund the office of the
governor and lieutenant governor.
$19,000 the first year and $19,000 the second year
are for necessary expenses in the normal performance of the governor's and
lieutenant governor's duties for which no other reimbursement is provided.
Sec. 4. ATTORNEY
GENERAL
21,816,000 21,795,000
Summary by Fund
General 20,059,000 20,059,000
State Government
Special Revenue
1,612,000
1,591,000
Environmental 145,000 145,000
Solid Waste 484,000 484,000
Sec. 5. STATE AUDITOR
8,376,000 8,376,000
Sec. 6. SECRETARY OF
STATE
5,912,000 6,032,000
Sec.
7. CAMPAIGN FINANCE AND PUBLIC
DISCLOSURE BOARD 712,000
712,000
Sec. 8. INVESTMENT
BOARD
2,167,000 2,167,000
Sec. 9. ADMINISTRATIVE
HEARINGS
7,186,000 7,249,000
This appropriation is from the workers' compensation
fund.
Fee rates charged during fiscal years 2004 and 2005
by the Administrative Law Division of the Office of Administrative Hearings
must be reduced by ten percent from fiscal year 2003 levels.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Sec.
10. OFFICE OF STRATEGIC AND LONG-RANGE
PLANNING 3,264,000
3,264,000
Sec. 11. ADMINISTRATION
Subdivision 1. Total
Appropriation
44,553,000 47,454,000
Summary by Fund
General 21,912,000 21,412,000
State Government
Special Revenue
22,641,000
26,042,000
The amounts that may be spent from this
appropriation for each program are specified in the following subdivisions.
Subd. 2. Operations
Management
2,669,000 2,669,000
Subd. 3. Office of
Technology
2,479,000 2,479,000
Subd. 4.
Intertechnologies Group
22,641,000 26,042,000
This appropriation is from
the state government special revenue fund for recurring costs of 911 emergency
telephone service.
Subd. 5. Facilities
Management
11,803,000 11,303,000
$7,888,000 the first year and $7,888,000 the
second year are for office space costs of the legislature and veterans
organizations, for ceremonial space, and for statutorily free space.
$500,000 the first year is for onetime
funding of agency relocation expenses.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
$262,000 the first year and $262,000 the second year
are for administration of the Capitol Area Architectural and Planning Board.
$1,225,000 in the first year and $1,225,000 in the
second year of the balance in the facility repair and replacement account in
the state government special revenue fund is canceled to the general fund. This amount is in addition to amounts
transferred under Minnesota Statutes, section 16B.24, subdivision 5.
Subd. 6. Management
Services
2,830,000 2,830,000
$196,000 the first year and $196,000 the
second year are for the office of the state archaeologist.
$74,000 the first year and $74,000 the second
year are for the developmental disabilities council.
Subd. 7. Public
Broadcasting
2,131,000
2,131,000
$1,378,000 the first year and $1,378,000 the
second year are for public television.
$423,000 the first year and $423,000 the
second year are for grants and contracts with the senate and house of
representatives for public information television, Internet, Intranet, and
other transmission of legislative activities.
At least one-half must go for programming to be broadcast and
transmitted to rural Minnesota.
$17,000 the first year and $17,000 the second
year are for grants to the Twin Cities regional cable channel.
$313,000 the first year and $313,000 the
second year are for grants to public educational radio stations affiliated with
the Association of Minnesota Public Educational Radio Stations.
Sec. 12. FINANCE
Subdivision 1. Total
Appropriation
15,216,000 15,216,000
The amounts that may be spent from this
appropriation for each program are specified in the following subdivisions.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Subd. 2. State
Financial Management
8,711,000
8,711,000
Subd. 3. Information
and Management Services
6,505,000 6,505,000
Sec. 13. EMPLOYEE
RELATIONS
Subdivision 1. Total
Appropriation
6,118,000 6,118,000
The amounts that may be
spent from this appropriation for each program are specified in the following
subdivisions.
Subd. 2. Employee
Insurance
63,000
63,000
Subd. 3. Human
Resources Management
6,055,000
6,055,000
Sec. 14. REVENUE
Subdivision 1. Total
Appropriation
90,942,000 92,658,000
Summary by Fund
General 86,816,000 88,616,000
Health Care Access 1,654,000 1,654,000
Highway User
Tax Distribution
2,097,000 2,097,000
Environmental 187,000 103,000
Solid Waste 188,000 188,000
The amounts that may be
spent from this appropriation for each program are specified in the following
subdivisions.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Subd. 2. Tax System
Management
77,038,000 78,254,000
Summary by Fund
General 72,912,000 74,212,000
Health Care Access 1,654,000 1,654,000
Highway User
Tax Distribution
2,097,000
2,097,000
Environmental 187,000 103,000
Solid Waste 188,000 188,000
$938,000 the first year and $2,238,000 the
second year are for additional activities to identify and collect tax
liabilities from individuals and businesses that currently do not pay all taxes
owed. This initiative is expected to
result in new general fund revenues of $32,400,000 for the biennium ending June
30, 2005.
The department must report to the chairs of
the house ways and means and senate finance committees by March 1, 2004, and
January 15, 2005, on the following performance indicators:
(1) the number of corporations noncompliant
with the corporate tax system each year and the percentage and dollar amounts
of valid tax liabilities collected;
(2) the number of businesses noncompliant
with the sales and use tax system and the percentage and dollar amounts of the
valid tax liabilities collected; and
(3) the number of individual noncompliant
cases resolved and the percentage and dollar amounts of valid tax liabilities
collected.
The reports must also identify base level
expenditures and staff positions related to compliance and audit activities,
including baseline information as of January 1, 2002. The information must be provided at the budget activity level.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Subd. 3. Accounts
Receivable Management
13,904,000 14,404,000
$862,000 the first year and $1,362,000 the
second year are for additional activities to identify and collect tax
liabilities from individuals and businesses that currently do not pay all taxes
owed.
Sec. 15. MILITARY
AFFAIRS
Subdivision 1. Total
Appropriation
12,279,000 12,279,000
The amounts that may be spent from this
appropriation for each program are specified in the following subdivisions.
Subd. 2. Maintenance of
Training Facilities
5,590,000 5,590,000
Subd. 3. General
Support
1,757,000 1,757,000
Subd. 4. Enlistment
Incentives
4,857,000 4,857,000
If appropriations for either year of the
biennium are insufficient, the appropriation from the other year is
available. The appropriations for
enlistment incentives are available until expended.
Subd. 5. Emergency
Services
75,000 75,000
These appropriations are for expenses of
military forces ordered to active duty under Minnesota Statutes, chapter
192. If the appropriation for either
year is insufficient, the appropriation for the other year is available for it.
Sec. 16. VETERANS
AFFAIRS
3,988,000 3,988,000
Sec. 17. VETERANS OF
FOREIGN WARS 55,000
55,000
For carrying out the provisions of Laws 1945,
chapter 455.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Sec. 18. MILITARY ORDER
OF THE PURPLE HEART
20,000 20,000
Sec. 19. DISABLED
AMERICAN VETERANS
13,000 13,000
For carrying out the provisions of Laws 1941,
chapter 425.
Sec. 20. GAMBLING
CONTROL
2,728,000 2,526,000
Summary by Fund
General 202,000 -0-
Special Revenue 2,526,000 2,526,000
The general fund appropriation in fiscal year 2004
is intended to assist with the transition to fee-based funding. The commissioner of finance must approve the
use of this onetime appropriation and may require that it be reimbursed to the
general fund if sufficient resources are available in the special revenue fund.
The special revenue fund appropriation is made from
the lawful gambling regulation account.
Sec. 21. RACING
COMMISSION
525,000 421,000
Summary by Fund
General 104,000 -0-
Special Revenue 421,000 421,000
The general fund appropriation in fiscal year 2004
is intended to assist with the transition to fee-based funding. The commissioner of finance must approve the
use of this onetime appropriation and may require that it be reimbursed to the
general fund if sufficient resources are available in the special revenue fund.
The special revenue fund appropriation is made from
the racing and card playing regulation account.
Sec. 22. TORT CLAIMS
161,000 161,000
To be spent by the commissioner of finance.
If the appropriation for either year is
insufficient, the appropriation for the other year is available for it.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Sec. 23. MINNESOTA
STATE RETIREMENT SYSTEM
2,518,000 2,727,000
The amounts estimated to be needed for each program
are as follows:
(a) Legislators
2,150,000 2,300,000
(b) Constitutional Officers
368,000 427,000
Sec. 24. MINNEAPOLIS
EMPLOYEES RETIREMENT FUND
6,632,000 6,632,000
Sec. 25. AMATEUR SPORTS
COMMISSION
525,000 525,000
The appropriations in this section may only be spent
up to the amount of offsetting fee revenue generated by the commission under
Minnesota Statutes, section 240A.03.
Sec. 26. GENERAL
CONTINGENT ACCOUNTS
5,500,000
500,000
Summary by Fund
General 5,000,000 -0-
State Government
Special Revenue
400,000
400,000
Workers'
Compensation
100,000
100,000
The appropriations in this section may only be spent
with the approval of the governor in accordance with the rules of the
legislative advisory commission pursuant to Minnesota Statutes, section 3.30.
If an appropriation in this section for either year
is insufficient, the appropriation for the other year is available for it.
Sec. 27. [GOVERNMENT
EFFICIENCIES.]
Subdivision 1.
[TELECOMMUNICATION DEVICES.] The commissioner of
administration, in consultation with heads of other executive agencies
and with the chancellor of the Minnesota state colleges and
universities, must issue policies to reduce telecommunication device
usage and expenditures by executive agencies and by the Minnesota state
colleges and universities.
Subd. 2.
[VEHICLES.] (a) The commissioner of administration, in
consultation with heads of other executive agencies and with the
chancellor of the Minnesota state colleges and universities, must issue
policies to reduce ownership and use of passenger vehicles and light
duty trucks by executive agencies and by the Minnesota state colleges
and universities.
(b) The commissioner may sell vehicles owned by the state
motor pool and may order the sale of passenger vehicles and light
duty trucks owned by other executive agencies.
The net proceeds of these sales must be deposited in the general
fund, unless provided otherwise by the commissioner of finance.
Subd. 3.
[TRANSFERS.] The commissioner of finance may authorize the
transfer to and deposit in the general fund of money saved under
subdivisions 1 and 2 from funds other than the general fund.
Subd. 4.
[SAVINGS.] (a) It is anticipated that the efficiencies and
deposits under subdivisions 1 to 3 will result in general fund savings
or revenues of at least $10,000,000 during the biennium ending June 30,
2005. General fund savings and
revenues that are achieved through actions taken under section 28 may be
applied to the savings requirements estimated to be achieved under this
section. The commissioner of finance,
in consultation with the commissioner of administration, must reduce
general fund appropriations to executive agencies and to the Minnesota
state colleges and universities by the amount of savings estimated to be
achieved under this section.
(b) If the commissioner of finance, in consultation with
the commissioner of administration, estimates that the efficiencies
and deposits achieved under this section will result in general fund
savings and revenues totaling less than $10,000,000 during the biennium
ending June 30, 2005, the commissioner of finance must report to the
legislature by January 15, 2004, with proposed allocations of the amount
of the difference as reductions to general fund operating budgets of
executive agencies and the Minnesota state colleges and universities
for fiscal year 2005. The commissioner
must implement the proposed fiscal year 2005 executive agency operating
budget reductions unless the 2004 legislature enacts a law providing
otherwise.
Sec. 28. [PURCHASING
SAVINGS.]
Subdivision 1.
[POLICIES AND PROCEDURES.] The commissioner of administration,
in consultation with heads of other executive agencies and with the
chancellor of the Minnesota state colleges and universities, must
implement policies and procedures to reduce expenditures on purchases of
goods and services by executive agencies and by the Minnesota state
colleges and universities. These
policies and procedures may include increased use of reverse auctions
and other electronic purchasing initiatives and use of authority under
Minnesota Statutes, section 16E.09, to pay initial costs associated with
certain initiatives, and may include reductions in specified categories
of purchases.
Subd. 2.
[TRANSFERS.] The commissioner of finance may authorize the
transfer to and deposit in the general fund of money saved under
subdivision 1 from funds other than the general fund.
Subd. 3.
[SAVINGS.] (a) It is anticipated that actions taken under
subdivisions 1 and 2 will result in general fund savings or revenues of
at least $4,000,000 during the biennium ending June 30, 2005. General fund savings and revenues that are
achieved through actions taken under section 27 may be applied to the
savings requirements estimated to be achieved under this section. The commissioner of finance, in consultation
with the commissioner of administration, must reduce general fund
appropriations to executive agencies and to the Minnesota state colleges
and universities by the amount of savings estimated to be achieved under
this section.
(b) If the commissioner of finance, in consultation with
the commissioner of administration, estimates that the actions taken
under this section will result in general fund savings and revenues
totaling less than $4,000,000 during the biennium ending June 30, 2005,
the commissioner of finance must report to the legislature by January
15, 2004, with
proposed allocations of the amount of the difference as reductions to
general fund operating budgets of executive agencies and the Minnesota
state colleges and universities for fiscal year 2005. The commissioner must implement the
proposed fiscal year 2005 executive agency operating budget reductions
unless the 2004 legislature enacts a law providing otherwise.
Sec. 29. [PROCUREMENT
EFFICIENCY REVOLVING LOAN FUND.]
$4,000,000 is appropriated as a loan from the general fund
in fiscal year 2004 to the commissioner of administration for purposes
of making investments related to achieving efficiencies in purchases of
state goods and services. This
appropriation is available only:
(1) to the extent the necessary funds are not available from the
technology enterprise fund created in Minnesota Statutes, section
16E.09; and (2) if the commissioners of finance and administration
determine that the loan can be repaid to the general fund before June
30, 2005, through savings in state purchases of goods and services, and the
reductions in general fund expenditures associated with these savings as
required by section 28.
Sec. 30. [INSURANCE.]
Subdivision 1.
[CONTRIBUTION LIMIT.] Total employer contributions for medical
and dental coverage for eligible state employees and dependents and for
constitutional officers, legislators, and dependents in each year of the
biennium ending June 30, 2005, shall not exceed the total amount
contributed by the state for that purpose in the fiscal year ending June
30, 2003.
Subd. 2.
[SAVINGS.] It is anticipated that entities in the executive,
legislative, and judicial branches of state government, including the
Minnesota state colleges and universities, will realize general fund
operational savings of at least $50,500,000 during the biennium ending
June 30, 2005, as a result of the insurance contribution freeze in
subdivision 1. The commissioner
of finance must reduce general fund appropriations to executive,
legislative, and judicial entities and to the Minnesota state colleges
and universities for the biennium ending June 30, 2005, by a
proportional amount of the $50,500,000 general fund savings.
Sec. 31. [SALE OF STATE
LAND.]
Subdivision 1.
[STATE LAND SALES.] The commissioner of administration shall
coordinate with the head of each department or agency having control of
state-owned land to identify and sell at least $3,430,000 of state-owned
land. Sales should be completed
according to law and as provided in this section as soon as practicable
but no later than June 30, 2005. Notwithstanding Minnesota Statutes,
sections 94.09 and 94.10, or any other law to the contrary, the
commissioner may offer land for public sale without providing notice of
lands or an offer of sale of lands to state departments or agencies, the
University of Minnesota, cities, counties, towns, school districts, or
other public entities.
Subd. 2.
[ANTICIPATED SAVINGS.] Notwithstanding Minnesota Statutes,
section 94.16, subdivision 3, the amount of the proceeds from the sale
of land under this section that exceeds the actual expenses of selling
the land must be deposited in the general fund, except as otherwise
provided by the commissioner of finance. Notwithstanding Minnesota Statutes, section 94.11, the
commissioner of finance may establish the timing of payments for land
purchased under this section. If the
total of all money deposited into the general fund from the proceeds of
the sale of land under this section is anticipated to be less than $3,430,000,
the governor must allocate the amount of the difference as reductions to
general fund operating expenditures for other executive agencies for the
biennium ending June 30, 2005.
Sec. 32. [SECRETARY OF STATE APPROPRIATION.]
$369,000 is appropriated in fiscal year 2003 from the general
fund to the secretary of state for payment of the attorney fees awarded
by court order in Zachman et al. vs. Kiffmeyer et al. This is a onetime appropriation and is not
added to the secretary of state's base budget.
Sec. 33. [REAL ESTATE
FILING SURCHARGE.]
All funds collected during the fiscal year ending June 30,
2004, and funds collected in the fiscal year ending June 30, 2003,
that carry forward into the fiscal year ending June 30, 2004, pursuant
to the additional 50 cent surcharges imposed by Laws 2001, First Special
Session chapter 10, article 2, section 77, and Laws 2002, chapter 365,
are appropriated to the legislative coordinating commission for the real
estate task force established by Laws 2000, chapter 391, for the
purposes set forth in Laws 2001, First Special Session chapter 10, article
2, sections 98 to 101. $25,000 from
those funds are to be retained by the legislative coordinating
commission for the services described in Laws 2001, First Special
Session chapter 10, article 2, section 99.
Sec. 34. [EFFECTIVE
DATE.]
Sections 26 and 32 are effective the day following final
enactment.
ARTICLE
2
STATE
GOVERNMENT OPERATIONS
Section 1. Minnesota
Statutes 2002, section 3.099, subdivision 3, is amended to read:
Subd. 3. [LEADERS.] The
senate committee on rules and administration for the senate and the house
committee on rules and legislative administration for the house may each
designate for their respective body up to three leadership positions to receive
up to 140 percent of the compensation of other members.
At the commencement of each biennial legislative session, each
house of the legislature shall adopt a resolution designating its majority and
minority leader.
The majority leader is the person elected by the caucus of members
in each house which is its largest political affiliation. The minority leader is the person elected by
the caucus which is its second largest political affiliation.
Sec. 2. Minnesota
Statutes 2002, section 3.885, subdivision 1, is amended to read:
Subdivision 1.
[MEMBERSHIP.] The legislative commission on planning and fiscal policy
consists of 18 nine members of the senate appointed by the
subcommittee on committees of the committee on rules and administration
and nine members of the house of representatives appointed by the legislative
coordinating commission speaker.
Vacancies on the commission are filled in the same manner as original
appointments. The commission shall
elect a chair and a vice-chair from among its members. The chair alternates between a member of the
senate and a member of the house in January of each odd-numbered year.
Sec. 3. Minnesota
Statutes 2002, section 3.971, subdivision 2, is amended to read:
Subd. 2. [STAFF;
COMPENSATION.] The legislative auditor shall establish a financial audits
division and a program evaluation division to fulfill the duties prescribed in
this section. Each division cause. The legislative auditor and deputy auditors
may each appoint a confidential secretary to serve at pleasure. The salaries and benefits of the legislative
auditor, deputy auditors and confidential secretaries shall be determined by
the compensation plan approved by the legislative coordinating commission. The deputy auditors may perform and exercise
the powers, duties and responsibilities imposed by law on the legislative
auditor when authorized by the legislative auditor. The deputy auditors and the confidential secretaries serve in the
unclassified civil service, but all other employees of the legislative auditor
are in the classified civil service.
While in office, a person appointed deputy for the financial audit
division must hold an active license as a certified public accountant. must
may be supervised by a deputy auditor, appointed by the legislative
auditor, with the approval of the commission, for a term coterminous with the
legislative auditor's term. The deputy
auditors may be removed before the expiration of their terms only for
Sec. 4. [3A.115]
The amount necessary to fund the retirement allowance granted
under this chapter to a former legislator upon retirement is
appropriated from the general fund to the director to pay pension
obligations due to the retiree.
Retirement allowances payable to retired legislators and their
survivors under this chapter must be adjusted in the same manner, at the
same times, and in the same amounts as are benefits payable from the
Minnesota postretirement investment fund to retirees of a participating
public pension fund.
Sec. 5. Minnesota
Statutes 2002, section 6.48, is amended to read:
6.48 [EXAMINATION OF COUNTIES; COST, FEES.]
All the powers and duties conferred and imposed upon the state
auditor shall be exercised and performed by the state auditor in respect to the
offices, institutions, public property, and improvements of several counties of
the state. At least once in each year,
if funds and personnel permit, the state auditor shall may visit,
without previous notice, each county and make a thorough examination of all
accounts and records relating to the receipt and disbursement of the public
funds and the custody of the public funds and other property. If the audit is performed by a private
certified public accountant, the state auditor may require specific additional
information from the private certified public accountant to resolve the
specified issues or questions. The state
auditor may accept the audit or make additional examinations as the
state auditor deems to be in the public interest. The state auditor shall prescribe and
install systems of accounts and financial reports that shall be uniform, so far
as practicable, for the same class of offices.
A copy of the report of such examination shall be filed and be subject
to public inspection in the office of the state auditor and another copy in the
office of the auditor of the county thus examined. The state auditor may accept
the records and audit, or any part thereof, of the department of human services
in lieu of examination of the county social welfare funds, if such audit has
been made within any period covered by the state auditor's audit of the other
records of the county. If any such
examination shall disclose malfeasance, misfeasance, or nonfeasance in any
office of such county, such report shall be filed with the county attorney of
the county, and the county attorney shall institute such civil and criminal
proceedings as the law and the protection of the public interests shall
require.
The county receiving such any examination shall
pay to the state general fund, notwithstanding the provisions of section
16A.125, the total cost and expenses of such examinations, including the
salaries paid to the examiners while actually engaged in making such
examination. The state auditor on
deeming it advisable may bill counties, having a population of 200,000 or over,
monthly for services rendered and the officials responsible for approving and
paying claims shall cause said bill to be promptly paid. The general fund shall be credited with all
collections made for any such examinations.
Sec. 6. Minnesota
Statutes 2002, section 6.49, is amended to read:
6.49 [CITIES OF FIRST CLASS.]
All powers and duties conferred and imposed upon the state
auditor with respect to state and county officers, institutions, property, and
improvements are hereby extended to cities of the first class. Copies of the written report of the state
auditor on the financial condition and accounts of such city shall be filed in
the state auditor's office, with
the mayor, city council, and city comptroller thereof, and with the city
commissioners, if such city have such officers. If such report disclose malfeasance, misfeasance, or nonfeasance
in office, copies thereof shall be filed with the city attorney thereof and
with the county attorney of the county in which such city is located, and these
officials of the law shall institute such proceedings, civil or criminal, as
the law and the public interest require.
The state auditor may shall bill said cities
monthly for services rendered, including any examination, and the
officials responsible for approving and paying claims shall cause said bill to
be promptly paid.
Sec. 7. Minnesota
Statutes 2002, section 6.54, is amended to read:
6.54 [EXAMINATION OF COUNTY AND MUNICIPAL RECORDS
PURSUANT TO PETITION.]
The registered voters in a county or home rule charter
or statutory city or the electors at an annual or special town meeting of a
town may petition the state auditor to examine the books, records, accounts,
and affairs of the county, home rule charter or statutory city, town, or
of any organizational unit, activity, project, enterprise, or fund thereof; and
the scope of the examination may be limited by the petition, but the
examination shall cover, at least, all cash received and disbursed and the transactions
relating thereto, provided that the state auditor shall not examine more than
the six latest years preceding the circulation of the petition, unless it
appears to the state auditor during the examination that the audit period
should be extended to permit a full recovery under bonds furnished by public
officers or employees, and may if it appears to the auditor in the public
interest confine the period or the scope of audit or both period and scope of
audit, to less than that requested by the petition. In the case of a county or home rule charter or statutory
city, the petition shall be signed by a number of registered voters at least
equal to 20 percent of those voting in the last presidential election. The eligible voters of any school district
may petition the state auditor, who shall be subject to the same restrictions
regarding the scope and period of audit, provided that the petition shall be
signed by at least ten eligible voters for each 50 resident pupils in average
daily membership during the preceding school year as shown on the records in
the office of the commissioner of children, families, and learning. In the case of school districts, the
petition shall be signed by at least ten eligible voters. At the time it is circulated, every petition
shall contain a statement that the cost of the audit will be borne by the county,
city, or school district as provided by law. Thirty days before the petition is delivered to the state auditor
it shall be presented to the appropriate city or school district clerk and the
county auditor. The county auditor
shall determine and certify whether the petition is signed by the required
number of registered voters or eligible voters as the case may be. The certificate shall be conclusive evidence
thereof in any action or proceeding for the recovery of the costs, charges, and
expenses of any examination made pursuant to the petition.
Sec. 8. Minnesota
Statutes 2002, section 6.55, is amended to read:
6.55 [EXAMINATION OF RECORDS PURSUANT TO RESOLUTION OF
GOVERNING BODY.]
The governing body of any city, town, county or school
district, by appropriate resolution may ask the state auditor to examine the
books, records, accounts and affairs of their government, or of any
organizational unit, activity, project, enterprise, or fund thereof; and the
state auditor shall examine the same upon receiving, pursuant to said
resolution, a written request signed by a majority of the members of the
governing body; and the governing body of any public utility commission, or of
any public corporation having a body politic and corporate, or of any
instrumentality joint or several of any city, town, county, or school district,
may request an audit of its books, records, accounts and affairs in the same
manner; provided that the scope of the examination may be limited by the
request, but such examination shall cover, at least, all cash received and
disbursed and the transactions relating thereto. Such written request shall be
presented to the clerk, or recording officer of such city, town, county, school
district, public utility commission, public corporation, or instrumentality,
before being presented to the state auditor, who shall determine whether the
same is signed by a majority of the members of such governing body and, if
found to be so signed, shall certify such fact, and the fact that such
resolution was passed, which certificate shall be conclusive evidence thereof
in any action or proceedings for the recovery of the costs, charges and
expenses of any examination made pursuant to
such request. Nothing contained in any
of the laws of the state relating to the state auditor, shall be so construed
as to prevent any county, city, town, or school district from
employing a certified public accountant to examine its books, records, accounts,
and affairs. For the purposes of this
section, the governing body of a town is the town board.
Sec. 9. Minnesota
Statutes 2002, section 6.64, is amended to read:
6.64 [COOPERATION WITH PUBLIC ACCOUNTANTS; PUBLIC ACCOUNTANT
DEFINED.]
There shall be mutual cooperation between the state auditor and
public accountants in the performance of auditing, accounting, and other
related services for counties, cities, towns, school districts, and
other public corporations. For the
purposes of sections 6.64 to 6.71 the term public accountant shall have the
meaning ascribed to it in section 412.222.
Sec. 10. Minnesota
Statutes 2002, section 6.65, is amended to read:
6.65 [MINIMUM PROCEDURES FOR AUDITORS, PRESCRIBED.]
The state auditor shall prescribe minimum procedures and the
audit scope for auditing the books, records, accounts, and affairs of counties
and local governments in Minnesota.
The minimum scope for audits of all local governments must include
financial and legal compliance audits.
Audits of all school districts must include a determination of
compliance with uniform financial accounting and reporting standards. The state auditor shall promulgate an audit
guide for legal compliance audits, in consultation with representatives of the
state auditor, the attorney general, towns, cities, counties, school districts,
and private sector public accountants.
Sec. 11. Minnesota
Statutes 2002, section 6.66, is amended to read:
6.66 [CERTAIN PRACTICES OF PUBLIC ACCOUNTANTS AUTHORIZED.]
Any public accountant may engage in the practice of auditing
the books, records, accounts, and affairs of counties, cities, towns,
school districts, and other public corporations which are not otherwise
required by law to be audited exclusively by the state auditor.
Sec. 12. Minnesota
Statutes 2002, section 6.67, is amended to read:
6.67 [PUBLIC ACCOUNTANTS; REPORT OF EVIDENCE POINTING TO
MISCONDUCT.]
Whenever a public accountant in the course of auditing the
books and affairs of a county, city, town, school district, or other
public corporations, shall discover evidence pointing to nonfeasance,
misfeasance, or malfeasance, on the part of an officer or employee in the
conduct of duties and affairs, the public accountant shall promptly make a
report of such discovery to the state auditor and the county attorney of the
county in which the governmental unit is situated and the public accountant
shall also furnish a copy of the report of audit upon completion to said
officers. The county attorney shall act
on such report in the same manner as required by law for reports made to the
county attorney by the state auditor.
Sec. 13. Minnesota
Statutes 2002, section 6.68, subdivision 1, is amended to read:
Subdivision 1. [REQUEST
TO GOVERNING BODY.] If in an audit of a county, city, town, school
district, or other public corporation, a public accountant has need of the
assistance of the state auditor, the accountant may obtain such assistance by
requesting the governing body of the governmental unit being examined to
request the state auditor to perform such auditing or investigative services,
or both, as the matter and the public interest require.
Sec. 14. Minnesota
Statutes 2002, section 6.70, is amended to read:
6.70 [ACCESS TO REPORTS.]
The state auditor and the public accountants shall have
reasonable access to each other's audit reports, working papers, and audit
programs concerning audits made by each of counties, cities, towns,
school districts, and other public corporations.
Sec. 15. Minnesota
Statutes 2002, section 6.71, is amended to read:
6.71 [SCOPE OF AUDITOR'S INVESTIGATION.]
Whenever the governing body of a county, city, town, or
school district shall have requested a public accountant to make an audit of its
books and affairs, and such audit is in progress or has been completed, and freeholders
registered voters or electors petition or the governing body
requests or both the state auditor to make an examination covering the same, or
part of the same, period, the state auditor may, in the public interest, limit
the scope of the examination to less than that specified in section 6.54, but
the scope shall cover, at least, an investigation of those complaints which are
within the state auditor's powers and duties to investigate.
Sec. 16. Minnesota
Statutes 2002, section 6.74, is amended to read:
6.74 [INFORMATION COLLECTED FROM LOCAL GOVERNMENTS.]
The state auditor, or a designated agent, shall collect
annually from all city, county, and other local units of government,
information as to the assessment of property, collection of taxes, receipts
from licenses and other sources, the expenditure of public funds for all
purposes, borrowing, debts, principal and interest payments on debts, and such
other information as may be needful.
The data shall be supplied upon blanks forms prescribed by
the state auditor, and all public officials so called upon shall fill out
properly and return promptly all blanks forms so
transmitted. The state auditor or
assistants, may examine local records in order to complete or verify the
information.
Sec. 17. [6.78] [BEST
PRACTICES REVIEWS.]
The state auditor shall conduct best practices reviews that
examine the procedures and practices used to deliver local government
services, determine the methods of local government service delivery,
identify variations in cost and effectiveness, and identify practices to
save money or provide more effective service delivery. The state auditor shall recommend to local
governments service delivery methods and practices to improve the
cost-effectiveness of services. The
state auditor shall determine the local government services to be
reviewed in consultation with representatives of the Association of Minnesota
Counties, the League of Minnesota Cities, the Association of
Metropolitan Municipalities, the Minnesota Association of Townships, and
the Minnesota Association of School Administrators.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 18. [6.79]
[EQUITABLE COMPENSATION COMPLIANCE.]
The state auditor may adopt rules under the Administrative
Procedure Act to ensure compliance with sections 471.991 to 471.999.
Sec. 19. Minnesota
Statutes 2002, section 8.06, is amended to read:
8.06 [ATTORNEY FOR STATE OFFICERS, BOARDS, OR COMMISSIONS;
EMPLOY COUNSEL.]
The attorney general shall act as the attorney for all state
officers and all boards or commissions created by law in all matters pertaining
to their official duties. When
requested by the attorney general, it shall be the duty of any county attorney
of the state to appear within the county and act as attorney for any such
board, commission, or officer in any court of such county. The attorney general may, upon request in
writing, employ, and fix the compensation of, a special attorney for any such
board, commission, or officer when, in the attorney general's judgment, the
public welfare will be promoted thereby.
Such special attorney's fees or salary shall be paid from the
appropriation made for such board, commission, or officer. Except as herein provided, no board,
commission, or officer shall hereafter employ any attorney at the expense of
the state.
Whenever the attorney general, the governor, and or
the chief justice of the supreme court shall certify, in writing, filed in the
office of the secretary of state, that it is necessary, in the proper conduct
of the legal business of the state, either civil or criminal, that the state
employ additional counsel, the attorney general, the governor, or the chief
justice of the supreme court shall thereupon be authorized to employ
authorize the employment of such counsel and, with the governor and
the chief justice, fix the additional counsel's compensation. Except as herein stated, no additional
counsel shall be employed and the legal business of the state shall be
performed exclusively by the attorney general and the attorney general's
assistants.
Sec. 20. Minnesota
Statutes 2002, section 10A.02, is amended by adding a subdivision to read:
Subd. 15.
[DISPOSITION OF FEES.] The board must deposit all fees
collected under this chapter into the general fund in the state
treasury.
Sec. 21. Minnesota
Statutes 2002, section 10A.02, is amended by adding a subdivision to read:
Subd. 16.
[PROPOSED FEE CHANGES.] As part of its submission of its
biennial budget request, the board must propose changes to the fees
required in this chapter that will be sufficient to recover the direct
appropriation to the board. The board must include in its recovery
calculation seven percent of the amounts designated by individuals for
the state elections campaign fund under section 10A.31, subdivision 4.
Sec. 22. Minnesota
Statutes 2002, section 10A.04, subdivision 2, is amended to read:
Subd. 2. [TIME OF
REPORTS.] Each report must cover the time from the last day of the period
covered by the last report to 15 days before the current filing date. The reports must be filed with the board by
the following dates:
(1) January 15; and
(2) April 15; and
(3) July 15 May 30.
Sec. 23. Minnesota
Statutes 2002, section 10A.04, subdivision 4, is amended to read:
Subd. 4. [CONTENT.] (a)
A report under this section must include information the board requires from
the registration form and the information required by this subdivision for the
reporting period.
(b) A lobbyist must report the lobbyist's total
disbursements on lobbying, separately listing lobbying to influence legislative
action, lobbying to influence administrative action, and lobbying to influence the
official actions of a metropolitan governmental unit, and a breakdown of
disbursements for each of those kinds of lobbying into categories specified by
the board, including but not limited to the cost of publication and
distribution of each publication used in lobbying; other printing; media,
including the cost of production; postage; travel; fees, including allowances;
entertainment; telephone and telegraph; and other expenses.
(c) A lobbyist must report the amount and nature of each gift,
item, or benefit, excluding contributions to a candidate, equal in value to $5
or more, given or paid to any official, as defined in section 10A.071,
subdivision 1, by the lobbyist or an employer or employee of the lobbyist. The list must include the name and address
of each official to whom the gift, item, or benefit was given or paid and the
date it was given or paid.
(d) A lobbyist must report each original source of money in
excess of $500 in any year used for the purpose of lobbying to influence
legislative action, administrative action, or the official action of a
metropolitan governmental unit. The
list must include the name, address, and employer, or, if self-employed, the
occupation and principal place of business, of each payer of money in excess of
$500.
(e) On the report due April 15 May 30, the
lobbyist must provide a general description of the subjects lobbied in the
previous 12 months.
Sec. 24. Minnesota
Statutes 2002, section 10A.04, is amended by adding a subdivision to read:
Subd. 9. [ELECTRONIC
REPORTS.] Effective January 1, 2005, a lobbyist may file a report
required under this section electronically with the board.
Sec. 25. [10A.045]
[LOBBYIST AND PRINCIPAL REPORT FEES.]
Subdivision 1.
[PURPOSE.] The purpose of this section is to pay for the cost
of administering sections 10A.03 to 10A.06 with fees collected from
lobbyists to be used only for that purpose.
Subd. 2. [FEE;
USE; PROHIBITION.] Each lobbyist and principal must pay a biennial
fee of $225 by January 15 of every odd-numbered year. Authorized unpaid volunteers of an organization
recognized as a 501(c)(3) charity by the Internal Revenue Service are
not required to pay this fee. The fees
collected under this section must not be more than the amount necessary
to administer the lobbyist registration and regulation provisions of
this chapter. A person who has not paid
the fee required by this section is prohibited from acting as a
lobbyist.
Sec. 26. Minnesota
Statutes 2002, section 10A.09, subdivision 6, is amended to read:
Subd. 6. [SUPPLEMENTARY
STATEMENT.] Each individual who is required to file a statement of economic
interest must file a supplementary statement on April 15 of each year that the
individual remains in office if information on the most recently filed
statement has changed. The
supplementary statement, if required, must include the amount of each
honorarium in excess of $50 received since the previous statement and the name
and address of the source of the honorarium.
The board must maintain a statement of economic interest submitted by an
officeholder in the same file with the statement submitted as a candidate.
Sec. 27. Minnesota
Statutes 2002, section 10A.09, is amended by adding a subdivision to read:
Subd. 9. [FILING
FEE.] A public official required to file a statement of economic
interest or an annual supplementary statement with the board under this
section must accompany the statement with a $60 filing fee. A public official listed in section
10A.01, subdivision 35, clause (2), is not required to pay this fee.
Sec. 28. [10A.145]
[REGISTRATION FEES.]
Subdivision 1.
[REQUIREMENT.] (a) Each principal campaign committee must pay
to the board a registration fee when it originally registers with the
board and each time a nonjudicial candidate for whom a committee is
registered files for office. The office with which the candidate files
must collect the fee when the candidate files and must deposit it into
the general fund in the state treasury.
(b) Each political committee, political fund, and party unit
must pay a registration fee to the board when it originally registers
with the board and by January 31 of each odd-numbered year thereafter.
Subd. 2. [AMOUNT
OF FEE.] The registration fees are as follows:
(1) principal campaign committee for candidate for nonjudicial
statewide office, $1,000;
(2) principal campaign committee for candidate for state
senate, $500;
(3) principal campaign committee for candidate for state
house of representatives, $350;
(4) principal campaign committee for judicial candidate,
$250;
(5) political committee or political fund, two percent of
total expenditures, disbursements, and contributions made during the
prior two years; and
(6) party unit, 1-1/2 percent of total expenditures, disbursements,
and contributions made during the prior two years.
Subd. 3.
[PROHIBITION.] A political committee, political fund, or party
unit may not accept a contribution or make an expenditure, disbursement,
or contribution unless the fee required by this section has been paid.
Subd. 4.
[TRANSITION.] Lobbyists, principals, principal campaign
committees, political committees, political funds, and party units that
are registered on the effective date of this section must pay the fee
for initial registration required by this section or section 10A.045
within 60 days after the effective date of this section. This subdivision expires August 1,
2004.
Sec. 29. Minnesota
Statutes 2002, section 10A.31, subdivision 1, is amended to read:
Subdivision 1.
[DESIGNATION.] An individual resident of this state who files an income
tax return or a renter and homeowner property tax refund return with the
commissioner of revenue may designate on their original return that $5 up
to $25 be paid from the general fund of the state into the state elections
campaign fund. If a husband and wife
file a joint return, each spouse may designate that $5 up to $25
be paid. The total designated amount is added to the amount due from the
filer or subtracted from the refund due the filer. No individual is allowed to designate $5
$25 more than once in any year.
The taxpayer may designate that the amount be paid into the account of a
political party or into the general account.
Sec. 30. Minnesota
Statutes 2002, section 10A.31, subdivision 3, is amended to read:
Subd. 3. [FORM.] The
commissioner of revenue must provide on the first page of the income tax form
and the renter and homeowner property tax refund return a space for the
individual to indicate a wish to pay the
major political parties; (2) any minor political party that qualifies under
subdivision 3a; or (3) all qualifying candidates as provided by subdivision
7. The renter and homeowner property
tax refund return must include instructions that the individual filing the
return may designate $5 up to an additional $25 ($10
up to an additional $50 if filing a joint return) from the
general fund of the state to finance election campaigns. The form must also contain language prepared
by the commissioner that permits the individual to direct the state to pay the $5
additional up to $25 (or $10 additional up to $50
if filing a joint return) to: (1) one
of $5 up to $25 on the return only if the
individual has not designated $5 up to $25 on the income tax
return.
Sec. 31. Minnesota
Statutes 2002, section 10A.31, subdivision 4, is amended to read:
Subd. 4.
[APPROPRIATION.] (a) The amounts designated by individuals for
the state elections campaign fund, less three ten percent, are
appropriated from the general fund, must be transferred and credited to the
appropriate account in the state elections campaign fund, and are annually
appropriated for distribution as set forth in subdivisions 5, 5a, 6, and
7. The remaining three ten
percent must be kept in the general fund for administrative costs.
(b) In addition to the amounts in paragraph (a), $1,500,000
for each general election is appropriated from the general fund for transfer to
the general account of the state elections campaign fund.
Sec. 32. Minnesota Statutes
2002, section 14.48, is amended by adding a subdivision to read:
Subd. 4.
[MANDATORY RETIREMENT.] An administrative law judge and
compensation judge must retire upon attaining age 70. The chief
administrative law judge may appoint a retired administrative law judge
or compensation judge to hear any proceeding that is properly assignable
to an administrative law judge or compensation judge. When a retired administrative law judge
or compensation judge undertakes this service, the retired judge shall
receive pay and expenses in the amount payable to temporary
administrative law judges or compensation judges serving under section
14.49.
[EFFECTIVE DATE.] This
section is effective June 30, 2003. An administrative law judge or
compensation judge who has attained the age of 70 on or before that date
must retire by June 30, 2003.
Sec. 33. Minnesota
Statutes 2002, section 15.50, subdivision 1, is amended to read:
Subdivision 1.
[PURPOSE, MEMBERS, OFFICERS.] (a) The legislature finds that the purposes
of the board are to (1) preserve and enhance the dignity, beauty and
architectural integrity of the capitol, the buildings immediately adjacent to
it, the capitol grounds, and the capitol area; (2) protect, enhance, and
increase the open spaces within the capitol area when deemed necessary and
desirable for the improvement of the public enjoyment thereof; (3) develop
proper approaches to the capitol area for pedestrian movement, the highway
system, and mass transit system so that the area achieves its maximum
importance and accessibility; and (4) establish a flexible framework for growth
of the capitol buildings which will be in keeping with the spirit of the
original design.
(b) The capitol area architectural and planning board, herein
referred to as the board, is established within the department of
administration. The board consists
of ten members. The lieutenant governor
shall be a member of the board. Four
members shall be appointed by the governor; three members, one of whom shall be
a resident of the district planning council area containing the capitol area,
shall be appointed by the mayor of the city of Saint Paul, with the advice and
consent of the city council. The
speaker of the house shall appoint a member of the house of representatives and
the president of the senate shall appoint one senator to be members of the
board. Each person appointed to the
board shall qualify by taking the oath of office.
(c) The lieutenant governor is the chair of the board. The attorney general is the legal advisor to
the board. The board may elect a
vice-chair who may preside at meetings in the absence of the lieutenant
governor and such other officers as it may deem necessary to carry out its
duties.
(d) The commissioner of
administration, after consulting with the board, shall select
appoint an executive secretary to serve the board. It The commissioner may employ
such other officers and employees as it the commissioner may deem
necessary, all of whom shall be in the classified service of the state
civil service. The board may contract
for professional and other similar service on such terms as it may deem
desirable. The commissioner must
provide administrative support to the board.
Sec. 34. [15A.23]
[POLITICAL SUBDIVISION COMPENSATION LIMIT.]
(a) The salary and the value of all other forms of compensation
of a person employed by a political subdivision of this state excluding
a school district, or employed under section 422A.03, may not exceed 95
percent of the salary of the governor as set under section 15A.082,
except as provided in this section.
For purposes of this subdivision, "political subdivision of
this state" includes a statutory or home rule charter city, county,
town, metropolitan or regional agency, or other political subdivision,
but does not include a hospital, clinic, or health maintenance
organization owned by such a governmental unit.
(b) Deferred compensation and payroll allocations to purchase
an individual annuity contract for an employee are included in determining
the employee's salary. Other forms of
compensation which shall be included to determine an employee's total
compensation are all other direct and indirect items of compensation
which are not specifically excluded by this section. Other forms of compensation which shall not
be included in a determination of an employee's total compensation for
the purposes of this section are:
(1) employee benefits that are also provided for the majority
of all other full-time employees of the political subdivision, vacation
and sick leave allowances, health and dental insurance, disability
insurance, term life insurance, and pension benefits or like benefits
the cost of which is borne by the employee or which is not subject to
tax as income under the Internal Revenue Code of 1986;
(2) dues paid to organizations that are of a civic, professional,
educational, or governmental nature; and
(3) reimbursement for actual expenses incurred by the employee
which the governing body determines to be directly related to the
performance of job responsibilities, including any relocation expenses
paid during the initial year of employment.
The value of other forms of compensation shall be the annual
cost to the political subdivision for the provision of the compensation.
(c) The salary of a medical doctor or doctor of osteopathy
occupying a position that the governing body of the political subdivision
has determined requires an M.D. or D.O. degree is excluded from the
limitation in this section.
(d) The state auditor may increase the limitation in this
section for a position that the state auditor has determined requires
special expertise necessitating a higher salary to attract or retain a
qualified person. The state auditor
shall review each proposed increase giving due consideration to salary
rates paid to other persons with similar responsibilities in the state
and nation.
Before granting an increase in the limitation, the state
auditor must submit the proposed increase to the legislative coordinating
commission for its review and recommendation.
The recommendation is advisory only. If the commission fails to make a recommendation with 30
days from its receipt of the proposal, it is deemed to have made no
recommendation. The state
auditor may charge and collect, pursuant to section 6.56, a fee from
political subdivisions proposing a limitation increase to cover the cost
incurred by the state auditor under this subdivision.
Sec. 35. Minnesota Statutes 2002, section 16A.11, subdivision 3, is
amended to read:
Subd. 3. [PART
TWO: DETAILED BUDGET.] (a) Part two of
the budget, the detailed budget estimates both of expenditures and revenues,
must contain any statements on the financial plan which the governor believes
desirable or which may be required by the legislature. The detailed estimates shall include the
governor's budget arranged in tabular form.
(b) The detailed estimates must include a separate line listing
the total number of professional or technical service contracts and the
total cost of those professional and technical service
contracts for the prior biennium and the projected number of professional or
technical service contracts and the projected costs of those contracts for
the current and upcoming biennium. They
must also include a summary of the personnel employed by the agency, reflected
as full-time equivalent positions, and the number of professional or
technical service consultants for the current biennium.
(c) The detailed estimates for internal service funds must
include the number of full-time equivalents by program; detail on any loans
from the general fund, including dollar amounts by program; proposed
investments in technology or equipment of $100,000 or more; an explanation of
any operating losses or increases in retained earnings; and a history of the
rates that have been charged, with an explanation of any rate changes and the
impact of the rate changes on affected agencies.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 36. Minnesota
Statutes 2002, section 16A.17, is amended by adding a subdivision to read:
Subd. 10.
[DIRECT DEPOSIT.] Notwithstanding section 177.23, the
commissioner may require direct deposit for all state employees that are
being paid by the state payroll system.
Sec. 37. Minnesota
Statutes 2002, section 16A.40, is amended to read:
16A.40 [WARRANTS AND ELECTRONIC FUND TRANSFERS.]
Money must not be paid out of the state treasury except upon
the warrant of the commissioner or an electronic fund transfer approved by the
commissioner. Warrants must be drawn on
printed blanks that are in numerical order.
The commissioner shall enter, in numerical order in a warrant register,
the number, amount, date, and payee for every warrant issued.
The commissioner may require payees receiving more
than ten payments or $10,000 per year must to supply the
commissioner with their bank routing information to enable the payments to
be made through an electronic fund transfer.
Sec. 38. Minnesota
Statutes 2002, section 16A.501, is amended to read:
16A.501 [REPORT ON EXPENDITURE OF BOND PROCEEDS.]
The commissioner of finance must report annually to the
legislature on the degree to which entities receiving appropriations for
capital projects in previous omnibus capital improvement acts have encumbered
or expended that money. The report must
be submitted to the chairs of the house of representatives ways and means
committee and the senate finance committee by February January 1
of each year.
Sec. 39. Minnesota Statutes 2002, section 16A.642, subdivision 1, is
amended to read:
Subdivision 1.
[REPORTS.] (a) The commissioner of finance shall report to the chairs of
the senate committee on finance and the house of representatives committees on
ways and means and on capital investment by February January 1 of
each odd-numbered year on the following:
(1) all laws authorizing the issuance of state bonds or
appropriating general fund money for state or local government capital
investment projects enacted more than four years before February January
1 of that odd-numbered year; the projects authorized to be acquired and
constructed for which less than 100 percent of the authorized total cost has
been expended, encumbered, or otherwise obligated; the cost of contracts to be
let in accordance with existing plans and specifications shall be considered
expended for this report; and the amount of general fund money appropriated but
not spent or otherwise obligated, and the amount of bonds not issued and bond
proceeds held but not previously expended, encumbered, or otherwise obligated
for these projects; and
(2) all laws authorizing the issuance of state bonds or
appropriating general fund money for state or local government capital programs
or projects other than those described in clause (1), enacted more than four
years before February January 1 of that odd-numbered year; and
the amount of general fund money appropriated but not spent or otherwise
obligated, and the amount of bonds not issued and bond proceeds held but not
previously expended, encumbered, or otherwise obligated for these programs and
projects.
(b) The commissioner shall also report on general fund
appropriations for capital projects, bond authorizations or bond proceed
balances that may be canceled because projects have been canceled, completed,
or otherwise concluded, or because the purposes for which the money was
appropriated or bonds were authorized or issued have been canceled, completed,
or otherwise concluded. The general
fund appropriations, bond authorizations or bond proceed balances that are
unencumbered or otherwise not obligated that are reported by the commissioner
under this subdivision are canceled, effective July 1 of the year of the
report, unless specifically reauthorized by act of the legislature.
Sec. 40. Minnesota
Statutes 2002, section 16B.24, subdivision 5, is amended to read:
Subd. 5. [RENTING OUT
STATE PROPERTY.] (a) [AUTHORITY.] The commissioner may rent out state property,
real or personal, that is not needed for public use, if the rental is not
otherwise provided for or prohibited by law.
The property may not be rented out for more than five years at a time
without the approval of the state executive council and may never be rented out
for more than 25 years. A rental agreement
may provide that the state will reimburse a tenant for a portion of capital
improvements that the tenant makes to state real property if the state does not
permit the tenant to renew the lease at the end of the rental agreement.
(b) [RESTRICTIONS.] Paragraph (a) does not apply to state trust
fund lands, other state lands under the jurisdiction of the department of
natural resources, lands forfeited for delinquent taxes, lands acquired under
section 298.22, or lands acquired under section 41.56 which are under the
jurisdiction of the department of agriculture.
(c) [FORT SNELLING CHAPEL; RENTAL.] The Fort Snelling Chapel,
located within the boundaries of Fort Snelling State Park, is available for use
only on payment of a rental fee. The
commissioner shall establish rental fees for both public and private use. The rental fee for private use by an
organization or individual must reflect the reasonable value of equivalent
rental space. Rental fees collected
under this section must be deposited in the general fund.
(d) [RENTAL OF LIVING
ACCOMMODATIONS.] The commissioner shall establish rental rates for all living
accommodations provided by the state for its employees. Money collected as rent by state agencies
pursuant to this paragraph must be deposited in the state treasury and credited
to the general fund.
(e) [LEASE OF SPACE
IN CERTAIN STATE BUILDINGS TO STATE AGENCIES.] The commissioner may lease
portions of the state-owned buildings in the capitol complex, the capitol
square building, the health building, the Duluth government center, and the
building at 1246 University Avenue, St. Paul, Minnesota, to state agencies and
the court administrator on behalf of the judicial branch of state government
and charge rent on the basis of space occupied. Notwithstanding any law to the contrary, all money collected as
rent pursuant to the terms of this section shall be deposited in the state
treasury. Money collected as rent to
recover the bond interest costs of a building funded from the state bond
proceeds fund shall be credited to the general fund. Money collected as rent to recover the depreciation costs of a
building funded from the state bond proceeds fund and money collected as rent
to recover capital expenditures from capital asset preservation and replacement
appropriations and statewide building access appropriations shall be credited
to a segregated account in a special revenue fund. Fifty percent of the money credited to the account each fiscal
year must be transferred to the general fund.
The remaining money in the account is appropriated to the
commissioner to be expended for asset preservation projects as determined by
the commissioner. Money collected as
rent to recover the depreciation and interest costs of a building built with other
state dedicated funds shall be credited to the dedicated fund which funded the
original acquisition or construction.
All other money received shall be credited to the general services
revolving fund.
Sec. 41. Minnesota
Statutes 2002, section 16B.35, subdivision 1, is amended to read:
Subdivision 1. [PERCENT
OF APPROPRIATIONS FOR ART.] An appropriation for the construction or alteration
of any state building may contain an amount not to exceed the lesser of $100,000
or one percent of the total appropriation for the building for the
acquisition of works of art, excluding landscaping, which may be an integral
part of the building or its grounds, attached to the building or grounds or
capable of being displayed in other state buildings. If the appropriation for works of art is limited by the
$100,000 cap in this section, the appropriation for the construction or
alteration of the building must be reduced to reflect the reduced amount
that will be spent on works of art.
Money used for this purpose is available only for the acquisition of
works of art to be exhibited in areas of a building or its grounds accessible,
on a regular basis, to members of the public.
No more than ten percent of the total amount available each
fiscal year under this subdivision may be used for administrative
expenses, either by the commissioner of administration or by any other
entity to whom the commissioner delegates administrative authority. For the purposes of this section "state
building" means a building the construction or alteration of which is paid
for wholly or in part by the state.
Sec. 42. Minnesota
Statutes 2002, section 16B.465, subdivision 1a, is amended to read:
Subd. 1a. [CREATION.]
Except as provided in subdivision 4, the commissioner, through the state
information infrastructure, shall arrange for the provision of voice, data,
video, and other telecommunications transmission services to state
agencies. The state information
infrastructure may also serve educational institutions, including public schools
as defined in section 120A.05, subdivisions 9, 11, 13, and 17, nonpublic,
church or religious organization schools that provide instruction in compliance
with sections 120A.22, 120A.24, and 120A.41, and private colleges; public
corporations; Indian tribal governments; and state political
subdivisions; and public noncommercial educational television
broadcast stations as defined in section 129D.12, subdivision 2. It is not a telephone company for purposes
of chapter 237. The commissioner may
purchase, own, or lease any telecommunications network facilities or equipment
after first seeking bids or proposals and having determined that the private
sector cannot, will not, or is unable to provide these services, facilities, or
equipment as bid or proposed in a reasonable or timely fashion consistent with
policy set forth in this section. The
commissioner shall not resell or sublease any services or facilities to
nonpublic entities except to serve private schools and colleges. The commissioner has the responsibility for
planning, development, and operations of the state information infrastructure
in order to provide cost-effective telecommunications transmission services to
state information infrastructure users consistent with the policy set forth in
this section.
Sec. 43. Minnesota
Statutes 2002, section 16B.465, subdivision 7, is amended to read:
Subd. 7. [EXEMPTION.]
The system is exempt from the five-year limitation on contracts set by sections
16C.05, subdivision 2, paragraph (a), clause (5) (b), 16C.08,
subdivision 3, clause (7) (5), and 16C.09, clause (6) (5).
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 44. Minnesota
Statutes 2002, section 16B.47, is amended to read:
16B.47 [MICROGRAPHICS.]
The commissioner shall may provide micrographics
services and products to meet agency needs.
Within available resources, the commissioner may also provide
micrographic services to political subdivisions. Agency plans and programs for micrographics must be submitted to
and receive the approval of the commissioner prior to implementation. Upon the commissioner's approval, subsidiary
or independent microfilm operations may be implemented in other state agencies. The commissioner may direct that copies of official
state documents be distributed to official state depositories on microfilm.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 45. Minnesota
Statutes 2002, section 16B.48, subdivision 2, is amended to read:
Subd. 2. [PURPOSE OF
FUNDS.] Money in the state treasury credited to the general services revolving
fund and money that is deposited in the fund is appropriated annually to the
commissioner for the following purposes:
(1) to operate a central store and equipment service;
(2) to operate a central duplication and printing service;
(3) to operate the central mailing service, including
purchasing postage and related items and refunding postage deposits;
(4) (3) to operate a documents service as prescribed
by section 16B.51;
(5) (4) to provide services for the maintenance,
operation, and upkeep of buildings and grounds managed by the commissioner of
administration;
(6) (5) to operate a materials handling service,
including interagency mail and product delivery, solid waste removal, courier
service, equipment rental, and vehicle and equipment maintenance;
(7) (6) to provide analytical, statistical, and
organizational development services to state agencies, local units of
government, metropolitan and regional agencies, and school districts;
(8) (7) to operate a records center and provide
micrographics products and services; and
(9) (8) to perform services for any other
agency. Money may be expended for this
purpose only when directed by the governor. The agency receiving the services
shall reimburse the fund for their cost, and the commissioner shall make the
appropriate transfers when requested.
The term "services" as used in this clause means compensation
paid officers and employees of the state government; supplies, materials,
equipment, and other articles and things used by or furnished to an agency; and
utility services and other services for the maintenance, operation, and upkeep
of buildings and offices of the state government.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 46. Minnesota
Statutes 2002, section 16B.49, is amended to read:
16B.49 [CENTRAL MAILING SYSTEM.]
The commissioner shall may maintain and operate
for state agencies, departments, institutions, and offices a central mail
handling unit. Official, outgoing mail
for units in St. Paul must may be required to be delivered
unstamped to the unit. The unit shall
may also operate an interoffice mail distribution system. The department may add personnel and acquire
equipment that may be necessary to operate the unit efficiently and
cost-effectively. Account must be kept
of the postage required on that mail, which is then a proper charge against the
agency delivering the mail. To provide
funds for the payment of postage, each agency shall may be required
to make advance payments to the commissioner sufficient to cover its
postage obligations for at least 60 days.
For purposes of this section, the Minnesota state colleges and
universities is a state agency.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 47. Minnesota
Statutes 2002, section 16B.58, is amended by adding a subdivision to read:
Subd. 6a.
[PARKING RESTRICTIONS.] Notwithstanding any law to the
contrary:
(1) parking is prohibited in the terraces adjacent to the
carriage entrance on the south side of the capitol building;
(2) the ten parking spaces on Aurora Avenue closest to the
main entrance of the capitol building must be reserved for parking by
physically disabled persons displaying a certificate issued under
section 169.345; and
(3) the remainder of the parking spaces on Aurora Avenue
must be reserved for the general public during legislative session.
Sec. 48. [16C.045]
[REPORTING OF VIOLATIONS]
A state employee who discovers evidence of violation of laws
or rules governing state contracts is encouraged to report the violation
or suspected violation to the employee's supervisor, the commissioner or
the commissioner's designee, or the legislative auditor. The legislative auditor must report to the
legislative coordinating commission if there are multiple complaints
about the same agency. The auditor's
report to the legislative coordinating commission under this section
must disclose only the number and type of violations alleged. An employee making a good faith
report under this section is covered by section 181.932, prohibiting the
employer from discriminating against the employee.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 49. Minnesota
Statutes 2002, section 16C.05, subdivision 2, is amended to read:
Subd. 2. [CREATION AND
VALIDITY OF CONTRACTS.] (a) A contract is not valid and the state is not bound
by it and no agency, without the prior written approval of the
commissioner, may authorize work to begin on it unless:
(1) it has first been executed by the head of the agency or a
delegate who is a party to the contract;
(2) it has been approved by the commissioner; and
(3) it has been approved by the attorney general or a
delegate as to form and execution;
(4) the accounting system shows an obligation in
an expense budget or encumbrance for the amount of the contract liability;
and.
(5) (b) The combined contract and amendments shall
must not exceed five years without specific, written approval by the
commissioner according to established policy, procedures, and standards, or
unless otherwise provided for by law.
The term of the original contract must not exceed two years unless the
commissioner determines that a longer duration is in the best interest of the
state. Before approving a contract
amendment or extension, the commissioner must determine that: (1) the goods or services to be obtained
under the amendment or extension are substantially similar to those in
the original contract; and (2) the contracting agency has demonstrated
that the benefits to the agency of full and open competition do not
justify the time and expense of a separate solicitation for the goods or
services included in the contract amendment or extension. When the commissioner approves a
contract amendment or extension, the commissioner must post a summary of
the approval on the department's Web site for at least 60 days. The summary must include the contract
number, agency name, vendor, and the dollar amount of the contract
amendment or extension.
(b) (c) Grants, interagency agreements, purchase
orders, work orders, and annual plans need not, in the discretion of the
commissioner and attorney general, require the signature of the commissioner
and/or the attorney general. A
signature is not required for work orders and amendments to work orders related
to department of transportation contracts.
Bond purchase agreements by the Minnesota public facilities authority do
not require the approval of the commissioner.
(c) (d) A fully executed copy of every contract,
amendments to the contract, and performance evaluations relating to the
contract must be kept on file at the contracting agency for a time
equal to that specified for contract vendors and other parties in
subdivision 5.
(e) No action may be maintained by a contractor against an
employee or agency who discloses information about a current or former
contractor in a performance evaluation, including performance
evaluations required under section 16C.08, subdivision 4a, unless the
contractor demonstrates by clear and convincing evidence that:
(1) the information was false and defamatory;
(2) the employee or agency knew or should have known the
information was false and acted with malicious intent to injure the
current or former contractor; and
(3) the information was acted upon in a manner that caused
harm to the current or former contractor.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 50. Minnesota
Statutes 2002, section 16C.08, subdivision 2, is amended to read:
Subd. 2. [DUTIES OF
CONTRACTING AGENCY.] (a) Before an agency may seek approval of a professional
or technical services contract valued in excess of $5,000, it must certify
to the commissioner that provide the following:
(1) a description of how the proposed contract or amendment
is necessary and reasonable to advance the statutory mission of the
agency;
(2) a description of the agency's plan to notify firms or
individuals who may be available to perform the services called for
in the solicitation; and
(3) a description of the performance measures or other
tools that will be used to monitor and evaluate contract performance.
(b) In addition to the information in paragraph (a), clauses
(1) to (3), the agency must certify that:
(1) no current state employee is able and available to
perform the services called for by the contract;
(2) the normal competitive bidding mechanisms will not
provide for adequate performance of the services;
(3) the contractor has certified that the product of the
services will be original in character;
(4) (2) reasonable efforts were will be
made to publicize the availability of the contract to the public;
(5) the agency has received, reviewed, and accepted a
detailed work plan from the contractor for performance under the contract, if
applicable;
(6) (3) the agency has developed, will
develop and fully intends to implement, a written plan
providing for the assignment of specific agency personnel to a monitoring and
liaison function, the periodic review of interim reports or other indications
of past performance, and the ultimate utilization of the final product of the
services; and
(7) (4) the agency will not allow the contractor
to begin work before the contract is fully executed unless an exception has
been approved by the commissioner and funds are fully encumbered.;
(5) the contract will not establish an employment relationship
between the state or the agency and any persons performing under the
contract; and
(6) in the event the results of the contract work will be
carried out or continued by state employees upon completion of the contract,
the contractor is required to include state employees in development and
training, to the extent necessary to ensure that after completion of the
contract, state employees can perform any ongoing work related to the
same function.
(c) A contract establishes an employment relationship for
purposes of paragraph (b), clause (5), if, under federal laws governing
the distinction between an employee and an independent contractor, a
person would be considered an employee.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 51. Minnesota
Statutes 2002, section 16C.08, subdivision 3, is amended to read:
Subd. 3. [PROCEDURE FOR
PROFESSIONAL OR TECHNICAL SERVICES CONTRACTS.] Before approving a proposed
contract for professional or technical services, the commissioner must
determine, at least, that:
(1) all provisions of subdivision 2 and section 16C.16 have
been verified or complied with;
(2) the agency has demonstrated that the work to be
performed under the contract is necessary to the agency's achievement of its
statutory responsibilities and there is statutory authority to enter into the
contract;
(3) the contract will not establish an employment
relationship between the state or the agency and any persons performing under
the contract;
(4) the contractor and agents are not employees of the
state;
(5) no agency has previously
performed or contracted for the performance of tasks which would be
substantially duplicated under the proposed contract;
(6) (4) the contracting agency has specified a
satisfactory method of evaluating and using the results of the work to be
performed; and
(7) (5) the combined contract and amendments will
not exceed five years, unless otherwise provided for by law. The term of the original contract must not
exceed two years unless the commissioner determines that a longer duration is
in the best interest of the state.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 52. Minnesota Statutes
2002, section 16C.08, subdivision 4, is amended to read:
Subd. 4. [REPORTS.] (a)
The commissioner shall submit to the governor, the chairs of the house ways and
means and senate finance committees, and the legislative reference library a
yearly listing of all contracts for professional or technical services
executed. The report must identify the
contractor, contract amount, duration, and services to be provided. The commissioner shall also issue yearly
reports summarizing the contract review activities of the department by fiscal
year.
(b) The fiscal year report must be submitted by September 1 of
each year and must:
(1) be sorted by agency and by contractor;
(2) show the aggregate value of contracts issued by each agency
and issued to each contractor;
(3) distinguish between contracts that are being issued for the
first time and contracts that are being extended;
(4) state the termination date of each contract; and
(5) identify services by commodity code, including topics such
as contracts for training, contracts for research and opinions, and contracts
for computer systems.
(c) Within 30 days of final completion of a contract over $40,000
$50,000 covered by this subdivision, the head of the agency entering
into the contract must submit a one-page report to the commissioner who must
submit a copy to the legislative reference library. The report must:
(1) summarize the purpose of the contract, including why it was
necessary to enter into a contract;
(2) state the amount spent on the contract; and
(3) explain why this amount was a cost-effective way to
enable the agency to provide its services or products better or more
efficiently be accompanied by the performance evaluation prepared
in accordance with subdivision 4a.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 53. Minnesota
Statutes 2002, section 16C.08, is amended by adding a subdivision to read:
Subd. 4a.
[PERFORMANCE EVALUATION.] Upon completion of a professional or
technical services contract, an agency entering into the contract must
complete a written performance evaluation of the work done under the
contract. The evaluation must include
an appraisal of the contractor's timeliness, quality, cost, and overall performance
in meeting the terms and objectives of the contract, and evaluate the
extent to which the contract was a cost-effective way to enable the
agency to provide its services or products better or more efficiently.
Contractors may request copies of evaluations prepared under this
subdivision and may respond in writing.
Contractor responses must be maintained with the contract file.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 54. Minnesota
Statutes 2002, section 16C.09, is amended to read:
16C.09 [PROCEDURE FOR SERVICE CONTRACTS.]
(a) Before entering into or approving a service
contract, the commissioner must determine, at least, that:
(1) no current state employee is able and available to
perform the services called for by the contract;
(2) the work to be performed under the contract is
necessary to the agency's achievement of its statutory responsibilities and
there is statutory authority to enter into the contract;
(3) (2) the contract will not establish an
employment relationship between the state or the agency and any persons
performing under the contract;
(4) (3) the contractor and agents are not
employees of the state;
(5) (4) the contracting agency has specified a
satisfactory method of evaluating and using the results of the work to be
performed; and
(6) (5) the combined contract and amendments will
not exceed five years without specific, written approval by the commissioner
according to established policy, procedures, and standards, or unless otherwise
provided for by law. The term of the
original contract must not exceed two years, unless the commissioner determines
that a longer duration is in the best interest of the state.
(b) For purposes of paragraph (a), clause (1), employees are
available if qualified and:
(1) are already doing the work in question; or
(2) are on layoff status in classes that can do the work in
question.
An employee is not available
if the employee is doing other work, is retired, or has decided not to do the
work in question.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 55. Minnesota
Statutes 2002, section 16C.10, subdivision 7, is amended to read:
Subd. 7. [REVERSE
AUCTION.] (a) For the purpose of this subdivision, "reverse auction"
means a purchasing process in which vendors compete to provide goods or
services at the lowest selling price in an open and interactive
environment.
(b) The provisions of section 16C.06, subdivisions 2 and 3, do not
apply when the commissioner determines that a reverse auction is the
appropriate purchasing process. Notwithstanding
any contrary provision of sections 16C.26 to 16C.28, reverse auctions
are competitive bids and bid responses to reverse auctions may be
accepted instead of sealed bids, when the commissioner determines that a
reverse auction is the appropriate purchasing process.
Sec. 56. Minnesota Statutes 2002, section 16E.01, subdivision 3, is
amended to read:
Subd. 3. [DUTIES.] (a)
The office shall:
(1) coordinate the efficient and effective use of available
federal, state, local, and private resources to develop statewide information
and communications technology and its infrastructure;
(2) review state agency and intergovernmental information and
communications systems development efforts involving state or intergovernmental
funding, including federal funding, provide information to the
legislature regarding projects reviewed, and recommend projects for inclusion
in the governor's budget under section 16A.11;
(3) encourage cooperation and collaboration among state and
local governments in developing intergovernmental communication and information
systems, and define the structure and responsibilities of the information
policy council;
(4) cooperate and collaborate with the legislative and judicial
branches in the development of information and communications systems in those
branches;
(5) continue the development of North Star, the state's
official comprehensive online service and information initiative;
(6) promote and collaborate with the state's agencies in the
state's transition to an effectively competitive telecommunications market;
(7) collaborate with entities carrying out education and
lifelong learning initiatives to assist Minnesotans in developing technical
literacy and obtaining access to ongoing learning resources;
(8) promote and coordinate public information access and
network initiatives, consistent with chapter 13, to connect Minnesota's
citizens and communities to each other, to their governments, and to the world;
(9) promote and coordinate electronic commerce initiatives to
ensure that Minnesota businesses and citizens can successfully compete in the
global economy;
(10) promote and coordinate the regular and periodic
reinvestment in the core information and communications technology
infrastructure so that state and local government agencies can effectively and
efficiently serve their customers;
(11) facilitate the cooperative development of standards for
information systems, electronic data practices and privacy, and electronic
commerce among international, national, state, and local public and private
organizations; and
(12) work with others to avoid unnecessary duplication of
existing services provided by other public and private organizations while
building on the existing governmental, educational, business, health care, and
economic development infrastructures.
(b) The commissioner of administration in consultation with
the commissioner of finance may determine that it is cost-effective
for agencies to develop and use shared information and communications
technology systems for the delivery of electronic government
services. This determination may
be made if an agency proposes a new system that duplicates an existing
system, a system in development, or a system being proposed by another
agency. The commissioner of
administration shall establish reimbursement rates in cooperation with
the commissioner of finance to be billed to agencies and other governmental
entities sufficient to cover the actual development, operating,
maintenance, and administrative costs of the shared systems. The methodology for billing may include depositing
such funds in the technology enterprise fund, the use of interagency
agreements, or other means as allowed by law.
Sec. 57. Minnesota Statutes 2002, section 16E.07, subdivision 9, is
amended to read:
Subd. 9. [AGGREGATION
OF SERVICE DEMAND.] The office shall identify opportunities to aggregate demand
for technical services required by government units for online activities and
may contract with governmental or nongovernmental entities to provide
services. These contracts are not
subject to the requirements of chapters 16B and 16C, except sections 16C.04, 16C.07,
16C.08, and 16C.09.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 58. Minnesota
Statutes 2002, section 16E.09, subdivision 1, is amended to read:
Subdivision 1. [FUND
ESTABLISHED.] A technology enterprise fund is established. Money deposited in the fund is appropriated
to the commissioner of administration for the purpose of funding technology
projects among government entities that promote cooperation, innovation, and
shared use of technology and technology standards, and electronic government
services. Savings generated by
information technology and communications projects or purchases, including
rebates, refunds, discounts, or other savings generated from aggregated
purchases of software, services, or technology products, may be
deposited in the fund upon agreement by the commissioner of administration and
the executive of the government entity generating the funds. The commissioner of administration may
apply for and accept grants, contributions, or other gifts from the
federal government and other public or private sources for deposit into
the fund. The commissioner may accept
paid advertising for departmental publications, media productions, state
Web pages, and other informational materials. Unless otherwise provided in statute, advertising revenues
received shall first be used to defray costs associated with production
and promotion of advertising activities and the remaining balance
shall be deposited into the fund. The
commissioner may not accept paid advertising from an elected official or
candidate for elected office.
The transfer of funds between state agencies is subject to the approval
of the commissioner of finance. The
commissioner of finance shall notify the chairs of the committees funding the
affected state agencies of the transfers.
Funds are available until June 30, 2005.
Sec. 59. [43A.311]
[DRUG PURCHASING PROGRAM.]
The commissioner of employee relations, in conjunction with
other state agencies, shall evaluate whether participation in a multistate
or multiagency drug purchasing program can reduce costs or improve the
operations of the drug benefit programs administered by the department
and other state agencies. The commissioner
and other state agencies must enter into a contract with a vendor or
other states for purposes of participating in a multistate or
multiagency drug purchasing program.
Sec. 60. Minnesota
Statutes 2002, section 69.772, subdivision 2, is amended to read:
Subd. 2. [DETERMINATION
OF ACCRUED LIABILITY.] Each firefighters' relief association which pays a
service pension when a retiring firefighter meets the minimum requirements for
entitlement to a service pension specified in section 424A.02 and which in its
articles of incorporation or bylaws requires service credit for a period of
service of at least 20 years of active service for a totally nonforfeitable
service pension shall determine the accrued liability of the special fund of
the firefighters' relief association relative to each active or deferred
member of the relief association, calculated individually using the following
table:
Cumulative Accrued
Year Liability
............. .............
1
$60
2
124
3 190
4
260
5
334
6
410
7
492
8
576
9
666
10
760
11
858
12
962
13
1070
14
1184
15
1304
16
1428
17
1560
18
1698
19
1844
20
2000
21
and thereafter
100 additional
per year
As set forth in the table the accrued liability for each member
or deferred member of the relief association corresponds to the
cumulative years of active service to the credit of the member. The accrued liability of the special fund
for each active or deferred member is determined by multiplying the
accrued liability from the chart by the ratio of the lump sum service pension
amount currently provided for in the bylaws of the relief association to a
service pension of $100 per year of service.
If a member has fractional service as of December 31, the figure for
service credit to be used for the determination of accrued liability pursuant
to this section shall be rounded to the nearest full year of service
credit. The total accrued liability of
the special fund as of December 31 shall be the sum of the accrued liability
attributable to each active or deferred member of the relief
association.
To the extent that the state auditor considers it to be necessary
or practical, the state auditor may specify and issue procedures, forms,
or mathematical tables for use in performing the calculations of the
accrued liability for deferred members pursuant to this subdivision.
Sec. 61. Minnesota
Statutes 2002, section 115A.929, is amended to read:
115A.929 [FEES; ACCOUNTING.]
Each political subdivision that provides for solid waste
management shall account for all revenue collected from waste management fees,
together with interest earned on revenue from the fees, separately from other
revenue collected by the political subdivision and shall report revenue
collected from the fees and use of the revenue separately from other revenue
and use of revenue in any required financial report or audit. Each political
subdivision must file with the director, on or before June 30 annually,
the separate report of all revenue collected from waste management fees,
together with interest on revenue from the fees, for the previous year. For the purposes of this section,
"waste management fees" means:
(1) all fees, charges, and surcharges collected under sections
115A.919, 115A.921, and 115A.923;
(2) all tipping fees collected at waste management facilities
owned or operated by the political subdivision;
(3) all charges imposed by the political subdivision for waste
collection and management services; and
(4) any other fees, charges, or surcharges imposed on waste or
for the purpose of waste management, whether collected directly from generators
or indirectly through property taxes or as part of utility or other charges for
services provided by the political subdivision.
Sec. 62. Minnesota
Statutes 2002, section 116J.8771, is amended to read:
116J.8771 [WAIVER.]
The capital access program is exempt from section 16C.05,
subdivision 2, paragraph (a), clause (5) (b).
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 63. Minnesota
Statutes 2002, section 136F.77, subdivision 3, is amended to read:
Subd. 3. [NO
ABROGATION.] Nothing in this section shall abrogate the provisions of sections
43A.047 and section 136F.581.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 64. Minnesota Statutes 2002, section 179A.03, subdivision
7, is amended to read:
Subd. 7. [ESSENTIAL
EMPLOYEE.] "Essential employee" means firefighters, peace officers
subject to licensure under sections 626.84 to 626.863, 911 system and police
and fire department public safety dispatchers, guards at correctional
facilities, confidential employees, supervisory employees, assistant county
attorneys, assistant city attorneys, principals, and assistant principals. However, for state employees,
"essential employee" means all employees in law enforcement, health
care professionals, health care nonprofessionals, correctional guards,
professional engineering, and supervisory collective bargaining units,
irrespective of severance, and no other employees. For University of Minnesota employees, "essential
employee" means all employees in law enforcement, nursing professional and
supervisory units, irrespective of severance, and no other employees. "Firefighters" means salaried
employees of a fire department whose duties include, directly or indirectly,
controlling, extinguishing, preventing, detecting, or investigating fires. Employees for whom the state court
administrator is the negotiating employer are not essential employees.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 65. Minnesota
Statutes 2002, section 192.501, subdivision 2, is amended to read:
Subd. 2. [TUITION AND
TEXTBOOK REIMBURSEMENT GRANT PROGRAM.] (a) The adjutant general shall establish
a program to provide tuition and textbook reimbursement grants to eligible
members of the Minnesota national guard within the limitations of this
subdivision.
(b) Eligibility is limited to a member of the national guard who:
(1) is serving satisfactorily as defined by the adjutant
general;
(2) is attending a post-secondary educational institution, as
defined by section 136A.15, subdivision 6, including a vocational or technical
school operated or regulated by this state or another state or province; and
(3) provides proof of satisfactory completion of coursework, as
defined by the adjutant general.
In addition, if a member of the Minnesota national guard is
killed in the line of state active service or federally funded state active
service, as defined in section 190.05, subdivisions 5a and 5b, the member's
surviving spouse, and any surviving dependent who has not yet reached 24 years
of age, is eligible for a tuition and textbook reimbursement grant.
The adjutant general may, within the limitations of this
paragraph and other applicable laws, determine additional eligibility criteria
for the grant, and must specify the criteria in department regulations and
publish changes as necessary.
(c) The amount of a tuition and textbook reimbursement grant
must be specified on a schedule as determined and published in department
regulations by the adjutant general, but is limited to a maximum of an amount
equal to the greater of:
(1) 80 percent of the cost of tuition for lower division
programs in the college of liberal arts at the twin cities campus of the
University of Minnesota in the most recent academic year; or
(2) 80 percent of the cost of tuition for the program in which
the person is enrolled at that Minnesota public institution, or if that public
institution is outside the state of Minnesota, for the cost of a comparable
program at the University of Minnesota, except that in the case of a survivor
as defined in paragraph (b), the amount of the tuition and textbook
reimbursement grant for coursework satisfactorily completed by the person is
limited to 100 percent of the cost of tuition for post-secondary courses at a
Minnesota public educational institution.
Paragraph (b) notwithstanding, a person is no longer eligible
for a grant under this subdivision once the person has received grants under
this subdivision for the equivalent of 208 quarter credits or 144 semester
credits of coursework.
(d) Tuition and textbook reimbursement grants received under this
subdivision may not be considered by the Minnesota higher education services
office or by any other state board, commission, or entity in determining a
person's eligibility for a scholarship or grant-in-aid under sections 136A.095
to 136A.1311.
(e) If a member fails to complete a term of enlistment during
which a tuition and textbook reimbursement grant was paid, the adjutant general
may seek to recoup a prorated amount as determined by the adjutant general.
(f) The adjutant general shall maintain records and report
any findings to the legislature by March 1, 2003, on the impact of increasing
the reimbursement amounts under paragraph (c) during the period July 1, 2001,
through December 31, 2002.
(g) This paragraph, paragraph (f), and the amendments
made by Laws 2001, First Special Session chapter 10 to paragraph (c) expire
June 30, 2003.
Sec. 66. Minnesota
Statutes 2002, section 197.608, is amended to read:
197.608 [VETERANS SERVICE OFFICE GRANT PROGRAM.]
Subdivision 1. [GRANT
PROGRAM.] A veterans service office grant program is established to be
administered by the commissioner of veterans affairs consisting of grants to
counties to enable them to enhance the effectiveness of their veterans service
offices.
Subd. 2. [RULE
DEVELOPMENT.] The commissioner of veterans affairs shall consult with
the Minnesota association of county veterans service officers in formulating
rules to implement the grant program.
Subd. 2a. [GRANT
CYCLE.] Counties may become eligible to receive grants on a three-year
rotating basis according to a schedule to be developed and announced in
advance by the commissioner. The
schedule must list no more than one-third of the counties in each year
of the three-year cycle. A county may
be considered for a grant only in the year of its listing in the schedule.
Subd. 3. [ELIGIBILITY.]
(a) To be eligible for a grant under this program, a county must:
(1) employ a county veterans service officer as
authorized by sections 197.60 and 197.606, who is certified to serve in this
position by the commissioner of veterans affairs;.
(2) submit a written plan for the proposed expenditures to
enhance the functioning of the county veterans service office in accordance
with the program rules; and
(3) apply for the grant according to procedures to be
established for this program by the commissioner and receive written approval
from the commissioner for the grant in advance of making the proposed
expenditures.
(b) A county that employs a newly hired county veterans service
officer who is serving an initial probationary period and who has not
been certified by the commissioner is eligible to receive a grant under
subdivision 2a.
(c) Except for the situation described in paragraph (b), a
county whose veterans service officer does not receive certification
during any year of the three-year cycle is not eligible to receive a
grant during the remainder of that cycle or the next three-year cycle.
Subd. 4. [GRANT APPLICATION
PROCESS.] (a) A grant application must be submitted to the department
of veterans affairs according to procedures to be established by the
commissioner. The grant application
must include a specific description of the plan for enhancing the operation of
the county veterans service office. The commissioner shall determine
the process for awarding grants. A
grant may be used only for the purpose of enhancing the operations of
the county veterans service office.
(b) The commissioner shall provide a list of qualifying uses
for grant expenditures as developed in subdivision 5 and shall
approve a grant application only if it meets the criteria for
eligibility as established and announced by the commissioner for a
qualifying use and if there are sufficient funds remaining in the
grant program to cover the full amount of the grant. The commissioner may request modification
of a plan. If the commissioner rejects
a grant application, written reasons for the rejection must be provided to the
applicant county and the county may modify the application and resubmit it.
Subd. 5.
[QUALIFYING USES.] The commissioner of veterans affairs shall determine
whether the plan specified in the grant application will enable the applicant
county to enhance the effectiveness of its county veterans office.
Notwithstanding subdivision 3, clause (1), a county may
apply for and use a grant for the training and education required by the
commissioner for a newly employed county veterans service officer's
certificate, or for the continuing education of other staff consult with
the Minnesota association of county veterans service officers in
developing a list of qualifying uses for grants awarded under this
program.
Subd. 6. [GRANT
AMOUNT.] The amount of each grant must be determined by the commissioner of
veterans affairs, and may not exceed the lesser of:
(1) the amount specified in the grant application to be
expended on the plan for enhancing the effectiveness of the county veterans
service office; or
(2) the county's share of the total funds available under
the program, determined in the following manner:
(i) $1,400, if the county's veteran population is less
than 1,000, the county's grant share shall be $2,000;
(ii) $2,800, if the county's veteran population is 1,000
or more but less than 3,000, the county's grant share shall be $4,000;
(iii) $4,200, if the county's veteran population is
3,000 or more but less then 10,000, the county's grant share shall be $6,000;
or
(iv) $5,600, if the county's veteran population is
10,000 or more, the county's grant share shall be $8,000.
In any year, only one-half of the counties in each of the
four veteran population categories (i) to (iv) may be awarded grants. Grants shall be awarded on a first-come
first-served basis to counties submitting applications which meet the
commissioner's criteria as established in the rules. Any county not receiving a grant in any given year shall receive
priority consideration for a grant the following year.
In any year, after a period of time to be determined by the
commissioner, any amounts remaining from undistributed county grant shares may
be reallocated to the other counties which have submitted qualifying
application.
The veteran population of each county shall be determined by
the figure supplied by the United States Department of Veterans Affairs, as
adopted by the commissioner.
Subd. 7.
[RECAPTURE.] If a county fails to use the grant for the
qualified use approved by the commissioner, the commissioner shall seek
recovery of the grant from the county and the county must repay the
grant amount.
Sec. 67. Minnesota
Statutes 2002, section 240.03, is amended to read:
240.03 [COMMISSION POWERS AND DUTIES.]
The commission has the following powers and duties:
(1) to regulate horse racing in Minnesota to ensure that it is
conducted in the public interest;
(2) to issue licenses as provided in this chapter;
(3) to enforce all laws and rules
governing horse racing;
(4) to collect and distribute all taxes provided for in this
chapter;
(5) to conduct necessary investigations and inquiries and
compel the submission of information, documents, and records it deems necessary
to carry out its duties;
(6) to supervise the conduct of pari-mutuel betting on horse
racing;
(7) to employ and supervise personnel under this chapter;
(8) to determine the number of racing days to be held in the
state and at each licensed racetrack; and
(9) to take all necessary steps to ensure the integrity of
racing in Minnesota.; and
(10) to impose fees on the racing and card playing industries
sufficient to recover the operating costs of the commission with the
approval of the legislature according to section 16A.1283. Notwithstanding section 16A.1283, when the
legislature is not in session, the commissioner of finance may grant
interim approval for any new fees or adjustments to existing fees that
are not statutorily specified, until such time as the legislature
reconvenes and acts upon the new fees or adjustments. As part of its biennial budget request, the
commission must propose changes to its fees that will be sufficient
to recover the operating costs of the commission.
Sec. 68. Minnesota
Statutes 2002, section 240.10, is amended to read:
240.10 [LICENSE FEES.]
The fee for a class A license is $10,000 per year. The fee for a class B license is $100 for
each assigned racing day on which racing is actually conducted, and $50 for
each day on which simulcasting is authorized and actually takes place, plus
$10,000 per year if the class B license includes authorization to operate a
card club. The fee for a class D
license is $50 for each assigned racing day on which racing is actually
conducted. Fees imposed on class B and
class D licenses must be paid to the commission at a time and in a manner as
provided by rule of the commission.
The commission shall by rule establish an annual license fee
for each occupation it licenses under section 240.08 but no annual fee for a
class C license may exceed $100.
License fee payments received must be paid by the commission
to the state treasurer for deposit in the general fund.
Sec. 69. Minnesota
Statutes 2002, section 240.15, subdivision 6, is amended to read:
Subd. 6. [DISPOSITION
OF PROCEEDS; ACCOUNT.] The commission shall distribute all money
received under this section, and all money received from license fees and fines
it collects, as follows: according to this subdivision. All money designated for deposit in the
Minnesota breeders fund must be paid into that fund for distribution under
section 240.18 except that all money generated by full racing card simulcasts
must be distributed as provided in section 240.18, subdivisions 2, paragraph
(d), clauses (1), (2), and (3); and 3.
Revenue from an admissions tax imposed under subdivision 1 must be paid
to the local unit of government at whose request it was imposed, at times and
in a manner the commission determines. All
other revenues Taxes received under this section by the
commission, and all license fees, fines, and other revenue it receives, and
fines collected under section 240.22 must be paid to the state treasurer
for deposit in the general fund. All
revenues from licenses and other fees imposed by the commission must be
deposited in the state treasury and credited to a racing and card
playing regulation account in the special revenue fund. Receipts in this
account are available for the operations of the commission up to the
amount authorized in biennial appropriations from the legislature.
Sec. 70. Minnesota Statutes 2002, section 240.155, subdivision 1, is amended
to read:
Subdivision 1.
[REIMBURSEMENT ACCOUNT CREDIT.] Money received by the commission as
reimbursement for the costs of services provided by assistant
veterinarians, stewards, and medical testing of horses must be deposited in the
state treasury and credited to a racing reimbursement account, except as
provided under subdivision 2. Receipts
are appropriated to the commission to pay the costs of providing the services.
Sec. 71. Minnesota
Statutes 2002, section 240A.03, subdivision 10, is amended to read:
Subd. 10. [USE
AGREEMENTS AND FEES.] The commission may lease, license, or enter into
agreements and may fix, alter, charge, and collect rentals, fees, and charges
to persons for the use, occupation, and availability of part or all of any
premises, property, or facilities under its ownership, operation, or
control. Fees charged by the
commission are not subject to section 16A.1285. The commission may also impose other fees it deems
appropriate with the approval of the legislature according to section
16A.1283. Notwithstanding section
16A.1283, when the legislature is not in session, the commissioner of
finance may grant interim approval of the fees, until such time as the
legislature reconvenes and acts upon the fees. Revenues generated by the commission under this section must
be sufficient to offset the biennial appropriations it receives from the
legislature and must be deposited to the state treasury and credited to
the general fund. A use agreement
may provide that the other contracting party has exclusive use of the premises
at the times agreed upon. As part of
its biennial budget request, the commission must propose changes to its
fees that will be sufficient to recover the direct appropriation to the
commission.
Sec. 72. Minnesota
Statutes 2002, section 240A.03, subdivision 15, is amended to read:
Subd. 15.
[ADVERTISING.] The commission may accept paid advertising in its
publications. Funds received from
advertising are annually appropriated to the commission for its publications. The commission must annually report the
amount of funds received under this subdivision to the chair of the house of
representatives ways and means and senate finance committees must be
deposited to the state treasury and credited to the general fund.
Sec. 73. Minnesota
Statutes 2002, section 240A.04, is amended to read:
240A.04 [PROMOTION AND DEVELOPMENT OF AMATEUR SPORTS.]
In addition to the powers and duties granted under section
240A.03, the commission shall may:
(1) promote the development of olympic training centers;
(2) promote physical fitness by promoting participation in
sports;
(3) develop, foster, and coordinate physical fitness services
and programs;
(4) sponsor amateur sport workshops, clinics, and conferences;
(5) provide recognition for outstanding developments,
achievements, and contributions to amateur sports;
(6) stimulate and promote amateur sport research;
(7) collect, disseminate, and communicate amateur sport
information;
(8) promote amateur sport and physical fitness programs in
schools and local communities;
(9) develop programs to promote
personal health and physical fitness by participation in amateur sports in
cooperation with medical, dental, sports medicine, and similar professional
societies;
(10) promote the development of recreational amateur sport
opportunities and activities in the state, including the means of facilitating
acquisition, financing, construction, and rehabilitation of sports facilities
for the holding of amateur sporting events;
(11) promote national and international amateur sport
competitions and events;
(12) sanction or sponsor amateur sport competition;
(13) take membership in regional or national amateur sports
associations or organizations; and
(14) promote the mainstreaming and normalization of people with
physical disabilities and visual and hearing impairments in amateur sports.
Sec. 74. Minnesota
Statutes 2002, section 240A.06, subdivision 1, is amended to read:
Subdivision 1. [SPONSORSHIP
REQUIRED.] The commission shall may sponsor and sanction a series
of statewide amateur athletic games patterned after the winter and summer
Olympic Games, with variations as required by facilities, equipment, and
expertise, and as necessary to include people with physical disabilities and
visual and hearing impairments. The
games may be held annually beginning in 1989, if money and facilities are
available, unless the time of the games would conflict with other sporting
events as the commission determines.
Sec. 75. Minnesota
Statutes 2002, section 256B.435, subdivision 2a, is amended to read:
Subd. 2a. [DURATION AND
TERMINATION OF CONTRACTS.] (a) All contracts entered into under this section
are for a term of one year. Either
party may terminate this contract at any time without cause by providing 90
calendar days' advance written notice to the other party. Notwithstanding section 16C.05, subdivisions
2, paragraph (a) (b), and 5, if neither party provides written
notice of termination, the contract shall be renegotiated for additional
one-year terms or the terms of the existing contract will be extended for one
year. The provisions of the contract
shall be renegotiated annually by the parties prior to the expiration date of
the contract. The parties may
voluntarily renegotiate the terms of the contract at any time by mutual
agreement.
(b) If a nursing facility fails to comply with the terms of a
contract, the commissioner shall provide reasonable notice regarding the breach
of contract and a reasonable opportunity for the facility to come into
compliance. If the facility fails to
come into compliance or to remain in compliance, the commissioner may terminate
the contract. If a contract is
terminated, provisions of section 256B.48, subdivision 1a, shall apply.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 76. Minnesota
Statutes 2002, section 268.186, is amended to read:
268.186 [RECORDS.]
(a) Each employer shall keep true and accurate records for the
periods of time and containing the information the commissioner may
require. For the purpose of
administering this chapter, the commissioner has the power to examine, or cause
to be supplied or copied, any books, correspondence, papers, records, or
memoranda that are relevant, whether the books, correspondence, papers,
records, or memoranda are the property of or in the possession of the employer
or any other person at any reasonable time and as often as may be necessary.
(b) The commissioner may make
summaries, compilations, photographs, duplications, or reproductions of any
records, or reports that the commissioner considers advisable for the
preservation of the information contained therein. Any summaries, compilations, photographs, duplications, or
reproductions shall be admissible in any proceeding under this chapter. Regardless of any restrictions contained
in section 16B.50, The commissioner may duplicate records, reports,
summaries, compilations, instructions, determinations, or any other written or
recorded matter pertaining to the administration of this chapter.
(c) Regardless of any law to the contrary, the commissioner may
provide for the destruction of any records, reports, or reproductions thereof,
or other papers, that are more than two years old, and that are no longer
necessary for determining employer liability or an applicant's unemployment
benefit rights or for the administration of this chapter, including any
required audit. The commissioner may
provide for the destruction or disposition of any record, report, or other
paper that has been photographed, duplicated, or reproduced.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 77. Minnesota
Statutes 2002, section 270.052, is amended to read:
270.052 [AGREEMENT WITH INTERNAL REVENUE SERVICE.]
Pursuant to section 270B.12, the commissioner may enter into an
agreement with the Internal Revenue Service to identify taxpayers who have
refunds due from the department of revenue and liabilities owing to the
Internal Revenue Service. In accordance
with the procedures established in the agreement, the Internal Revenue Service
may levy against the refunds to be paid by the department of revenue. For each refund levied upon, the commissioner
shall first deduct from the refund a fee of $20, and then remit the
refund or the amount of the levy, whichever is less, to the Internal
Revenue Service. The proceeds of fees
shall be deposited into the department of revenue recapture revolving
fund under section 270A.07, subdivision 1.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 78. Minnesota
Statutes 2002, section 270.44, is amended to read:
270.44 [CHARGES FOR COURSES, EXAMINATIONS OR MATERIALS.]
The board may establish reasonable fees or charges for
courses, examinations or materials, the proceeds of which shall be used to
finance the activities and operation of the board.
The board shall charge the following fees:
(1) $105 for a senior accredited Minnesota assessor license;
(2) $80 for an accredited Minnesota assessor license;
(3) $65 for a certified Minnesota assessor specialist license;
(4) $55 for a certified Minnesota assessor license;
(5) $50 for a course challenge examination;
(6) $35 for grading a form appraisal;
(7) $60 for grading a narrative appraisal;
(8) $30 for a reinstatement fee;
(9) $25 for a record retention fee;
(10) $20 for an educational transcript; and
(11) $30 for all retests of board-sponsored educational courses.
[EFFECTIVE DATE.] This
section is effective for license terms beginning on or after July 1,
2004, and for all other fees imposed on or after July 1, 2004.
Sec. 79. Minnesota
Statutes 2002, section 270A.07, subdivision 1, is amended to read:
Subdivision 1.
[NOTIFICATION REQUIREMENT.] Any claimant agency, seeking collection of a
debt through setoff against a refund due, shall submit to the commissioner
information indicating the amount of each debt and information identifying the
debtor, as required by section 270A.04, subdivision 3.
For each setoff of a debt against a refund due, the
commissioner shall charge a fee of $10 $15. The proceeds of fees shall be allocated by
depositing $2.55 $4 of each $10 $15 fee collected
into a department of revenue recapture revolving fund and depositing the
remaining balance into the general fund.
The sums deposited into the revolving fund are appropriated to the
commissioner for the purpose of administering the Revenue Recapture Act.
The claimant agency shall notify the commissioner when a debt
has been satisfied or reduced by at least $200 within 30 days after
satisfaction or reduction.
[EFFECTIVE DATE.] This
section is effective for refund setoffs after June 30, 2003.
Sec. 80. Minnesota
Statutes 2002, section 289A.08, subdivision 16, is amended to read:
Subd. 16. [TAX REFUND
OR RETURN PREPARERS; ELECTRONIC FILING; PAPER FILING FEE IMPOSED.]
(a) A "tax refund or return preparer," as defined in section 289A.60,
subdivision 13, paragraph (g), who prepared more than 500 Minnesota individual
income tax returns for the prior calendar year must file all Minnesota
individual income tax returns prepared for the current calendar year by
electronic means.
(b) For tax returns prepared for the tax year beginning in
2001, the "500" in paragraph (a) is reduced to 250.
(c) For tax returns prepared for tax years beginning after
December 31, 2001, the "500" in paragraph (a) is reduced to 100.
(d) Paragraph (a) does not apply to a return if the taxpayer
has indicated on the return that the taxpayer did not want the return filed by
electronic means.
(e) For each return that is not filed electronically by a
tax refund or return preparer under this subdivision, including returns
filed under paragraph (d), a paper filing fee of $5 is imposed upon the
preparer. The fee is collected from the
preparer in the same manner as income tax.
If the department of revenue requires that a return be filed in
writing, no fee shall be imposed upon the preparer.
[EFFECTIVE DATE.] This
section is effective for returns filed for tax years beginning after
December 31, 2002.
Sec. 81. Minnesota
Statutes 2002, section 306.95, is amended to read:
306.95 [DUTIES OF THE COUNTY AUDITOR.]
Subdivision 1.
[NOTIFICATION OF STATE AUDITOR.] Any county auditor finding
evidence of violations of this chapter when reviewing reports or bonds filed by
any person, firm, partnership, association, or corporation operating a
cemetery, mausoleum, or columbarium must notify the state auditor's office
county attorney in a timely manner of such finding.
Subd. 2. [ANNUAL
LETTER.] Every county auditor must file an annual letter by May 31 with the state
auditor's office county attorney disclosing whether the county auditor
has detected any indications of violations of this chapter in the reports or
bonds which were filed or should have been filed. If the county auditor has not detected from the information
supplied to the county auditor any such indications, that fact must be reported
to the state auditor county attorney in the annual letter.
Sec. 82. [326.992]
[BOND REQUIREMENT; GAS, HEATING, VENTILATION, AIR CONDITIONING, REFRIGERATION
(G/HVACR) CONTRACTORS.]
(a) A person contracting to do gas, heating, ventilation,
cooling, air conditioning, fuel burning, or refrigeration work must
give bond to the state in the amount of $25,000 for all work entered
into within the state. The bond must be
for the benefit of persons suffering financial loss by reason of the
contractor's failure to comply with the requirements of the State
Mechanical Code. A bond given to the
state must be filed with the commissioner of administration and is in
lieu of all other bonds to any political subdivision required for work
covered by this section. The bond
must be written by a corporate surety licensed to do business in the
state.
(b) The commissioner of administration may charge each person
giving bond under this section an annual bond filing fee of $25. The money must be deposited in the state
government special revenue fund and is appropriated to the commissioner
to cover the cost of administering the bond program.
Sec. 83. Minnesota
Statutes 2002, section 349.12, is amended by adding a subdivision to read:
Subd. 11a. [DISTRIBUTOR
SALESPERSON.] "Distributor salesperson" means a person who
in any manner receives orders for gambling equipment or who solicits a
licensed, exempt, or excluded organization to purchase gambling
equipment from a licensed distributor.
Sec. 84. Minnesota
Statutes 2002, section 349.12, subdivision 25, is amended to read:
Subd. 25. [LAWFUL
PURPOSE.] (a) "Lawful purpose" means one or more of the following:
(1) any expenditure by or contribution to a 501(c)(3) or
festival organization, as defined in subdivision 15a, provided that the
organization and expenditure or contribution are in conformity with standards
prescribed by the board under section 349.154, which standards must apply to
both types of organizations in the same manner and to the same extent;
(2) a contribution to an individual or family suffering from
poverty, homelessness, or physical or mental disability, which is used to
relieve the effects of that poverty, homelessness, or disability;
(3) a contribution to an individual for treatment for delayed
posttraumatic stress syndrome or a contribution to a program recognized by the
Minnesota department of human services for the education, prevention, or
treatment of compulsive gambling;
(4) a contribution to or expenditure on a public or private
nonprofit educational institution registered with or accredited by this state
or any other state;
(5) a contribution to a scholarship fund for defraying the cost
of education to individuals where the funds are awarded through an open and
fair selection process;
(6) activities by an organization or a government entity which
recognize humanitarian or military service to the United States, the state of
Minnesota, or a community, subject to rules of the board, provided that the
rules must not include mileage reimbursements in the computation of the per
occasion reimbursement limit and must impose no aggregate annual limit on the
amount of reasonable and necessary expenditures made to support:
(i) members of a military marching or color guard unit for
activities conducted within the state;
(ii) members of an organization solely for services performed
by the members at funeral services; or
(iii) members of military marching, color guard, or honor guard
units may be reimbursed for participating in color guard, honor guard, or
marching unit events within the state or states contiguous to Minnesota at a
per participant rate of up to $35 per occasion;
(7) recreational, community, and athletic facilities and
activities intended primarily for persons under age 21, provided that such
facilities and activities do not discriminate on the basis of gender and the
organization complies with section 349.154;
(8) payment of local taxes authorized under this chapter, taxes
imposed by the United States on receipts from lawful gambling, the taxes
imposed by section 297E.02, subdivisions 1, 4, 5, and 6, and the tax imposed on
unrelated business income by section 290.05, subdivision 3;
(9) payment of real estate taxes and assessments on permitted gambling
premises wholly owned by the licensed organization paying the taxes, or wholly
leased by a licensed veterans organization under a national charter recognized
under section 501(c)(19) of the Internal Revenue Code, not to exceed:
(i) for premises used for bingo, the amount that an
organization may expend under board rules on rent for bingo; and
(ii) $35,000 per year for premises used for other forms of
lawful gambling;
(10) a contribution to the United States, this state or any of
its political subdivisions, or any agency or instrumentality thereof other than
a direct contribution to a law enforcement or prosecutorial agency;
(11) a contribution to or expenditure by a nonprofit
organization which is a church or body of communicants gathered in common
membership for mutual support and edification in piety, worship, or religious
observances;
(12) payment of the reasonable costs of an audit required in
section 297E.06, subdivision 4, provided the annual audit is filed in a timely
manner with the department of revenue;
(13) a contribution to or expenditure on a wildlife management
project that benefits the public at-large, provided that the state agency with
authority over that wildlife management project approves the project before the
contribution or expenditure is made;
(14) expenditures, approved by the commissioner of natural
resources, by an organization for grooming and maintaining snowmobile trails
and all-terrain vehicle trails that are (1) grant-in-aid trails established
under section 85.019, or (2) other trails open to public use, including
purchase or lease of equipment for this purpose; or
(15) conducting nutritional programs, food shelves, and
congregate dining programs primarily for persons who are age 62 or older or
disabled;
(16) a contribution to a community arts organization, or an
expenditure to sponsor arts programs in the community, including but not
limited to visual, literary, performing, or musical arts;
(17) payment of heat, water, sanitation, telephone, and other
utility bills for a building owned or leased by, and used as the primary
headquarters of, a veterans organization; or
(18) expenditure by a veterans organization of up to $5,000 in
a calendar year in net costs to the organization for meals and other membership
events, limited to members and spouses, held in recognition of military service;
or
(19) payment of fees authorized under this chapter imposed
by the state of Minnesota to conduct lawful gambling in Minnesota.
(b) Notwithstanding paragraph (a), "lawful purpose"
does not include:
(1) any expenditure made or incurred for the purpose of
influencing the nomination or election of a candidate for public office or for
the purpose of promoting or defeating a ballot question;
(2) any activity intended to influence an election or a
governmental decision-making process;
(3) the erection, acquisition, improvement, expansion, repair,
or maintenance of real property or capital assets owned or leased by an
organization, unless the board has first specifically authorized the
expenditures after finding that (i) the real property or capital assets will be
used exclusively for one or more of the purposes in paragraph (a); (ii) with
respect to expenditures for repair or maintenance only, that the property is or
will be used extensively as a meeting place or event location by other
nonprofit organizations or community or service groups and that no rental fee
is charged for the use; (iii) with respect to expenditures, including a
mortgage payment or other debt service payment, for erection or acquisition
only, that the erection or acquisition is necessary to replace with a
comparable building, a building owned by the organization and destroyed or made
uninhabitable by fire or natural disaster, provided that the expenditure may be
only for that part of the replacement cost not reimbursed by insurance; (iv)
with respect to expenditures, including a mortgage payment or other debt
service payment, for erection or acquisition only, that the erection or acquisition
is necessary to replace with a comparable building a building owned by the
organization that was acquired from the organization by eminent domain or sold
by the organization to a purchaser that the organization reasonably believed
would otherwise have acquired the building by eminent domain, provided that the
expenditure may be only for that part of the replacement cost that exceeds the
compensation received by the organization for the building being replaced; or
(v) with respect to an expenditure to bring an existing building into
compliance with the Americans with Disabilities Act under item (ii), an
organization has the option to apply the amount of the board-approved
expenditure to the erection or acquisition of a replacement building that is in
compliance with the Americans with Disabilities Act;
(4) an expenditure by an organization which is a contribution
to a parent organization, foundation, or affiliate of the contributing
organization, if the parent organization, foundation, or affiliate has provided
to the contributing organization within one year of the contribution any money,
grants, property, or other thing of value;
(5) a contribution by a licensed organization to another
licensed organization unless the board has specifically authorized the
contribution. The board must authorize
such a contribution when requested to do so by the contributing organization
unless it makes an affirmative finding that the contribution will not be used
by the recipient organization for one or more of the purposes in paragraph (a);
or
(6) a contribution to a statutory or home rule charter city,
county, or town by a licensed organization with the knowledge that the
governmental unit intends to use the contribution for a pension or retirement
fund.
Sec. 85. Minnesota
Statutes 2002, section 349.151, subdivision 4, is amended to read:
Subd. 4. [POWERS AND
DUTIES.] (a) The board has the following powers and duties:
(1) to regulate lawful gambling to ensure it is conducted in
the public interest;
(2) to issue licenses to organizations, distributors, distributor
salespersons, bingo halls, manufacturers, and gambling managers;
(3) to collect and deposit license, permit, and registration
fees due under this chapter;
(4) to receive reports required by this chapter and inspect all
premises, records, books, and other documents of organizations, distributors,
manufacturers, and bingo halls to insure compliance with all applicable laws
and rules;
(5) to make rules authorized by this chapter;
(6) to register gambling equipment and issue registration
stamps;
(7) to provide by rule for the mandatory posting by
organizations conducting lawful gambling of rules of play and the odds and/or
house percentage on each form of lawful gambling;
(8) to report annually to the governor and legislature on its
activities and on recommended changes in the laws governing gambling;
(9) to impose civil penalties of not more than $500 per
violation on organizations, distributors, employees eligible to make sales
on behalf of a distributor salespersons, manufacturers, bingo halls,
and gambling managers for failure to comply with any provision of this chapter
or any rule or order of the board;
(10) to issue premises permits to organizations licensed to
conduct lawful gambling;
(11) to delegate to the director the authority to issue or deny
license and premises permit applications and renewals under criteria
established by the board;
(12) to suspend or revoke licenses and premises permits of
organizations, distributors, distributor salespersons, manufacturers,
bingo halls, or gambling managers as provided in this chapter;
(13) to register employees of organizations licensed to conduct
lawful gambling;
(14) to require fingerprints from persons determined by board
rule to be subject to fingerprinting;
(15) to delegate to a compliance review group of the board the
authority to investigate alleged violations, issue consent orders, and initiate
contested cases on behalf of the board;
(16) to order organizations,
distributors, distributor salespersons, manufacturers, bingo
halls, and gambling managers to take corrective actions; and
(17) to take all necessary steps to ensure the integrity of and
public confidence in lawful gambling.
(b) The board, or director if authorized to act on behalf of
the board, may by citation assess any organization, distributor, employee
eligible to make sales on behalf of a distributor, manufacturer, bingo hall
licensee, or gambling manager a civil penalty of not more than $500 per
violation for a failure to comply with any provision of this chapter or any
rule adopted or order issued by the board.
Any organization, distributor, bingo hall licensee, gambling manager, or
manufacturer assessed a civil penalty under this paragraph may request a
hearing before the board. Appeals of
citations imposing a civil penalty are not subject to the provisions of the
Administrative Procedure Act.
(c) All fees and penalties received by the board must be
deposited in the general fund.
(d) All fees imposed by the board under sections 349.16 to
349.165 must be deposited in the state treasury and credited to a
lawful gambling regulation account in the special revenue fund. Receipts
in this account are available for the operations of the board up to the
amount authorized in biennial appropriations from the legislature.
Sec. 86. Minnesota
Statutes 2002, section 349.151, subdivision 4b, is amended to read:
Subd. 4b. [PULL-TAB
SALES FROM DISPENSING DEVICES.] (a) The board may by rule authorize but not
require the use of pull-tab dispensing devices.
(b) Rules adopted under paragraph (a):
(1) must limit the number of pull-tab dispensing devices on any
permitted premises to three; and
(2) must limit the use of pull-tab dispensing devices to a
permitted premises which is (i) a licensed premises for on-sales of
intoxicating liquor or 3.2 percent malt beverages; or (ii) a licensed bingo
hall that allows gambling only by persons 18 years or older.
(c) Notwithstanding rules adopted under paragraph (b), pull-tab
dispensing devices may be used in establishments licensed for the off-sale of
intoxicating liquor, other than drugstores and general food stores licensed
under section 340A.405, subdivision 1.
(d) The director may charge a manufacturer a fee of up to
$5,000 per pull-tab dispensing device to cover the costs of services provided
by an independent testing laboratory to perform testing and analysis of
pull-tab dispensing devices. The director shall deposit in a separate account
in the state treasury all money the director receives as reimbursement for the
costs of services provided by independent testing laboratories that have
entered into contracts with the state to perform testing and analysis of
pull-tab dispensing devices. Money in the account is appropriated to the
director to pay the costs of services under those contracts.
Sec. 87. Minnesota
Statutes 2002, section 349.155, subdivision 3, is amended to read:
Subd. 3. [MANDATORY
DISQUALIFICATIONS.] (a) In the case of licenses for manufacturers,
distributors, distributor salespersons, bingo halls, and gambling
managers, the board may not issue or renew a license under this chapter, and
shall revoke a license under this chapter, if the applicant or licensee, or a
director, officer, partner, governor, or person in a supervisory or
management position of the applicant or licensee, or an employee eligible to
make sales on behalf of the applicant or licensee:
(1) has ever been convicted of a felony or a crime involving
gambling;
(2) has ever been convicted of (i)
assault, (ii) a criminal violation involving the use of a firearm, or (iii)
making terroristic threats;
(3) is or has ever been connected with or engaged in an illegal
business;
(4) owes $500 or more in delinquent taxes as defined in section
270.72;
(5) had a sales and use tax permit revoked by the commissioner
of revenue within the past two years; or
(6) after demand, has not filed tax returns required by the
commissioner of revenue. The board may
deny or refuse to renew a license under this chapter, and may revoke a license
under this chapter, if any of the conditions in this paragraph are applicable
to an affiliate or direct or indirect holder of more than a five percent
financial interest in the applicant or licensee.
(b) In the case of licenses for organizations, the board may
not issue or renew a license under this chapter, and shall revoke a license
under this chapter, if the organization, or an officer or member of the
governing body of the organization:
(1) has been convicted of a felony or gross misdemeanor within
the five years before the issuance or renewal of the license;
(2) has ever been convicted of a crime involving gambling; or
(3) has had a license issued by the board or director
permanently revoked for violation of law or board rule.
Sec. 88. Minnesota
Statutes 2002, section 349.16, subdivision 6, is amended to read:
Subd. 6. [LICENSE CLASSIFICATIONS
FEES.] The board may issue four classes of organization licenses: a class A license authorizing all forms of
lawful gambling; a class B license authorizing all forms of lawful gambling
except bingo; a class C license authorizing bingo only, or bingo and pull-tabs
if the gross receipts for any combination of bingo and pull-tabs does not
exceed $50,000 per year; and a class D license authorizing raffles only. The board shall not charge a fee for an
organization impose a fee of $100 for an organization's initial license
application. There is no charge for a
renewal license.
Sec. 89. Minnesota
Statutes 2002, section 349.16, is amended by adding a subdivision to read:
Subd. 11.
[AGREEMENT TO PAY TAXES.] A 501(c)(3) organization which is
recognized by federal law, regulation, or other ruling as a
quasi-governmental organization that would otherwise be exempt from one
or more taxes under chapter 297E must agree to pay all taxes under
chapter 297E on lawful gambling conducted by the organization as a
condition of receiving or renewing a license or premises permit.
Sec. 90. Minnesota
Statutes 2002, section 349.161, subdivision 1, is amended to read:
Subdivision 1.
[PROHIBITED ACTS; LICENSES REQUIRED.] (a) No person may:
(1) sell, offer for sale, or furnish gambling equipment for use
within the state other than for lawful gambling exempt or excluded from
licensing, except to an organization licensed for lawful gambling;
(2) sell, offer for sale, or furnish gambling equipment for use
within the state without having obtained a distributor license or a distributor
salesperson license under this section;
(3) sell, offer for sale, or furnish
gambling equipment for use within the state that is not purchased or obtained
from a manufacturer or distributor licensed under this chapter; or
(4) sell, offer for sale, or furnish gambling equipment for use
within the state that has the same serial number as another item of gambling
equipment of the same type sold or offered for sale or furnished for use in the
state by that distributor.
(b) No licensed distributor salesperson may sell, offer for
sale, or furnish gambling equipment for use within the state without
being employed by a licensed distributor or owning a distributor license.
Sec. 91. Minnesota
Statutes 2002, section 349.161, subdivision 4, is amended to read:
Subd. 4. [FEES.] (a)
The initial annual fee for a distributor's license is $3,500
$6,000. The initial term of a
distributor's license is one year.
Renewal licenses under this section are valid for two years and the fee
for the renewal license is $7,000.
(b) The annual fee for a distributor salesperson license is
$100.
Sec. 92. Minnesota
Statutes 2002, section 349.161, subdivision 5, is amended to read:
Subd. 5. [PROHIBITION.]
(a) No distributor, distributor salesperson, or other employee
of a distributor, may also be a wholesale distributor of alcoholic beverages or
an employee of a wholesale distributor of alcoholic beverages.
(b) No distributor, distributor salesperson, or any
representative, agent, affiliate, or other employee of a distributor,
may: (1) be involved in the conduct of
lawful gambling by an organization; (2) keep or assist in the keeping of an
organization's financial records, accounts, and inventories; or (3) prepare or
assist in the preparation of tax forms and other reporting forms required to be
submitted to the state by an organization.
(c) No distributor, distributor salesperson, or any
representative, agent, affiliate, or other employee of a distributor may
provide a lessor of gambling premises any compensation, gift, gratuity,
premium, or other thing of value.
(d) No distributor, distributor salesperson, or any
representative, agent, affiliate, or other employee of a distributor may
participate in any gambling activity at any gambling site or premises where
gambling equipment purchased from that distributor or distributor
salesperson is being used in the conduct of lawful gambling.
(e) No distributor, distributor salesperson, or any
representative, agent, affiliate, or other employee of a distributor may
alter or modify any gambling equipment, except to add a "last ticket
sold" prize sticker.
(f) No distributor, distributor salesperson, or any
representative, agent, affiliate, or other employee of a distributor
may: (1) recruit a person to become a
gambling manager of an organization or identify to an organization a person as
a candidate to become gambling manager for the organization; or (2) identify
for an organization a potential gambling location.
(g) No distributor or distributor salesperson may
purchase gambling equipment for resale to a person for use within the state
from any person not licensed as a manufacturer under section 349.163.
(h) No distributor or distributor salesperson may sell
gambling equipment to any person for use in Minnesota other than (i) a licensed
organization or organization excluded or exempt from licensing, or (ii) the
governing body of an Indian tribe.
(i) No distributor or distributor
salesperson may sell or otherwise provide a pull-tab or tipboard deal with the
symbol required by section 349.163, subdivision 5, paragraph (h), visible on
the flare to any person other than in Minnesota to a licensed organization or
organization exempt from licensing.
Sec. 93. Minnesota
Statutes 2002, section 349.162, subdivision 1, is amended to read:
Subdivision 1. [STAMP
REQUIRED.] (a) A distributor may not sell, transfer, furnish, or otherwise
provide to a person, and no person may purchase, borrow, accept, or acquire
from a distributor gambling equipment for use within the state unless the
equipment has been registered with the board and has a registration stamp
affixed, except for gambling equipment not stamped by the manufacturer pursuant
to section 349.163, subdivision 5 or 8.
The board shall charge a fee of five cents for each stamp. Each stamp must bear a registration number
assigned by the board. A distributor
or manufacturer is entitled to a refund for unused registration stamps and
replacement for registration stamps which are defective or canceled by the distributor
or manufacturer.
(b) A manufacturer must return all unused registration stamps
in its possession to the board by February 1, 1995. No manufacturer may possess unaffixed registration stamps after
February 1, 1995.
(c) After February 1, 1996, no person may possess any unplayed
pull-tab or tipboard deals with a registration stamp affixed to the flare or
any unplayed paddleticket cards with a registration stamp affixed to the master
flare. This paragraph does not apply to
unplayed pull-tab or tipboard deals with a registration stamp affixed to the
flare, or to unplayed paddleticket cards with a registration stamp affixed to
the master flare, if the deals or cards are identified on a list of existing
inventory submitted by a licensed organization or a licensed distributor, in a
format prescribed by the commissioner of revenue, to the commissioner of
revenue on or before February 1, 1996.
Gambling equipment kept in violation of this paragraph is contraband
under section 349.2125.
Sec. 94. Minnesota
Statutes 2002, section 349.163, subdivision 2, is amended to read:
Subd. 2. [LICENSE;
FEE.] The initial license under this section is valid for one year. The fee for the initial license is
$5,000. Renewal licenses under this
section are valid for two years and the fee for the renewal license is $10,000. The annual fee for a
manufacturer's license is $9,000.
Sec. 95. Minnesota
Statutes 2002, section 349.163, subdivision 6, is amended to read:
Subd. 6. [SAMPLES OF
GAMBLING EQUIPMENT.] The board shall require each licensed manufacturer to
submit to the board one or more samples of each item of gambling equipment the
manufacturer manufactures for use or resale in this state. The board shall inspect and test all the
equipment it deems necessary to determine the equipment's compliance with law
and board rules. Samples required under this subdivision must be approved by
the board before the equipment being sampled is shipped into or sold for use or
resale in this state. The board
shall impose a fee of $25 for each item of gambling equipment that the
manufacturer submits for approval or for which the manufacturer requests
approval. The board shall impose a
fee of $100 for each sample of gambling equipment that it tests. The board may require samples of
gambling equipment to be tested by an independent testing laboratory
prior to submission to the board for approval. All costs of testing by an independent testing laboratory
must be borne by the manufacturer. An
independent testing laboratory used by a manufacturer to test samples of
gambling equipment must be approved by the board before the equipment
is submitted to the laboratory for testing. The board may request the assistance of the commissioner of
public safety and the director of the state lottery in performing the tests.
Sec. 96. Minnesota
Statutes 2002, section 349.164, subdivision 4, is amended to read:
Subd. 4. [FEES; TERM OF
LICENSE.] The initial annual fee for a bingo hall license is $2,500
$4,000. An initial license
under this section is valid for one year.
Renewal licenses under this section are valid for two years and the fee
for the renewal license is $5,000.
Sec. 97. Minnesota
Statutes 2002, section 349.165, subdivision 3, is amended to read:
Subd. 3. [FEES.] (a)
The board may issue four classes of premises permits corresponding to the
classes of licenses authorized under section 349.16, subdivision 6. The fee for each class of permit is:
(1) $400 for a class A permit;
(2) $250 for a class B permit;
(3) $200 for a class C permit; and
(4) $150 for a class D permit.
(b) If a premises permit is issued during the second year of
an organization's license, the fee for each class of permit is:
(1) $200 for a class A permit;
(2) $125 for a class B permit;
(3) $100 for a class C permit; and
(4) $75 for a class D permit.
The monthly fee for a premises permit is 0.18 percent of
the organization's gross receipts from lawful gambling conducted at
that site. The fee shall be reported
and paid on a monthly basis in a format as determined by the
commissioner of revenue, and remitted to the commissioner of revenue
along with the organization's monthly tax return for that premises. All premises permit fees received by
the commissioner of revenue pursuant to this subdivision must be
deposited in the lawful gambling regulation account of the special
revenue fund according to section 349.151. Failure to pay the monthly premises permit fees in a
timely manner may result in disciplinary action by the board.
Sec. 98. Minnesota
Statutes 2002, section 349.166, subdivision 1, is amended to read:
Subdivision 1.
[EXCLUSIONS.] (a) Bingo may be conducted without a license and without
complying with sections 349.168, subdivisions 1 and 2; 349.17, subdivisions 1,
4, and 5; 349.18, subdivision 1; and 349.19, if it is conducted:
(1) by an organization in connection with a county fair, the
state fair, or a civic celebration and is not conducted for more than 12
consecutive days and is limited to no more than four separate applications for
activities applied for and approved in a calendar year; or
(2) by an organization that conducts four or fewer bingo
occasions in a calendar year.
An organization that holds a license to conduct lawful
gambling under this chapter may not conduct bingo under this subdivision.
(b) Bingo may be conducted within a nursing home or a senior
citizen housing project or by a senior citizen organization if the prizes for a
single bingo game do not exceed $10, total prizes awarded at a single bingo
occasion do not exceed $200, no more than two bingo occasions are held by the
organization or at the facility each week, only members of the organization or
residents of the nursing home or housing project are allowed to play in a bingo
game, no compensation is paid for any persons who conduct the bingo, and a
manager is appointed to supervise the bingo.
Bingo conducted under this paragraph is exempt from sections 349.11 to
349.23, and the board may not require an organization that conducts bingo under
this paragraph, or the manager who supervises the bingo, to register or file a
report with the board. The gross
receipts from bingo conducted under the limitations of this subdivision are
exempt from taxation under chapter 297A.
(c) Raffles may be conducted by an organization without a
license and without complying with sections 349.154 to 349.165 and 349.167 to
349.213 if the value of all raffle prizes awarded by the organization in a
calendar year does not exceed $750 $1,500.
(d) Except as provided in paragraph (b), the organization must
maintain all required records of excluded gambling activity for 3-1/2 years.
Sec. 99. Minnesota
Statutes 2002, section 349.166, subdivision 2, is amended to read:
Subd. 2. [EXEMPTIONS.]
(a) Lawful gambling may be conducted by an organization without a license and
without complying with sections 349.168, subdivisions 1 and 2; 349.17,
subdivisions 4 and 5; 349.18, subdivision 1; and 349.19 if:
(1) the organization conducts lawful gambling on five or fewer
days in a calendar year;
(2) the organization does not award more than $50,000 in prizes
for lawful gambling in a calendar year;
(3) the organization pays a fee of $25 $50 to the
board, notifies the board in writing not less than 30 days before each lawful
gambling occasion of the date and location of the occasion, or 60 days for an
occasion held in the case of a city of the first class, the types of lawful
gambling to be conducted, the prizes to be awarded, and receives an exemption identification
number;
(4) the organization notifies the local government unit 30 days
before the lawful gambling occasion, or 60 days for an occasion held in a city
of the first class;
(5) the organization purchases all gambling equipment and
supplies from a licensed distributor; and
(6) the organization reports to the board, on a single-page
form prescribed by the board, within 30 days of each gambling occasion, the
gross receipts, prizes, expenses, expenditures of net profits from the
occasion, and the identification of the licensed distributor from whom all
gambling equipment was purchased.
(b) If the organization fails to file a timely report as
required by paragraph (a), clause (3) or (6), the board shall not issue any
authorization, license, or permit to the organization to conduct lawful
gambling on an exempt, excluded, or licensed basis until the report has been
filed.
(c) Merchandise prizes must be valued at their fair market
value.
(d) Unused pull-tab and tipboard deals must be returned to
the distributor within seven working days after the end of the lawful gambling
occasion. The distributor must accept
and pay a refund for all returns of unopened and undamaged deals returned under
this paragraph.
(e) An organization that is exempt from taxation on purchases
of pull-tabs and tipboards under section 297E.02, subdivision 4, paragraph (b),
clause (4), must return to the distributor any tipboard or pull-tab deal no
part of which is used at the lawful gambling occasion for which it was
purchased by the organization.
(f) The organization must maintain all required records of
exempt gambling activity for 3-1/2 years.
Sec. 100. [349.2113]
On or after January 1, 2004, a licensed organization may
not put into play a pull-tab or tipboard deal that provides for a
prize payout of greater than 85 percent of the ideal gross of the deal.
Sec. 101. Minnesota
Statutes 2002, section 349A.08, subdivision 5, is amended to read:
Subd. 5. [PAYMENT;
UNCLAIMED PRIZES.] A prize in the state lottery must be claimed by the winner
within one year of the date of the drawing at which the prize was awarded or
the last day sales were authorized for a game where a prize was determined in a
manner other than by means of a drawing.
If a valid claim is not made for a prize payable directly by the lottery
by the end of this period, the prize money is considered unclaimed and the
winner of the prize shall have no further claim to the prize. A prize won by a person who purchased the
winning ticket in violation of section 349A.12, subdivision 1, or won by a
person ineligible to be awarded a prize under subdivision 7 must be treated as
an unclaimed prize under this section.
The director shall must transfer 70 percent of all
unclaimed prize money at the end of each fiscal year from the lottery cash flow
account as follows: of the 70
percent, 40 percent must be transferred to the Minnesota environment and
natural resources trust fund and 60 percent must be transferred to the
general fund. The remaining 30 percent
of the unclaimed prize money must be added by the director to prize pools of
subsequent lottery games.
Sec. 102. Minnesota
Statutes 2002, section 352D.04, is amended by adding a subdivision to read:
Subd. 3.
[ADDITIONAL CONTRIBUTIONS.] The executive director of the
Minnesota state retirement system must allow a participant in the
unclassified program a onetime option, at the time of hire, under which
the employee contribution to the plan is ten percent of salary.
Sec. 103. Minnesota
Statutes 2002, section 356.611, subdivision 1, is amended to read:
Subdivision 1. [STATE
SALARY LIMITATIONS.] (a) Notwithstanding any provision of law, bylaws, articles
of incorporation, retirement and disability allowance plan agreements, or
retirement plan contracts to the contrary, the covered salary for pension
purposes for a plan participant of a covered retirement fund enumerated in
section 356.30, subdivision 3, may not exceed 95 percent of the salary
established for the governor under section 15A.082 at the time the person
received the salary.
(b) This section does not apply to a salary paid:
(1) to the governor;
(2) to an employee of a political subdivision in a position
that is excluded from the limit as specified under section 43A.17, subdivision
9 15A.23; or
(3) to a state employee in a position for which the
commissioner of employee relations has approved a salary rate that exceeds 95
percent of the governor's salary.
(c) The limited covered salary determined under this section
must be used in determining employee and employer contributions and in
determining retirement annuities and other benefits under the respective
covered retirement fund and under this chapter.
Sec. 104. Minnesota
Statutes 2002, section 458D.17, subdivision 5, is amended to read:
Subd. 5. [AUDIT.] The
board shall provide for and pay the cost of an independent annual audit of its
official books and records by the state public examiner auditor
or a certified public accountant.
Sec. 105. Minnesota
Statutes 2002, section 471.696, is amended to read:
471.696 [FISCAL YEAR; DESIGNATION.]
Beginning in 1979, the fiscal year of a city and all of its
funds shall be the calendar year, except that a city may, by resolution,
provide that the fiscal year for city-owned nursing homes be the reporting year
designated by the commissioner of human services. Beginning in 1994, the fiscal year of a town and all of its funds
shall be the calendar year. The
state auditor may upon request of a town and a showing of inability to conform,
extend the deadline for compliance with this section for one year.
Sec. 106. Minnesota
Statutes 2002, section 471.999, is amended to read:
471.999 [MAINTAINING PAY EQUITY; REPORT TO LEGISLATURE.]
(a) The state auditor shall monitor compliance by political
subdivisions with section 471.992, subdivision 1. The state auditor may charge and collect a fee pursuant to
section 6.56.
(b) The commissioner of employee relations state
auditor shall report to the legislature by January 1 of each year on the
status of compliance with section 471.992, subdivision 1, by governmental
subdivisions.
The report must include a list of the political subdivisions in
compliance with section 471.992, subdivision 1, and the estimated cost of
compliance. The report must also
include a list of political subdivisions found by the commissioner state
auditor to be not in compliance, the basis for that finding, recommended
changes to achieve compliance, estimated cost of compliance, and recommended
penalties, if any. The commissioner's
auditor's report must include a list of subdivisions that did not comply
with the reporting requirements of this section. The commissioner state auditor may request, and a
subdivision shall provide, any additional information needed for the
preparation of a report under this subdivision.
(c) Notwithstanding any rule to the contrary, beginning in
2005, a political subdivision must report to the commissioner on its
compliance with the requirements of sections 471.991 to 471.999 no more
frequently than once every five years.
No report from a political subdivision is required for 2003 and
2004.
Sec. 107. Minnesota
Statutes 2002, section 474A.21, is amended to read:
474A.21 [APPROPRIATION; RECEIPTS.]
Any application fees collected by the department under
sections 474A.01 to 474A.21 must be deposited in deposits and any application
deposit not refunded as provided under section 474A.061, subdivision 4, or
474A.091, subdivision 5, or forfeited as provided under section 474A.131,
subdivision 2, must be deposited in the a separate account in
the general fund. The amount necessary
to refund application deposits is appropriated to the department from the
separate account in the general fund for that purpose. The interest accruing on application housing trust general
fund account under section 462A.201.
Sec. 108. Minnesota
Statutes 2002, section 477A.014, subdivision 4, is amended to read:
Subd. 4. [COSTS.] The
director of the office of strategic and long-range planning shall annually bill
the commissioner of revenue for one-half of the costs incurred by the state
demographer in the preparation of materials required by section 4A.02. The state auditor shall bill the commissioner
of revenue for the costs of best practices reviews and the services
provided by the government information division and the parts of the
constitutional office that are related to the government information function,
not to exceed $217,000 in fiscal year 1992 and $217,000 in fiscal year 1993 and
thereafter. The commissioner of
administration shall bill the commissioner of revenue for the costs of the
local government records program and the intergovernmental information systems
activity, not to exceed $201,100 in fiscal year 1992 and $205,800 in fiscal
year 1993 and thereafter. The
commissioner of employee relations shall bill the commissioner of revenue for
the costs of administering the local government pay equity function, not to
exceed $56,000 in fiscal year 1992 and $55,000 in fiscal year 1993 and
thereafter.
[EFFECTIVE DATE.] The
requirement in this section for the state auditor to bill for costs of
best practices reviews is effective July 1, 2004. The remainder of the section is effective
July 1, 2003.
Sec. 109. Minnesota
Statutes 2002, section 624.20, subdivision 1, is amended to read:
Subdivision 1. (a) As
used in sections 624.20 to 624.25, the term "fireworks" means any
substance or combination of substances or article prepared for the purpose of
producing a visible or an audible effect by combustion, explosion,
deflagration, or detonation, and includes blank cartridges, toy cannons, and
toy canes in which explosives are used, the type of balloons which require fire
underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles,
daygo bombs, sparklers other than those specified in paragraph (c), or other
fireworks of like construction, and any fireworks containing any explosive or
inflammable compound, or any tablets or other device containing any explosive substance
and commonly used as fireworks.
(b) The term "fireworks" shall not include toy
pistols, toy guns, in which paper caps containing 25/100 grains or less of
explosive compound are used and toy pistol caps which contain less than 20/100
grains of explosive mixture.
(c) The term also does not include wire or wood sparklers of
not more than 100 grams of mixture per item, other sparkling items which are
nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per
tube or a total of 200 grams or less for multiple tubes, snakes and glow worms,
smoke devices, or trick noisemakers which include paper streamers, party
poppers, string poppers, snappers, and drop pops, each consisting of not more
than twenty-five hundredths grains of explosive mixture. The use of items listed in this paragraph is
not permitted on public property. This
paragraph does not authorize the purchase of items listed in it by persons younger
than 18 years of age. The age of a
purchaser of items listed in this paragraph must be verified by photographic
identification.
(d) A local unit of government may impose an annual license
fee for the retail sale of items authorized under paragraph (c). The annual license fee of each retail seller
that is in the business of selling only the items authorized under paragraph
(c) may not exceed $350, and the annual license of each other retail
seller may not exceed $100. A local
unit of government may not:
(1) impose any fee or charge, other than the fee authorized
by this paragraph, on the retail sale of items authorized under paragraph
(c);
(2) prohibit or restrict the
display of items for retail sale authorized under paragraph (c); or
(3) impose on a retail seller any financial guarantee requirements,
including bonding or insurance provisions, containing restrictions or
conditions not imposed on the same basis on all other business
licensees.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 110. Laws 1998,
chapter 366, section 80, as amended by Laws 2001, First Special Session chapter
10, article 2, section 86, is amended to read:
Sec. 80. [SETTLEMENT
DIVISION; TRANSFER OF JUDGES.]
The office of administrative hearings shall establish a
settlement division. The workers'
compensation judges at the department of labor and industry, together with
their support staff, offices, furnishings, equipment, and supplies, are
transferred to the settlement division of the office of administrative
hearings. Minnesota Statutes, section
15.039, applies to the transfer of employees.
The settlement division of the office of administrative hearings shall
maintain offices in either Hennepin or Ramsey county and the cities city
of Duluth and Detroit Lakes. The
office of a judge in the settlement division of the office of administrative
hearings and the support staff of the judge may be located in a building that
contains offices of the department of labor and industry. The seniority of a workers' compensation
judge at the office of administrative hearings, after the transfer, shall be
based on the total length of service as a judge at either agency. For purposes of the commissioner's plan
under Minnesota Statutes, section 43A.18, subdivision 2, all compensation
judges at the office of administrative hearings shall be considered to be in
the same employment condition, the same organizational unit and qualified for
work in either division.
Sec. 111. [TRANSFER OF
DUTIES RELATING TO PAY EQUITY.]
The responsibilities relating to local government pay equity
under Minnesota Statutes, sections 471.991 to 471.999, and Minnesota
Rules, chapter 3920, are transferred from the department of employee
relations to the state auditor. Minnesota Statutes, section 15.039,
applies to the transfer of responsibilities.
Sec. 112. [UNCLASSIFIED
PLAN.]
The executive director of the Minnesota state retirement
system must offer persons who are participants in the unclassified
plan on the effective date of this section a onetime option to choose
the ten percent contribution level specified in Minnesota Statutes,
section 352D.04.
Sec. 113. [SALARY
FREEZE.]
Subdivision 1.
[SALARY INCREASES PROHIBITED.] (a) From the effective date of
this section through June 30, 2005, a state employer must not
increase the rate of salary or wages for any employee. This section prohibits any increase
including, but not limited to, across-the-board increases,
cost-of-living adjustments, increases based on longevity, increases as a
result of step and lane changes, increases in the form of lump-sum payments,
increases in employer contributions to deferred compensation plans, or
any other pay grade adjustments of any kind. For purposes of this section, salary or wages does not include
employer contributions toward the cost of medical or dental insurance
premiums provided that employee contributions to the costs of medical or
dental insurance premiums are not decreased.
(b) This section does not prohibit an increase in the rate
of salary and wages for an employee who is promoted or transferred to
a position that the employer determines has greater job
responsibilities.
(c) Notwithstanding any law to the
contrary, the terms of a collective bargaining agreement in effect on
June 30, 2003, may not be extended after that date if the
extension would increase a salary in a manner prohibited by this
section.
Subd. 2. [FUTURE
CONTRACTS.] A contract or collective bargaining agreement or
compensation plan entered into after June 30, 2005, must not provide a
retroactive salary, or wage increase that applies to a period before
June 30, 2005, if that increase would be prohibited by this section if
granted before June 30, 2005.
Subd. 3.
[ARBITRATION AND STRIKES.] Notwithstanding any law to the
contrary:
(1) an employee may not legally strike due to a state employer's
refusal to grant a salary or wage increase if the refusal is required to
comply with this section; and
(2) neither a state employer nor an exclusive representative
may request interest arbitration in relation to an increase in the rate
of salary or wages that is prohibited by this section, and an arbitrator
may not issue an award that would increase salary or wages in a manner
prohibited by this section.
Subd. 4.
[DEFINITIONS.] For purposes of this section:
(1) "state employer" means an appointing authority
in the executive, legislative, or judicial branches as defined in Minnesota
Statutes, section 43A.02, subdivisions 5, 22, 25, and 27; and
(2) "employee" has the meaning given in Minnesota
Statutes, section 43A.02, subdivision 21.
Subd. 5.
[RELATION TO OTHER LAW.] This section supersedes Minnesota
Statutes, chapter 179A, and any other law to the contrary. It is not an unfair labor practice under
Minnesota Statutes, chapter 179A, for a state employer to take any
action required to comply with this section.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 114. [UNIVERSITY
OF MINNESOTA; SALARY AND WAGE RATE FREEZE RECOMMENDED.]
The legislature strongly recommends that the University of
Minnesota comply with section 113 as if it were defined as a state
employer under that section.
[EFFECTIVE DATE.] This
section is effective July 1, 2003.
Sec. 115. [GAMBLING
CONTROL; FEE TRANSITION.]
Effective July 1, 2003, all licensees regulated by the gambling
control board must begin paying the applicable fees under Minnesota
Statutes, sections 349.16 to 349.165.
The gambling control board shall provide a onetime, prorated
credit against these fees to licensees who paid for licenses before July
1, 2003, that were to extend beyond July 1, 2003.
Sec. 116.
[CARRYFORWARD.]
Notwithstanding Minnesota Statutes, section 16A.28, or other
law to the contrary, funds encumbered by the judicial or executive
branch for severance costs; unemployment compensation costs; and health,
dental, and life insurance continuation costs resulting from state
employee layoffs during the fiscal year ending June 30, 2003, may be
carried forward and may be spent until January 1, 2004.
Sec. 117. [VACATION LIMIT.]
A state employee who takes voluntary unpaid leave of absence
during the biennium ending June 30, 2005, must be allowed to accrue a
vacation leave balance up to at least 300 hours through June 30, 2005.
Sec. 118. [GAMING
STUDY.]
The director of the state lottery shall contract with an
independent entity to perform an analysis of the economic effects of
a gaming facility in the metropolitan area on existing tribal gaming
facilities located in or within 100 miles of the metropolitan area.
Sec. 119. [LCC; LEAVE
WITHOUT PAY.]
(a) If the legislative coordinating commission requires employees
under its jurisdiction to take temporary leave without pay during the
biennium ending June 30, 2005, the first 80 hours of leave without pay
in fiscal year 2004 and the first 80 hours of leave without pay in
fiscal year 2005 are governed by this section. The commission must permit employees taking this leave to
continue accruing vacation and sick leave, be eligible for paid holidays
and insurance benefits, accrue seniority, and accrue service credit and
credited salary in state retirement plans permitting service credits for
authorized leaves of absence as if the employee had actually been
employed during the time of the leave.
The commission may make the employer contribution to the
employee's retirement plan if the employee participates in a defined
contribution plan. If the leave without
pay is for one full pay period or longer, any holiday pay shall be
included in the first payroll warrant after return from the leave. Managers must attempt to schedule leaves to
meet the needs of employees and the need to continue efficient operation
of their offices.
(b) Notwithstanding Minnesota Statutes, section 43A.18, subdivisions
2 and 3, the legislative coordinating commission may require employees
in the office of the legislative auditor whose terms and conditions of
employment are determined through the commissioner and managerial
compensation plans to take leave without pay as described in paragraph
(a).
Sec. 120. [OFFICIAL
PUBLICATION STUDY.]
Representatives of local public corporations, as defined in
Minnesota Statutes, chapter 331A, must meet with representatives of
qualified newspapers and report to the legislature by January 15, 2004,
on alternative means of official publication for local public
corporations.
Sec. 121. [TRAINING
SERVICES.]
During the biennium ending June 30, 2005, state executive
agencies must consider using services provided by the government training
service before contracting with other outside vendors for similar
services.
Sec. 122. [REVISOR'S
INSTRUCTIONS.]
(a) In the next and subsequent editions of Minnesota Statutes,
the revisor of statutes shall replace the terms "commissioner of
employee relations" and "commissioner" with "state
auditor" in sections 471.991 to 471.999.
In sections affected by this instruction, the revisor may make
changes necessary to correct the cross-references, punctuation, grammar,
or structure of the remaining text and preserve its meaning.
(b) In the next and subsequent editions of Minnesota Rules,
chapter 3920, the revisor of statutes shall replace the terms "department
of employee relations" and "department" with "state auditor." The revisor shall replace the address listed
in Minnesota Rules, part 3920.0100, subpart 11, with "525 Park Street,
Suite 400, Saint Paul, Minnesota 55103."
In parts affected by this instruction, the revisor may make
changes necessary to correct the cross-references, punctuation, grammar,
or structure of the remaining text and preserve its meaning.
Sec. 123. [REPEALER.]
(a) Minnesota Statutes 2002, sections 3.305, subdivision 5;
3.9222; 3A.11; 4A.055; 6.77; 16A.151, subdivision 5; 16A.87; 43A.04,
subdivision 10; 43A.17, subdivision 9; 149A.97, subdivision 8; 163.10;
240A.08; and 306.97, are repealed.
(b) Minnesota Rules, part 1950.1070, is repealed effective
July 1, 2004.
(c) Minnesota Statutes 2002, sections 12.221, subdivision
5; 16B.50; 16C.07; and 43A.047, are repealed effective the day following
final enactment.
(d) Minnesota Statutes 2002, section 3.971, subdivision 8,
is repealed effective July 1, 2004.
ARTICLE
3
LINKED
BINGO
Section 1. Minnesota
Statutes 2002, section 349.12, subdivision 4, is amended to read:
Subd. 4. [BINGO.]
"Bingo" means a game where each player has a bingo hard card or bingo
paper sheet, for which a consideration has been paid, and played in accordance
with this chapter and with rules of the board for the conduct of bingo. Bingo also includes a linked bingo game.
Sec. 2. Minnesota
Statutes 2002, section 349.12, subdivision 18, is amended to read:
Subd. 18. [GAMBLING
EQUIPMENT.] "Gambling equipment" means: bingo hard cards or paper sheets, linked bingo paper sheets,
devices for selecting bingo numbers, pull-tabs, jar tickets, paddlewheels,
paddlewheel tables, paddletickets, paddleticket cards, tipboards, tipboard
tickets, and pull-tab dispensing devices.
Sec. 3. Minnesota
Statutes 2002, section 349.12, is amended by adding a subdivision to read:
Subd. 25a.
[LINKED BINGO GAME.] "Linked bingo game" means a
bingo game played at two or more locations where licensed organizations
are authorized to conduct bingo, where there is a common prize pool and
a common selection of numbers or symbols conducted at one location, and
where the results of the selection are transmitted to all participating
locations by satellite, telephone, or other means by a linked bingo game
provider.
Sec. 4. Minnesota
Statutes 2002, section 349.12, is amended by adding a subdivision to read:
Subd. 25b.
[LINKED BINGO GAME PROVIDER.] "Linked bingo game
provider" means any person who provides the means to link bingo
prizes in a linked bingo game, who provides linked bingo paper sheets to
the participating organizations, who provides linked bingo prize
management, and who provides the linked bingo game system.
Sec. 5. Minnesota
Statutes 2002, section 349.12, is amended by adding a subdivision to read:
Subd. 25c.
[LINKED BINGO GAME SYSTEM.] "Linked bingo game system"
means the equipment used by the linked bingo provider to conduct,
transmit, and track a linked bingo game.
The system must be approved by the board before its use in this
state and it must have dial-up or other capability to permit the board
to monitor its operation remotely.
Sec. 6. Minnesota
Statutes 2002, section 349.12, is amended by adding a subdivision to read:
Subd. 25d.
[LINKED BINGO PRIZE POOL.] "Linked bingo prize pool"
means the total of all prize money that each participating organization
has contributed to the linked bingo game prize. No participating organization may contribute more than
$300 per bingo occasion to a linked bingo prize pool.
Sec. 7. Minnesota
Statutes 2002, section 349.151, subdivision 4, is amended to read:
Subd. 4. [POWERS AND
DUTIES.] (a) The board has the following powers and duties:
(1) to regulate lawful gambling to ensure it is conducted in
the public interest;
(2) to issue licenses to organizations, distributors, bingo
halls, manufacturers, linked bingo game providers, and gambling
managers;
(3) to collect and deposit license, permit, and registration
fees due under this chapter;
(4) to receive reports required by this chapter and inspect all
premises, records, books, and other documents of organizations, distributors,
manufacturers, linked bingo game providers, and bingo halls to
insure compliance with all applicable laws and rules;
(5) to make rules authorized by this chapter;
(6) to register gambling equipment and issue registration
stamps;
(7) to provide by rule for the mandatory posting by
organizations conducting lawful gambling of rules of play and the odds and/or
house percentage on each form of lawful gambling;
(8) to report annually to the governor and legislature on its
activities and on recommended changes in the laws governing gambling;
(9) to impose civil penalties of not more than $500 per
violation on organizations, distributors, employees eligible to make sales on
behalf of a distributor, manufacturers, bingo halls, linked bingo game
providers, and gambling managers for failure to comply with any provision
of this chapter or any rule or order of the board;
(10) to issue premises permits to organizations licensed to
conduct lawful gambling;
(11) to delegate to the director the authority to issue or deny
license and premises permit applications and renewals under criteria
established by the board;
(12) to suspend or revoke licenses and premises permits of
organizations, distributors, manufacturers, bingo halls, linked bingo
game providers, or gambling managers as provided in this chapter;
(13) to register employees of organizations licensed to conduct
lawful gambling;
(14) to require fingerprints from persons determined by board
rule to be subject to fingerprinting;
(15) to delegate to a compliance review group of the board the
authority to investigate alleged violations, issue consent orders, and initiate
contested cases on behalf of the board;
(16) to order organizations, distributors, manufacturers,
bingo halls, linked bingo game providers, and gambling managers to take
corrective actions; and
(17) to take all necessary steps to ensure the integrity of and
public confidence in lawful gambling.
(b) The board, or director if authorized to act on behalf of
the board, may by citation assess any organization, distributor, employee
eligible to make sales on behalf of a distributor, manufacturer, bingo hall
licensee, linked bingo game provider, or gambling manager a civil
penalty of not more than $500 per violation for a failure to comply with any
provision of this chapter or any rule adopted or order issued by the
board. Any organization, distributor,
bingo hall licensee, gambling manager, linked bingo game provider, or
manufacturer assessed a civil penalty under this paragraph may request a
hearing before the board. Appeals of
citations imposing a civil penalty are not subject to the provisions of the
Administrative Procedure Act.
(c) All fees and penalties received by the board must be deposited
in the general fund.
Sec. 8. Minnesota
Statutes 2002, section 349.153, is amended to read:
349.153 [CONFLICT OF INTEREST.]
(a) A person may not serve on the board, be the director, or be
an employee of the board who has an interest in any corporation, association,
limited liability company, or partnership that is licensed by the board as a
distributor, manufacturer, linked bingo game provider, or a bingo
hall under section 349.164.
(b) A member of the board, the director, or an employee of the
board may not accept employment with, receive compensation directly or
indirectly from, or enter into a contractual relationship with an organization
that conducts lawful gambling, a distributor, a linked bingo game provider,
a bingo hall, or a manufacturer while employed with or a member of the
board or within one year after terminating employment with or leaving the
board.
(c) A distributor, bingo hall, manufacturer, linked bingo
game provider, or organization licensed to conduct lawful gambling may
not hire a former employee, director, or member of the gambling control board
for one year after the employee, director, or member has terminated employment
with or left the gambling control board.
Sec. 9. Minnesota
Statutes 2002, section 349.155, subdivision 3, is amended to read:
Subd. 3. [MANDATORY
DISQUALIFICATIONS.] (a) In the case of licenses for manufacturers,
distributors, bingo halls, linked bingo game providers, and
gambling managers, the board may not issue or renew a license under this
chapter, and shall revoke a license under this chapter, if the applicant or
licensee, or a director, officer, partner, governor, person in a supervisory or
management position of the applicant or licensee, or an employee eligible to
make sales on behalf of the applicant or licensee:
(1) has ever been convicted of a felony or a crime involving
gambling;
(2) has ever been convicted of (i) assault, (ii) a criminal
violation involving the use of a firearm, or (iii) making terroristic threats;
(3) is or has ever been connected with or engaged in an illegal
business;
(4) owes $500 or more in delinquent taxes as defined in section
270.72;
(5) had a sales and use tax permit revoked by the commissioner
of revenue within the past two years; or
(6) after demand, has not filed tax returns required by the
commissioner of revenue. The board may
deny or refuse to renew a license under this chapter, and may revoke a license
under this chapter, if any of the conditions in this paragraph are applicable
to an affiliate or direct or indirect holder of more than a five percent
financial interest in the applicant or licensee.
(b) In the case of licenses for organizations, the board may
not issue or renew a license under this chapter, and shall revoke a license
under this chapter, if the organization, or an officer or member of the
governing body of the organization:
(1) has been convicted of a felony or gross misdemeanor within
the five years before the issuance or renewal of the license;
(2) has ever been convicted of a crime involving gambling; or
(3) has had a license issued by the board or director
permanently revoked for violation of law or board rule.
Sec. 10. Minnesota
Statutes 2002, section 349.163, subdivision 3, is amended to read:
Subd. 3. [PROHIBITED
SALES.] (a) A manufacturer may not:
(1) sell gambling equipment for use or resale within the state
to any person not licensed as a distributor, except that gambling
equipment used exclusively in a linked bingo game may be sold to a licensed
linked bingo game provider; or
(2) sell gambling equipment to a distributor in this state that
has the same serial number as another item of gambling equipment of the same
type that is sold by that manufacturer for use or resale in this state.
(b) A manufacturer, affiliate of a manufacturer, or person
acting as a representative or agent of a manufacturer may not provide a lessor
of gambling premises or an appointed official any compensation, gift, gratuity,
premium, contribution, or other thing of value.
(c) A manufacturer may not sell or otherwise provide a pull-tab
or tipboard deal with the symbol required by subdivision 5, paragraph (h),
imprinted on the flare to any person other than a licensed distributor unless
the manufacturer first renders the symbol permanently invisible.
Sec. 11. [349.1635]
[LINKED BINGO GAME PROVIDER LICENSE.]
Subdivision 1.
[LICENSE REQUIRED.] No person may do any of the following
without having first obtained a license from the board:
(1) provide the means to link prizes in a linked bingo game;
(2) provide linked bingo game prize management;
(3) provide the linked bingo game system; or
(4) provide linked bingo game paper sheets to an organization.
Subd. 2.
[LICENSE APPLICATION.] The board may issue a license to a
linked bingo game provider who meets the qualifications of this chapter
and the rules adopted by the board.
The application shall be on a form prescribed by the board. The license is valid for two years and the
fee for a linked bingo game provider license is $5,000 per year.
Subd. 3.
[ATTACHMENTS TO APPLICATION.] An applicant for a linked bingo
game provider license must attach to its application:
(1) evidence of a bond in the principal amount of $250,000
payable to the state of Minnesota conditioned on the payment of all
linked bingo game prizes and any other money due and payable under this
chapter;
(2) detailed plans and specifications for the operation of
the linked bingo game and the linked bingo game system; and
(3) any other information required by the board by rule.
Subd. 4.
[PROHIBITION.] (a) Except for services associated exclusively
with a linked bingo game, a linked bingo game provider may not
participate or assist in the conduct of lawful gambling by an organization. No linked bingo game provider may:
(1) also be licensed as a bingo hall or hold any financial
or managerial interest in a bingo hall;
(2) also be licensed as a distributor or hold any financial
or managerial interest in a distributor;
(3) sell or lease linked bingo game equipment to any person
not licensed as an organization;
(4) purchase gambling equipment to be used exclusively in a
linked bingo game from any person not licensed as a manufacturer under
section 349.163; or
(5) provide an organization, a lessor of gambling premises,
or an appointed official any compensation, gift, gratuity, premium,
or contribution.
(b) Employees of the board and the division of alcohol and
gambling enforcement may inspect the books, records, inventory, and
business premises of a licensed linked bingo game provider without
notice during the normal business hours of the linked bingo game
provider. The board may charge a linked
bingo game provider for the actual cost of conducting scheduled or unscheduled
inspections of the licensee's facilities.
Sec. 12. Minnesota
Statutes 2002, section 349.166, subdivision 1, is amended to read:
Subdivision 1.
[EXCLUSIONS.] (a) Bingo, with the exception of linked bingo
games, may be conducted without a license and without complying with
sections 349.168, subdivisions 1 and 2; 349.17, subdivisions 1, 4, and 5;
349.18, subdivision 1; and 349.19, if it is conducted:
(1) by an organization in connection with a county fair, the
state fair, or a civic celebration and is not conducted for more than 12
consecutive days and is limited to no more than four separate applications for
activities applied for and approved in a calendar year; or
(2) by an organization that conducts four or fewer bingo
occasions in a calendar year.
An organization that holds a license to conduct lawful gambling
under this chapter may not conduct bingo under this subdivision.
(b) Bingo may be conducted within a nursing home or a senior
citizen housing project or by a senior citizen organization if the prizes for a
single bingo game do not exceed $10, total prizes awarded at a single bingo
occasion do not exceed $200, no more than two bingo occasions are held by the
organization or at the facility each week, only members of the organization or
residents of the nursing home or housing project are allowed to play in a bingo
game, no compensation is paid
for any persons who conduct the bingo, and a manager is appointed to supervise
the bingo. Bingo conducted under this
paragraph is exempt from sections 349.11 to 349.23, and the board may not
require an organization that conducts bingo under this paragraph, or the
manager who supervises the bingo, to register or file a report with the
board. The gross receipts from bingo
conducted under the limitations of this subdivision are exempt from taxation
under chapter 297A.
(c) Raffles may be conducted by an organization without a
license and without complying with sections 349.154 to 349.165 and 349.167 to
349.213 if the value of all raffle prizes awarded by the organization in a
calendar year does not exceed $750.
(d) Except as provided in paragraph (b), the organization must
maintain all required records of excluded gambling activity for 3-1/2 years.
Sec. 13. Minnesota
Statutes 2002, section 349.166, subdivision 2, is amended to read:
Subd. 2. [EXEMPTIONS.]
(a) Lawful gambling, with the exception of linked bingo games,
may be conducted by an organization without a license and without complying
with sections 349.168, subdivisions 1 and 2; 349.17, subdivisions 4 and 5;
349.18, subdivision 1; and 349.19 if:
(1) the organization conducts lawful gambling on five or fewer
days in a calendar year;
(2) the organization does not award more than $50,000 in prizes
for lawful gambling in a calendar year;
(3) the organization pays a fee of $25 to the board, notifies
the board in writing not less than 30 days before each lawful gambling occasion
of the date and location of the occasion, or 60 days for an occasion held in
the case of a city of the first class, the types of lawful gambling to be
conducted, the prizes to be awarded, and receives an exemption identification
number;
(4) the organization notifies the local government unit 30 days
before the lawful gambling occasion, or 60 days for an occasion held in a city
of the first class;
(5) the organization purchases all gambling equipment and
supplies from a licensed distributor; and
(6) the organization reports to the board, on a single-page
form prescribed by the board, within 30 days of each gambling occasion, the
gross receipts, prizes, expenses, expenditures of net profits from the
occasion, and the identification of the licensed distributor from whom all
gambling equipment was purchased.
(b) If the organization fails to file a timely report as
required by paragraph (a), clause (3) or (6), the board shall not issue any
authorization, license, or permit to the organization to conduct lawful
gambling on an exempt, excluded, or licensed basis until the report has been
filed.
(c) Merchandise prizes must be valued at their fair market
value.
(d) Unused pull-tab and tipboard deals must be returned to the
distributor within seven working days after the end of the lawful gambling
occasion. The distributor must accept
and pay a refund for all returns of unopened and undamaged deals returned under
this paragraph.
(e) An organization that is exempt from taxation on purchases
of pull-tabs and tipboards under section 297E.02, subdivision 4, paragraph (b),
clause (4), must return to the distributor any tipboard or pull-tab deal no
part of which is used at the lawful gambling occasion for which it was
purchased by the organization.
(f) The organization must maintain all
required records of exempt gambling activity for 3-1/2 years.
Sec. 14. Minnesota
Statutes 2002, section 349.167, subdivision 6, is amended to read:
Subd. 6. [RECRUITMENT
OF GAMBLING MANAGERS.] No organization may seek or accept assistance from a
manufacturer or, distributor, or linked bingo game provider,
or a representative, agent, affiliate, or employee of a manufacturer or,
distributor, or linked bingo game provider, in identifying or recruiting
candidates to become a gambling manager for the organization.
Sec. 15. Minnesota
Statutes 2002, section 349.17, subdivision 3, is amended to read:
Subd. 3. [WINNERS.]
Each bingo winner must be determined and every prize shall be awarded and
delivered the same day on which the bingo occasion is conducted, except that
prizes won in a linked bingo game must be delivered within three
business days of the day on which the occasion was conducted.
Sec. 16. Minnesota
Statutes 2002, section 349.17, subdivision 6, is amended to read:
Subd. 6. [CONDUCT OF
BINGO.] (a) Each bingo hard card and paper sheets must have five horizontal
rows of spaces with each row except one having five numbers. The center row must have four numbers and
the center space marked "free."
Each column must have one of the letters B-I-N-G-O in order at the top.
Bingo paper sheets may also have numbers that are not preprinted but are filled
in by players.
(b) A game of bingo begins with the first letter and number
called. Each player must cover or mark
with a liquid dauber the numbers when bingo balls, similarly numbered, are
randomly drawn, announced, and displayed to the players, either manually or
with a flashboard and monitor. The game
is won when a player has covered or marked a previously designated arrangement
of numbers on the card or sheet and declared bingo. The game is completed when a winning card or sheet is verified
and a prize awarded, except that prizes won in linked bingo games may be
awarded pursuant to subdivision 3.
Sec. 17. Minnesota
Statutes 2002, section 349.17, subdivision 7, is amended to read:
Subd. 7. [NOON HOUR
BINGO.] Notwithstanding subdivisions 1 and 3, an organization may conduct bingo
subject to the following restrictions:
(1) the bingo is conducted only between the hours of 11:00 a.m.
and 2:00 p.m.;
(2) the bingo is conducted at a site the organization owns or
leases and which has a license for the sale of intoxicating beverages on the
premises under chapter 340A;
(3) the bingo is limited to one progressive bingo game per site
as defined by section 349.211, subdivision 2;
(4) the bingo is conducted using only bingo paper sheets; and
(5) if the premises are leased, the rent may not exceed $25 per
day for each day bingo is conducted; and
(6) linked bingo games may not be conducted at a noon hour
bingo occasion.
Sec. 18. Minnesota
Statutes 2002, section 349.17, is amended by adding a subdivision to read:
Subd. 8. [LINKED
BINGO GAMES.] (a) A licensed organization may conduct or participate
in a linked bingo game in association with one or more other licensed
organizations.
(b) Each participating licensed
organization shall contribute to each prize awarded in a linked bingo
game in an amount not to exceed $300 per occasion.
(c) The board may adopt rules to:
(1) specify the manner in which a linked bingo game must be
played and how the linked bingo prizes must be awarded;
(2) specify the records to be maintained by a linked bingo
game provider;
(3) require the submission of periodic reports by the linked
bingo game provider and specify the content of the reports;
(4) establish the qualifications required to be licensed as
a linked bingo game provider; and
(5) any other matter involving the operation of a linked
bingo game.
Sec. 19. Minnesota
Statutes 2002, section 349.18, subdivision 1, is amended to read:
Subdivision 1. [LEASE
OR OWNERSHIP REQUIRED.] (a) An organization may conduct lawful gambling only on
premises it owns or leases. Leases must
be on a form prescribed by the board.
Except for leases entered into before August 1, 1994, the term of the lease
may not begin before the effective date of the premises permit and must expire
on the same day that the premises permit expires. Copies of all leases must be made available to employees of the
board and the division of alcohol and gambling enforcement on request. A lease may not provide for payments
determined directly or indirectly by the receipts or profits from lawful
gambling. The board may prescribe by
rule limits on the amount of rent which an organization may pay to a lessor for
premises leased for lawful gambling provided that no rule of the board may
prescribe a limit of less than $1,000 per month on rent paid for premises used
for lawful gambling other than bingo.
Any rule adopted by the board limiting the amount of rent to be paid may
only be effective for leases entered into, or renewed, after the effective date
of the rule.
(b) No person, distributor, manufacturer, lessor, linked
bingo game provider, or organization other than the licensed
organization leasing the space may conduct any activity other than the sale or
serving of food and beverages on the leased premises during times when lawful
gambling is being conducted on the premises.
(c) At a site where the leased premises consists of an area on
or behind a bar at which alcoholic beverages are sold and employees of the
lessor are employed by the organization as pull-tab sellers at the site,
pull-tabs and tipboard tickets may be sold and redeemed by those employees at
any place on or behind the bar, but the tipboards and receptacles for pull-tabs
and cash drawers for lawful gambling receipts must be maintained only within
the leased premises.
(d) Employees of a lessor may participate in lawful gambling on
the premises provided (1) if pull-tabs or tipboards are sold, the organization
voluntarily posts, or is required to post, the major prizes as specified in
section 349.172; and (2) any employee of the lessor participating in lawful
gambling is not a gambling employee for the organization conducting lawful
gambling on the premises.
(e) A gambling employee may purchase pull-tabs at the site of
the employee's place of employment provided:
(1) the organization voluntarily posts, or is required to post,
the major prizes for pull-tab or tipboard games as specified in section 349.172;
and
(2) the employee is not involved in the sale of pull-tabs at
that site.
(f) At a leased site where an
organization uses a paddlewheel consisting of 30 numbers or less or a tipboard
consisting of 30 tickets or less, tickets may be sold throughout the permitted
premises, but winning tickets must be redeemed, the paddlewheel must be
located, and the tipboard seal must be opened within the leased premises.
Sec. 20. Minnesota
Statutes 2002, section 349.19, is amended by adding a subdivision to read:
Subd. 2b.
[LINKED BINGO PRIZE POOL ACCOUNT.] A licensed organization
participating in a linked bingo game must maintain a separate account in
a bank for the deposit of the organization's portion of the linked bingo
game prize pool. The name of the
bank, the account number, and authorization for electronic funds
transfer must be provided by the organization to the linked bingo game
provider. Deposits must be made into
the account by the organization as designated by the linked bingo
game provider. Money in the account
must be available to the linked bingo game provider at all times by
electronic funds transfer, unless the linked bingo game provider agrees
to the transfer of the funds by other means.
Sec. 21. Minnesota
Statutes 2002, section 349.191, subdivision 1, is amended to read:
Subdivision 1. [CREDIT
RESTRICTION.] A manufacturer may not offer or extend to a distributor, a
linked bingo game provider may not offer or extend to an organization,
and a distributor may not offer or extend to an organization, credit for a
period of more than 30 days for the sale or lease of any gambling
equipment. No right of action exists
for the collection of any claim based on credit prohibited by this
subdivision. The 30-day period allowed
by this subdivision begins with the day immediately following the day of
invoice and includes all successive days, including Sundays and holidays, to
and including the 30th successive day.
Sec. 22. Minnesota
Statutes 2002, section 349.191, subdivision 1a, is amended to read:
Subd. 1a. [CREDIT AND
SALES TO DELINQUENT ORGANIZATIONS.] (a) If a distributor or linked bingo
game provider does not receive payment in full from an organization within
35 days of the day immediately following the date of the invoice, the distributor
or linked bingo game provider must notify the board in writing of the
delinquency on the next business day.
(b) If a distributor or linked bingo game provider who
has notified the board under paragraph (a) has not received payment in full from
the organization within 60 days of the notification under paragraph (a), the
distributor or linked bingo game provider must notify the board
of the continuing delinquency.
(c) On receipt of a notice under paragraph (a), the board shall
order all distributors and linked bingo game providers that until
further notice from the board, they may sell gambling equipment to the
delinquent organizations only on a cash basis with no credit extended. On receipt of a notice under paragraph (b),
the board shall order all distributors and linked bingo game
providers not to sell any gambling equipment to the delinquent
organization.
(d) No distributor or linked bingo game provider may
extend credit or sell gambling equipment to an organization in violation of an order
under paragraph (c) until the board has authorized such credit or sale.
Sec. 23. Minnesota
Statutes 2002, section 349.211, subdivision 1, is amended to read:
Subdivision 1. [BINGO.]
Except as provided in subdivision subdivisions 1a and 2, prizes
for a single bingo game may not exceed $200 except prizes for a cover-all game,
which may exceed $200 if the aggregate value of all cover-all prizes in a bingo
occasion does not exceed $1,000. Total
prizes awarded at a bingo occasion may not exceed $2,500, unless a cover-all
game is played in which case the limit is $3,500. A prize may be determined based on the value of the bingo packet
sold to the player. For purposes of
this subdivision, a cover-all game is one in which a player must cover all spaces
except a single free space to win.
Sec. 24. Minnesota Statutes 2002, section 349.211, is amended by adding a
subdivision to read:
Subd. 1a.
[LINKED BINGO PRIZES.] Prizes for a linked bingo game shall be
limited as follows:
(1) no organization may contribute more than $300 per occasion
to a linked bingo game prize pool; and
(2) if an organization contributes to a linked bingo game
prize pool, the organization's aggregate value of cover-all prizes
available during the bingo occasion must be reduced by the amount
contributed to the linked bingo game prize pool.
ARTICLE
4
TIPBOARDS
Section 1. Minnesota
Statutes 2002, section 349.12, subdivision 34, is amended to read:
Subd. 34. [TIPBOARD.]
"Tipboard" means a board, placard or other device containing a seal
that conceals the winning number or symbol, and that serves as the game flare
for a tipboard game, or a board or placard that is not required to contain a
seal, but for which the winning numbers are determined in whole or in
part by the outcome of one or more professional sporting events.
Sec. 2. Minnesota
Statutes 2002, section 349.151, is amended by adding a subdivision to read:
Subd. 4c.
[RULES.] The board may adopt rules for the conduct of
tipboards for which the winning numbers are determined in whole or in
part by the outcome of one or more professional sporting events. The rules must provide for operation
procedures, internal control standards, posted information, records, and
reports. The rules must provide for
the award of prizes, method of payout, wagers, determination of winners,
and the specifications of these tipboards.
Cash or merchandise prizes may be awarded in these tipboards.
Sec. 3. Minnesota
Statutes 2002, section 349.1711, subdivision 2, is amended to read:
Subd. 2. [DETERMINATION
OF WINNERS.] When the predesignated numbers or symbols have all been purchased,
or all of the tipboard tickets for that game have been sold, the seal must be
removed to reveal a number or symbol that determines which of the predesignated
numbers or symbols is the winning number or symbol. A tipboard may also contain consolation winners, or winning
chances that are determined in whole or in part by the outcome of one or
more professional sporting events, that need not be determined by the use
of the seal.
Sec. 4. Minnesota
Statutes 2002, section 349.211, is amended by adding a subdivision to read:
Subd. 2d.
[SPORTS BOARDS.] The maximum prize which may be awarded for a
tipboard for which the winning numbers are determined in whole or in
part by the outcome of one or more professional sporting events is
$500. A chance for such a board may
not be sold for more than $10.
Sec. 5. [REPEALER.]
Minnesota Statutes 2002, section 349.2127, subdivision 9,
is repealed."
Delete the title and insert:
"A bill for an act relating to state government;
appropriating money for the general legislative and administrative expenses of
state government; modifying provisions related to state government operations;
requiring certain contractor bonding; requiring licensure of certain gambling
equipment salespersons; modifying fee provisions and providing for disposition
of various fees and other revenue; modifying provisions of various state boards
and commissions;
authorizing rulemaking; providing for a license fee for fireworks retailers;
requiring studies; modifying lawful gambling provisions; amending Minnesota
Statutes 2002, sections 3.099, subdivision 3; 3.885, subdivision 1; 3.971,
subdivision 2; 6.48; 6.49; 6.54; 6.55; 6.64; 6.65; 6.66; 6.67; 6.68,
subdivision 1; 6.70; 6.71; 6.74; 8.06; 10A.02, by adding subdivisions; 10A.04,
subdivisions 2, 4, by adding a subdivision; 10A.09, subdivision 6, by adding a
subdivision; 10A.31, subdivisions 1, 3, 4; 14.48, by adding a subdivision;
15.50, subdivision 1; 16A.11, subdivision 3; 16A.17, by adding a subdivision;
16A.40; 16A.501; 16A.642, subdivision 1; 16B.24, subdivision 5; 16B.35,
subdivision 1; 16B.465, subdivisions 1a, 7; 16B.47; 16B.48, subdivision 2;
16B.49; 16B.58, by adding a subdivision; 16C.05, subdivision 2; 16C.08,
subdivisions 2, 3, 4, by adding a subdivision; 16C.09; 16C.10, subdivision 7;
16E.01, subdivision 3; 16E.07, subdivision 9; 16E.09, subdivision 1; 69.772,
subdivision 2; 115A.929; 116J.8771; 136F.77, subdivision 3; 179A.03,
subdivision 7; 192.501, subdivision 2; 197.608; 240.03; 240.10; 240.15,
subdivision 6; 240.155, subdivision 1; 240A.03, subdivisions 10, 15; 240A.04;
240A.06, subdivision 1; 256B.435, subdivision 2a; 268.186; 270.052; 270.44;
270A.07, subdivision 1; 289A.08, subdivision 16; 306.95; 349.12, subdivisions
4, 18, 25, 34, by adding subdivisions; 349.151, subdivisions 4, 4b, by adding a
subdivision; 349.153; 349.155, subdivision 3; 349.16, subdivision 6, by adding
a subdivision; 349.161, subdivisions 1, 4, 5; 349.162, subdivision 1; 349.163,
subdivisions 2, 3, 6; 349.164, subdivision 4; 349.165, subdivision 3; 349.166,
subdivisions 1, 2; 349.167, subdivision 6; 349.17, subdivisions 3, 6, 7, by
adding a subdivision; 349.1711, subdivision 2; 349.18, subdivision 1; 349.19,
by adding a subdivision; 349.191, subdivisions 1, 1a; 349.211, subdivision 1,
by adding subdivisions; 349A.08, subdivision 5; 352D.04, by adding a
subdivision; 356.611, subdivision 1; 458D.17, subdivision 5; 471.696; 471.999;
474A.21; 477A.014, subdivision 4; 624.20, subdivision 1; Laws 1998, chapter
366, section 80, as amended; proposing coding for new law in Minnesota
Statutes, chapters 3A; 6; 10A; 15A; 16C; 43A; 326; 349; repealing Minnesota
Statutes 2002, sections 3.305, subdivision 5; 3.9222; 3.971, subdivision 8;
3A.11; 4A.055; 6.77; 12.221, subdivision 5; 16A.151, subdivision 5; 16A.87;
16B.50; 16C.07; 43A.04, subdivision 10; 43A.047; 43A.17, subdivision 9;
149A.97, subdivision 8; 163.10; 240A.08; 306.97; 349.2127, subdivision 9; Minnesota
Rules, part 1950.1070."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Ways and Means.
The report was adopted.
Harder from the Committee on Agriculture and Rural Development
Finance to which was referred:
H. F. No. 752, A bill for an act relating to state government;
appropriating money for environmental, natural resources, and agricultural
purposes; establishing and modifying certain programs; providing for regulation
of certain activities and practices; providing for accounts, assessments, and
fees; amending Minnesota Statutes 2002, sections 16A.531, subdivision 1, by
adding a subdivision; 17.4988; 18.525; 18.78; 18.79, subdivisions 2, 3, 5, 6,
9, 10, 11; 18.81, subdivisions 2, 3; 18.84, subdivision 3; 18.85; 18.86;
18B.26, subdivision 3; 21.89, subdivision 2; 21.90, subdivision 2; 21.901;
28A.08, subdivision 3; 28A.085, subdivision 1; 28A.09, subdivision 1; 32.394,
subdivisions 8, 8b, 8d; 35.02, subdivision 1; 37.03, subdivision 1; 41A.09,
subdivisions 2a, 3a; 84.085, subdivision 1; 84.415, subdivisions 4, 5, by
adding subdivisions; 84D.14; 85.052, subdivision 3; 85.053, subdivision 1;
85A.02, subdivision 17; 86B.415, subdivision 7; 97A.475, subdivisions 15, 26,
27, 28, 29, 30, 38, 39, 40, 42; 97B.645, subdivision 7; 103B.231, subdivision
3a; 103B.305, subdivision 3, by adding subdivisions; 103B.311, subdivisions 1,
2, 3, 4; 103B.315, subdivisions 4, 5, 6; 103B.321, subdivisions 1, 2; 103B.325,
subdivisions 1, 2; 103B.331, subdivisions 1, 2, 3; 103B.3363, subdivision 3;
103B.3369, subdivisions 2, 4, 5, 6; 103B.355; 103D.405, subdivision 2;
103G.005, subdivision 10e; 103G.222, subdivision 1; 103G.2242, by adding
subdivisions; 103G.271, subdivisions 6, 6a; 103G.611, subdivision 1; 103G.615, subdivision
2; 115.03, by adding subdivisions; 115.073; 115.56, subdivision 4; 115A.0716,
subdivision 3; 115A.545, subdivision 2; 115A.9651, subdivision 6; 115B.17,
subdivisions 6, 7, 14, 16; 115B.19; 115B.20; 115B.22, subdivision 7; 115B.25,
subdivisions 1a, 4; 115B.26; 115B.30; 115B.31, subdivisions 1, 3, 4; 115B.32,
subdivision 1; 115B.33, subdivision 1; 115B.34; 115B.36; 115B.40, subdivision 4;
115B.41, subdivisions 1, 2, 3; 115B.42, subdivision 2; 115B.421; 115B.445;
115B.48, subdivision 2; 115B.49, subdivisions 1, 3, 4; 115D.12, subdivision 2;
116.03, subdivision 2; 116.07, subdivisions 4d, 4h; 116.994; 116C.834,
subdivision 1; 116O.09, subdivisions 1, 1a, 2, 3, 8, 9, 12, 13, by adding a
subdivision; 116P.02, subdivision 1; 116P.05, subdivision 2; 116P.09,
subdivisions 4, 5, 7; 116P.10; 116P.14, subdivision 2; 273.13, subdivision 23;
297A.94; 297F.10, subdivision 1; 297H.13, subdivisions 1, 2; 325E.10,
subdivision 1; 469.175, subdivision 7; 473.843, subdivision 2; 473.844,
subdivision 1; 473.845, subdivisions 1, 3, 7, 8; 473.846; proposing coding for
new law in Minnesota Statutes, chapters 18; 21; 103B; 116; repealing Minnesota
Statutes 2002, sections 1.31; 1.32; 3.737; 17.101, subdivision 5; 17.110;
18.51; 18.52; 18.53; 18.54; 18.79, subdivisions 1, 4, 7, 8; 18B.065,
subdivision 5; 38.02; 41A.09, subdivisions 1, 1a, 6, 7, 8; 84.415, subdivisions
1, 3; 89.391; 93.2235; 103B.311, subdivisions 5, 6, 7; 103B.315, subdivisions
1, 2, 3, 7; 103B.321, subdivision 3; 103B.3369, subdivision 3; 103G.222,
subdivision 2; 115A.908, subdivision 2; 115B.02, subdivision 1a; 115B.19;
115B.42, subdivision 1; 116O.09, subdivisions 5, 6, 7, 10; 116P.13; 297H.13,
subdivisions 3, 4; 325E.112, subdivisions 2, 3; 325E.113; 473.845, subdivision
4; Minnesota Rules, parts 6135.0100; 6135.0200; 6135.0300; 6135.0400;
6135.0510; 6135.0610; 6135.0710; 6135.0810; 6135.1000; 6135.1100; 6135.1200;
6135.1300; 6135.1400; 6135.1500; 6135.1600; 6135.1700; 6135.1800; 9300.0010;
9300.0020; 9300.0030; 9300.0040; 9300.0050; 9300.0060; 9300.0070; 9300.0080;
9300.0090; 9300.0100; 9300.0110; 9300.0120; 9300.0130; 9300.0140; 9300.0150;
9300.0160; 9300.0170; 9300.0180; 9300.0190; 9300.0200; 9300.0210.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
[AGRICULTURE AND RURAL DEVELOPMENT APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS"
are appropriated from the general fund, or another named fund, to the agencies
and for the purposes specified in this act, to be available for the fiscal
years indicated for each purpose. The
figures "2004" and "2005," where used in this act, mean
that the appropriation or appropriations listed under them are available for
the year ending June 30, 2004, or June 30, 2005, respectively. The term "the first year" means
the year ending June 30, 2004, and the term "the second year" means
the year ending June 30, 2005.
SUMMARY
BY FUND
2004
2005 TOTAL
General $45,185,000
$44,620,000 $89,805,000
Remediation
353,000
353,000
706,000
TOTAL $45,538,000
$44,973,000 $90,511,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Sec. 2. DEPARTMENT OF
AGRICULTURE
Subdivision 1. Total
Appropriation
42,735,000 42,170,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Summary by Fund
General 42,382,000 41,817,000
Remediation 353,000 353,000
The amounts that may be
spent from this appropriation for each program are specified in the following
subdivision.
Subd. 2. Protection
Services
9,138,000 9,138,000
Summary by Fund
General 8,785,000 8,785,000
Remediation 353,000 353,000
$353,000 the first year and $353,000 the
second year are from the remediation fund for administrative funding for the
voluntary cleanup program.
Subd. 3. Agricultural
Marketing and Development
5,209,000 5,209,000
$71,000 the first year and $71,000 the second
year are for transfer to the Minnesota grown matching account and may be used
as grants for Minnesota grown promotion under Minnesota Statutes, section
17.109. Grants may be made for one
year. Notwithstanding Minnesota
Statutes, section 16A.28, the appropriations encumbered under contract on or
before June 30, 2005, for Minnesota grown grants in this subdivision are
available until June 30, 2007.
$80,000 the first year and $80,000 the second
year are for grants to farmers for demonstration projects involving sustainable
agriculture as authorized in Minnesota Statutes, section 17.116. Of the amount
for grants, up to $20,000 may be used for dissemination of information about
the demonstration projects.
Notwithstanding Minnesota Statutes, section 16A.28, the appropriations
encumbered under contract on or before June 30, 2005, for sustainable
agriculture grants in this subdivision are available until June 30, 2007.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
The commissioner, in
consultation with farm groups and individuals and organizations in the
education community, shall identify an appropriate entity in the private sector
to sponsor, house, and carry on the staffing and function of the Ag in the
Classroom program. Once an entity is
identified and arrangements for the transfer finalized, the commissioner may
release educational and program materials to the new entity.
Subd. 4. Ethanol
Development
22,962,000
21,428,000
Notwithstanding the annual
appropriation for ethanol producer payments in Minnesota Statutes, section
41A.09, subdivision 1, the general fund appropriation for fiscal year 2004 is
$22,692,000 and the appropriation for fiscal year 2005 is $21,428,000. Payments
from these appropriations for eligible ethanol production in fiscal years 2004
and 2005 shall be disbursed at the rate of $0.13 per gallon, and the base
appropriation amounts in fiscal years 2006 and 2007 must be calculated as the
projected eligible production in those years times a payment rate of $0.13 per
gallon. If the total amount for which
all producers are eligible in a quarter exceeds the amount available for
payments, the commissioner shall make payments on a pro rata basis.
Subd. 5. Administration
and Financial Assistance
5,426,000
6,395,000
$1,005,000 the first year
and $1,005,000 the second year are for continuation of the dairy development
and profitability enhancement and dairy business planning grant programs
established under Laws 1997, chapter 216, section 7, subdivision 2 and Laws
2001, First Special Session chapter 2, section 9, subdivision 2. The commissioner may allocate the available
sums among permissible activities, including efforts to improve the quality of
milk produced in the state, in the proportions which the commissioner deems
most beneficial to Minnesota's dairy farmers.
The commissioner must submit a work plan detailing plans for
expenditures under this program to the chairs of the house and senate
committees dealing with agricultural policy and budget on or before the start
of each fiscal year. If significant changes are made to the plans in the course
of the year, the commissioner must notify the chairs.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
$50,000 the first year and
$50,000 the second year are for the Northern Crops Institute. These appropriations may be spent to
purchase equipment.
$19,000 the first year and
$19,000 the second year are for a grant to the Minnesota livestock breeders
association.
$2,000 the first year and
$1,000 the second year are for family farm security interest payment adjustments.
If the appropriation for either year is insufficient, the appropriation for the
other year is available for it. No new
loans may be approved in fiscal year 2004 or 2005.
$500,000 the first year and
$1,535,000 the second year are for the administration and performance of the
duties under Minnesota Statutes, section 116O.09. The commissioner shall transfer up to $100,000 to the
agricultural utilization and research institute for its operations between July
1 and September 30, 2003.
Sec. 3. BOARD OF ANIMAL
HEALTH
2,803,000 2,803,000
$400,000 the first year and $400,000 the
second year are for the purposes of cervidae inspections as authorized in
Minnesota Statutes, section 17.452.
Sec.
4. AGRICULTURAL UTILIZATION RESEARCH
INSTITUTE -0-
-0-
Sec. 5. Minnesota
Statutes 2002, section 17.451, is amended to read:
17.451 [DEFINITIONS.]
Subdivision 1.
[APPLICABILITY.] The definitions in this section apply to this section
and section 17.452.
Subd. 1a.
[CERVIDAE.] "Cervidae" means animals that are members
of the family Cervidae and includes, but is not limited to, white-tailed
deer, mule deer, red deer, elk, moose, caribou, reindeer, and muntjac.
Subd. 2. [FARMED
CERVIDAE.] "Farmed cervidae" means members of the Cervidae family
that are:
(1) raised for the any purpose of producing
fiber, meat, or animal by-products, as pets, or as breeding stock; and
(2) registered in a manner approved by the board of animal
health.
Subd. 3. [OWNER.] "Owner" means a person who owns or is
responsible for the raising of farmed cervidae.
Subd. 4. [HERD.]
"Herd" means:
(1) all cervidae maintained on common ground for any purpose;
or
(2) all cervidae under common ownership or supervision, geographically
separated, but that have an interchange or movement of animals without
regard to whether the animals are infected with or exposed to diseases.
Sec. 6. Minnesota
Statutes 2002, section 17.452, subdivision 8, is amended to read:
Subd. 8. [SLAUGHTER.]
Farmed cervidae must be slaughtered and inspected in accordance with chapters
31 and 31A or the United States Department of Agriculture voluntary program
for exotic animals, Code of Federal Regulations, title 9, part 352.
Sec. 7. Minnesota
Statutes 2002, section 17.452, subdivision 10, is amended to read:
Subd. 10. [FENCING.] (a)
Farmed cervidae must be confined in a manner designed to prevent escape. Fencing must meet the requirements in
this subdivision unless an alternative is specifically approved by the
commissioner. The board of animal
health shall follow the guidelines established by the United States Department
of Agriculture in the program for eradication of bovine tuberculosis. Perimeter fencing must be of the following
heights:
(1) for fences constructed before August 1, 1995, for farmed
deer, at least 75 inches;
(2) for fences constructed before August 1, 1995, for farmed
elk, at least 90 inches; and
(3) for fences constructed on or after August 1, 1995, for
all farmed cervidae, at least 96 inches.
(b) The farmed cervidae advisory committee shall establish
guidelines designed to prevent the escape of farmed cervidae and other
appropriate management practices. All
perimeter fences for farmed cervidae must be at least 96 inches in
height and be constructed and maintained in a way that prevents the
escape of farmed cervidae or entry into the premises by free-roaming
cervidae.
(c) The commissioner of agriculture in consultation with the
commissioner of natural resources shall adopt rules prescribing fencing
criteria for farmed cervidae.
[EFFECTIVE DATE.] This
section is effective January 1, 2004.
Sec. 8. Minnesota
Statutes 2002, section 17.452, subdivision 11, is amended to read:
Subd. 11. [DISEASE INSPECTION
CONTROL PROGRAMS.] Farmed cervidae herds are subject to chapter 35 and
the rules of the board of animal health in the same manner as livestock and
domestic animals, including provisions relating to importation and
transportation.
Sec. 9. Minnesota
Statutes 2002, section 17.452, subdivision 12, is amended to read:
Subd. 12.
[IDENTIFICATION.] (a) Farmed cervidae must be identified by imported
animals United
States Department of Agriculture metal ear tags, electronic implants, or other
means of identification approved by the board of animal health in consultation
with the commissioner of natural resources. Beginning January 1, 2004, the identification must be
visible to the naked eye during daylight under normal conditions at a
distance of 50 yards. Newborn or are required to must be identified by March 1 of each
year before December 31 of the year in which the animal is born
or before movement from the premises, whichever occurs first. The board shall authorize discrete
permanent identification for farmed cervidae in public displays or other forums
where visible identification is objectionable.
(b) Identification of farmed cervidae is subject to sections
35.821 to 35.831.
(c) The board of animal health shall register farmed
cervidae upon request of the owner.
The owner must submit the registration request on forms provided by the
board. The forms must include sales
receipts or other documentation of the origin of the cervidae. The board shall provide copies of the
registration information to the commissioner of natural resources upon
request. The owner must keep written
records of the acquisition and disposition of registered farmed cervidae.
Sec. 10. Minnesota
Statutes 2002, section 17.452, subdivision 13, is amended to read:
Subd. 13. [INSPECTION.]
The commissioner of agriculture and the board of animal health may inspect
farmed cervidae, farmed cervidae facilities, and farmed cervidae
records. The commissioner of natural
resources may inspect farmed cervidae, farmed cervidae facilities,
and farmed cervidae records with reasonable suspicion that laws protecting
native wild animals have been violated. and must notify the owner
must be notified in writing at the time of the inspection of the reason
for the inspection and informed must inform the owner in writing
after the inspection of whether (1) the cause of the inspection was unfounded;
or (2) there will be an ongoing investigation or continuing evaluation.
Sec. 11. Minnesota
Statutes 2002, section 17.452, is amended by adding a subdivision to read:
Subd. 15. [MANDATORY
REGISTRATION.] A person may not possess live cervidae in Minnesota
unless the person is registered with the board of animal health and
meets all the requirements for farmed cervidae under this section. Cervidae possessed in violation of
this subdivision may be seized and destroyed by the commissioner of
natural resources.
[EFFECTIVE DATE.] This
section is effective January 1, 2004.
Sec. 12. Minnesota
Statutes 2002, section 17.452, is amended by adding a subdivision to read:
Subd. 16. [MANDATORY
SURVEILLANCE FOR CHRONIC WASTING DISEASE.] (a) An inventory for each farmed
cervidae herd must be verified by an accredited veterinarian and filed
with the board of animal health every 12 months.
(b) Movement of farmed cervidae from any premises to another
location must be reported to the board of animal health within 14 days
of such movement on forms approved by the board of animal health.
(c) All animals from farmed cervidae herds that are over 16
months of age that die or are slaughtered must be tested for chronic
wasting disease.
[EFFECTIVE DATE.] This
section is effective January 1, 2004.
Sec. 13. [18.511] [FEE
SCHEDULE.]
Subdivision 1.
[ESTABLISHMENT OF FEES.] The commissioner shall establish fees
sufficient to allow for the administration and enforcement of this
chapter and rules adopted under this chapter, including the portion of
general support costs and statewide indirect costs of the agency
attributable to that function, with a reserve sufficient for up to
six months. The commissioner
shall review the fee schedule annually in consultation with the
Minnesota nursery and landscape advisory committee. For the certificate year beginning January
1, 2004, the fees are as described in this section.
Subd. 2.
[NURSERY STOCK GROWER CERTIFICATE.] (a) A nursery stock grower
must pay an annual fee based on the area of all acreage on which nursery
stock is grown for certification as follows:
(1) less than one-half acre, $150;
(2) from one-half acre to two acres, $200;
(3) over two acres up to five acres, $300;
(4) over five acres up to ten acres, $350;
(5) over ten acres up to 20 acres, $500;
(6) over 20 acres up to 40 acres, $650;
(7) over 40 acres up to 50 acres, $800;
(8) over 50 acres up to 200 acres, $1,100;
(9) over 200 acres up to 500 acres, $1,500; and
(10) over 500 acres, $1,500 plus $2 for each additional acre.
(b) In addition to the fees in paragraph (a), a penalty of
ten percent of the fee due must be charged for each month that the
fee is delinquent for any application for renewal not received by
January 1 of the year following expiration of a certificate.
Subd. 3.
[NURSERY STOCK DEALER, CERTIFICATE.] (a) A nursery stock
dealer must pay an annual fee based on the dealer's gross sales of
nursery stock per location during the preceding certificate year. A certificate applicant operating for
the first time shall pay the minimum fee.
The fees are per sales location as follows:
(1) gross sales up to $20,000, $150;
(2) gross sales over $20,000 up to $100,000, $175;
(3) gross sales over $100,000 up to $250,000, $300;
(4) gross sales over $250,000 up to $500,000, $425;
(5) gross sales over $500,000 up to $1,000,000, $550;
(6) gross sales over $1,000,000 up to $2,000,000, $675; and
(7) gross sales over $2,000,000, $800.
(b) In addition to the fees in
paragraph (a), a penalty of ten percent of the fee due must be charged
for each month that the fee is delinquent for any application for
renewal not received by January 1 of the year following expiration of a
certificate.
Subd. 4.
[REINSPECTION; ADDITIONAL OR OPTIONAL INSPECTION FEES.] If a
reinspection is required or an additional inspection is needed or
requested, a fee shall be assessed based on mileage and inspection time
as follows:
(1) mileage must be charged at the current United States
Internal Revenue Service reimbursement rate; and
(2) inspection time must be charged at the rate of $50 per
hour, including the driving time to and from the location in addition
to the time spent conducting the inspection.
Sec. 14. Minnesota
Statutes 2002, section 18.525, is amended to read:
18.525 [EXEMPT NURSERY SALES.]
Subdivision 1.
[NOT-FOR-PROFIT SALES.] An organization does not need to obtain a
nursery stock dealer certificate before offering or individual may offer
for sale certified nursery stock for sale or distribution if the
organization:
(1) is a and be exempt from the requirement to obtain
a nursery stock dealer certificate if sales are conducted by a nonprofit
charitable, educational, or religious organization;
(2) that:
(1) conducts sales or distributions of certified nursery
stock on 14 or fewer days in a calendar year; and
(3) (2) uses the proceeds from its certified
nursery stock sales or distributions for charitable, educational, or religious
purposes.
The organization must notify the commissioner, prior to any
sales or distributions of certified nursery stock and must demonstrate to the
commissioner, if requested, that such sales or distributions will be conducted
on 14 or fewer days in the calendar year, as provided in clause (2).
Subd. 2.
[NURSERY HOBBYIST SALES.] (a) An organization or individual
may offer nursery stock for sale and be exempt from the requirement to
obtain a nursery stock dealer certificate if:
(1) the gross sales of all nursery stock sold in a calendar
year do not exceed $2,000;
(2) all nursery stock sold or distributed by the hobbyist
is intended for planting in Minnesota; and
(3) all nursery stock purchased or procured for resale or
distribution was grown in Minnesota and has been certified by the
commissioner of agriculture.
(b) The commissioner may prescribe the conditions of the
exempt nursery sales under this subdivision and may conduct routine
inspections of nursery stock offered for sale.
Sec. 15. [18.541] [NURSERY AND PHYTOSANITARY ACCOUNT.]
A nursery and phytosanitary account is established in the
state treasury. The fees and
penalties collected under this chapter and interest attributable to
money in the account must be deposited in the state treasury and
credited to the nursery and phytosanitary account in the agricultural
fund. Money in the account,
including interest earned, is appropriated to the commissioner for
administration and enforcement of this chapter.
Sec. 16. [18.611]
[EXPORT CERTIFICATION, INSPECTIONS, CERTIFICATES, PERMITS, AND FEES.]
Subdivision 1.
[DISPOSITION AND USE OF MONEY RECEIVED.] All fees and penalties
collected under this chapter and interest attributable to the money in
the account must be deposited in the state treasury and credited to the
nursery and phytosanitary account in the agricultural fund. Money in the account, including
interest earned, is appropriated to the commissioner for the
administration and enforcement of this chapter.
Subd. 2.
[COOPERATIVE AGREEMENTS.] The commissioner may enter into
cooperative agreements with federal and state agencies for
administration of the export certification program. An exporter of plants or plant products
desiring to originate shipments from Minnesota to a foreign country requiring
a phytosanitary certificate or export certificate must submit an
application to the commissioner.
Subd. 3.
[PHYTOSANITARY AND EXPORT CERTIFICATES.] Application for phytosanitary
certificates or export certificates must be made on forms provided or
approved by the commissioner.
The commissioner shall conduct inspections of plants, plant
products, or facilities for persons that have applied for or intend to
apply for a phytosanitary certificate or export certificate from the
commissioner. Inspections must include
one or more of the following as requested or required:
(1) an inspection of the plants or plant products intended
for export under a phytosanitary certificate or export certificate;
(2) field inspections of growing plants to determine presence
or absence of plant diseases, if necessary;
(3) laboratory diagnosis for presence or absence of plant
diseases, if necessary;
(4) observation and evaluation of procedures and facilities
utilized in handling plants and plant products, if necessary; and
(5) review of United States Department of Agriculture, Federal
Grain Inspection Service Official Export Grain Inspection Certificate
logs.
The commissioner may issue a phytosanitary or export certificate
if the plants or plant products satisfactorily meet the requirements of
the importing foreign country and the United States Department of
Agriculture requirements. The
requirements of the destination countries must be met by the applicant.
Subd. 4.
[CERTIFICATE FEES.] (a) The commissioner shall assess the fees
in paragraphs (b) to (f) for the inspection, service, and work performed
in carrying out the issuance of a phytosanitary certificate or export
certificate. The inspection fee
must be based on mileage and inspection time.
(b) Mileage charge:
current United States Internal Revenue Service mileage rate.
(c) Inspection time:
$50 per hour minimum or fee necessary to cover department
costs. Inspection time includes the
driving time to and from the location in addition to the time spent conducting
the inspection.
(d) A fee shall be assessed for any certificate issued
that requires laboratory analysis before issuance. The fee must be deposited into the
laboratory account as authorized in section 17.85.
(e) Certificate fee for product value greater than
$250: a fee of $75 for each
phytosanitary or export certificate issued for any single shipment
valued at more than $250 in addition to any mileage or inspection time
charges that are assessed.
(f) Certificate fee for product value less than $250: a fee of $25 for each phytosanitary
or export certificate issued for any single shipment valued at less than
$250 in addition to any mileage or inspection time charges that are
assessed.
Subd. 5.
[CERTIFICATE DENIAL OR CANCELLATION.] The commissioner may
deny or cancel the issuance of a phytosanitary or export certificate for
any of the following reasons:
(1) failure of the plants or plant products to meet quarantine,
regulations, and requirements imposed by the country for which the
phytosanitary or export certificate is being requested;
(2) failure to completely or accurately provide the information
requested on the application form;
(3) failure to ship the exact plants or plant products which
were inspected and approved; or
(4) failure to pay any fees or costs due the commissioner.
Subd. 6. [PLANT
PROTECTION INSPECTIONS, CERTIFICATES, PERMITS, AND FEES.] (a) The
commissioner may provide inspection, sampling, or certification services
to ensure that Minnesota plant products or commodities meet import
requirements of other states or countries.
(b) The state plant regulatory official may issue permits
and certificates verifying that various Minnesota agricultural products
or commodities meet specified phytosanitary requirements, treatment
requirements, or pest absence assurances based on determinations by the
commissioner. The commissioner may
collect fees sufficient to recover costs for these permits or
certificates. The fees must be
deposited in the nursery and phytosanitary account.
Sec. 17. [18.612]
[CREDITING OF PENALTIES, FEES, AND COSTS.]
Penalties, cost reimbursements, fees, and other money collected
under this chapter must be deposited into the state treasury and
credited to the appropriate nursery and phytosanitary or seed account.
Sec. 18. Minnesota
Statutes 2002, section 18.78, is amended to read:
18.78 [CONTROL OR ERADICATION OF NOXIOUS WEEDS.]
Subdivision 1.
[GENERALLY.] Except as provided in section 18.85, A person owning
land, a person occupying land, or a person responsible for the maintenance of
public land shall control or eradicate all noxious weeds on the land at a time
and in a manner ordered by the commissioner, the county agricultural
inspector, or a local weed inspector.
Subd. 2. [CONTROL OF
PURPLE LOOSESTRIFE.] An owner of nonfederal lands underlying public waters or
wetlands designated under section 103G.201 is not required to control or eradicate
purple loosestrife below the ordinary high water level of the public water or
wetland. The commissioner of natural
resources is responsible for control and eradication of purple loosestrife on
public waters and wetlands designated under section 103G.201, except those
located upon lands owned in fee title or managed by the United States. The officers, employees, agents, and contractors of the
commissioner of natural resources may enter upon public waters and wetlands
designated under section 103G.201 and, after providing notification to the
occupant or owner of the land, may cross adjacent lands as necessary for the
purpose of investigating purple loosestrife infestations, formulating methods
of eradication, and implementing control and eradication of purple
loosestrife. The commissioner, after
consultation with the commissioner of agriculture, of natural resources
shall, by June 1 of each year, compile a priority list of purple loosestrife
infestations to be controlled in designated public waters. The commissioner of agriculture natural
resources must distribute the list to county agricultural inspectors, local
weed inspectors, and their appointed agents.
The commissioner of natural resources shall control listed purple
loosestrife infestations in priority order within the limits of appropriations
provided for that purpose. This procedure shall be the exclusive means for
control of purple loosestrife on designated public waters by the commissioner
of natural resources and shall supersede the other provisions for control of
noxious weeds set forth elsewhere in this chapter. The responsibility of the commissioner of natural resources to
control and eradicate purple loosestrife on public waters and wetlands located
on private lands and the authority to enter upon private lands ends ten days
after receipt by the commissioner of a written statement from the landowner
that the landowner assumes all responsibility for control and eradication of
purple loosestrife under sections 18.78 to 18.88. State officers, employees, agents, and contractors of the
commissioner of natural resources are not liable in a civil action for trespass
committed in the discharge of their duties under this section and are not
liable to anyone for damages, except for damages arising from gross negligence.
Sec. 19. Minnesota
Statutes 2002, section 18.79, subdivision 2, is amended to read:
Subd. 2. [AUTHORIZED
AGENTS.] The commissioner shall authorize department of agriculture
personnel and may authorize, in writing, County agricultural inspectors to
act as agents in the administration and enforcement of may administer
and enforce sections 18.76 to 18.88.
Sec. 20. Minnesota
Statutes 2002, section 18.79, subdivision 3, is amended to read:
Subd. 3. [ENTRY UPON
LAND.] To administer and enforce sections 18.76 to 18.88, the commissioner,
authorized agents of the commissioner, county agricultural inspectors,
and local weed inspectors may enter upon land without consent of the owner and
without being subject to an action for trespass or any damages.
Sec. 21. Minnesota
Statutes 2002, section 18.79, subdivision 5, is amended to read:
Subd. 5. [ORDER FOR
CONTROL OR ERADICATION OF NOXIOUS WEEDS.] The commissioner, A county
agricultural inspector, or a local weed inspector may order the control
or eradication of noxious weeds on any land within the state.
Sec. 22. Minnesota
Statutes 2002, section 18.79, subdivision 6, is amended to read:
Subd. 6. [EDUCATIONAL
PROGRAMS FOR CONTROL OR ERADICATION OF NOXIOUS WEEDS.] The commissioner
shall conduct education programs considered necessary for weed inspectors in
the enforcement of the Noxious Weed Law.
The director of the Minnesota extension service may conduct educational
programs for the general public that will aid compliance with the noxious weed
law.
Sec. 23. Minnesota
Statutes 2002, section 18.79, subdivision 9, is amended to read:
Subd. 9. [INJUNCTION.]
If the commissioner county agricultural inspector applies
to a court for a temporary or permanent injunction restraining a person from
violating or continuing to violate sections 18.76 to 18.88, the injunction may
be issued without requiring a bond.
Sec. 24. Minnesota
Statutes 2002, section 18.79, subdivision 10, is amended to read:
Subd. 10.
[PROSECUTION.] On finding that a person has violated sections 18.76 to
18.88, the commissioner county agricultural inspector may
start court proceedings in the locality in which the violation occurred. The county attorney may prosecute actions
under sections 18.76 to 18.88 within the county attorney's jurisdiction.
Sec. 25. Minnesota
Statutes 2002, section 18.81, subdivision 2, is amended to read:
Subd. 2. [LOCAL WEED
INSPECTORS.] Local weed inspectors shall:
(1) examine all lands, including highways, roads, alleys, and
public ground in the territory over which their jurisdiction extends to
ascertain if section 18.78 and related rules have been complied with;
(2) see that the control or eradication of noxious weeds is
carried out in accordance with section 18.83 and related rules; and
(3) issue permits in accordance with section 18.82 and related
rules for the transportation of materials or equipment infested with noxious
weed propagating parts; and
(4) submit reports and attend meetings that the commissioner
requires.
Sec. 26. Minnesota
Statutes 2002, section 18.81, subdivision 3, is amended to read:
Subd. 3.
[NONPERFORMANCE BY INSPECTORS; REIMBURSEMENT FOR EXPENSES.] (a)
If local weed inspectors neglect or fail to do their duty as prescribed in this
section, the commissioner county agricultural inspector shall
issue a notice to the inspector providing instructions on how and when to do
their duty. If, after the time allowed
in the notice, the local weed inspector has not complied as directed, the
county agricultural inspector may perform the duty for the local weed
inspector. A claim for the expense of
doing the local weed inspector's duty is a legal charge against the
municipality in which the inspector has jurisdiction. The county agricultural inspector doing the work may file an
itemized statement of costs with the clerk of the municipality in which the
work was performed. The municipality
shall immediately issue proper warrants to the county for the work
performed. If the municipality fails to
issue the warrants, the county auditor may include the amount contained in the
itemized statement of costs as part of the next annual tax levy in the
municipality and withhold that amount from the municipality in making its next
apportionment.
(b) If a county agricultural inspector fails to perform the
duties as prescribed in this section, the commissioner shall issue a notice to
the inspector providing instructions on how and when to do that duty.
(c) The commissioner shall by rule establish procedures to
carry out the enforcement actions for nonperformance required by this
subdivision.
Sec. 27. Minnesota
Statutes 2002, section 18.84, subdivision 3, is amended to read:
Subd. 3. [COURT APPEAL
OF COSTS; PETITION.] (a) A landowner who has appealed the cost of noxious weed
control measures under subdivision 2 may petition for judicial review. The
petition must be filed within 30 days after the conclusion of the hearing
before the county board. The petition
must be filed with the court administrator in the county in which the land
where the noxious weed control measures were undertaken is located, together
with proof of service of a copy of the petition on the commissioner and
the county auditor. No responsive
pleadings may be required of the commissioner or the county, and no
court fees may be charged for the appearance of the commissioner or the
county in this matter.
(b) The petition must be captioned in the name of the
person making the petition as petitioner and the commissioner of agriculture
and respective county as respondents.
The petition must include the petitioner's name, the legal description
of the land involved, a copy of the notice to control noxious weeds, and the
date or dates on which appealed control measures were undertaken.
(c) The petition must state with specificity the grounds upon
which the petitioner seeks to avoid the imposition of a lien for the cost of
noxious weed control measures.
Sec. 28. Minnesota
Statutes 2002, section 18.86, is amended to read:
18.86 [UNLAWFUL ACTS.]
No person may:
(1) hinder or obstruct in any way the commissioner, the
commissioner's authorized agents, county agricultural inspectors, or
local weed inspectors in the performance of their duties as provided in
sections 18.76 to 18.88 or related rules;
(2) neglect, fail, or refuse to comply with section 18.82 or
related rules in the transportation and use of material or equipment infested
with noxious weed propagating parts;
(3) sell material containing noxious weed propagating parts to
a person who does not have a permit to transport that material or to a person
who does not have a screenings permit issued in accordance with section 21.74;
or
(4) neglect, fail, or refuse to comply with a general notice or
an individual notice to control or eradicate noxious weeds.
Sec. 29. Minnesota
Statutes 2002, section 18B.26, subdivision 3, is amended to read:
Subd. 3. [APPLICATION
FEE.] (a) A registrant shall pay an annual application fee for each pesticide
to be registered, and this fee is set at one-tenth of one percent for calendar
year 1990, at one-fifth of one percent for calendar year 1991, and at
two-fifths of one percent for calendar year 1992 and thereafter of annual gross
sales within the state and annual gross sales of pesticides used in the state,
with a minimum nonrefundable fee of $250.
The registrant shall determine when and which pesticides are sold or
used in this state. The registrant
shall secure sufficient sales information of pesticides distributed into this
state from distributors and dealers, regardless of distributor location, to
make a determination. Sales of
pesticides in this state and sales of pesticides for use in this state by
out-of-state distributors are not exempt and must be included in the registrant's
annual report, as required under paragraph (c), and fees shall be paid by the
registrant based upon those reported sales.
Sales of pesticides in the state for use outside of the state are exempt
from the application fee in this paragraph if the registrant properly documents
the sale location and distributors. A
registrant paying more than the minimum fee shall pay the balance due by March
1 based on the gross sales of the pesticide by the registrant for the preceding
calendar year. The fee for
disinfectants and sanitizers shall be the minimum. The minimum fee is due by December 31 preceding the year for
which the application for registration is made. Of the amount collected after calendar year 1990, at least
$600,000 per fiscal year must be credited to the waste pesticide account under
section 18B.065, subdivision 5 The commissioner shall spend at
least $300,000 per fiscal year from the pesticide regulatory account for
the purposes of the waste pesticide collection program.
(b) An additional fee of $100 must be paid by the applicant for
each pesticide to be registered if the application is a renewal application
that is submitted after December 31.
(c) A registrant must annually report to the commissioner
the amount and type of each registered pesticide sold, offered for sale, or
otherwise distributed in the state. The
report shall be filed by March 1 for the previous year's registration. The
commissioner shall specify the form of the report and require additional
information deemed necessary to determine the amount and type of pesticides
annually distributed in the state. The
information required shall include the brand name, amount, and formulation of
each pesticide sold, offered for sale, or otherwise distributed in the state,
but the information collected, if made public, shall be reported in a manner
which does not identify a specific brand name in the report.
Sec. 30. Minnesota
Statutes 2002, section 21.89, subdivision 2, is amended to read:
Subd. 2. [PERMITS;
ISSUANCE AND REVOCATION.] (a) The commissioner shall issue a permit to
the initial labeler of agricultural, vegetable, or flower, and
wildflower seeds which are sold for use in Minnesota and which conform to
and are labeled under sections 21.80 to 21.92.
The categories of permits are as follows:
(1) for initial labelers who sell 50,000 pounds or less of
agricultural seed each calendar year, an annual permit issued for a
fee established in section 21.891, subdivision 2, paragraph (b);
(2) for initial labelers who sell vegetable, flower, and
wildflower seed packed for use in home gardens or household plantings,
an annual permit issued for a fee established in section 21.891,
subdivision 2, paragraph (c), based upon the gross sales from the
previous year; and
(3) for initial labelers who sell more than 50,000 pounds
of agricultural seed each calendar year, a permanent permit for a fee
established in section 21.891, subdivision 2, paragraph (d).
(b) In addition, the person permit holders
shall furnish to the commissioner an itemized statement of all seeds sold in
Minnesota for the periods established by the commissioner. This statement shall be delivered, along
with the payment of the fee, based upon the amount and type of seed sold,
to the commissioner no later than 30 days after the end of each reporting
period. Any person holding a permit shall show as part of the analysis labels
or invoices on all agricultural, vegetable, flower, wildflower, tree or
shrub seeds all information the commissioner requires. The commissioner may revoke any permit in
the event of failure to comply with applicable laws and rules.
Sec. 31. [21.891]
[CHARGES UNDER MINNESOTA SEED LAW.]
Subdivision 1.
[SAMPLING EXPORT SEED.] In accordance with section 21.85,
subdivision 13, the commissioner shall, if requested, sample seed
destined for export to other countries. The fee for sampling export seed
is an hourly rate published annually by the commissioner and it shall be
an amount sufficient to recover the actual costs for the service provided.
Subd. 2. [SEED
FEE PERMITS.] (a) An initial labeler who wishes to sell seed in
Minnesota must comply with section 21.89, subdivisions 1 and 2, and the
procedures in this subdivision. Each initial labeler who wishes to sell
seed in Minnesota must apply to the commissioner to obtain a
permit. The application must
contain the name and address of the applicant, the application date, and
the name and title of the applicant's contact person.
(b) The application for a seed permit covered by section
21.89, subdivision 2, paragraph (a), clause (1), must be accompanied
by an application fee of $50.
(c) The application for a vegetable, flower, and wildflower
seed permit covered by section 21.89, subdivision 2, paragraph (a),
clause (2), must be accompanied by an application fee based on the level
of annual gross sales as follows:
(1) for gross sales of zero to $25,000, the annual permit
fee is $50;
(2) for gross sales of $25,001 to
$50,000, the annual permit fee is $100;
(3) for gross sales of $50,001 to $100,000, the annual permit
fee is $200;
(4) for gross sales of $100,001 to $250,000, the annual permit
fee is $500;
(5) for gross sales of $250,001 to $500,000, the annual permit
fee is $1,000; and
(6) for gross sales of $500,001 and above, the annual permit
fee is $2,000.
(d) The application for an agricultural seed permit covered
by section 21.89, subdivision 2, paragraph (a), clause (3), must be
accompanied by an application fee of $50.
Initial labelers holding seed fee permits covered under this
paragraph need not apply for a new permit or pay the application
fee. Under this permit category,
the fees for the following kinds of agricultural seed sold either in
bulk or containers are:
(1) oats, wheat, barley:
6.3 cents per hundredweight;
(2) rye, field beans, soybeans, buckwheat, flax: 8.4 cents per hundredweight;
(3) field corn: 29.4
cents per hundredweight;
(4) forage, lawn and turf grasses, legumes: 49 cents per hundredweight;
(5) sunflower: $1.40
per hundredweight;
(6) sugar beet:
$3.29 per hundredweight; and
(7) for any agricultural seed not listed in clauses (1) to
(6), the fee for the crop most closely resembling it in normal planting
rate applies.
(e) If, for reasons beyond the control and knowledge of the
initial labeler, seed is shipped into Minnesota by a person other
than the initial labeler, the responsibility for the seed fees are
transferred to the shipper. An
application for a transfer of this responsibility must be made to the
commissioner. Upon approval by the
commissioner of the transfer, the shipper is responsible for payment of
the seed permit fees.
(f) Seed permit fees may be included in the cost of the seed
either as a hidden cost or as a line item cost on each invoice for seed sold. To identify the fee on an invoice, the words,
"Minnesota seed permit fees" must be used.
(g) All seed fee permit holders must file semiannual reports
with the commissioner, even if no seed was sold during the reporting
period. Each semiannual report must be
submitted within 30 days of the end of each reporting period. The reporting periods are October 1
to March 31 and April 1 to September 30 of each year or July 1 to
December 31, and January 1 to June 30 of each year. Permit holders may change their reporting
periods with the approval of the commissioner.
(h) The holder of a seed fee permit must pay fees on all
seed for which the permit holder is the initial labeler and which are
covered by sections 21.80 to 21.92 and sold during the reporting period.
(i) If a seed fee permit holder fails to submit a semiannual
report and pay the seed fee within 30 days after the end of each
reporting period, the commissioner shall assess a penalty of $100 or
eight percent, calculated on an annual basis, of the fee due, whichever
is greater, but no more than $500 for each late semiannual report. A $15 penalty must be charged when the
semiannual report is late, even if no fee is due for the reporting
period. Seed fee permits may be revoked
for failure to comply with this subdivision or the Minnesota seed law.
Subd. 3. [HYBRID SEED CORN VARIETY REGISTRATION FEE.]
In accordance with section 21.90, subdivision 2, the fee for the registration
of each hybrid seed corn variety or blend is $50, which must be paid at
the time of registration. New hybrid
seed corn variety registrations received after March 1 and renewed registrations
of older varieties received after August 1 of each year will have an
annual registration fee of $75 per variety.
Subd. 4. [BRAND
NAME REGISTRATION FEE.] The fee is $25 for each variety registered
for sale by brand name.
Sec. 32. Minnesota
Statutes 2002, section 21.90, subdivision 2, is amended to read:
Subd. 2. [FEES.] A
record of each new hybrid seed field corn variety to be sold in
Minnesota shall be registered with the commissioner by February March
1 of each year by the originator or owner.
Records of all other hybrid seed field corn varieties sold in
Minnesota shall be registered with the commissioner by August 1 of each
year by the originator or owner.
The commissioner shall establish the annual fee for registration for
each variety. The record shall include
the permanent designation of the hybrid as well as the day classification and
zone of adaptation, as determined under subdivision 1, which the originator or
owner declares to be the zone in which the variety is adapted. In addition, at the time of the first
registration of a hybrid seed field corn variety, the originator or owner shall
include a sworn statement that the declaration of the zone of adaptation was
based on actual field trials in that zone and that the field trials
substantiate the declaration as to the day and zone classifications to which
the variety is adapted. The name or
number used to designate a hybrid seed field corn variety in the registration
is the only name of all seed corn covered by or sold under that registration. To
assist in defraying the expenses of the Minnesota agricultural
experiment station in carrying out the provisions of this section, there
is transferred annually from the seed inspection fund to the
agricultural experiment station a sum which shall equal 60 percent of
the total revenue from all hybrid seed field corn variety registrations.
Sec. 33. Minnesota
Statutes 2002, section 21.901, is amended to read:
21.901 [BRAND NAME REGISTRATION.]
The owner or originator of a variety of nonhybrid seed that is
to be sold in this state must annually register the variety with the
commissioner if the variety is to be sold only under a brand name. The registration must include the brand name
and the variety of seed. The brand name
for a blend or mixture need not be registered.
The fee is $15 for each variety registered for sale by brand
name.
Sec. 34. Minnesota
Statutes 2002, section 28A.08, subdivision 3, is amended to read:
Subd. 3. [FEES
EFFECTIVE JULY 1, 1999 2003.]
Penalties
Type of food handler License
Late No
Fee Renewal License
Effective
July 1,
1999
2003
1. Retail food handler
(a) Having gross sales of only prepackaged
nonperishable food of less than $15,000 for
the immediately previous license or fiscal year
and filing a statement with the commissioner $48
$16 $27
$65 $21
$43
(b) Having under $15,000 gross sales
including
food preparation or having $15,000 to $50,000
gross sales for the immediately previous license
or fiscal year
$65 $16
$27
$88 $29
$58
(c) Having $50,000 to $250,000 gross sales
for the immediately previous license or fiscal year $126 $37 $80
$170 $56
$112
(d) Having $250,000 to $1,000,000 gross sales
for the immediately previous license or fiscal year $216 $54 $107
$292 $96
$193
(e) Having $1,000,000 to $5,000,000 gross sales
for the immediately previous license or fiscal year $601 $107 $187
$812 $268
$536
(f) Having $5,000,000 to $10,000,000 gross sales
for the immediately previous license or fiscal year $842 $161 $321
$1,137 $375 $750
(g) Having over $10,000,000 gross sales for the
immediately previous license or fiscal year $962
$214 $375
$1,300 $429 $858
2. Wholesale food handler
(a) Having gross sales or service of less than
$25,000 for the immediately previous license
or fiscal year
$54 $16
$16
$73 $24
$48
(b) Having $25,000 to $250,000 gross sales or service
for the immediately previous license or fiscal year $241 $54 $107
$326 $108
$215
(c) Having $250,000 to $1,000,000 gross sales or
service from a mobile unit without a separate food
facility for the immediately previous license or
fiscal year
$361 $80
$161
$488 $161
$322
(d) Having $250,000 to $1,000,000 gross sales or
service not covered under paragraph (c) for the
immediately previous license or fiscal year $480 $107 $214
$648 $214 $428
(e) Having $1,000,000 to $5,000,000 gross sales or
service for the immediately previous license or
fiscal year $601 $134 $268
$812 $268
$536
(f) Having over $5,000,000 gross sales
for the immediately
previous license or fiscal year
$692 $161
$321
$935 $309
$617
3. Food broker
$120 $32
$54
$150 $50
$99
4. Wholesale food processor or manufacturer
(a) Having gross sales of less than $125,000 for the
immediately previous license or fiscal year $161
$54 $107
$217 $72
$143
(b) Having $125,000 to $250,000 gross sales for the
immediately previous license or fiscal year $332
$80 $161
$448 $148
$296
(c) Having $250,001 to $1,000,000 gross sales for the
immediately previous license or fiscal year $480
$107 $214
$648 $214
$428
(d) Having $1,000,001 to 5,000,000 gross sales for
the
immediately previous license or fiscal year $601
$134 $268
$812 $268
$536
(e) Having $5,000,001 to $10,000,000 gross sales for
the immediately previous license or fiscal year $692
$161 $321
$935 $309 $617
(f) Having over $10,000,000 gross sales for the
immediately previous license or fiscal year $963
$214 $375
$1,301 $429 $859
5. Wholesale food processor of meat or poultry products
under supervision of the U. S. Department of
Agriculture
(a) Having gross sales of less than $125,000 for the
immediately previous license or fiscal year $107
$27 $54
$145
$48 $96
(b) Having $125,000 to $250,000 gross sales for the
immediately previous license or fiscal year $181
$54 $80
$245 $81
$162
(c) Having $250,001 to $1,000,000 gross sales for the
immediately previous license or fiscal year $271
$80 $134
$366 $121
$242
(d) Having $1,000,001 to $5,000,000 gross sales
for the immediately previous license or fiscal year $332 $80 $161
$448 $148
$296
(e) Having $5,000,001 to $10,000,000 gross sales for
the immediately previous license or fiscal year $392
$107 $187
$530 $175
$350
(f) Having over $10,000,000 gross sales for the
immediately
previous license or fiscal year
$535 $161
$268
$723 $239
$477
6. Wholesale food processor or manufacturer operating only
at
the state fair
$125 $40 $50
7. Wholesale food manufacturer having the permission of the
commissioner to use the name Minnesota Farmstead
cheese $30 $10 $15
8. Nonresident frozen dairy manufacturer
$200 $50 $75
9. Wholesale food manufacturer processing less than 700,000
pounds per year of raw milk
$30 $10 $15
10. A milk marketing organization without facilities for
processing or manufacturing that purchases milk from
milk producers for delivery to a licensed wholesale
food
processor or manufacturer
$50 $15 $25
Sec. 35. Minnesota
Statutes 2002, section 28A.085, subdivision 1, is amended to read:
Subdivision 1.
[VIOLATIONS; PROHIBITED ACTS.] The commissioner may charge a
reinspection fee for each reinspection of a food handler that:
(1) is found with a major violation of requirements in chapter
28, 29, 30, 31, 31A, 32, 33, or 34, or rules adopted under one of those
chapters;
(2) is found with a violation of section 31.02, 31.161, or
31.165, and requires a follow-up inspection after an administrative meeting
held pursuant to section 31.14; or
(3) fails to correct equipment and facility deficiencies as
required in rules adopted under chapter 28, 29, 30, 31, 31A, 32, or 34. The first reinspection of a firm with gross
food sales under $1,000,000 must be assessed at $25 $75. The fee for a firm with gross food sales
over $1,000,000 is $50 $100.
The fee for a subsequent reinspection of a firm for the same violation
is 50 percent of their current license fee or $200, whichever is greater. The establishment must be issued written
notice of violations with a reasonable date for compliance listed on the
notice. An initial inspection relating
to a complaint is not a reinspection.
Sec. 36. Minnesota
Statutes 2002, section 28A.09, subdivision 1, is amended to read:
Subdivision 1. [ANNUAL
FEE; EXCEPTIONS.] Every coin-operated food vending machine is subject to an
annual state inspection fee of $15 $25 for each nonexempt machine
except nut vending machines which are subject to an annual state inspection fee
of $5 $10 for each machine, provided that:
(a) Food vending machines may be inspected by either a home
rule charter or statutory city, or a county, but not both, and if inspected by
a home rule charter or statutory city, or a county they shall not be subject to
the state inspection fee, but the home rule charter or statutory city, or the
county may impose an inspection or license fee of no more than the state
inspection fee. A home rule charter or
statutory city or county that does not inspect food vending machines shall not
impose a food vending machine inspection or license fee.
(b) Vending machines dispensing only gum balls, hard candy,
unsorted candy, or ice manufactured and packaged by another shall be exempt
from the state inspection fee, but may be inspected by the state. A home rule charter or statutory city may
impose by ordinance an inspection or license fee of no more than the state
inspection fee for nonexempt machines on the vending machines described in this
paragraph. A county may impose by
ordinance an inspection or license fee of no more than the state inspection fee
for nonexempt machines on the vending machines described in this paragraph
which are not located in a home rule charter or statutory city.
(c) Vending machines dispensing only bottled or canned soft
drinks are exempt from the state, home rule charter or statutory city, and
county inspection fees, but may be inspected by the commissioner or the
commissioner's designee.
Sec. 37. Minnesota
Statutes 2002, section 32.394, subdivision 8, is amended to read:
Subd. 8. [GRADE A INSPECTION
FEES.] A processor or marketing organization of milk, milk products, sheep
milk, or goat milk who wishes to market Grade A milk or use the Grade A label
must apply for Grade A inspection service from the commissioner. A pasteurization plant requesting Grade A
inspection service must hold a Grade A permit and pay an annual inspection fee
of no more than $500. For Grade A farm
inspection service, the fee must be no more than $50 per farm, paid annually by
the processor or by the marketing organization on behalf of its patrons. For a farm requiring a reinspection in
addition to the required biannual inspections, an additional fee of no more
than $25 $45 per reinspection must be paid by the processor or by
the marketing organization on behalf of its patrons. The Grade A farm inspection fee must not exceed the lesser of
(1) 40 percent of the department's actual average cost per farm inspection or
reinspection; or (2) the dollar limits set in this subdivision. No fee increase may be implemented until
after the commissioner has held three or more public hearings.
Sec. 38. Minnesota
Statutes 2002, section 32.394, subdivision 8b, is amended to read:
Subd. 8b.
[MANUFACTURING GRADE FARM CERTIFICATION.] A processor or marketing
organization of milk, milk products, sheep milk, or goat milk who wishes to
market other than Grade A milk must apply for a manufacturing grade farm
certification inspection from the commissioner. A manufacturing plant that pasteurizes milk or milk by-products
must pay an annual fee based on the number of pasteurization units. This fee must not exceed $140 per unit. The fee for farm certification inspection
must not be more than $25 per farm to be paid annually by the processor or by
the marketing organization on behalf of its patrons. For a farm requiring more than the one inspection for
certification, a reinspection fee of no more than $25 $45 must be
paid by the processor or by the marketing organization on behalf of its
patrons. The fee must be set by the
commissioner in an amount necessary to cover 40 percent of the department's
actual cost of providing the annual inspection but must not exceed the limits
in this subdivision. No fee increase
may be implemented until after the commissioner has held three or more public hearings.
Sec. 39. Minnesota
Statutes 2002, section 32.394, subdivision 8d, is amended to read:
Subd. 8d. [PROCESSOR
ASSESSMENT.] (a) A manufacturer shall pay to the commissioner a fee for fluid
milk processed and milk used in the manufacture of fluid milk products sold for
retail sale in Minnesota. Beginning
May 1, 1993, the fee is six cents per hundredweight. If the commissioner determines that a different fee, in an
amount not less than five cents and not more than nine cents per
hundredweight, when combined with general fund appropriations and fees
charged under sections 31.39 and 32.394, subdivision 8, is needed to provide
adequate funding for the Grades A and B inspection programs and the
administration and enforcement of Laws 1993, chapter 65, the commissioner may,
by rule, change the fee on processors within the range provided within this
subdivision as set by the commissioner's order except that
beginning July 1, 2003, the fee is set at seven cents per hundredweight
and thereafter no change within any 12-month period may be in excess of
one cent per hundredweight.
(b) Processors must report quantities of milk processed
under paragraph (a) on forms provided by the commissioner. Processor fees must
be paid monthly. The commissioner may
require the production of records as necessary to determine compliance with
this subdivision.
(c) The commissioner may create within the department a dairy
consulting program to provide assistance to dairy producers who are
experiencing problems meeting the sanitation and quality requirements of the
dairy laws and rules.
The commissioner may use money appropriated from the dairy
services account created in subdivision 9 to pay for the program authorized in
this paragraph.
Sec. 40. Minnesota
Statutes 2002, section 35.155, is amended to read:
35.155 [CERVIDAE IMPORT RESTRICTIONS.]
(a) A person must not import cervidae into the state
from a herd that is infected or exposed to chronic wasting disease or from a
known chronic wasting disease endemic area, as determined by the board. A person may import cervidae into the state
only from a herd that is not in a known chronic wasting disease endemic area,
as determined by the board, and the herd has been subject to a state or
provincial approved chronic wasting disease monitoring program for at least
three years. Cervidae imported in
violation of this section may be seized and destroyed by the commissioner of
natural resources.
(b) This section expires on June 1, 2003.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 41. Minnesota
Statutes 2002, section 41A.09, subdivision 1, is amended to read:
Subdivision 1.
[APPROPRIATION.] A sum sufficient to make the payments required by
this section $35,000,000 is annually appropriated from the general
fund to the commissioner of agriculture and all money so appropriated is
available until expended for purposes of developing ethanol production
in Minnesota.
Sec. 42. Minnesota
Statutes 2002, section 41A.09, subdivision 2a, is amended to read:
Subd. 2a.
[DEFINITIONS.] For the purposes of this section, the terms defined in
this subdivision have the meanings given them.
(a) "Ethanol" means fermentation ethyl alcohol
derived from agricultural products, including potatoes, cereal, grains,
cheese whey, and sugar beets; forest products; or other renewable resources,
including residue and waste generated from the production, processing, and
marketing of agricultural products, forest products, and other renewable
resources, that:
(1) meets all of the specifications in ASTM specification D
4806-88; and
(2) is denatured as specified in Code of Federal Regulations,
title 27, parts 20 and 21.
(b) "Wet alcohol" means agriculturally derived
fermentation ethyl alcohol having a purity of at least 50 percent but less than
99 percent.
(c) "Anhydrous alcohol" means fermentation
ethyl alcohol derived from agricultural products as described in paragraph (a),
but that does not meet ASTM specifications or is not denatured and is shipped
in bond for further processing.
(d) "Ethanol plant" means a plant at which
ethanol, anhydrous alcohol, or wet alcohol is produced.
(c) "Commissioner" means the commissioner of
agriculture.
Sec. 43. Minnesota
Statutes 2002, section 41A.09, subdivision 3a, is amended to read:
Subd. 3a. [ETHANOL
PRODUCER PAYMENTS.] (a) The commissioner of agriculture shall make
cash payments to producers of ethanol, anhydrous alcohol, and wet alcohol
located in the state. These payments
shall apply only to ethanol, anhydrous alcohol, and wet alcohol fermented in
the state and produced at plants that have begun production by June 30,
2000. For the purpose of this subdivision, an entity that holds a controlling
interest in more than one ethanol plant is considered a single producer. The amount of the payment for each
producer's annual production, is:
(1) except as provided in paragraph (b) (c),
is 20 cents per gallon for each gallon of ethanol or anhydrous
alcohol produced on or before June 30, 2000, or ten years after the start
of production, whichever is later, 19 cents per gallon; and
(2) for each gallon produced of wet alcohol on or before
June 30, 2000, or ten years after the start of production, whichever is later,
a payment in cents per gallon calculated by the formula "alcohol purity in
percent divided by five," and rounded to the nearest cent per gallon, but
not less than 11 cents per gallon.
The producer payments for anhydrous alcohol and wet alcohol
under this section may be paid to either the original producer of anhydrous
alcohol or wet alcohol or the secondary processor, at the option of the
original producer, but not to both.
The first claim for production after June 30, 2003, must be
accompanied by a disclosure statement on a form provided by the commissioner. The disclosure statement must include a
detailed description of the organization of the business structure of
the claimant listing the percentages of ownership by any person or other
entity with an ownership interest of five percent or greater, the
distribution of income received by the claimant, including operating
income and payments under this subdivision, and any other relevant
financial information requested by the commissioner. The disclosure statement must include information
sufficient to demonstrate that a majority of the ultimate beneficial
interest in the entity receiving payments under this section is owned by
farmers or spouses of farmers, as defined in section 500.24, residing in
Minnesota. Subsequent quarterly claims
must report changes in ownership.
Payments must not be made to a claimant that has less than a
majority of Minnesota farmer control; provided, however, a claimant
located in a city of the first class which qualifies for payments in all
other respects is not subject to this condition. Information provided under this
paragraph is nonpublic data under section 13.02, subdivision 9.
(b) No payments shall be made for ethanol
production that occurs after June 30, 2010.
Nonetheless, catch-up payments may be made either before or
after June 30, 2010, for production prior to June 30, 2010, if payments
in the earlier quarters were reduced because appropriated money was
insufficient to make timely payments in the amount provided in paragraph
(a) to all eligible producers.
To assure that each ethanol producer receives the full amount of
ethanol producer payments to which the producer is entitled by reason of
promises made by the state in return for equity investment in ethanol
production facilities, the commissioner shall calculate for each
producer a value to be known as the "obligated balance." The obligated balance represents the
total dollar value, as of July 1, 2003, that is or will be owed to each
Minnesota ethanol producer for ethanol produced by eligible capacity
during all eligible quarters at a payment rate of 20 cents per
gallon. The obligated balance is
a unique number for each producer and is reduced on a dollar-for-dollar
basis as payments are made to that producer. Ethanol producer payments from the state must continue
until the obligated balance for each producer is reduced to zero.
(b) (c) If the level of production at an
ethanol plant increases due to an increase in the production capacity of the
plant, the payment under paragraph (a), clause (1), applies to the
additional increment of production until ten years after the increased
production began. Once a plant's
production capacity reaches 15,000,000 gallons per year, no additional
increment will qualify for the payment.
(c) (d) The commissioner shall make payments to
producers of ethanol or wet alcohol in the amount of 1.5 cents for each
kilowatt hour of electricity generated using closed-loop biomass in a
cogeneration facility at an ethanol plant located in the state. Payments under this paragraph shall be made
only for electricity generated at cogeneration facilities that begin operation
by June 30, 2000. The payments apply to
electricity generated on or before the date ten years after the producer first
qualifies for payment under this paragraph.
Total payments under this paragraph in any fiscal year may not exceed
$750,000. For the purposes of this
paragraph:
(1) "closed-loop biomass" means any organic material
from a plant that is planted for the purpose of being used to generate
electricity or for multiple purposes that include being used to generate
electricity; and
(2) "cogeneration" means the combined generation of:
(i) electrical or mechanical power; and
(ii) steam or forms of useful energy, such as heat, that are
used for industrial, commercial, heating, or cooling purposes.
(d) (e) Payments under paragraphs (a) and (b)
(c) to all producers may not exceed $35,150,000 in a fiscal year. Total payments under paragraphs (a) and (b)
(c) to a producer in a fiscal year may not exceed $2,850,000 $3,000,000.
(e) (f) By the last day of October, January,
April, and July, each producer shall file a claim for payment for ethanol,
anhydrous alcohol, and wet alcohol production during the preceding three
calendar months. A producer with
more than one plant shall file a separate claim for each plant. A producer that files a claim under this
subdivision shall include a statement of the producer's total ethanol,
anhydrous alcohol, and wet alcohol production in Minnesota during the
quarter covered by the claim, including anhydrous alcohol and wet alcohol
produced or received from an outside source.
A producer shall file a separate claim for any amount claimed under
paragraph (c) (d). For
each claim and statement of total ethanol, anhydrous alcohol, and wet
alcohol production filed under this subdivision, the volume of ethanol,
anhydrous alcohol, and wet alcohol production or amounts of electricity
generated using closed-loop biomass must be examined by an independent certified
public accountant in accordance with standards established by the American
Institute of Certified Public Accountants.
(f) (g) Payments shall be made November 15,
February 15, May 15, and August 15. A
separate payment shall be made for each claim filed. Except as provided in paragraph (j), the total quarterly payment
to a producer under this paragraph, excluding amounts paid under paragraph (c)
(d), may not exceed $750,000.
(g) If the total amount for which all producers are eligible
in a quarter under paragraph (c) exceeds the amount available for payments, the
commissioner shall make payments in the order in which the plants covered by
the claims began generating electricity using closed-loop biomass.
(h) After July 1, 1997, new production capacity is only
eligible for payment under this subdivision if the commissioner receives:
(1) an application for approval of the new production capacity;
(2) an appropriate letter of long-term financial commitment for
construction of the new production capacity; and
(3) copies of all necessary permits for construction of the new
production capacity.
The commissioner may approve new
production capacity based on the order in which the applications are received.
(i) The commissioner may not approve any new production
capacity after July 1, 1998, except that a producer with an approved production
capacity of at least 12,000,000 gallons per year but less than 15,000,000
gallons per year prior to July 1, 1998, is approved for 15,000,000 gallons of production
capacity.
(j) Notwithstanding the quarterly payment limits of paragraph (f)
(g), the commissioner shall make an additional payment in the eighth
quarter of each fiscal biennium to ethanol producers for the lesser of: (1) 19 20 cents per gallon of
production in the eighth quarter of the biennium that is greater than 3,750,000
gallons; or (2) the total amount of payments lost during the first seven
quarters of the biennium due to plant outages, repair, or major maintenance. Total payments to an ethanol producer in a
fiscal biennium, including any payment under this paragraph, must not exceed
the total amount the producer is eligible to receive based on the producer's
approved production capacity. The provisions
of this paragraph apply only to production losses that occur in quarters
beginning after December 31, 1999.
(k) For the purposes of this subdivision "new production
capacity" means annual ethanol production capacity that was not allowed
under a permit issued by the pollution control agency prior to July 1, 1997, or
for which construction did not begin prior to July 1, 1997.
Sec. 44. Minnesota
Statutes 2002, section 41A.09, is amended by adding a subdivision to read:
Subd. 3b.
[LIMITATION ON ELIGIBILITY FOR PAYMENTS.] A producer of
ethanol is eligible for ethanol producer payments under subdivision 3a
only while the producer is in compliance with the shareholder rights
provisions of subdivision 3c.
Sec. 45. Minnesota
Statutes 2002, section 41A.09, is amended by adding a subdivision to read:
Subd. 3c.
[BUSINESS ASSOCIATIONS PRODUCING ETHANOL; SHAREHOLDER RIGHTS.] (a) A
business association organized under chapter 302A, 308A, or 322B that
receives 25 percent or more of its gross revenues from the sale of
fuel-grade ethanol must comply with this subdivision in addition to
other applicable state and federal laws.
(b) The provisions of the chapter of Minnesota Statutes under
which the business organization is established and any amendments or
successor requirements to that chapter apply to every business
association identified in paragraph (a).
The rights granted in this subdivision also apply to the spouse
of the shareholder. In addition
to other requirements of law, a business association must maintain
records of all proceedings of meetings of shareholders and directors
during the previous three-year period, including the vote of each
director on roll call votes.
Roll call votes are required on actions that directly establish
marketing agreements, operational contracts, and shareholder dividend
payments. Roll call voting is also required
on any matter upon the request of one or more directors. Every duly elected director of a business
association identified in paragraph (a) has the right to inspect, in
person and at any reasonable time, the business records required by this
paragraph.
(c) Meetings of the board of directors must be open to the
shareholders of the business and the shareholders' spouses. Shareholders
must be given notice of all scheduled meetings except those of an
emergency nature. Portions of meetings
relating to labor negotiations, current litigation, and personnel
matters are excluded from the provisions of this paragraph.
(d) Notwithstanding the provisions of other law, upon receipt
of a written petition concerning governance matters signed by at least
50 shareholders or five percent of the shareholders, whichever is less,
of a business association, the matter in the petition must be presented
to the shareholders for a vote at the next annual or special meeting. A shareholder wishing to have a
matter heard at an annual or special meeting must submit the petition to
the business association not less than 60 days prior to the scheduled
annual meeting or special meeting.
For purposes of this subdivision, "governance matters" means
matters properly contained in the articles of incorporation or bylaws by
adopting, amending, or repealing bylaws or the articles of
incorporation.
(e) If the directors of a business association provide information
to shareholders to influence their votes on a matter to be decided by a
vote of the shareholders under a successful petition submitted under
paragraph (d), the directors must provide the organizers of the petition
or person presenting the petition equal time and opportunity to include
their position on the matter to the shareholders in a substantially
similar mode and range of distribution.
The organizers of the petition must pay the costs of inclusion of
their position.
(f) A business association subject to this subdivision must
include in its bylaws a provision allowing each duly elected board
member access to each current ethanol marketing contract or operating
contract entered into by the business association and transactions
conducted under the marketing contract. Further, the bylaws must provide
that each current ethanol marketing or operating contract, and all
ethanol marketing and operating contracts in effect during the previous
two years, and transactions conducted under the marketing contracts, be
made available for examination by the commissioner of agriculture or
the commissioner's designated representative. Marketing and operating information examined by the
commissioner or the commissioner's designated representative is
nonpublic data under section 13.02, subdivision 9.
(g) A business association subject to this subdivision that
is organized after the effective date of this section must include
the provisions of this section in its bylaws or articles of
incorporation. A business association
in existence prior to the effective date of this subdivision must adopt
amendments to its bylaws or articles of incorporation in compliance with
these provisions not later than 12 months after the effective date.
Sec. 46. Minnesota
Statutes 2002, section 116.07, subdivision 7a, is amended to read:
Subd. 7a. [NOTICE OF
APPLICATION FOR LIVESTOCK FEEDLOT PERMIT.] (a) A person who applies to
the pollution control agency or a county board for a permit to construct or
expand a feedlot with a capacity of 500 animal units or more shall, not later
less than ten business days after the application is submitted before
the date on which a permit is issued, provide notice to each resident and
each owner of real property within 5,000 feet of the perimeter of the proposed
feedlot. The notice may be delivered by
first class mail, in person, or by the publication in a newspaper of general
circulation within the affected area and must include information on the type
of livestock and the proposed capacity of the feedlot. Notification under this
subdivision is satisfied under an equal or greater notification requirement of
a county conditional use permit.
(b) The agency or a county board must verify that notice
was provided as required under paragraph (a) prior to issuing a permit.
Sec. 47. Minnesota
Statutes 2002, section 116D.04, subdivision 2a, is amended to read:
Subd. 2a. Where there
is potential for significant environmental effects resulting from any major
governmental action, the action shall be preceded by a detailed environmental
impact statement prepared by the responsible governmental unit. The
environmental impact statement shall be an analytical rather than an
encyclopedic document which describes the proposed action in detail, analyzes
its significant environmental impacts, discusses appropriate alternatives to
the proposed action and their impacts, and explores methods by which adverse
environmental impacts of an action could be mitigated. The environmental impact statement shall
also analyze those economic, employment and sociological effects that cannot be
avoided should the action be implemented.
To ensure its use in the decision making process, the environmental
impact statement shall be prepared as early as practical in the formulation of
an action.
(a) The board shall by rule establish
categories of actions for which environmental impact statements and for which
environmental assessment worksheets shall be prepared as well as categories of
actions for which no environmental review is required under this section.
(b) The responsible governmental unit shall promptly publish
notice of the completion of an environmental assessment worksheet in a manner
to be determined by the board and shall provide copies of the environmental
assessment worksheet to the board and its member agencies. Comments on the need for an environmental
impact statement may be submitted to the responsible governmental unit during a
30 day period following publication of the notice that an environmental
assessment worksheet has been completed.
The responsible governmental unit's decision on the need for an
environmental impact statement shall be based on the environmental assessment
worksheet and the comments received during the comment period, and shall be
made within 15 days after the close of the comment period. The board's chair may extend the 15 day
period by not more than 15 additional days upon the request of the responsible
governmental unit.
(c) An environmental assessment worksheet shall also be
prepared for a proposed action whenever material evidence accompanying a
petition by not less than 25 individuals, submitted before the proposed project
has received final approval by the appropriate governmental units, demonstrates
that, because of the nature or location of a proposed action, there may be
potential for significant environmental effects. Petitions requesting the
preparation of an environmental assessment worksheet shall be submitted to the
board. The chair of the board shall
determine the appropriate responsible governmental unit and forward the
petition to it. A decision on the need
for an environmental assessment worksheet shall be made by the responsible
governmental unit within 15 days after the petition is received by the
responsible governmental unit. The
board's chair may extend the 15 day period by not more than 15 additional days
upon request of the responsible governmental unit. Except in an environmentally sensitive location where Minnesota
Rules, part 4410.4300, subpart 29, item B, applies, the proposed action
is exempt from Minnesota Rules, parts 4410.0200 to 4410.6500, if:
(1) it is:
(i) an animal feedlot facility with a capacity of less than
1,000 animal units; or
(ii) an expansion of an existing animal feedlot facility by
less than 1,000 animal units; and
(2) the application for the animal feedlot facility includes
a written commitment by the proposer to design, construct, and operate
the facility in full compliance with Minnesota Rules, chapter 7020.
(d) The board may, prior to final approval of a proposed
project, require preparation of an environmental assessment worksheet by a
responsible governmental unit selected by the board for any action where
environmental review under this section has not been specifically provided for
by rule or otherwise initiated.
(e) An early and open process shall be utilized to limit the
scope of the environmental impact statement to a discussion of those impacts,
which, because of the nature or location of the project, have the potential for
significant environmental effects. The
same process shall be utilized to determine the form, content and level of
detail of the statement as well as the alternatives which are appropriate for
consideration in the statement. In
addition, the permits which will be required for the proposed action shall be
identified during the scoping process.
Further, the process shall identify those permits for which information
will be developed concurrently with the environmental impact statement. The board shall provide in its rules for the
expeditious completion of the scoping process. The determinations reached in
the process shall be incorporated into the order requiring the preparation of
an environmental impact statement.
(f) Whenever practical, information needed
by a governmental unit for making final decisions on permits or other actions
required for a proposed project shall be developed in conjunction with the
preparation of an environmental impact statement.
(g) An environmental impact statement shall be prepared and its
adequacy determined within 280 days after notice of its preparation unless the
time is extended by consent of the parties or by the governor for good
cause. The responsible governmental
unit shall determine the adequacy of an environmental impact statement, unless
within 60 days after notice is published that an environmental impact statement
will be prepared, the board chooses to determine the adequacy of an
environmental impact statement. If an
environmental impact statement is found to be inadequate, the responsible
governmental unit shall have 60 days to prepare an adequate environmental
impact statement.
Sec. 48. Minnesota
Statutes 2002, section 116D.04, subdivision 10, is amended to read:
Subd. 10. Decisions on
the need for an environmental assessment worksheet, the need for an
environmental impact statement and the adequacy of an environmental impact
statement may be reviewed by a declaratory judgment action in the district
court of the county wherein the proposed action, or any part thereof, would
be undertaken appeals brought by any person aggrieved by the
decision. Judicial review under
this section shall be initiated within 30 days after the governmental unit
makes the decision, and a bond may be required under section 562.02 unless at
the time of hearing on the application for the bond the plaintiff has shown
that the claim has sufficient possibility of success on the merits to sustain
the burden required for the issuance of a temporary restraining order. Nothing
in this section shall be construed to alter the requirements for a temporary
restraining order or a preliminary injunction pursuant to the Minnesota rules
of civil procedure for district courts.
The board may initiate judicial review of decisions referred to herein
and may intervene as of right in any proceeding brought under this subdivision.
Sec. 49. Minnesota
Statutes 2002, section 116D.04, subdivision 11, is amended to read:
Subd. 11. If the board
or governmental unit which is required to act within a time period specified in
this section fails to so act, any person may seek an order of the district
court relief through the court of appeals requiring the board or
governmental unit to immediately take the action mandated by subdivisions 2a
and 3a. The court of appeals shall
make a decision based on the information and record supplied by the responsible
governmental unit.
Sec. 50. Minnesota
Statutes 2002, section 116D.04, subdivision 13, is amended to read:
Subd. 13. This section
may be enforced by injunction, action to compel performance, or other
appropriate action in the district court of the county where the violation
takes place court of appeals.
The court of appeals shall have full jurisdiction to hear and
determine the matter appealed. The proceeding
may be governed by the Rules of Civil Appellate Procedure. Upon the request of the board or the chair
of the board, the attorney general may bring an action under this subdivision.
Sec. 51. Minnesota
Statutes 2002, section 116O.09, subdivision 1, is amended to read:
Subdivision 1.
[ESTABLISHMENT.] The agricultural utilization research institute innovation
center is established as a nonprofit corporation under section 501(c)(3)
of the Internal Revenue Code of 1986, as amended. The agricultural utilization research institute shall within
the department of agriculture to promote the establishment of new
products and product uses and the expansion of existing markets for the state's
agricultural commodities and products, including direct financial and
technical assistance for Minnesota entrepreneurs. The institute must be
located near an existing agricultural research facility in the agricultural
region of the state commissioner must establish or maintain facilities
for the center with priority to continued use of facilities at Crookston
and Marshall. The center shall work
with private and public entities to leverage the resources available to
achieve maximum results for Minnesota agriculture.
Sec. 52. Minnesota
Statutes 2002, section 116O.09, subdivision 1a, is amended to read:
Subd. 1a. [BOARD OF
DIRECTORS.] The board of directors of the agricultural utilization research
institute innovation center is comprised of:
(1) the chairs of the senate and the house of representatives standing
committees with jurisdiction over agriculture policy finance or the
chair's designee;
(2) the commissioner or the commissioner's designee;
(3) the dean of the college of agriculture of the University
of Minnesota or the dean's representative;
(2) (4) two representatives of statewide farm
organizations appointed by the commissioner;
(3) (5) two representatives of agribusiness,
one of whom is a member of the Minnesota Technology, Inc. board representing
agribusiness appointed by the commissioner; and
(4) (6) three representatives of the commodity
promotion councils appointed by the commissioner.
A member of the board of directors under clauses (1) to
(4) to (6), including a member serving on July 1, 2003, may designate
a permanent or temporary replacement member representing the same constituency
serve for a maximum of two three-year terms. The board's compensation is governed by section
15.0575, subdivision 3.
Sec. 53. Minnesota
Statutes 2002, section 116O.09, subdivision 2, is amended to read:
Subd. 2. [DUTIES.] (a)
In addition to the duties and powers assigned to the institutes in section
116O.08, the agricultural utilization research institute innovation
center shall:
(1) identify the various market segments characterized by
Minnesota's agricultural industry, address each segment's individual needs, and
identify development opportunities in each segment for
agricultural products;
(2) develop and implement a utilization program for
each segment that addresses its development needs and identifies
techniques to meet those needs opportunities;
(3) monitor and coordinate research among the public and
private organizations and individuals specifically addressing procedures to
transfer new technology to businesses, farmers, and individuals;
(4) provide research grants to public and private educational
institutions and other organizations that are undertaking basic and applied
research that would to promote the development of the various
emerging agricultural industries; and
(5) provide financial assistance including, but not limited
to: (i) direct loans, guarantees,
interest subsidy payments, and equity investments; and (ii) participation in
loan participations. The board of
directors shall establish the terms and conditions of the financial assistance.
assist organizations and individuals with market analysis and product
marketing implementations;
(6) to the extent possible earn and receive revenue from
contracts, patents, licenses, royalties, grants, fees-for-service,
and memberships;
(7) work with other divisions within the department of
agriculture, the United States Department of Agriculture, the department
of trade and economic development, and other agencies to maximize
marketing opportunities locally, nationally, and internationally; and
(8) leverage available funds from federal, state, and private
sources to develop new markets and value added opportunities for
Minnesota agricultural products.
(b) The agricultural utilization research institute commissioner
shall recommend to the board of directors shall have the sole approval
authority for establishing agricultural utilization research priorities,
requests for proposals to meet those priorities, awarding of grants, hiring and
direction of personnel, and other expenditures of funds consistent with the
adopted and approved mission and goals of the agricultural utilization
research institute innovation center. The actions and expenditures of the
agricultural utilization research institute are subject to audit and regular
annual report to the legislature in general and specifically the house of
representatives agriculture committee, the senate agriculture and rural
development committee, the house of representatives environment and natural
resources finance committee, and the senate environment and agriculture budget
division. The center shall
annually report by February 1 to the senate and house of representative
standing committees with jurisdiction over agricultural policy and
funding. The report must list
projects initiated, progress on projects, and financial information
relating to expenditures, income from other sources, and other
information to allow the chairs to evaluate the effectiveness of the
center's activities.
Sec. 54. Minnesota
Statutes 2002, section 116O.09, subdivision 3, is amended to read:
Subd. 3. [STAFF.] The commissioner,
at the direction of the board of directors, shall hire
provide staff for the agricultural utilization research
institute. Persons employed by the
agricultural utilization research institute are not state employees and may
participate in state retirement, deferred compensation, insurance, or other
plans that apply to state employees generally and are subject to regulation by
the state campaign finance and public disclosure board and
administrative support for the center as needed within the resources
available. The staff shall include a
division director for the center.
Sec. 55. Minnesota
Statutes 2002, section 116O.09, subdivision 9, is amended to read:
Subd. 9. [MEETINGS.]
The board of directors shall meet at least twice each year and may hold
additional meetings upon giving notice in accordance with the bylaws of the
institute chapter 13D. Board
meetings are subject to chapter 13D, except section 13D.01, subdivision 1b
6, paragraph (a), as it pertains to financial information, business
plans, income and expense projections, customer lists, market and feasibility
studies, and trade secret information as defined by section 13.37, subdivision
1, paragraph (b). This information is nonpublic data under chapter
13.
Sec. 56. Minnesota
Statutes 2002, section 116O.09, subdivision 12, is amended to read:
Subd. 12. [FUNDS.] The institute
center may accept and use gifts, grants, or contributions from any
source. Unless otherwise restricted by
the terms of a gift or bequest, the board center may sell,
exchange, or otherwise dispose of and invest or reinvest the money, securities,
or other property given or bequested to it.
The principal of these funds, the income from them, and all other
revenues received by it from any nonstate source must be placed in the
depositories the board determines deposited in the state treasury and
credited to the agricultural innovation center account and is
subject to expenditure for the board's center's purposes. Expenditures of more than $25,000 must be
approved by the full board.
Sec. 57. Minnesota
Statutes 2002, section 116O.09, is amended by adding a subdivision to read:
Subd. 12a.
[AGRICULTURAL INNOVATION CENTER ACCOUNT.] An agricultural
innovation center account is established in the agricultural fund in the
state treasury. All gifts, grants, or
contributions from any source received by the department of agriculture
for agricultural innovation shall be deposited in the state treasury and
credited to the agricultural innovation center account. Unless otherwise restricted by the terms of
the gift or bequest, the department of agriculture may sell, exchange,
or otherwise dispose of any gift or bequest.
The proceeds from the sale or disposal shall be deposited in the
agriculture innovation center account.
All negotiable assets transferred from the agricultural innovation
center under subdivision 14 shall be deposited into the agricultural
innovation account.
Money in the account, including interest earned, is appropriated
to the commissioner for the administration of this section.
Sec. 58. Minnesota
Statutes 2002, section 116O.09, subdivision 13, is amended to read:
Subd. 13. [ACCOUNTS;
AUDITS DEFINITIONS.] The institute may establish funds and
accounts that it finds convenient. The
board shall provide for and pay the cost of an independent annual audit of its
official books and records by the legislative auditor subject to sections 3.971
and 3.972. A copy of this audit shall
be filed with the secretary of state.
For purposes of this section, "institute" "center"
means the agricultural utilization research institute innovation center
established under this section and "board of directors" means the board
of directors of the agricultural utilization research institute innovation
center and "commissioner" means the commissioner of
agriculture.
Sec. 59. Minnesota
Statutes 2002, section 116O.09, is amended by adding a subdivision to read:
Subd. 14.
[TRANSFER.] The commissioner of administration, in
consultation with the commissioner of agriculture, shall take measures
necessary to transfer the functions, assets, and liabilities from the
corporation established under this section to the department of
agriculture. During the transition
period the commissioner of agriculture must be fully informed of all
expenditures of the corporation.
There is no obligation for the commissioner to pay state funds
for projects or operations of the agricultural utilization research
institute beyond October 1, 2003, unless approved by the board and the
commissioner.
Sec. 60. [REVISOR'S
INSTRUCTION.]
The revisor shall change the term "agricultural
utilization research institute" to "agricultural innovation
center" in Minnesota Statutes and change "institute" to
"center" in Minnesota Statutes, section 116O.09. The revisor shall recodify Minnesota
Statutes, section 116O.09 into Minnesota Statutes, chapter 17.
Sec. 61. [REPEALER.]
Minnesota Statutes 2002, sections 17.110; 18.51; 18.52; 18.53;
18.54; 18.79, subdivisions 1, 7, and 11; 18.85; 41A.09, subdivisions 1a,
5a, 6, 7, and 8, are repealed.
Sec. 62. [REPEALER;
MINNESOTA RULES.]
Minnesota Rules, part 1510.0281, is repealed.
Sec. 63. [EFFECTIVE
DATE.]
Except as otherwise provided, this act is effective July 1,
2003."
Delete the title and insert:
"A bill for an act relating to state government;
appropriating money for agricultural and rural development purposes;
establishing and modifying certain programs; providing for regulation of
certain activities and practices; providing for accounts, assessments, and
fees; amending Minnesota Statutes 2002, sections 17.451; 17.452, subdivisions
8, 10, 11, 12, 13, by adding subdivisions; 18.525; 18.78; 18.79, subdivisions
2, 3, 5, 6, 9, 10; 18.81, subdivisions 2, 3; 18.84, subdivision 3; 18.86;
18B.26, subdivision 3; 21.89, subdivision 2; 21.90, subdivision 2; 21.901;
28A.08, subdivision 3; 28A.085, subdivision 1; 28A.09, subdivision 1; 32.394,
subdivisions 8, 8b, 8d; 35.155; 41A.09, subdivisions 1, 2a, 3a, by adding
subdivisions; 116.07, subdivision 7a; 116D.04, subdivisions 2a, 10, 11, 13;
116O.09, subdivisions 1, 1a, 2, 3, 9, 12, 13, by adding subdivisions; proposing
coding for new law in Minnesota Statutes, chapters 18; 21; repealing Minnesota
Statutes 2002, sections 17.110; 18.51; 18.52; 18.53; 18.54; 18.79, subdivisions
1, 7, 11; 18.85; 41A.09, subdivisions 1a, 5a, 6, 7, 8; Minnesota Rules, part
1510.0281."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Ways and Means.
The report was adopted.
Ozment from the Committee on Environment and Natural Resources
Finance to which was referred:
H. F. No. 779, A bill for an act relating to state government;
appropriating money for environmental and natural resources purposes;
establishing and modifying certain programs; providing for regulation of
certain activities and practices; providing for accounts, assessments, and
fees; amending Minnesota Statutes 2002, sections 16A.531, subdivision 1, by
adding a subdivision; 84.085, subdivision 1; 84.415, subdivisions 4, 5, by
adding subdivisions; 84D.14; 85.052, subdivision 3; 85.053, subdivision 1;
85A.02, subdivision 17; 86B.415, subdivision 7; 97A.475, subdivisions 15, 26,
27, 28, 29, 30, 38, 39, 40, 42; 97B.645, subdivision 7; 103B.231, subdivision
3a; 103B.305, subdivision 3, by adding subdivisions; 103B.311, subdivisions 1,
2, 3, 4; 103B.315, subdivisions 4, 5, 6; 103B.321, subdivisions 1, 2; 103B.325,
subdivisions 1, 2; 103B.331, subdivisions 1, 2, 3; 103B.3363, subdivision 3;
103B.3369, subdivisions 2, 4, 5, 6; 103B.355; 103D.405, subdivision 2;
103G.005, subdivision 10e; 103G.222, subdivision 1; 103G.2242, by adding
subdivisions; 103G.271, subdivisions 6, 6a; 103G.611, subdivision 1; 103G.615,
subdivision 2; 115.03, by adding subdivisions; 115.073; 115.56, subdivision 4;
115A.0716, subdivision 3; 115A.545, subdivision 2; 115A.9651, subdivision 6;
115B.17, subdivisions 6, 7, 14, 16; 115B.19; 115B.20; 115B.22, subdivision 7;
115B.25, subdivisions 1a, 4; 115B.26; 115B.30; 115B.31, subdivisions 1, 3, 4;
115B.32, subdivision 1; 115B.33, subdivision 1; 115B.34; 115B.36; 115B.40,
subdivision 4; 115B.41, subdivisions 1, 2, 3; 115B.42, subdivision 2; 115B.421;
115B.445; 115B.48, subdivision 2; 115B.49, subdivisions 1, 3, 4; 115D.12,
subdivision 2; 116.03, subdivision 2; 116.07, subdivisions 4d, 4h; 116.994;
116C.834, subdivision 1; 116P.02, subdivision 1; 116P.05, subdivision 2;
116P.09, subdivisions 4, 5, 7; 116P.10; 116P.14, subdivision 2; 273.13,
subdivision 23; 297A.94; 297F.10, subdivision 1; 297H.13, subdivisions 1, 2;
325E.10, subdivision 1; 469.175, subdivision 7; 473.843, subdivision 2;
473.844, subdivision 1; 473.845, subdivisions 1, 3, 7, 8; 473.846; proposing
coding for new law in Minnesota Statutes, chapters 103B; 116; repealing
Minnesota Statutes 2002, sections 1.31; 1.32; 84.415, subdivisions 1, 3;
89.391; 93.2235; 103B.311, subdivisions 5, 6, 7; 103B.315, subdivisions 1, 2,
3, 7; 103B.321, subdivision 3; 103B.3369, subdivision 3; 103G.222, subdivision
2; 115A.908, subdivision 2; 115B.02, subdivision 1a; 115B.19; 115B.42,
subdivision 1; 116P.13; 297H.13, subdivisions 3, 4; 325E.112, subdivisions 2,
3; 325E.113; 473.845, subdivision
4; Minnesota Rules, parts 6135.0100; 6135.0200; 6135.0300; 6135.0400;
6135.0510; 6135.0610; 6135.0710; 6135.0810; 6135.1000; 6135.1100; 6135.1200;
6135.1300; 6135.1400; 6135.1500; 6135.1600; 6135.1700; 6135.1800; 9300.0010;
9300.0020; 9300.0030; 9300.0040; 9300.0050; 9300.0060; 9300.0070; 9300.0080;
9300.0090; 9300.0100; 9300.0110; 9300.0120; 9300.0130; 9300.0140; 9300.0150;
9300.0160; 9300.0170; 9300.0180; 9300.0190; 9300.0200; 9300.0210.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE
1
GENERAL
Section 1. [ENVIRONMENT
AND NATURAL RESOURCES.]
The sums shown in the columns marked "APPROPRIATIONS"
are appropriated from the general fund, or another named fund, to the agencies
and for the purposes specified in this act, to be available for the fiscal
years indicated for each purpose. The
figures "2003," "2004," and "2005," where used in
this act, mean that the appropriation or appropriations listed under them are
available for the year ending June 30, 2003, June 30, 2004, or June 30, 2005,
respectively. The term "the first
year" means the year ending June 30, 2004, and the term "the second
year" means the year ending June 30, 2005.
SUMMARY
BY FUND
2003
2004 2005 TOTAL
General
$135,894,000 $135,121,000 $271,015,000
State Government Special
Revenue
48,000 48,000 96,000
Environmental
42,776,000 42,822,000 85,598,000
Natural Resources
50,536,000 48,596,000 99,132,000
Game and Fish
82,350,000 82,292,000 164,642,000
Remediation
11,504,000 11,504,000 23,008,000
Land and Water Conservation
Account
2,000,000
-0-
2,000,000
Great Lakes Protection
Account
56,000
-0-
56,000
Environment and Natural
Resources Trust Fund
15,050,000 15,050,000 30,100,000
Oil Overcharge
519,000
-0-
519,000
TOTAL
$340,733,000
$335,433,000 $676,166,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Sec. 2. POLLUTION
CONTROL AGENCY
Subdivision 1. Total
Appropriation
$52,463,000 $52,463,000
Summary by Fund
General 10,229,000 10,183,000
State Government
Special Revenue
48,000
48,000
Environmental 30,782,000 30,828,000
Remediation 11,404,000 11,404,000
The amounts that may be spent from this
appropriation for each program are specified in the following subdivisions.
Subd. 2. Water
18,976,000 18,976,000
Summary by Fund
General 7,254,000 7,222,000
State Government
Special Revenue
48,000
48,000
Environmental 11,674,000 11,706,000
$2,348,000 the first year and $2,348,000 the second
year are for the clean water partnership program. Any balance remaining in the first year does not cancel and is
available for the second year of the biennium.
$2,324,000 the first year
and $2,324,000 the second year are for grants for county administration of the
feedlot permit program. These amounts
are transferred to the board of water and soil resources for disbursement in
accordance with Minnesota Statutes, section 103B.3369, in cooperation with the
pollution control agency. Grants must
be matched with a combination of local cash and/or in-kind contributions.
Counties receiving these grants shall submit an annual report to the pollution
control agency regarding activities conducted under the grant, expenditures
made, and local match contributions. Funding shall be given to counties that have
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
requested and received delegation from the
pollution control agency for processing of animal feedlot permit applications
under Minnesota Statutes, section 116.07, subdivision 7. The first year, delegated counties shall be
eligible to receive an amount of either:
(1) $50 multiplied by the number of feedlots with greater than ten
animal units as reported by the county in their annual report for registration
data developed in accordance with Minnesota Rules, part 7020.0350 or Minnesota
Statutes, section 116.072; or (2) $80 multiplied by the number of feedlots with
greater than ten animal units as reported by the county in their annual report
and determined by a level 2 or level 3 feedlot inventory conducted in
accordance with the Feedlot Inventory Guidebook published by the board of water
and soil resources, dated June 1991.
The second year, delegated counties shall be eligible to receive an
amount of either: (1) $50 multiplied by
the number of feedlots with greater than ten animal units as reported to the
agency under the terms of aggregate reporting as defined in Minnesota Statutes,
section 116.0712; or (2) $80 multiplied by the number of feedlots with greater
than ten animal units based on the agency's statewide database for registration
in accordance with Minnesota Rules, part 7020.0350. By June 30, 2004, the
agency in consultation with delegated counties, shall develop a new funding
formula incorporating the following criteria at a minimum: (i) fee multiplier per feedlot as defined by
the state registration program (greater than 50 animal units in nonshoreland
areas and ten to 50 animal units in shoreland areas), (ii) use of the state
database for determination of feedlots in item (i), and (iii) incentive-based
payments for counties exceeding minimum program requirements based on program
priorities. To be eligible for a grant,
a county must be delegated by December 31 of the year prior to the year in
which awards are distributed. At a
minimum, delegated counties are eligible to receive a grant of $7,500 per year. To receive the award, the county must
receive approval by the pollution control agency of the county feedlot work
plan and annual county feedlot officer report.
Feedlots that have been inactive for five or more years may not be
counted in determining the amount of the grant.
Any money remaining after the first year is
available for the second year and is available for distribution to all counties
on a competitive basis through the challenge grant process for the development
of delegated county feedlot programs or to enhance existing delegated county
feedlot programs, information and education, or technical assistance efforts to
reduce feedlot-related pollution hazards.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
$335,000 the first year and $335,000 the
second year are for community technical assistance and education, including
grants and technical assistance to communities for local and basinwide water
quality protection.
$205,000 the first year and $205,000 the
second year are for individual sewage treatment system (ISTS)
administration. Of this amount, $86,000
in each year is transferred to the board of water and soil resources for
assistance to local units of government through competitive grant programs for
ISTS program development.
$200,000 the first year and $200,000 the
second year are for individual sewage treatment system grants. Any unexpended balance in the first year
does not cancel, but is available in the second year.
By February 1, 2004, the commissioner shall
report to the environment and natural resources finance committees of the house
and senate on the status of discussions with stakeholders on strategies to
implement the impaired waters program and any specific recommendations on
funding options to address the needs documents in the agency's report to the
legislature, "Minnesota's Impaired Waters," dated March 2003.
Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered under contract on or before June 30,
2005, for clean water partnership, ISTS, Minnesota River, and Total Maximum
Daily Load grants in this subdivision are available until June 30, 2007.
Subd. 3. Air
8,645,000 8,640,000
Summary by Fund
Environmental 8,645,000 8,640,000
Up to $150,000 the first year and $150,000
the second year may be transferred to the environmental fund for the small
business environmental improvement loan program established in Minnesota
Statutes, section 116.993.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
$200,000 the first year and $200,000 the
second year are from the environmental fund for a monitoring program under
Minnesota Statutes, section 116.454.
Subd. 4. Land
18,454,000 18,454,000
Summary by Fund
Environmental 7,050,000 7,050,000
Remediation 11,404,000 11,404,000
All money for environmental response,
compensation, and compliance in the remediation fund not otherwise appropriated
is appropriated to the commissioners of the pollution control agency and the
department of agriculture for purposes of Minnesota Statutes, section 115B.20,
subdivision 2, clauses (1), (2), (3), (6), and (7). At the beginning of each fiscal year, the two commissioners shall
jointly submit an annual spending plan to the commissioner of finance that
maximizes the utilization of resources and appropriately allocates the money
between the two agencies. This
appropriation is available until June 30, 2005.
$574,000 the first year and $574,000 the
second year are from the petroleum tank fund to be transferred to the
remediation fund for purposes of the leaking underground storage tank program
to protect the land.
$200,000 the first year and $200,000 the
second year are from the remediation fund to be transferred to the department
of health for private water supply monitoring and health assessment costs in
areas contaminated by unpermitted mixed municipal solid waste disposal
facilities.
$685,000 the first year and $685,000 the
second year are from the environmental fund balance to reimburse the general
fund for past sales of bonds used to support the closed landfill program
through June 30, 2007.
Subd. 5. Multimedia
4,301,000 4,306,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Summary by Fund
General 2,265,000 2,265,000
Environmental 2,036,000 2,041,000
Subd. 6. Administrative
Support
2,087,000 2,087,000
Summary by Fund
General 710,000 696,000
Environmental 1,377,000 1,391,000
Sec. 3. OFFICE OF
ENVIRONMENTAL ASSISTANCE
24,754,000 24,754,000
Summary by Fund
General 12,760,000 12,760,000
Environmental 11,994,000 11,994,000
$12,500,000 each year is for SCORE block
grants to counties. Of that amount,
$8,060,000 is from the general fund and $4,440,000 is from the environmental
fund.
Any unencumbered grant and loan balances in
the first year do not cancel but are available for grants and loans in the
second year.
All money deposited in the environmental fund
for the metropolitan solid waste landfill fee in accordance with Minnesota
Statutes, section 473.843, and not otherwise appropriated, is appropriated to
the office of environmental assistance for the purposes of Minnesota Statutes,
section 473.844.
$200,000 the first year and $200,000 the
second year are transferred to the environmental assistance revolving account
under Minnesota Statutes, section 115A.0716, subdivision 3.
Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered under contract on or before June 30,
2005, for environmental assistance grants awarded under Minnesota Statutes, section
115A.0716, and for technical and
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
research assistance under Minnesota Statutes,
section 115A.152, technical assistance under Minnesota Statutes, section
115A.52, and pollution prevention assistance under Minnesota Statutes, section
115D.04, are available until June 30, 2006.
$5,000,000 the first year and $5,000,000 the second
year are from the environmental fund for mixed municipal solid waste processing
payments under Minnesota Statutes, section 115A.545.
The office of environmental assistance shall, in
consultation with stakeholders, develop and report to the legislative finance
and policy committees with jurisdiction over the environment on an incentive-based
distribution approach for SCORE funding to replace the allocation formula in
Minnesota Statutes, section 115A.557, subdivision 2. The office must submit preliminary recommendations by January 15,
2004, and final recommendations by January 1, 2005.
Sec. 4. ZOOLOGICAL
BOARD
6,681,000 6,681,000
Summary by Fund
General 6,557,000 6,557,000
Natural Resources 124,000 124,000
$124,000 the first year and $124,000 the second year
are from the natural resources fund from the revenue deposited under Minnesota
Statutes, section 297A.94, paragraph (e), clause (5). This is a onetime appropriation.
Sec. 5. NATURAL
RESOURCES
Subdivision 1. Total
Appropriation
223,915,000 221,809,000
Summary by Fund
General 91,053,000 90,945,000
Natural Resources 50,412,000 48,472,000
Game and Fish 82,350,000 82,292,000
Remediation 100,000 100,000
The amounts that may be spent from this
appropriation for each program are specified in the following subdivisions.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Subd. 2. Land and
Mineral Resources Management
7,509,000 7,509,000
Summary by Fund
General 6,466,000 6,466,000
Natural Resources 156,000 156,000
Game and Fish 887,000 887,000
$275,000 the first year and $275,000 the
second year are for iron ore cooperative research, of which $137,500 the first
year and $137,500 the second year are available only as matched by $1 of
nonstate money for each $1 of state money.
The match may be cash or in-kind.
Any unencumbered balance remaining in the first year does not cancel but
is available for the second year.
$172,000 the first year and $172,000 the
second year are for mineral diversification.
$86,000 the first year and $86,000 the second
year are for minerals cooperative environmental research, of which $43,000 the
first year and $43,000 the second year are available only as matched by $1 of
nonstate money for each $1 of state money.
The match may be cash or in-kind.
Any unencumbered balance remaining in the first year does not cancel but
is available for the second year.
Subd. 3. Water
Resources Management
10,949,000 10,841,000
Summary by Fund
General 10,669,000 10,561,000
Natural Resources 280,000 280,000
$108,000 the first year
is for a grant to the Lewis and Clark joint powers board to acquire land
for, and to predesign, design, construct, furnish, and equip a rural water
system to serve southwestern Minnesota, and to pay additional project development costs
that are approved
for federal cost-share
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
payment by the United States Bureau of
Reclamation, and is available until spent.
This appropriation is available when matched by $8 of federal money and
$1 of local money for each $1 of state money.
Up to $210,000 the first year and up to
$210,000 the second year are for grants associated with the implementation of
the Red River mediation agreement.
$300,000 the first year and $300,000 the
second year are appropriated for groundwater sustainability analyses under
Minnesota Statutes, section 103G.271, subdivision 8.
Subd. 4. Forest Management
33,066,000
33,066,000
Summary by Fund
General 32,824,000 32,824,000
Game and Fish 242,000 242,000
$7,650,000 the first year and $7,650,000 the
second year are for prevention, presuppression, and suppression costs of
emergency firefighting and other costs incurred under Minnesota Statutes,
section 88.12. If the appropriation for
either year is insufficient to cover all costs of presuppression and
suppression, the amount necessary to pay for these costs during the biennium is
appropriated from the general fund. By
November 15 of each year, the commissioner of natural resources shall submit a
report to the chairs of the house of representatives ways and means committee,
the senate finance committee, the environment and agriculture budget division
of the senate finance committee, and the house of representatives environment
and natural resources finance committee, identifying all firefighting costs
incurred and reimbursements received in the prior fiscal year. The report must be in a format agreed to by
the house environment finance committee chair, the senate environment budget
division chair, the department, and the department of finance. These appropriations may not be transferred.
Any reimbursement of firefighting expenditures made to the commissioner from any
source other than federal mobilizations shall be deposited into the general
fund.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
$730,000 the first year and $730,000 the
second year are for the forest resources council for implementation of the
Sustainable Forest Resources Act.
$350,000 the first year and $350,000 the
second year are for the FORIST timber management information system and for
increased forestry management.
$242,000 the first year
and $242,000 the second year are from the game and fish fund to implement
ecological classification systems (ECS) standards on forested landscapes. This is a onetime appropriation from revenue
deposited to the game and fish fund under Minnesota Statutes,
section 297A.94, paragraph (e), clause (1).
Subd. 5. Parks and Recreation
Management
36,508,000 36,508,000
Summary by Fund
General 19,283,000 19,283,000
Natural Resources 17,225,000 17,225,000
$640,000 the first year and $640,000 the
second year are from the water recreation account in the natural resources fund
for state park development projects.
$3,060,000 in each year is for payment of a
grant to the metropolitan council for metropolitan area regional parks
maintenance and operations.
$3,462,000 the first year and $3,462,000 the
second year are from the natural resources fund for state park and recreation
area operations. This appropriation is
from the revenue deposited to the natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (e), clause (2).
$4,152,000 the first year and $4,152,000 the
second year are from the natural resources fund for a grant to the metropolitan
council for metropolitan area regional parks and trails maintenance and
operations. This appropriation is from the revenue deposited to the natural resources
fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (3).
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
$8,971,000 the first year and $8,971,000 the
second year are from the state parks account in the natural resources fund for
state park and recreation area operations.
$25,000 the first year and $25,000 the second
year are for a grant to the city of Taylors Falls for fire and rescue
operations in support of Interstate state park.
Subd. 6. Trails and
Waterways Management
23,210,000 20,723,000
Summary by Fund
General 1,234,000 1,234,000
Natural Resources 19,805,000 17,805,000
Game and Fish 2,171,000 1,684,000
$5,724,000 the first year and $5,724,000 the
second year are from the snowmobile trails and enforcement account in the
natural resources fund for snowmobile grants-in-aid.
$261,000 the first year and $261,000 the
second year are from the water recreation account in the natural resources fund
for a safe harbor program on Lake Superior.
$690,000 the first year and $690,000 the
second year are from the natural resources fund for state trail
operations. This appropriation is from
the revenue deposited to the natural resources fund under Minnesota Statutes,
section 297A.94, paragraph (e), clause (2).
This is a onetime appropriation.
$553,000 the first year and $553,000 the
second year are from the natural resources fund for trail grants to local units
of government on land to be maintained for at least 20 years for the purposes
of the grant. This appropriation is
from the revenue deposited to the natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (e), clause (4). This is a onetime
appropriation.
$700,000 the first year is from the water
recreation account in the natural resources fund for a cooperative project with
the U.S. Army Corps of Engineers to develop the Mississippi Whitewater
Park. Of this amount, $525,000 is
available to provide a match for
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
$975,000 of federal funds, in a ratio of 65
percent federal to 35 percent state, for construction design development. $175,000 is available for use by the
department for project management, including costs for the project review team,
real estate acquisition, staff coordination of project, and legal services.
The appropriation in Laws 2001, First Special
Session chapter 2, section 5, subdivision 6, from the water recreation account
in the natural resources fund for preconstruction, acquisition, and staffing
needs for the Mississippi Whitewater trail authorized by Minnesota Statutes,
section 85.0156, is available until June 30, 2005.
$150,000 the first year and $150,000 the
second year are from the natural resources fund for trail development. Of this
amount, $86,000 each year is from the all-terrain vehicle account, $57,000 each
year is from the the off-road vehicle account, and $7,000 each year is from the
off-highway motorcycle account.
$1,000,000 the first year is from the natural
resources fund for the Iron Range off-highway vehicle recreation area. Of this amount, $600,000 is from the
all-terrain vehicle account, $350,000 is from the off-road vehicle account, and
$50,000 is from the off-highway motorcycle account. This appropriation is available until expended.
$300,000 the first year is from the
snowmobile trails and enforcement account in the natural resources fund. The
commissioner shall expend this money to acquire permanent easements for a
snowmobile trail to connect the Willard Munger State Trail in Hermantown to the
North Shore State Trail in Duluth. This
appropriation is available until expended.
Subd. 7. Fish
Management
28,979,000 29,010,000
Summary by Fund
General 455,000 455,000
Natural Resources 197,000 197,000
Game and Fish 28,327,000 28,358,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
$402,000 the first year and $402,000 the
second year are for resource population surveys in the 1837 treaty area. Of this amount, $260,000 the first year and
$260,000 the second year are from the game and fish fund.
$177,000 the first year and $177,000 the
second year are for the reinvest in Minnesota programs of game and fish,
critical habitat, and wetlands established under Minnesota Statutes, section
84.95, subdivision 2.
$1,030,000 the first year and $1,030,000 the
second year are from the trout and salmon management account for only the
purposes specified in Minnesota Statutes, section 97A.075, subdivision 3.
$136,000 the first year and $136,000 the
second year are available for aquatic plant restoration.
$3,998,000 the first year and $3,998,000 the
second year are from the heritage enhancement account in the game and fish fund
for only the purposes specified in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1). This
appropriation is from the revenue deposited to the game and fish fund under
Minnesota Statutes, section 297A.94, paragraph (e), clause (1).
Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered under contract on or before June 30,
2005, for aquatic restoration grants in this subdivision are available until
June 30, 2006.
Subd. 8. Wildlife
Management
23,865,000 24,180,000
Summary by Fund
General 1,416,000 1,416,000
Game and Fish 22,449,000 22,764,000
$565,000 the first year and $565,000 the
second year are for the reinvest in Minnesota programs of game and fish,
critical habitat, and wetlands established under Minnesota Statutes, section
84.95, subdivision 2.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
$1,830,000 the first year and $2,030,000 the second
year are from the wildlife acquisition surcharge account for only the purposes
specified in Minnesota Statutes, section 97A.071, subdivision 2a.
$1,269,000 the first year and $1,269,000 the second
year are from the deer habitat improvement account for only the purposes
specified in Minnesota Statutes, section 97A.075, subdivision 1, paragraph (b).
$148,000 the first year and $148,000 the second year
are from the deer and bear management account for only the purposes specified
in Minnesota Statutes, section 97A.075, subdivision 1, paragraph (c).
$808,000 the first year and $808,000 the second year
are from the waterfowl habitat improvement account for only the purposes
specified in Minnesota Statutes, section 97A.075, subdivision 2.
$546,000 the first year and $546,000 the second year
are from the pheasant habitat improvement account for only the purposes
specified in Minnesota Statutes, section 97A.075, subdivision 4.
$120,000 the first year and $120,000 the second year
are from the wild turkey management account for only the purposes specified in
Minnesota Statutes, section 97A.075, subdivision 5. Of this amount, $8,000 the first year and $8,000 the second year
are appropriated from the game and fish fund for transfer to the wild turkey
management account for purposes specified in Minnesota Statutes, section
97A.075, subdivision 5.
$2,560,000 the first year and $2,560,000 the second
year are from the heritage enhancement account in the game and fish fund for
only the purposes specified in Minnesota Statutes, section 297A.94, paragraph
(e), clause (1). However, in the event
that chronic wasting disease (CWD) is found in the wild deer herd, these
appropriations may be used for wildlife health management costs related to
fighting the spread of CWD. This
appropriation is from the revenue deposited to the game and fish fund under Minnesota
Statutes, section 297A.94, paragraph (e), clause (1). Notwithstanding Minnesota
Statutes, section 297A.94, this appropriation may be used for hunter
recruitment and retention and public land user facilities.
Notwithstanding Minnesota Statutes, section 16A.28,
the appropriations encumbered under contract on or before June 30, 2005, for
wildlife habitat grants in this subdivision are available until June 30, 2006.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Subd. 9. Ecological
Services
8,677,000 8,745,000
Summary by Fund
General 3,085,000 3,085,000
Natural Resources 2,572,000 2,632,000
Game and Fish 3,020,000 3,028,000
$1,028,000 the first year and $1,028,000 the
second year are from the nongame wildlife management account in the natural
resources fund for the purpose of nongame wildlife management.
$224,000 the first year and $224,000 the
second year are for population and habitat objectives of the nongame wildlife
management program.
$477,000 the first year and $477,000 the
second year are for the reinvest in Minnesota programs of game and fish,
critical habitat, and wetlands established under Minnesota Statutes, section
84.95, subdivision 2.
$1,263,000 the first year and $1,263,000 the
second year are from the heritage enhancement account in the game and fish fund
for only the purposes specified in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1). This
appropriation is from the revenue deposited to the game and fish fund under
Minnesota Statutes, section 297A.94, paragraph (e), clause (1).
Subd. 10. Enforcement
26,918,000 26,986,000
Summary by Fund
General 3,487,000 3,487,000
Natural Resources 6,161,000 6,161,000
Game and Fish 17,170,000 17,238,000
Remediation 100,000 100,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
$1,082,000 the first year and $1,082,000 the
second year are from the water recreation account in the natural resources fund
for grants to counties for boat and water safety.
$100,000 the first year and $100,000 the
second year are from the remediation fund for solid waste enforcement
activities under Minnesota Statutes, section 116.073.
$315,000 the first year and $315,000 the
second year are from the snowmobile trails and enforcement account in the
natural resources fund for grants to local law enforcement agencies for
snowmobile enforcement activities.
$1,164,000 the first year and $1,164,000 the
second year are from the heritage enhancement account in the game and fish fund
for only the purposes specified in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1). This
appropriation is from the revenue deposited to the game and fish fund under
Minnesota Statutes, section 297A.94, paragraph (e), clause (1).
$100,000 the first year and $100,000 the
second year are from the off-road vehicle account in the natural resources fund
for grants to off-highway organizations under Minnesota Statutes, section
84.785.
$200,000 the first year and $200,000 the
second year are from the natural resources fund for grants to county law
enforcement agencies for off-highway vehicle enforcement and public education
activities based on off-highway vehicle use and trail mileage in the county. Of this amount, $115,000 each year is from
the all-terrain vehicle account, $76,000 each year is from the off-road vehicle
account, and $9,000 each year is from the off-highway motorcycle account. The
county enforcement agencies may use money received under this appropriation to
make grants to other local enforcement agencies within the county that have a
high concentration of off-highway vehicle use.
Subd. 11. Operations
Support
24,234,000
24,241,000
Summary by Fund
General 12,134,000 12,134,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Natural Resources 4,016,000 4,016,000
Game and Fish 8,084,000 8,091,000
$189,000 the first year and $189,000 the
second year are for technical assistance and grants to assist local government
units and organizations in the metropolitan area to acquire and develop natural
areas and greenways.
$375,000 the first year and $375,000 the
second year are for the community assistance program to provide for technical
assistance and regional resource enhancement grants.
$246,000 the first year and $246,000 the
second year are from the natural resources fund for grants to be divided
equally between the city of St. Paul for the Como Zoo and Conservatory and the
city of Duluth Zoo. This appropriation
is from the revenue deposited to the natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (e), clause (5). This is a onetime
appropriation.
The commissioner may allow the payment for
license fees at the central office to be made by credit card, at the license
holder's discretion, at a charge of a reasonable fee.
Any unencumbered balance for state project
reimbursements received in fiscal year 2003 from the federal Land and Water
Conservation Fund Act and deposited in the state land and water conservation
account in the future resources fund shall be transferred to the account in the
natural resources fund. This provision
is effective the day following final enactment.
Sec. 6. BOARD OF WATER
AND SOIL RESOURCES
15,362,000 15,361,000
$4,102,000 the first year and $4,102,000 the
second year are for natural resources block grants to local governments.
The board shall reduce the amount of the
natural resources block grant to a county by an amount equal to any reduction
in the county's general services allocation to a soil and water conservation
district from the county's previous year allocation.
$3,566,000 the first year and $3,566,000 the
second year are for grants to soil and water conservation districts for general
purposes, nonpoint engineering, and
implementation of the Reinvest in
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Minnesota conservation reserve program. Upon approval of the board, expenditures may
be made from these appropriations for supplies and services benefiting soil and
water conservation districts.
$3,320,000 the first year and $3,320,000 the
second year are for grants to soil and water conservation districts for
cost-sharing contracts for erosion control and water quality management. Of this amount, at least $1,500,000 the
first year and $1,500,000 the second year are for grants for cost-sharing
contracts for water quality management on feedlots. Any unencumbered balance in
the board's program of grants does not cancel at the end of the first year and
is available for the second year for the same grant program.
$100,000 the first year and $100,000 the
second year are for a grant to the Red River Basin Commission to develop a Red
River basin plan and to coordinate water management activities in the states
and provinces bordering the Red river.
The unencumbered balance in the first year does not cancel but is
available for the second year.
Sec. 7. SCIENCE MUSEUM
OF MINNESOTA
618,000
-0-
Sec. 8. MINNESOTA
RESOURCES
Subdivision 1. Total
Appropriation
17,625,000 15,050,000
Summary by Fund
State Land and Water
Conservation
Account (LAWCON)
2,000,000
-0-
Environment and
Natural Resources
Trust Fund
15,050,000
15,050,000
Oil Overcharge Money in the
Special Revenue Fund
519,000
-0-
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Great Lakes
Protection Account
56,000
-0-
Appropriations from the oil overcharge money
in the special revenue fund and Great Lakes protection account are available
for either year of the biennium.
For appropriations from the environment and
natural resources trust fund, any unencumbered balance remaining in the first
year does not cancel and is available for the second year of the biennium.
Unless otherwise provided, the amounts in
this section are available until June 30, 2005, when projects must be completed
and final products delivered.
Subd. 2. Definitions
(a)
"State Land and Water Conservation Account (LAWCON)" means the state
land and water conservation account in the natural resources fund.
(b)
"Great Lakes protection account" means the Great Lakes protection
account referred to in Minnesota Statutes, section 116Q.02, subdivision 1.
(c)
"Trust fund" means the Minnesota environment and natural resources
trust fund referred to in Minnesota Statutes, section 116P.02, subdivision 6.
(d)
"Oil overcharge money" means the money referred to in Minnesota
Statutes, section 4.071, subdivision 2.
Subd. 3. Administration
406,000
406,000
Summary by Fund
Trust Fund 406,000 406,000
(a)
Legislative Commission on Minnesota Resources
$326,000
the first year and $346,000 the second year are from the trust fund for
administration as provided in Minnesota Statutes, section 116P.09, subdivision
5.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
(b)
LCMR Study Commission on Park Systems
$20,000
the first year is from the trust fund to the legislative commission on
Minnesota resources to evaluate the use of fees to assist the financial
stability and the potential of fees to provide for self-sufficiency in
Minnesota's park systems, including state parks, metropolitan regional parks,
and rural regional parks in greater Minnesota.
The study commission will report to the chairs of the senate and house
environment finance committees by February 16, 2004.
(c)
Contract Administration
$60,000
the first year and $60,000 the second year are from the trust fund to the commissioner
of natural resources for contract administration activities assigned to the
commissioner in this section. This
appropriation is available until June 30, 2006.
Subd. 4. Advisory
Committee
23,000 22,000
Summary by Fund
Trust Fund 23,000 22,000
Citizen
Advisory Committee for the Trust Fund
$23,000
the first year and $22,000 the second year are from the trust fund to the
legislative commission on Minnesota resources for expenses of the citizen
advisory committee as provided in Minnesota Statutes, section 116P.06.
Subd. 5. Fish and
Wildlife Habitat
6,466,000 6,467,000
Summary by Fund
Trust Fund 6,466,000 6,467,000
(a) Restoring Minnesota's Fish and Wildlife
Habitat Corridors - Phase II
$2,500,000 the first year and $2,500,000 the
second year are from the trust fund to the commissioner of natural resources
for the second biennium for acceleration of agency programs and cooperative
agreements with Minnesota Deer Hunters Association, Ducks Unlimited, Inc.,
National Wild Turkey Federation,
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Pheasants Forever, the Nature Conservancy,
Minnesota Land Trust, the Trust for Public Land, Minnesota Valley National
Wildlife Refuge Trust, Inc., U.S. Fish and Wildlife Service, U.S. Bureau of
Indian Affairs, Red Lake Band of Chippewa, Leech Lake Band of Chippewa, Fond du
Lac Band of Chippewa, USDA-Natural Resources Conservation Service, and the
board of water and soil resources to plan, restore, and acquire fragmented
landscape corridors that connect areas of quality habitat to sustain fish,
wildlife, and plants. As part of the required work program, criteria and
priorities for planned acquisition and restoration activities must be submitted
to the legislative commission on Minnesota resources for review and approval
before expenditure. Expenditures are limited to the 11 project areas as defined
in the work program. Land acquired with
this appropriation must be sufficiently improved to meet at least minimum
habitat and facility management standards as determined by the commissioner of
natural resources. This appropriation may not be used for the purchase of
residential structures unless expressly approved in the work program. Any land acquired in fee title by the
commissioner of natural resources with money from this appropriation must be
designated: (1) as an outdoor
recreation unit under Minnesota Statutes, section 86A.07; or (2) as provided in
Minnesota Statutes, sections 89.018, subdivision 2, paragraph (a); 97A.101;
97A.125; 97C.001; and 97C.011. The
commissioner may so designate any lands acquired in less than fee title. This appropriation is available until June
30, 2006, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(b) Metropolitan Area Wildlife Corridors
$2,500,000 the first year and $2,500,000 the
second year are from the trust fund to the commissioner of natural
resources. $3,700,000 of this appropriation
is for acceleration of agency programs and cooperative agreements with the
Trust for Public Land, Ducks Unlimited, Inc., Friends of the Mississippi River,
Great River Greening, Minnesota Land Trust, and Minnesota Valley National
Wildlife Refuge Trust, Inc., for the purposes of planning, improving, and
protecting important natural areas in the metropolitan region, as defined by
Minnesota Statutes, section 473.121, subdivision 2, through grants, contracted
services, conservation easements, and fee acquisition. $500,000 of this
appropriation is for an agreement with the city of Ramsey for the Trott Brook
Corridor acquisition. $800,000 of this
appropriation is for an agreement with
the Rice Creek Watershed District for
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Hardwood Creek acquisition and
restoration. Land acquired with this
appropriation must be sufficiently improved to meet at least minimum management
standards as determined by the commissioner of natural resources. As part of
the required work program, criteria and priorities for planned acquisition and
restoration activities must be submitted to the legislative commission on
Minnesota resources for review and approval before expenditure. Expenditures are limited to the identified
project areas as defined in the work program.
This appropriation may not be used for the purchase of residential
structures unless expressly approved in the work program. Any land acquired in fee title by the
commissioner of natural resources with money from this appropriation must be
designated: (1) as an outdoor
recreation unit under Minnesota Statutes, section 86A.07; or (2) as provided in
Minnesota Statutes, sections 89.018, subdivision 2, paragraph (a); 97A.101;
97A.125; 97C.001; and 97C.011. The
commissioner may so designate any lands acquired in less than fee title. This appropriation is available until June
30, 2006, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(c) Restoring RIM Match
$200,000 the first year and $200,000 the
second year are from the trust fund to the commissioner of natural resources
for the RIM critical habitat matching program to acquire and enhance fish,
wildlife, and native plant habitat.
Land acquired with this appropriation must be sufficiently improved to
meet at least minimum management standards as determined by the commissioner of
natural resources. Up to $27,000 of this appropriation is for matching nongame
program activities.
(d) Acquisition and Development of Scientific
and Natural Areas
$300,000 the first year and $300,000 the
second year are from the trust fund to the commissioner of natural resources to
acquire and develop lands with natural features of state ecological or
geological significance in accordance with the scientific and natural area
program long-range plan. Land acquired with this appropriation must be
sufficiently improved to meet at least minimum management standards as
determined by the commissioner of natural resources.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
(e) Forest and Prairie Stewardship of Public and
Private Lands
$196,000 the first year and $196,000 the second year
are from the trust fund to the commissioner of natural resources. $147,000 of this appropriation is to develop
stewardship plans for private forested lands and implement stewardship plans on
a cost-share basis. $245,000 of this
appropriation is to develop stewardship plans on private prairie lands and
implement prairie management on public and private lands. This appropriation is available until June
30, 2006, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(f) Local Initiative Grants-Conservation Partners
and Environmental Partnerships
$315,000 the first year and $315,000 the second year
are from the trust fund to the commissioner of natural resources for matching
grants of up to $20,000 to local government and private organizations for
enhancement, research, and education associated with natural habitat and
environmental service projects. This
appropriation is available until June 30, 2006, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(g) Minnesota ReLeaf Community Forest Development
and Protection
$306,000 the first year and $307,000 the second year
are from the trust fund to the commissioner of natural resources for
acceleration of the agency program and a cooperative agreement with Tree Trust
to protect forest resources, develop inventory-based management plans, and
provide matching grants to communities to plant native trees. At least $421,000 of this appropriation must
be used for grants to communities. For
the purposes of this paragraph, the match must be a nonstate contribution, but
may be either cash or qualifying in-kind.
This appropriation is available until June 30, 2006, at which time the
project must be completed and final projects delivered, unless an earlier date
is specified in the work program.
(h) Developing Pheromones for Use in Carp Control
$50,000 the first year and $50,000 the second year
are from the trust fund to the University of Minnesota for research on new options for controlling carp. This appropriation is available until
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
June 30, 2006, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(i) Biological Control of European Buckthorn
and Spotted Knapweed
$99,000 the first year and $99,000 the second
year are from the trust fund. Of this amount, $54,000 the first year and
$55,000 the second year are to the commissioner of natural resources for
research to evaluate potential insects for biological control of invasive
European buckthorn species. $45,000 the
first year and $44,000 the second year are to the commissioner of agriculture to
assess the effectiveness of spotted knapweed biological control agents. This appropriation is available until June
30, 2006, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
Subd. 6. Recreation
7,926,000 5,925,000
Summary by Fund
Trust Fund 5,926,000 5,925,000
State Land and Conservation
Account (LAWCON)
2,000,000
(a) State Park and Recreation Area Land
Acquisition
$750,000 the first year and $750,000 the
second year are from the trust fund to the commissioner of natural resources to
acquire in-holdings for state park and recreation areas. Land acquired with this appropriation must
be sufficiently improved to meet at least minimum management standards as
determined by the commissioner of natural resources. This appropriation is available until June 30, 2006, at which
time the project must be completed and final products delivered, unless an
earlier date is specified in the work program.
(b) LAWCON Federal Reimbursements
$2,000,000 is from the
state land and water conservation account (LAWCON) in the natural resources
fund to the commissioner of natural resources for eligible state projects and
administrative and
planning activities consistent with
Minnesota Statutes, section 116P.14,
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
and the federal Land and Water Conservation Fund
Act. This appropriation is contingent
upon receipt of the federal obligation and remains available until June 30,
2006, at which time the project must be completed and final products delivered,
unless an earlier date is specified in the work program.
(c) Local Initiative Grants-Parks and Natural Areas
$1,375,000 the first year and $1,375,000 the second
year are from the trust fund to the commissioner of natural resources for
matching grants to local governments for acquisition and development of natural
and scenic areas and local parks as provided in Minnesota Statutes, section
85.019, subdivisions 2 and 4a, and regional parks outside of the metropolitan
area. Grants may provide up to 50
percent of the nonfederal share of the project cost, except nonmetropolitan
regional park grants may provide up to 60 percent of the nonfederal share of
the project cost. The commission will
monitor the grants for approximate balance over extended periods of time
between the metropolitan area, under Minnesota Statutes, section 473.121,
subdivision 2, and the nonmetropolitan area through work program oversight and
periodic allocation decisions. For the
purposes of this paragraph, the match must be a nonstate contribution, but may
be either cash or qualifying in-kind.
Recipients may receive funding for more than one project in any given
grant period. This appropriation is
available until June 30, 2006, at which time the project must be completed and
final products delivered.
(d) Metropolitan Regional Parks Acquisition,
Rehabilitation, and Development
$1,670,000 the first year and $1,669,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with the metropolitan council for subgrants for the acquisition,
development, and rehabilitation in the metropolitan regional park system,
consistent with the metropolitan council regional recreation open space capital
improvement plan. This appropriation
may not be used for the purchase of residential structures. This appropriation may be used to reimburse
implementing agencies for acquisition of nonresidential property as expressly
approved in the work program. This
appropriation is available until June 30, 2006, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program. In addition, if a
project financed under this program receives a federal grant, the availability
of the financing from this paragraph for that project is extended to equal the
period of the federal grant.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
(e) Local and Regional Trail Grant Initiative
Program
$246,000 the first year and $246,000 the
second year are from the trust fund to the commissioner of natural resources to
provide matching grants to local units of government for the cost of
acquisition, development, engineering services, and enhancement of existing and
new trail facilities. This appropriation is available until June 30, 2006, at
which time the project must be completed and final products delivered, unless
an earlier date is specified in the work program. In addition, if a project
financed under this program receives a federal grant, the availability of the
financing from this paragraph for that project is extended to equal the period
of the federal grant.
(f) Gitchi-Gami State Trail
$650,000 the first year and $650,000 the
second year are from the trust fund to the commissioner of natural resources,
in cooperation with the Gitchi-Gami Trail Association, for the third biennium,
to design and construct approximately five miles of Gitchi-Gami state trail
segments. This appropriation must be
matched by at least $400,000 of nonstate money. The availability of the financing from this paragraph is extended
to equal the period of any federal money received.
(g) Water Recreation: Boat Access, Fishing Piers, and
Shore-fishing
$750,000 the first year and $750,000 the
second year are from the trust fund to the commissioner of natural resources to
acquire and develop public water access sites statewide, construct
shore-fishing and pier sites, and restore shorelands at public accesses. This
appropriation is available until June 30, 2006, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(h) Mesabi Trail
$190,000 the first year and $190,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with St. Louis and Lake Counties Regional Rail Authority for
the sixth biennium to acquire and develop segments of the Mesabi trail. If a federal grant is received, the
availability of the financing from this paragraph is extended to equal the
period of the federal grant.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
(i) Development and Rehabilitation of Minnesota
Shooting Ranges
$120,000 the first year and $120,000 the
second year are from the trust fund to the commissioner of natural resources to
provide technical assistance and matching cost-share grants to local
recreational shooting and archery clubs for the purpose of developing or
rehabilitating shooting and archery facilities for public use. Recipient
facilities must be open to the general public at reasonable times and for a
reasonable fee on a walk-in basis. This
appropriation is available until June 30, 2006, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(j) Land Acquisition, Minnesota Landscape
Arboretum
$175,000 the first year and $175,000 the
second year are from the trust fund to the University of Minnesota for an
agreement with the University of Minnesota Landscape Arboretum Foundation for
the fifth biennium to acquire in-holdings within the arboretum's boundary. This appropriation must be matched by an
equal amount of nonstate money. This
appropriation is available until June 30, 2006, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
Subd. 7. Water
Resources
998,000 942,000
Summary by Fund
Trust Fund 942,000 942,000
Great Lakes Protection
Account
56,000
(a) Local Water Planning Matching Challenge
Grants
$222,000 the first year and $222,000 the
second year are from the trust fund and $56,000 is from the Great Lakes
protection account to the board of water and soil resources to accelerate the
local water planning challenge grant program under Minnesota Statutes, sections
103B.3361 to 103B.3369, through matching grants to implement high-priority activities
in comprehensive water management plans, plan development guidance, and
regional resource assessments. For the
purposes of this paragraph, the match must
be a nonstate contribution, but may be either cash or
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
qualifying in-kind. This appropriation is
available until June 30, 2006, at which time the project must be
completed and final products delivered, unless an earlier date is specified in
the work program.
(b) Accelerating and Enhancing Surface Water
Monitoring for Lakes and Streams
$370,000 the first year and $370,000 the
second year are from the trust fund to the commissioner of the pollution
control agency for acceleration of agency programs and cooperative agreements with
the Minnesota Lakes Association, Rivers Council of Minnesota, the Minnesota
Initiative Foundation, and the University of Minnesota to accelerate monitoring
efforts through assessments, citizen training, and implementation grants. This
appropriation is available until June 30, 2006, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(c) TAPwaters: Technical Assistance Program for Watersheds
$80,000 the first year and $80,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with the Science Museum of Minnesota to assess the St. Croix river
and its tributaries to identify solutions to pollution threats. This appropriation is available until June
30, 2006, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(d) Wastewater Phosphorus Control and
Reduction Initiative
$270,000 the first year and $270,000 the
second year are from the trust fund to the commissioner of the pollution
control agency to study human causes of excess phosphorus and for cooperation
and an agreement with the Minnesota environmental science and economic review
board to assess phosphorus reduction techniques at wastewater treatment plants.
Subd. 8. Land Use and
Natural Resource Information
691,000 691,000
Summary by Fund
Trust Fund 691,000 691,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
(a) Minnesota County Biological Survey
$450,000 the first year and $450,000 the second year
are from the trust fund to the commissioner of natural resources for the ninth
biennium to accelerate the survey that identifies significant natural areas and
systematically collects and interprets data on the distribution and ecology of
native plant communities, rare plants, and rare animals.
(b) Updating Outmoded Soil Survey
$118,000 the first year and $118,000 the second year
are from the trust fund to the board of water and soil to continue updating and
digitizing outmoded soil surveys in Fillmore, Goodhue, Dodge, and Wabasha
counties in southeast Minnesota.
Participating counties must provide a cost share as reflected in the
work program. This appropriation is
available until June 30, 2006, at which time the project must be completed and
final products delivered, unless an earlier date is specified in the work
program.
(c) Mesabi Iron Range Geologic and Hydrologic Map
and Databases
$123,000 the first year and $123,000 the second year
are from the trust fund. $58,000 the
first year and $57,000 the second year of this appropriation are to the
commissioner of natural resources to develop a database of hydrogeologic data
across the Mesabi iron range. $65,000
the first year and $66,000 the second year are to the Minnesota geological
survey at the University of Minnesota for geologic and hydrogeologic maps of
the Mesabi iron range.
Subd. 9. Energy
644,000 125,000
Summary by Fund
Trust Fund 125,000 125,000
Oil Overcharge Money 519,000 -0-
(a) Community Energy Development Program
$519,000 is from the oil overcharge money to the
commissioner of administration for transfer to the commissioner of commerce to
assist communities in identifying cost-effective energy projects and developing
locally owned wind energy projects through local wind resource assessment and
financial assistance.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
(b) Advancing Utilization of Manure Methane
Digester Electrical Generation
$125,000 the first year and $125,000 the
second year are from the trust fund to the commissioner of agriculture to
maximize use of manure methane digesters by identifying compatible waste
streams and the feasibility of microturbine and fuel cell technologies.
Subd. 10. Environmental
Education
189,000 189,000
Summary by Fund
Trust Fund 189,000 189,000
(a) Dodge Nature Center - Restoration Plan
$41,000 the first year and $42,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with Dodge Nature Center for restoration and restoration planning.
(b) Bucks and Buckthorn: Engaging Young Hunters in Restoration
$148,000 the first year and $147,000 the
second year are from the trust fund to the commissioner of natural resources
for agreements with Great River Greening, Minnesota Deer Hunters Association,
and the St. Croix Watershed Research Station for a pilot program linking
hunting and habitat restoration opportunities for youth.
Subd. 11. Children's
Environmental Health
282,000
283,000
Summary by Fund
Trust Fund 282,000 283,000
(a) Healthy Schools: Indoor Air Quality and Asthma Management
$87,000 the first year and $88,000 the second
year are from the trust fund to the commissioner of health to assist school
districts with developing and implementing effective indoor air quality and
asthma management plans.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
(b) Economic-based Analysis of Children's
Environmental Health Risks
$45,000 the first year and $45,000 the second
year are from the trust fund to the commissioner of health to assess economic
strategies for children's environmental health risks.
(c) Continuous Indoor Air Quality Monitoring
in Minnesota Schools
$150,000 the first year and $150,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with Schulte Associates, LLC to provide continuous, real-time
indoor air quality monitoring in selected schools.
Subd.
12. Data Availability Requirements
(a) During the biennium ending June 30, 2005,
data collected by the projects funded under this section that have value for
planning and management of natural resource, emergency preparedness, and
infrastructure investments must conform to the enterprise information
architecture developed by the office of technology. Spatial data must conform
to geographic information system guidelines and standards outlined in that
architecture and adopted by the Minnesota geographic data clearinghouse at the
land management information center. A
description of these data must be made available on-line through the clearinghouse,
and the data themselves must be accessible and free to the public unless made private under the Data Practices Act, Minnesota
Statutes, chapter 13.
(b) To the extent practicable, summary data
and results of projects funded under this section should be readily accessible
on the Internet.
(c) As part of project expenditures,
recipients of land acquisition appropriations must provide the information
necessary to update public recreation information maps to the department of
natural resources in the specified form.
Subd.
13. Project Requirements
It is a condition of acceptance of the
appropriations in this section that any agency or entity receiving the
appropriation must comply with Minnesota
Statutes, chapter 116P, and vegetation planted
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
must be native to Minnesota and preferably of
the local ecotype unless the work program approved by the commission expressly
allows the planting of species that are not native to Minnesota.
Subd.
14. Match Requirements
Unless specifically authorized,
appropriations in this section that must be matched and for which the match has
not been committed by December 31, 2003, are canceled, and in-kind
contributions may not be counted as matching funds.
Subd.
15. Payment Conditions and Capital
Equipment Expenditures
All agreements, grants, or contracts referred
to in this section must be administered on a reimbursement basis.
Notwithstanding Minnesota Statutes, section 16A.41, expenditures made on or
after July 1, 2003, or the date the work program is approved, whichever is
later, are eligible for reimbursement unless otherwise provided in this
section. Payment must be made upon
receiving documentation that project-eligible reimbursable amounts have been
expended, except that reasonable amounts may be advanced to projects in order
to accommodate cash flow needs. The
advances must be approved as part of the work program. No expenditures for
capital equipment or lobbying expenses are allowed unless expressly authorized
in the project work program.
Subd.
16. Purchase of Recycled and Recyclable
Materials
A political subdivision, public or private
corporation, or other entity that receives an appropriation in this section
must use the appropriation in compliance with Minnesota Statutes, sections
16B.121 and 16B.122, requiring the purchase of recycled, repairable, and
durable materials; the purchase of uncoated paper stock; and the use of
soy-based ink, the same as if it were a state agency.
Subd.
17. Energy Conservation
A recipient to whom an appropriation is made
in this section for a capital improvement project shall ensure that the project
complies with the applicable energy conservation standards contained in law,
including Minnesota Statutes, sections 216C.19 and 216C.20, and rules adopted
thereunder. The recipient may use the
energy planning, advocacy, and state energy office units of the department
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
of commerce to obtain information and technical
assistance on energy conservation and alternative energy development relating
to the planning and construction of the capital improvement project.
Subd.
18. Accessibility
Structural and nonstructural facilities must meet
the design standards in the Americans with Disability Act (ADA) accessibility
guidelines.
Subd.
19. Carryforward
(a) The availability of the appropriations for the
following projects is extended to June 30, 2004: Laws 2001, First Special
Session chapter 2, section 14, subdivision 4, paragraph (b), state fish
hatchery rehabilitation, paragraph (c), enhancing Canada goose hunting and
management; subdivision 5, paragraph (g), McQuade small craft harbor, paragraph
(i), Gateway trail bridge, paragraph (k), Gitchi-Gami state trail, paragraph
(p), state park and recreation area acquisition, paragraph (q), LAWCON;
subdivision 6, paragraph (d), determination of fecal pollution sources in
Minnesota; subdivision 7, paragraph (e), Lake Superior Lakewide Management Plan
(LaMP); subdivision 8, paragraph (b), agricultural land preservation, paragraph
(d), accelerated technology transfer for starch-based plastics; and subdivision
9, improving air quality by using biodiesel in generators.
(b) The availability of the appropriation from the
trust fund for the following project is extended to June 30, 2004: Laws 2001, First Special Session chapter 2,
section 14, subdivision 3, paragraph (a), legislative commission on Minnesota
resources. During the 2004-2005
biennium the legislative commission on Minnesota resources is not subject to
the limitation on uses of funds provided under Minnesota Statutes, section
16A.281.
(c) The availability of the appropriation for the
following project is extended to June 30, 2005: Laws 2001, First Special Session chapter 2, section 14,
subdivision 7, paragraph (a), hydraulic impacts of quarries and gravel pits.
Subd. 20. Future
Resources Funds
Minnesota
future resources fund appropriations remaining from appropriations in Laws
1999, chapter 231, section 16; and Laws 2001, First Special Session chapter 2,
section 14, as amended in subdivision 19 are continued to the date of their
availability in law.
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Any
projects with dollars appropriated from the Minnesota future resources fund
prior to July 1, 2003, continue to be subject to the requirements of Minnesota
Statutes, chapter 116P.
Sec. 9. [TRANSFER.]
The commissioner of the pollution control agency shall transfer
$5,000,000 before July 30, 2003, and $5,000,000 before July 30, 2004,
from the unreserved balance of the environmental fund to the
commissioner of finance for cancellation to the general fund.
Sec. 10. Minnesota
Statutes 2002, section 17.4988, is amended to read:
17.4988 [LICENSE AND INSPECTION FEES.]
Subdivision 1.
[REQUIREMENTS FOR ISSUANCE.] A permit or license must be issued by the
commissioner if the requirements of law are met and the license and permit fees
specified in this section are paid.
Subd. 2. [AQUATIC
FARMING LICENSE.] (a) The annual fee for an aquatic farming license is $70
$210.
(b) The aquatic farming license may contain endorsements for
the rights and privileges of the following licenses under the game and fish
laws. The endorsement must be made upon
payment of the license fee prescribed in section 97A.475 for the following
licenses:
(1) minnow dealer license;
(2) minnow retailer license for sale of minnows as bait;
(3) minnow exporting license;
(4) aquatic farm vehicle endorsement, which includes a minnow
dealer vehicle license, a minnow retailer vehicle license, an exporting minnow
vehicle license, and a fish vendor license;
(5) sucker egg taking license; and
(6) game fish packers license.
Subd. 3. [INSPECTION
FEES.] The fees for the following inspections are:
(1) initial inspection of each water to be licensed, $50;
(2) fish health inspection and certification, $20 $60
plus $100 $150 per lot thereafter; and
(3) initial inspection for containment and quarantine facility
inspections, $50 $100.
Subd. 4. [AQUARIUM
FACILITY.] (a) A person operating a commercial aquarium facility must have a
commercial aquarium facility license issued by the commissioner if the facility
contains species of aquatic life that are for sale and that are present in
waters of the state. The commissioner
may require an aquarium facility license for aquarium facilities importing or
holding species of aquatic life that are for sale and that are not present in
Minnesota if those species can survive in waters of the state. The fee for an aquarium facility license is $19
$90.
(b) Game fish transferred by an aquarium facility must be
accompanied by a receipt containing the information required on a shipping
document by section 17.4985, subdivision 3, paragraph (b).
[EFFECTIVE DATE.] This
section is effective March 1, 2004.
Sec. 11. Minnesota
Statutes 2002, section 84.027, subdivision 13, is amended to read:
Subd. 13. [GAME AND
FISH RULES.] (a) The commissioner of natural resources may adopt rules under
sections 97A.0451 to 97A.0459 and this subdivision that are authorized under:
(1) chapters 97A, 97B, and 97C to set open seasons and areas,
to close seasons and areas, to select hunters for areas, to provide for tagging
and registration of game, to prohibit or allow taking of wild animals to
protect a species, to prevent or control wildlife disease, and to
prohibit or allow importation, transportation, or possession of a wild animal;
(2) sections 84.093, 84.15, and 84.152 to set seasons for
harvesting wild ginseng roots and wild rice and to restrict or prohibit
harvesting in designated areas; and
(3) section 84D.12 to designate prohibited exotic species,
regulated exotic species, unregulated exotic species, and infested waters.
(b) If conditions exist that do not allow the commissioner to
comply with sections 97A.0451 to 97A.0459, the commissioner may adopt a rule
under this subdivision by submitting the rule to the attorney general for
review under section 97A.0455, publishing a notice in the State Register and
filing the rule with the secretary of state and the legislative coordinating
commission, and complying with section 97A.0459, and including a statement of
the emergency conditions and a copy of the rule in the notice. The notice may be published after it is
received from the attorney general or five business days after it is submitted
to the attorney general, whichever is earlier.
(c) Rules adopted under paragraph (b) are effective upon
publishing in the State Register and may be effective up to seven days before
publishing and filing under paragraph (b), if:
(1) the commissioner of natural resources determines that an
emergency exists;
(2) the attorney general approves the rule; and
(3) for a rule that affects more than three counties the
commissioner publishes the rule once in a legal newspaper published in
Minneapolis, St. Paul, and Duluth, or for a rule that affects three or fewer
counties the commissioner publishes the rule once in a legal newspaper in each
of the affected counties.
(d) Except as provided in paragraph (e), a rule published under
paragraph (c), clause (3), may not be effective earlier than seven days after
publication.
(e) A rule published under paragraph (c), clause (3), may be
effective the day the rule is published if the commissioner gives notice and
holds a public hearing on the rule within 15 days before publication.
(f) The commissioner shall attempt to notify persons or
groups of persons affected by rules adopted under paragraphs (b) and (c) by
public announcements, posting, and other appropriate means as determined by the
commissioner.
(g) Notwithstanding section 97A.0458, a rule adopted under this
subdivision is effective for the period stated in the notice but not longer
than 18 months after the rule is adopted.
Sec. 12. Minnesota
Statutes 2002, section 84.029, subdivision 1, is amended to read:
Subdivision 1.
[ESTABLISHMENT, DEVELOPMENT, MAINTENANCE AND OPERATION.] In addition to
other lawful authority, the commissioner of natural resources may establish,
develop, maintain, and operate recreational areas, including but not limited to
trails and canoe routes, for the use and enjoyment of the public on any
state-owned or leased land under the commissioner's jurisdiction. Each employee of the department of
natural resources, while engaged in employment in connection with such
recreational areas, has and possesses the authority and power of a peace
officer when so designated by the commissioner The commissioner may
employ and designate individuals according to section 85.04 to enforce
laws governing the use of recreational areas.
Sec. 13. Minnesota
Statutes 2002, section 84.085, subdivision 1, is amended to read:
Subdivision 1.
[AUTHORITY.] (a) The commissioner of natural resources may accept for
and on behalf of the state any gift, bequest, devise, or grants of lands or
interest in lands or personal property of any kind or of money tendered to the
state for any purpose pertaining to the activities of the department or any of
its divisions. Any money so received is
hereby appropriated and dedicated for the purpose for which it is granted. Lands and interests in lands so received may
be sold or exchanged as provided in chapter 94.
(b) The commissioner of natural resources, on behalf of the
state, may accept and use grants of money or property from the United States or
other grantors for conservation purposes not inconsistent with the laws of this
state. Any money or property so
received is hereby appropriated and dedicated for the purposes for which it is
granted, and shall be expended or used solely for such purposes in accordance
with the federal laws and regulations pertaining thereto, subject to applicable
state laws and rules as to manner of expenditure or use providing that the
commissioner may make subgrants of any money received to other agencies, units
of local government, private individuals, private organizations,
and private nonprofit corporations. Appropriate funds and accounts shall be
maintained by the commissioner of finance to secure compliance with this
section.
(c) The commissioner may accept for and on behalf of the
permanent school fund a donation of lands, interest in lands, or improvements
on lands. A donation so received shall
become state property, be classified as school trust land as defined in section
92.025, and be managed consistent with section 127A.31.
Sec. 14. Minnesota
Statutes 2002, section 84.091, subdivision 2, is amended to read:
Subd. 2. [LICENSE REQUIRED;
EXCEPTION.] (a) Except as provided in paragraph (b), a person may not harvest,
buy, sell, transport, or possess aquatic plants without a license required
under this chapter. A license shall be
issued in the same manner as provided under the game and fish laws.
(b) A resident under the age of 16 18 years may
harvest wild rice without a license, if accompanied by a person with a wild
rice license.
[EFFECTIVE DATE.] This
section is effective March 1, 2004.
Sec. 15. Minnesota
Statutes 2002, section 84.091, subdivision 3, is amended to read:
Subd. 3. [LICENSE
FEES.] (a) The fees for the following licenses, to be issued to residents only,
are:
(1) for harvesting wild rice, $12.50:
(i) for a season, $25; and
(ii) for one day, $15;
(2) for buying and selling wild ginseng, $5;
(3) for a wild rice dealer's license to buy and sell 50,000
pounds or less, $70; and
(4) for a wild rice dealer's license to buy and sell more than
50,000 pounds, $250.
(b) The fee for a nonresident one-day license to harvest
wild rice is $30.
(c) The weight of the wild rice shall be determined in
its raw state.
[EFFECTIVE DATE.] This
section is effective March 1, 2004.
Sec. 16. Minnesota
Statutes 2002, section 84.0911, is amended to read:
84.0911 [WILD RICE MANAGEMENT ACCOUNT.]
Subdivision 1. [ESTABLISHMENT
ACCOUNT ESTABLISHED.] The wild rice management account is established as
an account in the state treasury game and fish fund.
Subd. 2. [RECEIPTS.]
Money received from the sale of wild rice licenses issued by the commissioner
under section 84.091, subdivision 3, paragraph (a), clauses (1) and,
(3), and (4), and subdivision 3, paragraph (b), shall be credited
to the wild rice management account.
Subd. 3. [USE OF MONEY
IN ACCOUNT.] (a) Money in the wild rice management account shall be
used by is annually appropriated to the commissioner and
shall be used for management of designated public waters to improve natural
wild rice production.
(b) Money that is not appropriated from the wild rice
management account does not cancel but shall remain in the wild rice management
account until appropriated.
Sec. 17. Minnesota
Statutes 2002, section 84.415, is amended by adding a subdivision to read:
Subd. 1a.
[UTILITY LICENSES ACROSS STATE LANDS AND WATERS.] The commissioner
may grant permanent licenses permitting the passage of utilities across
state land or public waters under the commissioner's jurisdiction. For purposes of this section,
"utilities" include:
telephone, electric power, and fiber optic lines, cables or
conduits, underground or otherwise; and mains or pipelines for gas,
liquids, or solids in suspension.
Sec. 18. Minnesota
Statutes 2002, section 84.415, is amended by adding a subdivision to read:
Subd. 3a. [APPLICATION;
FORM AND FEE.] The applicant must complete and submit, in writing or
electronically, an application on a form provided by the
commissioner. The applicant
shall include a fee of $500 with each application for a license, except
that if the number of crossings is greater than ten, the application fee
must be increased by an additional $50 per crossing.
Application fees must not be refunded if the application
is withdrawn. The application
fee must be deposited into the general fund.
Sec. 19. Minnesota
Statutes 2002, section 84.415, subdivision 4, is amended to read:
Subd. 4. [ATTORNEY
GENERAL, DUTIES; LICENSE FORM.] The license or permit to be
granted shall be in a form to be prescribed by the attorney general;,
shall describe the location of the license or permit thereby granted,
and shall continue until canceled by the commissioner, subject to change or
modification as herein provided. The
license must:
(1) provide that the crossing must be designed, constructed,
and maintained so that the ongoing use is compatible with surrounding
land uses and does not cause significant adverse environmental or
natural resource management impacts as determined by the commissioner;
(2) provide that the license reverts to the state in the
event of nonuse for one year, with the holder required to notify the
state upon abandonment;
(3) provide that the license runs with the land or public
waters and extend to and bind heirs, successors, and assigns of the
respective parties to the license;
(4) provide that a license may add capacity during the life
of the license without payment of an additional fee; and
(5) include other terms and conditions of use as necessary
and appropriate under the circumstances.
Sec. 20. Minnesota
Statutes 2002, section 84.415, subdivision 5, is amended to read:
Subd. 5. [FEE FEES.]
(a) In addition to the application fee, a onetime utility crossing
fee must be paid to secure a license as follows:
(1) if the utility license is for a crossing of state land,
the fee equals the acreage of the occupied corridor times the estimated
market value as determined by the commissioner. The minimum corridor width for the calculation is ten
feet; and
(2) if the utility license is for a crossing of public waters,
the fee must be determined as follows:
(i) if the utility is a cable lying on a public waters bed,
the fee is $100 for the first 100 linear feet, or portion thereof,
and 50 cents per linear foot for each foot in excess of 100 linear feet;
(ii) if the commissioner determines that the crossing will
have a low impact by not disturbing the public waters bed and not
resulting in exposed lines suspended over public waters, the fee is $100
for the first 100 linear feet, or portion thereof, and 25 cents per foot
for each foot in excess of 100 linear feet; and
(iii) for all other crossings of public waters, if the corridor
width is:
(A) ten feet or less, the fee is $200 for the first 100 linear
feet, or portion thereof, and 50 cents per foot for each foot in excess
of 100 linear feet; and
(B) greater than ten feet, the fee is $300 for the first
100 linear feet, or portion thereof, and 75 cents for each foot in
excess of 100 linear feet; and
(3) if the license is adding
corridor width to an existing licensed corridor, the fee must be
calculated only on the additional area.
(b) In the event the construction of such lines causes
damage to timber or other property of the state on or along the same, the
license or permit shall must also provide for payment to the
state treasurer of the an amount thereof as may be
determined by the commissioner. The
commissioner may charge for costs incurred to investigate damages to the
property of the state by construction of a utility crossing and for
costs incurred to investigate a utility crossing that was constructed
without first applying for the license.
This payment must be deposited in the general fund.
(c) All money received under such paragraph
(a) for licenses or permits crossing state lands shall be
credited to the fund to which other income or proceeds of sale from such
the land would be credited, if provision therefor be provisions
were made by law, otherwise to the general fund. All money received under paragraph (a) for licenses
crossing public waters must be credited to the permanent school fund.
Sec. 21. Minnesota
Statutes 2002, section 84.415, is amended by adding a subdivision to read:
Subd. 6.
[LICENSE MODIFICATION.] Any utility license issued before July
1, 2003, and remaining in force may be modified by the commissioner of
natural resources to conform with this section, upon application of the
holder of the license. The onetime utility crossing fee for the new
license must be adjusted by a credit equal to: (1) the amount of the fee paid under the original license,
times (2) a fraction, the numerator of which is the number of calendar
years remaining during the term of the original license, and the
denominator of which is the number of years of the term of the original
license.
Sec. 22. [84.785]
[OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION GRANT PROGRAM.]
Subdivision 1.
[CREATION; DEFINITION.] (a) For the purposes of this section,
"off-highway vehicle" means:
(1) an off-highway motorcycle as defined under section 84.787,
subdivision 7;
(2) an off-road vehicle as defined under section 84.797,
subdivision 7; or
(3) an all-terrain vehicle as defined under section 84.92,
subdivision 8.
(b) The commissioner of natural resources shall establish
an off-highway vehicle safety and conservation grant program to award
grants to organizations that meet the eligibility requirements under
subdivision 3.
Subd. 2.
[PURPOSE.] The purpose of the off-highway vehicle safety and
conservation grant program is to encourage off-highway vehicle clubs to
assist in safety and environmental education and in improving,
maintaining, and monitoring trails on state forest land and other public
lands.
Subd. 3.
[ELIGIBILITY.] To be eligible for a grant under this section,
an organization must:
(1) be a statewide organization that has been in existence
at least five years and that promotes the operation of off-highway
vehicles in a manner that is safe, responsible, and does not harm the
environment;
(2) promote the operation of off-highway vehicles in a manner
that does not conflict with the laws and rules that relate to the
operation of off-highway vehicles;
(3) have an interest limited to the operation of motorized
vehicles on motorized trails and other designated areas;
(4) have a board of directors that
has 80 percent of its members who are representatives of all-terrain
vehicle clubs, off-highway motorcycle clubs, or off-road vehicle clubs;
and
(5) provide support to off-highway vehicle clubs.
Subd. 4. [USE OF
GRANTS.] An organization receiving a grant under this section shall
use the grant money to promote and provide support to the department of
natural resources by:
(1) encouraging off-highway vehicle clubs to assist in improving,
maintaining, and monitoring trails on state forest land and other public
lands;
(2) providing assistance to the department in locating, recruiting,
and training instructors;
(3) assisting the commissioner and the director of tourism
in creating an outreach program to inform local communities of appropriate
off-highway vehicle use in their communities and of the economic
benefits that may be gained from promoting tourism to attract
off-highway vehicles;
(4) publishing a manual in cooperation with the commissioner
that will be used to train volunteers in monitoring the operation of
off-highway vehicles for safety, environmental, and other issues that
relate to the responsible operation of off-highway vehicles; and
(5) collecting data on the operation of off-highway vehicles
in the state.
Sec. 23. Minnesota
Statutes 2002, section 84.788, subdivision 2, is amended to read:
Subd. 2. [EXEMPTIONS.]
Registration is not required for off-highway motorcycles:
(1) owned and used by the United States, the state, another
state, or a political subdivision;
(2) registered in another state or country that have not been
within this state for more than 30 consecutive days; or
(3) used exclusively in organized track racing events;
(4) being used on private land with the permission of the
landowner; or
(5) registered under chapter 168, when operated on
forest roads to gain access to a state forest campground.
Sec. 24. Minnesota
Statutes 2002, section 84.788, subdivision 3, is amended to read:
Subd. 3. [APPLICATION;
ISSUANCE; REPORTS.] (a) Application for registration or continued registration
must be made to the commissioner or an authorized deputy registrar of motor
vehicles in a form prescribed by the commissioner. The form must state the name and address of every owner of the
off-highway motorcycle.
(b) A person who purchases from a retail dealer an off-highway
motorcycle that is intended to be operated on public lands or waters
shall make application for registration to the dealer at the point of
sale. The dealer shall issue a temporary
ten-day registration permit to each purchaser who applies to the dealer for
registration. The dealer shall submit
the completed registration applications and fees to the deputy registrar at
least once each week. No fee may be
charged by a dealer to a purchaser for providing the temporary permit.
(c) Upon receipt of the application
and the appropriate fee, the commissioner or deputy registrar shall issue to
the applicant, or provide to the dealer, a 60-day temporary receipt and shall
assign a registration number that must be affixed to the motorcycle in a manner
prescribed by the commissioner. A
dealer subject to paragraph (b) shall provide the registration materials and
temporary receipt to the purchaser within the ten-day temporary permit period.
(d) The commissioner shall develop a registration system to
register vehicles under this section. A
deputy registrar of motor vehicles acting under section 168.33, is also a
deputy registrar of off-highway motorcycles.
The commissioner of natural resources in agreement with the commissioner
of public safety may prescribe the accounting and procedural requirements
necessary to ensure efficient handling of registrations and registration
fees. Deputy registrars shall strictly
comply with the accounting and procedural requirements. A fee of $2 in addition to other fees
prescribed by law is charged for each off-highway motorcycle registered by:
(1) a deputy registrar and must be deposited in the treasury of
the jurisdiction where the deputy is appointed, or kept if the deputy is not a
public official; or
(2) the commissioner and must be deposited in the state
treasury and credited to the off-highway motorcycle account.
Sec. 25. Minnesota
Statutes 2002, section 84.794, subdivision 2, is amended to read:
Subd. 2. [PURPOSES.]
(a) Subject to appropriation by the legislature, money in the off-highway
motorcycle account may only be spent for:
(1) administration, enforcement, and implementation of sections
84.787 to 84.796;
(2) acquisition, maintenance, and development of off-highway
motorcycle trails and use areas; and
(3) grants-in-aid to counties and municipalities to construct
and maintain off-highway motorcycle trails and use areas; and
(4) enforcement and public education grants to local law
enforcement agencies.
(b) The distribution of funds made available for grants-in-aid
must be guided by the statewide comprehensive outdoor recreation plan.
Sec. 26. Minnesota
Statutes 2002, section 84.803, subdivision 2, is amended to read:
Subd. 2. [PURPOSES.]
Subject to appropriation by the legislature, money in the off-road vehicle
account may only be spent for:
(1) administration, enforcement, and implementation of
sections 84.797 to 84.805 and Laws 1993, chapter 311, article 2, section 18;
(2) acquisition, maintenance, and development of off-road
vehicle trails and use areas;
(3) grant-in-aid programs to counties and municipalities to
construct and maintain off-road vehicle trails and use areas; and
(4) grants-in-aid to local safety programs; and
(5) enforcement and public education grants to local law
enforcement agencies.
Sec. 27. [84.913] [CLOSURE OF MOTORIZED FOREST ROADS AND TRAILS.]
(a) For the purpose of this section, "off-highway
vehicle" has the meaning given in section 84.785.
(b) All forest roads and trails open to use by off-highway
vehicles on the effective date of this section must remain open to
use by off-highway vehicles, unless after a detailed field analysis the
commissioner determines the trail is inappropriate for off-highway
vehicle use. The commissioner of
natural resources may permanently close a forest road or trail to off-highway
vehicle use only after completing the five-step public review process as
provided in the department of natural resources publication titled: "Off-Highway Vehicle System Planning,
Project Implementation and Review:
(Revised 01/07/03)."
Sec. 28. Minnesota
Statutes 2002, section 84.92, subdivision 8, is amended to read:
Subd. 8. [ALL-TERRAIN
VEHICLE.] "All-terrain vehicle" or "vehicle" means a
motorized flotation-tired vehicle of not less than three low pressure tires,
but not more than six tires, that is limited in engine displacement of less
than 800 cubic centimeters and total dry weight less than 800 900
pounds.
Sec. 29. Minnesota
Statutes 2002, section 84.927, subdivision 2, is amended to read:
Subd. 2. [PURPOSES.]
Subject to appropriation by the legislature, money in the all-terrain vehicle
account may only be spent for:
(1) the education and training program under section 84.925;
(2) administration, enforcement, and implementation of
sections 84.92 to 84.929 and Laws 1984, chapter 647, sections 9 and 10;
(3) acquisition, maintenance, and development of vehicle trails
and use areas;
(4) grant-in-aid programs to counties and municipalities to
construct and maintain all-terrain vehicle trails and use areas; and
(5) grants-in-aid to local safety programs; and
(6) enforcement and public education grants to local law
enforcement agencies.
The distribution of funds made available through grant-in-aid
programs must be guided by the statewide comprehensive outdoor recreation plan.
Sec. 30. [84.991]
[MINNESOTA CONSERVATION CORPS.]
Subdivision 1.
[TRANSFER.] (a) The Minnesota conservation corps is moved to
the friends of the Minnesota conservation corps, an existing nonprofit
corporation under section 501(c)(3) of the Internal Revenue Code of
1986, as amended, doing business as the Minnesota conservation corps
under the supervision of a board of directors.
(b) The expenditure of state funds by the Minnesota conservation
corps is subject to audit by the legislative auditor and regular annual
report to the legislature in general and specifically to the house of
representatives and senate committees with jurisdiction over environment
and natural resources policy and finance.
Subd. 2.
[STAFF; CORPS MEMBERS.] (a) Staff employed by the Minnesota
conservation corps are not state employees, but, at the option of the
board of directors of the nonprofit corporation and at the expense of
the corporation or its staff, may participate in state retirement and
deferred compensation, that apply to state employees.
(b) Employment as a Minnesota conservation corps member is
noncovered employment for purposes of eligibility for unemployment
benefits under chapter 268.
(c) The Minnesota conservation corps is authorized to continue
to have staff and corps members participate in the state of Minnesota
workers' compensation program through the department of natural
resources. Staff and corps members'
claim and administrative costs must be allocated and set annually by
the department of natural resources in a manner that is consistent
with how these costs are allocated across that agency's operations. The friends of the Minnesota conservation
corps shall establish and follow loss-control strategies that are
consistent with loss-control activities of the department of natural
resources. In the event that the
friends of the Minnesota conservation corps becomes insolvent or cannot
otherwise fund its claim and administrative costs, liability for these
costs shall be assumed by the department of natural resources.
(d) The Minnesota conservation corps is a training and service
program and exempt from Minnesota prevailing wage guidelines.
Subd. 3. [STATE
AND OTHER AGENCY COLLABORATION.] The departments of natural
resources, agriculture, public safety, transportation, and other
appropriate state agencies must constructively collaborate with the Minnesota
conservation corps.
Subd. 4.
[EQUIPMENT AND SERVICE PURCHASES; STATE CONTRACTS.] The Minnesota
conservation corps may purchase or lease equipment and services,
including fleet, through state contracts administered by the
commissioner of administration or the department of natural resources.
Subd. 5.
[LIMITATIONS ON MINNESOTA CONSERVATION CORPS PROJECTS.] Each
employing state or local agency must certify that the assignment of
Minnesota conservation corps members will not result in the displacement
of currently employed workers or workers on seasonal layoff, including
partial displacement such as reduction in hours of nonovertime work,
wages, or other employment benefits.
Supervising agencies that participate in the program may not
terminate, lay off, reduce the seasonal hours, or reduce the working
hours of any employee for the purpose of using a corps member with
available funds. The positions
and job duties of corps members employed in projects shall be submitted
to affected exclusive representatives prior to actual assignment.
Sec. 31. Minnesota
Statutes 2002, section 84A.02, is amended to read:
84A.02 [DEPARTMENT TO MANAGE PRESERVE.]
(a) The department of natural resources shall manage and
control the Red Lake game preserve. The
department may adopt and enforce rules for the care, preservation, protection,
breeding, propagation, and disposition of all species of wildlife in the
preserve. The department may adopt and
enforce rules for the regulation, issuance, sale, and revocation of special
licenses or special permits for hunting, fishing, camping, and other uses of
this area, consistent with sections 84A.01 to 84A.11. The department may by rule set the terms, conditions, and charges
for these licenses and permits.
(b) The rules may specify and control the terms under
which wildlife may be taken, captured, or killed in the preserve, and under
which fur-bearing animals, or animals and fish otherwise having commercial
value, may be taken, captured, trapped, killed, sold, and removed from it. These rules may also provide for (1) the
afforestation and reforestation of state lands in the preserve, (2) the sale of
merchantable timber from these lands when, in the opinion of the department, it
can be sold and removed without damage or injury to the further use and
development of the land for wildlife and game in the preserve, and (3) the
purposes for which the preserve is established by sections 84A.01 to 84A.11.
(c) The department may provide for the policing of
the preserve as necessary for its proper development and use for the purposes
specified. Supervisors, guards,
custodians, and caretakers assigned to duty in the preserve have the powers of
peace officers while in their employment The commissioner of natural
resources may employ and designate individuals according to section
85.04 to enforce laws governing the use of the preserve.
(d) The department shall also adopt and enforce rules
concerning the burning of grass, timber slashings, and other flammable matter,
and the clearing, development, and use of lands in the preserve as necessary to
prevent forest fires and grass fires that would injure the use and development
of this area for wildlife preservation and propagation and to protect its
forest and wooded areas.
(e) Lands within the preserve are subject to the rules,
whether owned by the state or privately, consistent with the rights of the
private owners and with applicable state law.
The rules may establish areas and zones within the preserve where
hunting, fishing, trapping, or camping is prohibited or specially regulated, to
protect and propagate particular wildlife in the preserve.
(f) Rules adopted under sections 84A.01 to 84A.11 must
be posted on the boundaries of the preserve.
Sec. 32. Minnesota
Statutes 2002, section 84A.21, is amended to read:
84A.21 [DEPARTMENT TO MANAGE PROJECTS.]
(a) The department shall manage and control each project
approved and accepted under section 84A.20.
The department may adopt and enforce rules for the purposes in section
84A.20, subdivision 1, for the prevention of forest fires in the projects, and
for the sale of merchantable timber from lands so acquired by the state when,
in the opinion of the department, the timber may be sold and removed without
damage to the project.
(b) These rules may relate to the care, preservation,
protection, breeding, propagation, and disposition of any species of wildlife
in the project and the regulation, issuance, sale, and revocation of special
licenses or special permits for hunting, fishing, camping, and other uses of
the areas consistent with applicable state law.
(c) The department may provide for the policing of each
project as needed for the proper development, use, and protection of the
project and its purposes. Supervisors,
guards, custodians, and caretakers assigned to duty in any project have the
powers of peace officers while employed by the department The
commissioner of natural resources may employ and designate individuals
according to section 85.04 to enforce laws governing the use of the
projects.
(d) Lands within a project are subject to these rules,
whether owned by the state or privately, consistent with the rights of the
private owners or with applicable state law.
The rules must be published once in one qualified newspaper in each
county affected and take effect after publication. They must also be posted on the boundaries of each project
affected.
Sec. 33. Minnesota
Statutes 2002, section 84A.32, subdivision 1, is amended to read:
Subdivision 1. [RULES.]
(a) The department shall manage and control each project approved and accepted
under section 84A.31. The department
may adopt and enforce rules for the purposes in section 84A.31, subdivision 1,
for the prevention of forest fires in the projects, and for the sale of
merchantable timber from lands acquired by the state in the projects when, in
the opinion of the department, the timber may be sold and removed without
damage to the purposes of the projects.
Rules must not interfere with, destroy, or damage any privately owned
property without just compensation being made to the owner of the private
property by purchase or in lawful condemnation proceedings. The rules may relate to the care,
preservation, protection, breeding, propagation, and disposition of any species
of wildlife in the projects and the regulation, issuance, sale, and revocation
of special licenses or special permits for hunting, fishing, camping, or other
uses of these areas consistent with applicable state law.
(b) The department may provide for the policing of each
project as necessary for the proper development, use, and protection of the
project, and of its purpose. Supervisors,
guards, custodians, and caretakers assigned to duty in a project have the
powers of peace officers while employed by the department The
commissioner of natural resources may employ and designate individuals
according to section 85.04 to enforce laws governing the use of the
projects.
(c) Lands within the project are subject to these rules,
whether owned by the state, or privately, consistent with the constitutional
rights of the private owners or with applicable state law. The department may exclude from the
operation of the rules any lands owned by private individuals upon which taxes
are delinquent for three years or less.
Rules must be published once in the official newspaper of each county
affected and take effect 30 days after publication. They must also be posted on each of the four corners of each
township of each project affected.
(d) In the management, operation, and control of areas taken
for afforestation, reforestation, flood control projects, and wild game and
fishing reserves, nothing shall be done that will in any manner obstruct or
interfere with the operation of ditches or drainage systems existing within the
areas, or damage or destroy existing roads or highways within these areas or
projects, unless the ditches, drainage systems, roads, or highways are first
taken under the right of eminent domain and compensation made to the property
owners and municipalities affected and damaged. Each area or project shall contribute from the funds of the
project, in proportion of the state land within the project, for the
construction and maintenance of roads and highways necessary within the areas
and projects to give the settlers and private owners within them access to
their land. The department may
construct and maintain roads and highways within the areas and projects as it
considers necessary.
Sec. 34. Minnesota
Statutes 2002, section 84A.55, subdivision 8, is amended to read:
Subd. 8. [POLICING.]
The commissioner may police the game preserves, areas, and projects as
necessary to carry out this section. Persons
assigned to the policing have the powers of police officers while so engaged
The commissioner may employ and designate individuals according to
section 85.04 to enforce laws governing the use of the game preserves,
areas, and projects.
Sec. 35. [84B.12]
[CITIZENS COUNCIL ON VOYAGEURS NATIONAL PARK.]
(a) The governor may appoint, except for the legislative
members, a citizens council on Voyageurs National Park, consisting of
17 members as follows:
(1) four residents of Koochiching county;
(2) four residents of St. Louis county;
(3) five residents of the state, at large, from outside Koochiching
and St. Louis counties;
(4) two members of the senate to be appointed by the committee
on committees;
(5) two members of the house of representatives to be appointed
by the speaker of the house.
(b) The governor shall designate one of the appointees to
serve as chair and the committee may elect other officers that it
considers necessary. Members shall be
appointed so as to represent differing viewpoints and interest groups on
the facilities included in and around the park. Legislative members shall serve for
the term of the legislative office to which they were elected. The terms, compensation and removal of nonlegislative
members of the council are as provided in section 15.059. Notwithstanding section 15.059, subdivision
5, the council shall continue to exist.
(c) The executive committee of the council consists of the
(d) The committee shall conduct meetings and research into
all matters related to the establishment and operation of Voyageurs
National Park, and shall make such recommendations to the United States
National Park Service and other federal and state agencies concerned
regarding operation of the park as the committee deems advisable. A copy of each recommendation shall be
filed with the legislative reference library.
Subject to the availability of legislative appropriation or other
funding, the committee may employ staff and may contract for consulting
services relating to matters within its authority.
(e) Money appropriated to provide the payments prescribed
by this section is appropriated to the commissioner of administration.
Sec. 36. Minnesota
Statutes 2002, section 84D.14, is amended to read:
84D.14 [EXEMPTIONS.]
This chapter does not apply to:
(1) pathogens and terrestrial arthropods regulated under
sections 18.44 to 18.61; or
(2) mammals and birds defined by statute as livestock.
Sec. 37. Minnesota
Statutes 2002, section 85.04, is amended to read:
85.04 [ENFORCEMENT EMPLOYEES AS PEACE OFFICERS.]
Subdivision 1.
[PEACE OFFICER EMPLOYMENT.] All supervisors, guards, custodians,
keepers, and caretakers The commissioner of natural resources may
employ peace officers as defined under section 626.84, subdivision 1,
paragraph (c), to enforce laws governing the use of state parks,
state monuments, state recreation areas, and state waysides shall have and
possess the authority and powers of peace officers while in their employment.
Subd. 2. [OTHER
EMPLOYEES.] The commissioner may designate employees to monitor laws
governing the use of state parks, state monuments, state recreation
areas, state waysides, and state forest subareas. The employees shall:
(1) have citizen arrest powers as defined in sections 629.37
to 629.39;
(2) issue warning citations on a form prescribed by the commissioner
for petty misdemeanor violations and misdemeanor offenses; and
(3) issue a report of violation to be turned over to a conservation
officer or other peace officer, as defined under section 626.84,
subdivision 1, paragraph (c), for possible charges at the peace
officer's discretion.
Subd. 3.
[CITATION AUTHORITY.] Employees under subdivision 2, when
designated by the commissioner, may issue citations in lieu of arrest
for violations of section 85.45 and Minnesota Rules, parts 6100.0600;
6100.0900; 6100.1000; 6100.1100; 6100.1200; 6100.1250; 6100.1350; 6100.1355;
6100.1600; 6100.1650; 6100.1700; 6100.1710; 6100.1900, subpart 2; 6320.0250,
subparts 5, 7, 11, 15, 16, 19, and 22; and 6230.0500 to 6230.1100.
Sec. 38. Minnesota
Statutes 2002, section 85.052, subdivision 3, is amended to read:
Subd. 3. [FEE FOR
CERTAIN PARKING AND CAMPSITE USE.] (a) An individual using spaces in state
parks under subdivision 1, clause (2), shall be charged daily rates determined
and set by the commissioner in a manner and amount consistent with the type of
facility provided for the accommodation of guests in a particular park and with
similar facilities offered for tourist camping and similar use in the area.
(b) The fee for special parking spurs, campgrounds for
automobiles, sites for tent camping, and special auto trailer coach parking
spaces is one-half of the fee set in paragraph (a) on Sunday through Thursday
of each week for a physically handicapped person:
(1) an individual age 65 or over who is a resident of the
state and who furnishes satisfactory proof of age and residence;
(2) a physically handicapped person with a motor vehicle
that has special plates issued under section 168.021, subdivision 1; or
(3) a physically handicapped person (2) who
possesses a certificate issued under section 169.345, subdivision 3.
Sec. 39. Minnesota
Statutes 2002, section 85.053, subdivision 1, is amended to read:
Subdivision 1. [FORM,
ISSUANCE, VALIDITY.] (a) The commissioner shall prepare and provide state park
permits for each calendar year that state a motor vehicle may enter and use
state parks, state recreation areas, and state waysides over 50 acres in
area. State park permits must be
available and placed on sale by October January 1 of the year
preceding the calendar year that the permit is valid. A separate motorcycle permit may be
prepared and provided by the commissioner.
(b) An annual state park permit must be affixed when purchased
and may be used from the time it is affixed for a 12-month period. State park permits in each category must be
numbered consecutively for each year of issue.
(c) State park permits shall be issued by employees of the
division of parks and recreation as designated by the commissioner. State park permits also may be consigned to
and issued by agents designated by the commissioner who are not employees of
the division of parks and recreation.
All proceeds from the sale of permits and all unsold permits consigned
to agents shall be returned to the commissioner at such times as the commissioner
may direct, but no later than the end of the calendar year for which the
permits are effective. No part of the
permit fee may be retained by an agent.
An additional charge or fee in an amount to be determined by the
commissioner, but not to exceed four percent of the price of the permit, may be
collected and retained by an agent for handling or selling the permits.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 40. Minnesota
Statutes 2002, section 85.055, subdivision 1, is amended to read:
Subdivision 1. [FEES.]
The fee for state park permits for:
(1) an annual use of state parks is $20 $25;
(2) a second vehicle state park permit is $15 $18;
(3) a state park permit valid for one day is $4 $7;
(4) a daily vehicle state park permit for
groups is $2 $5;
(5) an employee's state park permit is without charge; and
(6) a state park permit for handicapped persons under section
85.053, subdivision 7, clauses (1) and (2), is $12.
The fees specified in this subdivision include any sales tax
required by state law.
Sec. 41. Minnesota
Statutes 2002, section 85A.02, subdivision 17, is amended to read:
Subd. 17. [ADDITIONAL
POWERS.] The board may establish a schedule of charges for admission to or the
use of the Minnesota zoological garden or any related facility. Notwithstanding section 16A.1283,
legislative approval is not required for the board to establish a schedule of
charges for admission or use of the Minnesota zoological garden or related
facilities. The board shall have a
policy admitting elementary school children at no a reduced
charge when they are part of an organized school activity. The Minnesota zoological garden will offer
free admission throughout the year to economically disadvantaged Minnesota
citizens equal to ten percent of the average annual attendance. However, the zoo may charge at any time for
parking, special services, and for admission to special facilities for the
education, entertainment, or convenience of visitors. Notwithstanding section 16C.09, the board may provide for
the purchase, reproduction, and sale of gifts, souvenirs, publications,
informational materials, food and beverages, and grant concessions for the sale
of these items.
Sec. 42. Minnesota
Statutes 2002, section 88.17, subdivision 1, is amended to read:
Subdivision 1. [PERMIT
REQUIRED.] A permit to start a fire to burn vegetative materials and other
materials allowed by Minnesota Statutes or official state rules and regulations
may be given by the commissioner or the commissioner's agent. This permission shall be in the form of:
(1) a written permit signed issued by a
forest officer, or fire warden, authorized Minnesota pollution
control agent, or other person authorized by the forest officer, or town
fire warden, and commissioner; or
(2) an electronic permit issued by a department of natural
resources office or an authorized department of natural resources
electronic license agent.
Burning permits shall set the time and conditions by
which the fire may be started and burned.
The permit shall also specifically list the materials that may be
burned. The permittee must have the
permit on their person and shall produce the permit for inspection when
requested to do so by a forest officer, town fire warden, conservation officer,
or other peace officer. The permittee
shall remain with the fire at all times and before leaving the site shall
completely extinguish the fire. A
person shall not start or cause a fire to be started on any land that is not
owned or under their legal control without the written permission of the owner,
lessee, or an agent of the owner or lessee of the land. Violating or exceeding the permit conditions
shall constitute a misdemeanor and shall be cause for the permit to be revoked.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 43. Minnesota
Statutes 2002, section 88.17, is amended by adding a subdivision to read:
Subd. 2a.
[PERMIT FEES.] The annual fee for an electronic burning permit
is $6 for a single burning event, $12 for up to four burning events, and
$50 for an expanded use burning permit, which includes more burning
events or extended burning conditions.
Money received from permits issued under this section must be
deposited in the state treasury and credited to the special revenue fund
and is annually appropriated to the commissioner of natural resources
for the costs of operating the electronic burning permit system. The commissioner shall allow an
issuing fee of $1, included in the fees in this subdivision, to be
retained by the permit agent as a commission for selling the permits.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 44. Minnesota
Statutes 2002, section 97A.015, subdivision 24, is amended to read:
Subd. 24. [GAME BIRDS.]
"Game birds" means migratory waterfowl, pheasant, ruffed grouse,
sharp-tailed grouse, Canada spruce grouse, prairie chickens, gray partridge,
bob-white quail, turkeys, coots, gallinules, sora and Virginia rails, American
woodcock, and common snipe, and mourning doves.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 45. Minnesota
Statutes 2002, section 97A.015, subdivision 52, is amended to read:
Subd. 52. [UNPROTECTED
BIRDS.] "Unprotected birds" means English sparrow, blackbird,
starling, magpie, cormorant, common pigeon, chukar partridge, quail other than
bob-white quail, mute swan, and great horned owl, and Eurasian
collared-dove.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 46. Minnesota
Statutes 2002, section 97A.045, subdivision 7, is amended to read:
Subd. 7. [DUTY TO
ENCOURAGE STAMP DESIGN AND PURCHASES.] (a) The commissioner shall encourage the
purchase of:
(1) Minnesota migratory waterfowl stamps by nonhunters
interested in migratory waterfowl preservation and habitat development;
(2) pheasant stamps by persons interested in pheasant habitat
improvement;
(3) trout and salmon stamps by persons interested in trout and
salmon stream and lake improvement; and
(4) turkey stamps by persons interested in wild turkey
management and habitat improvement; and
(5) mourning dove stamps by persons interested in dove management
and habitat improvement.
(b) The commissioner shall make rules governing contests for
selecting a design for each stamp, including those stamps not required to be in
possession while taking game or fish.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 47. Minnesota
Statutes 2002, section 97A.045, is amended by adding a subdivision to read:
Subd. 11. [POWER
TO PREVENT OR CONTROL WILDLIFE DISEASE.] (a) If the commissioner determines
that action is necessary to prevent or control a wildlife disease, the
commissioner may prevent or control wildlife disease in a species of
wild animal in addition to the protection provided by the game and fish
laws by further limiting, closing, expanding, or opening seasons or
areas of the state; by reducing or increasing limits in areas of the
state; by establishing disease management zones; by authorizing free
licenses; by allowing shooting from motor vehicles
by persons designated by the commissioner; by issuing replacement
licenses for sick animals; by requiring sample collection from
hunter-harvested animals; by limiting wild animal possession,
transportation, and disposition; and by restricting wildlife feeding.
(b) The commissioner may prevent or control wildlife disease
in a species of wild animal in the state by emergency rule adopted under
section 84.027, subdivision 13.
Sec. 48. Minnesota
Statutes 2002, section 97A.071, subdivision 2, is amended to read:
Subd. 2. [REVENUE FROM
THE SMALL GAME LICENSE SURCHARGE AND LIFETIME LICENSES.] Revenue from the small
game surcharge and $4 $6.50 annually from the lifetime fish and
wildlife trust fund, established in section 97A.4742, for each license issued
under sections 97A.473, subdivisions 3 and 5, and 97A.474, subdivision 3, shall
be credited to the wildlife acquisition account and the money in the account
shall be used by the commissioner only for the purposes of this section, and
acquisition and development of wildlife lands under section 97A.145 and
maintenance of the lands, in accordance with appropriations made by the
legislature.
[EFFECTIVE DATE.] This
section is effective March 1, 2004.
Sec. 49. Minnesota
Statutes 2002, section 97A.075, subdivision 1, is amended to read:
Subdivision 1. [DEER,
BEAR, AND LIFETIME LICENSES.] (a) For purposes of this subdivision, "deer
license" means a license issued under section 97A.475, subdivisions 2,
clauses (4), (5), and (9), (11), (13), and (14), and 3, clauses
(2), (3), and (7), and licenses issued under section 97B.301, subdivision 4.
(b) At least $2 from each annual deer license and $2 annually
from the lifetime fish and wildlife trust fund, established in section
97A.4742, for each license issued under section 97A.473, subdivision 4, shall
be used for deer habitat improvement or deer management programs.
(c) At least $1 from each annual deer license and each bear
license and $1 annually from the lifetime fish and wildlife trust fund,
established in section 97A.4742, for each license issued under section 97A.473,
subdivision 4, shall be used for deer and bear management programs, including a
computerized licensing system. Fifty
cents from each deer license is appropriated for emergency deer feeding and wild
cervidae health management of chronic wasting disease. Money appropriated for emergency deer feeding
and management of chronic wasting disease wild cervidae health
management is available until expended. When the unencumbered balance in
the appropriation for emergency deer feeding and chronic wasting disease
wild cervidae health management at the end of a fiscal year
exceeds $1,500,000 $2,500,000 for the first time, $750,000 is
canceled to the unappropriated balance of the game and fish fund. The commissioner must inform the legislative
chairs of the natural resources finance committees every two years on how the
money for chronic wasting disease emergency deer feeding and wild
cervidae health management has been spent.
Thereafter, when the unencumbered balance in the appropriation
for emergency deer feeding and wild cervidae health management
exceeds $1,500,000 $2,500,000 at the end of a fiscal year, the
unencumbered balance in excess of $1,500,000 $2,500,000 is
canceled and available for deer and bear management programs and computerized
licensing.
Sec. 50. Minnesota
Statutes 2002, section 97A.075, subdivision 2, is amended to read:
Subd. 2. [MINNESOTA
MIGRATORY WATERFOWL STAMP.] (a) Ninety percent of the revenue from the
Minnesota migratory waterfowl stamps must be credited to the waterfowl habitat
improvement account. Money in the
account may be used only for:
(1) development of wetlands and lakes
in the state and designated waterfowl management lakes for maximum migratory
waterfowl production including habitat evaluation, the construction of dikes,
water control structures and impoundments, nest cover, rough fish barriers,
acquisition of sites and facilities necessary for development and management of
existing migratory waterfowl habitat and the designation of waters under
section 97A.101;
(2) management of migratory waterfowl;
(3) development, restoration, maintenance, or preservation of
migratory waterfowl habitat; and
(4) acquisition of and access to structure sites; and
(5) the promotion of waterfowl habitat development and maintenance,
including promotion and evaluation of government farm program benefits
for waterfowl habitat.
(b) Money in the account may not be used for costs unless they
are directly related to a specific parcel of land or body of water under
paragraph (a), clause (1), (3), or (4), or (5), or to specific
management activities under paragraph (a), clause (2).
Sec. 51. Minnesota
Statutes 2002, section 97A.075, subdivision 4, is amended to read:
Subd. 4. [PHEASANT
STAMP.] (a) Ninety percent of the revenue from pheasant stamps must be credited
to the pheasant habitat improvement account.
Money in the account may be used only for:
(1) the development, restoration, and maintenance of suitable
habitat for ringnecked pheasants on public and private land including the
establishment of nesting cover, winter cover, and reliable food sources;
(2) reimbursement of landowners for setting aside lands for
pheasant habitat;
(3) reimbursement of expenditures to provide pheasant habitat
on public and private land; and
(4) the promotion of pheasant habitat development and
maintenance, including promotion and evaluation of government farm program
benefits for pheasant habitat; and
(5) the acquisition of lands suitable for pheasant habitat
management and public hunting.
(b) Money in the account may not be used for:
(1) costs unless they are directly related to a specific parcel
of land under paragraph (a), clauses clause (1) to,
(3), or (5), or to specific promotional or evaluative activities under
paragraph (a), clause (4); or
(2) any personnel costs, except that prior to July 1, 2009,
personnel may be hired to provide technical and promotional assistance
for private landowners to implement conservation provisions of state and
federal programs.
Sec. 52. Minnesota
Statutes 2002, section 97A.075, is amended by adding a subdivision to read:
Subd. 6.
[MOURNING DOVE STAMPS.] (a) 90 percent of revenue from
mourning dove stamps must be credited to the mourning dove habitat
improvement account. Money in the
account may be used only for:
(1) the development, restoration, and maintenance of suitable
habitat for mourning doves on public and private land including
establishment of nesting cover and reliable food sources;
(2) acquisitions of, or easements on, mourning dove habitat;
(3) reimbursement of expenditures to provide mourning dove
habitat on public and private land; and
(4) the promotion of mourning dove habitat development and
maintenance, population surveys and monitoring, and research.
(b) Money in the account may not be used for:
(1) costs unless they are directly related to a specific
parcel of land under paragraph (a), clauses (1) to (3), or to specific
promotional or evaluative activities under paragraph (a), clause (4); or
(2) any permanent personnel costs.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 53. Minnesota
Statutes 2002, section 97A.105, subdivision 1, is amended to read:
Subdivision 1. [LICENSE
REQUIREMENTS.] (a) A person may breed and propagate fur-bearing animals, game
birds, bear, moose, elk, caribou, or mute swans, or deer
only on privately owned or leased land and after obtaining a license. Any of the permitted animals on a game farm
may be sold to other licensed game farms.
"Privately owned or leased land" includes waters that are
shallow or marshy, are not actually navigable, and are not of substantial
beneficial public use. Before an
application for a license is considered, the applicant must enclose the area to
sufficiently confine the animals to be raised in a manner approved by the
commissioner. A license may be granted
only if the commissioner finds the application is made in good faith with
intention to actually carry on the business described in the application and
the commissioner determines that the facilities are adequate for the business.
(b) A person may purchase live game birds or their eggs without
a license if the birds or eggs, or birds hatched from the eggs, are released
into the wild, consumed, or processed for consumption within one year after
they were purchased or hatched. This
paragraph does not apply to the purchase of migratory waterfowl or their eggs.
(c) A person may not introduce mute swans into the wild without
a permit issued by the commissioner.
[EFFECTIVE DATE.] This
section is effective January 1, 2004.
Sec. 54. Minnesota
Statutes 2002, section 97A.401, subdivision 3, is amended to read:
Subd. 3. [TAKING,
POSSESSING, AND TRANSPORTING WILD ANIMALS FOR CERTAIN PURPOSES.] (a) Except as
provided in paragraph (b), special permits may be issued without a fee to take,
possess, and transport wild animals as pets and for scientific, educational,
rehabilitative, wildlife disease prevention and control, and
exhibition purposes. The commissioner
shall prescribe the conditions for taking, possessing, transporting, and
disposing of the wild animals.
(b) A special permit may not be issued to take or possess wild
or native deer for exhibition or, propagation, or as pets.
(c) The commissioner shall establish criteria for issuing
special permits for persons to possess wild and native deer as pets.
Sec. 55. Minnesota
Statutes 2002, section 97A.411, subdivision 2, is amended to read:
Subd. 2. [SIGNATURE ON
STAMPS.] A migratory waterfowl, mourning dove, or pheasant stamp
issued under the game and fish laws must be signed by the licensee across the
front of the stamp to be valid.
Sec. 56. Minnesota
Statutes 2002, section 97A.441, subdivision 7, is amended to read:
Subd. 7. [OWNERS OR
TENANTS OF AGRICULTURAL LAND.] (a) The commissioner may issue, without a fee, a
license to take an antlerless deer to a person who is an owner or tenant and is
living and actively farming on at least 80 acres of agricultural land, as
defined in section 97B.001, in deer permit areas that have deer archery
licenses to take additional deer under section 97B.301, subdivision 4. A person may receive only one license per
year under this subdivision. For properties
with coowners or cotenants, only one coowner or cotenant may receive a license
under this subdivision per year. The
license issued under this subdivision is restricted to the land owned or leased
by the holder of the license within the permit area where the qualifying land
is located. The holder of the license
may transfer the license to the holder's spouse or dependent. Notwithstanding
sections 97A.415, subdivision 1, and 97B.301, subdivision 2, the holder of the
license may purchase an additional license for taking deer and may take an
additional deer under that license.
(b) A person who obtains a license under paragraph (a) must
allow public deer hunting on their land during that deer hunting season, with
the exception of the first Saturday and Sunday during the deer hunting season
applicable to the license issued under section 97A.475, subdivision 2, clause
clauses (4) and (13).
Sec. 57. Minnesota
Statutes 2002, section 97A.441, is amended by adding a subdivision to read:
Subd. 10.
[TAKING WILD ANIMALS FOR WILDLIFE DISEASE PREVENTION AND CONTROL.] The
commissioner may issue, without a fee, licenses to take wild animals for
the purposes of wildlife disease prevention and control.
Sec. 58. Minnesota
Statutes 2002, section 97A.475, subdivision 2, is amended to read:
Subd. 2. [RESIDENT
HUNTING.] Fees for the following licenses, to be issued to residents only, are:
(1) for persons age 18 or over and under age 65 to take
small game, $12 $12.50;
(2) for persons age ages 16 and 17 and age 65 or
over, $6 to take small game;
(3) to take turkey, $18;
(4) for persons age 16 or over to take deer with
firearms, $25 $26;
(5) for persons age 16 or over to take deer by archery, $25
$26;
(6) to take moose, for a party of not more than six persons,
$310;
(7) to take bear, $38;
(8) to take elk, for a party of not more than two persons,
$250;
(9) to take antlered deer in more than one zone, $50 $52;
(10) to take Canada geese during a special season, $4;
(11) to take two deer throughout the state in any open deer
season, except as restricted under section 97B.305, $75 $78; and
(12) to take prairie chickens, $20;
(13) for persons at least age 12 and under age 16 to take
deer with firearms, $13; and
(14) for persons at least age 12 and under age 16 to take
deer by archery, $13.
[EFFECTIVE DATES.] Clauses
(4), (5), (9), (11), (13), and (14), are effective August 1, 2003. Clauses (1) and (2) are effective
March 1, 2004.
Sec. 59. Minnesota
Statutes 2002, section 97A.475, subdivision 3, is amended to read:
Subd. 3. [NONRESIDENT
HUNTING.] Fees for the following licenses, to be issued to nonresidents, are:
(1) to take small game, $73;
(2) to take deer with firearms, $125 $135;
(3) to take deer by archery, $125 $135;
(4) to take bear, $195;
(5) to take turkey, $73;
(6) to take raccoon, bobcat, fox, coyote, or lynx, $155;
(7) to take antlered deer in more than one zone, $250 $270;
and
(8) to take Canada geese during a special season, $4.
[EFFECTIVE DATE.] This
section is effective August 1, 2003.
Sec. 60. Minnesota
Statutes 2002, section 97A.475, subdivision 4, is amended to read:
Subd. 4. [SMALL GAME
SURCHARGE.] Fees for annual licenses to take small game must be increased by a
surcharge of $4 $6.50. An
additional commission may not be assessed on the surcharge and this must be
stated on the back of the license with the following statement must be
included in the annual small game hunting regulations: "This $4 $6.50 surcharge
is being paid by hunters for the acquisition and development of wildlife
lands."
[EFFECTIVE DATE.] This
section is effective March 1, 2004.
Sec. 61. Minnesota
Statutes 2002, section 97A.475, subdivision 5, is amended to read:
Subd. 5. [HUNTING
STAMPS.] Fees for the following stamps and stamp validations are:
(1) migratory waterfowl stamp, $5 $7.50;
(2) pheasant stamp, $5 $7.50; and
(3) turkey stamp validation, $5; and
(4) mourning dove stamp, $7.50.
[EFFECTIVE DATE.] Clauses
(1) to (3) are effective March 1, 2004.
Clause (4) is effective the day following final enactment.
Sec. 62. Minnesota
Statutes 2002, section 97A.475, subdivision 10, is amended to read:
Subd. 10. [TROUT AND
SALMON STAMP VALIDATION.] The fee for a trout and salmon stamp validation is $8.50
$10.
[EFFECTIVE DATE.] This
section is effective March 1, 2004.
Sec. 63. Minnesota
Statutes 2002, section 97A.475, subdivision 15, is amended to read:
Subd. 15. [FISHING
GUIDES.] The fee for a license to operate a charter boat and guide anglers on
Lake Superior or the St. Louis river estuary is:
(1) for a resident, $35 $125;
(2) for a nonresident, $140 $400; or
(3) if another state charges a Minnesota resident a fee greater
than $140 $440 for a Lake Superior or St. Louis river estuary
fishing guide license in that state, the nonresident fee for a resident of that
state is that greater fee.
[EFFECTIVE DATE.] This
section is effective March 1, 2004.
Sec. 64. Minnesota
Statutes 2002, section 97A.475, subdivision 26, is amended to read:
Subd. 26. [MINNOW
DEALERS.] The fees for the following licenses are:
(1) minnow dealer, $100 $310;
(2) minnow dealer's vehicle, $15;
(3) exporting minnow dealer, $350 $700; and
(4) exporting minnow dealer's vehicle, $15.
[EFFECTIVE DATE.] This
section is effective March 1, 2004.
Sec. 65. Minnesota
Statutes 2002, section 97A.475, subdivision 27, is amended to read:
Subd. 27. [MINNOW
RETAILERS.] The fees for the following licenses, to be issued to residents and
nonresidents, are:
(1) minnow retailer, $15 $47; and
(2) minnow retailer's vehicle, $15.
[EFFECTIVE DATE.] This
section is effective March 1, 2004.
Sec. 66. Minnesota
Statutes 2002, section 97A.475, subdivision 28, is amended to read:
Subd. 28. [NONRESIDENT
MINNOW HAULERS.] The fees for the following licenses, to be issued to
nonresidents, are:
(1) exporting minnow hauler, $675 $1,000; and
(2) exporting minnow hauler's vehicle, $15.
[EFFECTIVE DATE.] This
section is effective March 1, 2004.
Sec. 67. Minnesota
Statutes 2002, section 97A.475, subdivision 29, is amended to read:
Subd. 29. [PRIVATE FISH
HATCHERIES.] The fees for the following licenses to be issued to residents and
nonresidents are:
(1) for a private fish hatchery, with annual sales under $200, $35
$70;
(2) for a private fish hatchery, with annual sales of $200 or
more, $70 $210; and
(3) to take sucker eggs from public waters for a private fish
hatchery, $210 $400, plus $4 $6 for each quart in
excess of 100 quarts.
[EFFECTIVE DATE.] This
section is effective March 1, 2004.
Sec. 68. Minnesota
Statutes 2002, section 97A.475, subdivision 30, is amended to read:
Subd. 30. [COMMERCIAL
NETTING OF FISH.] The fees to take commercial fish are:
(1) commercial license fees:
(i) for residents and nonresidents seining and netting in
inland waters, $90 $120;
(ii) for residents netting in Lake Superior, $50 $120;
(iii) for residents netting in Lake of the Woods, Rainy,
Namakan, and Sand Point lakes, $50 $120;
(iv) for residents seining in the Mississippi River from St.
Anthony Falls to the St. Croix River junction, $50 $120;
(v) for residents seining, netting, and set lining in Wisconsin
boundary waters from Lake St. Croix to the Iowa border, $50 $120;
and
(vi) for a resident apprentice license, $25 $55;
and
(2) commercial gear fees:
(i) for each gill net in Lake Superior, Wisconsin boundary
waters, and Namakan Lake, $3.50 $5 per 100 feet of net;
(ii) for each seine in inland waters,
on the Mississippi River as described in section 97C.801, subdivision 2, and in
Wisconsin boundary waters, $7 $9 per 100 feet;
(iii) for each commercial hoop net in inland waters, $1.25
$2;
(iv) for each submerged fyke, trap, and hoop net in Lake
Superior, St. Louis Estuary, Lake of the Woods, and Rainy, Namakan, and Sand
Point lakes, and for each pound net in Lake Superior, $15 $20;
(v) for each stake and pound net in Lake of the Woods, $60
$90; and
(vi) for each set line in the Wisconsin boundary waters, $20
$45.
[EFFECTIVE DATE.] This
section is effective March 1, 2004.
Sec. 69. Minnesota
Statutes 2002, section 97A.475, subdivision 38, is amended to read:
Subd. 38. [FISH
BUYERS.] The fees for licenses to buy fish from commercial fishing licensees to
be issued residents and nonresidents are:
(1) for Lake Superior fish bought for sale to retailers, $70
$150;
(2) for Lake Superior fish bought for sale to consumers, $15
$35;
(3) for Lake of the Woods, Namakan, Sand Point, and Rainy Lake
fish bought for sale to retailers, $140 $300; and
(4) for Lake of the Woods, Namakan, Sand Point, and Rainy Lake
fish bought for shipment only on international boundary waters, $15 $35.
[EFFECTIVE DATE.] This
section is effective March 1, 2004.
Sec. 70. Minnesota
Statutes 2002, section 97A.475, subdivision 39, is amended to read:
Subd. 39. [FISH
PACKER.] The fee for a license to prepare dressed game fish for transportation
or shipment is $20 $40.
[EFFECTIVE DATE.] This
section is effective March 1, 2004.
Sec. 71. Minnesota
Statutes 2002, section 97A.475, subdivision 40, is amended to read:
Subd. 40. [FISH
VENDORS.] The fee for a license to use a motor vehicle to sell fish is $35
$70.
[EFFECTIVE DATE.] This
section is effective March 1, 2004.
Sec. 72. Minnesota
Statutes 2002, section 97A.475, subdivision 42, is amended to read:
Subd. 42. [FROG
DEALERS.] The fee for the licenses to deal in frogs that are to be used for
purposes other than bait are:
(1) for a resident to purchase, possess, and transport frogs, $100
$220;
(2) for a nonresident to purchase,
possess, and transport frogs, $280 $550; and
(3) for a resident to take, possess, transport, and sell frogs,
$15 $35.
[EFFECTIVE DATE.] This
section is effective March 1, 2004.
Sec. 73. Minnesota
Statutes 2002, section 97A.475, is amended by adding a subdivision to read:
Subd. 45. [CAMP
RIPLEY ARCHERY DEER HUNT.] The application fee for the Camp Ripley
archery deer hunt is $8.
Sec. 74. Minnesota
Statutes 2002, section 97A.505, is amended by adding a subdivision to read:
Subd. 8.
[IMPORTATION OF HUNTER-HARVESTED CERVIDAE.] Importation into
Minnesota of hunter-harvested cervidae carcasses is prohibited except
for cut and wrapped meat, quarters or other portions of meat with no
part of the spinal column or head attached, antlers, hides, teeth,
finished taxidermy mounts, and antlers attached to skull caps that are
cleaned of all brain tissue.
Sec. 75. Minnesota
Statutes 2002, section 97A.505, is amended by adding a subdivision to read:
Subd. 9.
[POSSESSION OF LIVE CERVIDAE.] A person may not possess live
cervidae, except as authorized in sections 17.451 and 17.452 or 97A.401.
[EFFECTIVE DATE.] This
section is effective January 1, 2004.
Sec. 76. Minnesota
Statutes 2002, section 97B.311, is amended to read:
97B.311 [DEER SEASONS AND RESTRICTIONS.]
(a) The commissioner may, by rule, prescribe restrictions and
designate areas where deer may be taken, including hunter selection criteria
for special hunts established under section 97A.401, subdivision 4. The commissioner may, by rule, prescribe the
open seasons for deer within the following periods:
(1) taking with firearms, other than muzzle-loading firearms,
between November 1 and December 15;
(2) taking with muzzle-loading firearms between September 1 and
December 31; and
(3) taking by archery between September 1 and December 31.
(b) Notwithstanding paragraph (a), the commissioner may
establish special seasons within designated areas between September 1 and
January 15 at any time of year.
Sec. 77. [97B.717]
[MOURNING DOVES.]
Subdivision 1.
[SEASON.] The commissioner shall prescribe an open season for
taking mourning doves.
Subd. 2.
[LICENSE AND STAMP REQUIRED.] A person may not take mourning
doves without a small game license and a mourning dove stamp in
possession.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 78. Minnesota Statutes 2002, section 103B.231, subdivision 3a, is
amended to read:
Subd. 3a. [PRIORITY
SCHEDULE.] (a) The board of water and soil resources in consultation with the
state review agencies and the metropolitan council shall may
develop a priority schedule for the revision of plans required under this
chapter.
(b) The prioritization should be based on but not be limited to
status of current plan, scheduled revision dates, anticipated growth and
development, existing and potential problems, and regional water quality goals
and priorities.
(c) The schedule will be used by the board of water and soil
resources in consultation with the state review agencies and the metropolitan
council to direct watershed management organizations of when they will be
required to revise their plans.
(d) Upon notification from the board of water and soil
resources that a revision of a plan is required, a watershed management
organization shall have 24 months from the date of notification to revise and
submit a plan for review.
(e) In the event that a plan expires prior to
notification from the board of water and soil resources under this section, the
existing plan, authorities, and official controls of a watershed management
organization shall remain in full force and effect until a revision is
approved.
(f) A one-year extension to submit a revised plan may be
granted by the board.
(g) (e) Watershed management organizations
submitting plans and draft plan amendments for review prior to the board's
priority review schedule, may proceed to adopt and implement the plan revisions
without formal board approval if the board fails to adjust its priority review
schedule for plan review, and commence its statutory review process within 45
days of submittal of the plan revision or amendment.
Sec. 79. Minnesota
Statutes 2002, section 103B.305, subdivision 3, is amended to read:
Subd. 3. [COMPREHENSIVE
LOCAL WATER MANAGEMENT PLAN.] "Comprehensive local
water management plan," means "comprehensive
water plan," "local water plan," and "local water management
plan" mean the plan adopted by a county under sections 103B.311 and
103B.315.
Sec. 80. Minnesota
Statutes 2002, section 103B.305, is amended by adding a subdivision to read:
Subd. 7a. [PLAN
AUTHORITY.] "Plan authority" means those local government
units coordinating planning under sections 103B.301 to 103B.335.
Sec. 81. Minnesota
Statutes 2002, section 103B.305, is amended by adding a subdivision to read:
Subd. 7b.
[PRIORITY CONCERNS.] "Priority concerns" means issues,
resources, subwatersheds, or demographic areas that are identified as a
priority by the plan authority.
Sec. 82. Minnesota
Statutes 2002, section 103B.305, is amended by adding a subdivision to read:
Subd. 7c.
[PRIORITY CONCERNS SCOPING DOCUMENT.] "Priority concerns
scoping document" means the list of the chosen priority concerns
and a detailed account of how those concerns were identified and chosen.
Sec. 83. Minnesota Statutes 2002, section 103B.305, is amended by adding a
subdivision to read:
Subd. 8a. [STATE
REVIEW AGENCIES.] "State review agencies" means the board
of water and soil resources, the department of agriculture, the
department of health, the department of natural resources, the pollution
control agency, and other agencies granted state review status by a
resolution of the board.
Sec. 84. Minnesota
Statutes 2002, section 103B.311, subdivision 1, is amended to read:
Subdivision 1. [COUNTY
DUTIES.] Each county is encouraged to develop and implement a comprehensive
local water management plan.
Each county that develops and implements a plan has the duty and
authority to:
(1) prepare and adopt a comprehensive local water
management plan that meets the requirements of this section and section
103B.315;
(2) review water and related land resources plans and official
controls submitted by local units of government to assure consistency with the comprehensive
local water management plan; and
(3) exercise any and all powers necessary to assure
implementation of comprehensive local water management
plans.
Sec. 85. Minnesota
Statutes 2002, section 103B.311, subdivision 2, is amended to read:
Subd. 2. [DELEGATION.]
The county is responsible for preparing, adopting, and assuring implementation
of the comprehensive local water management plan, but may
delegate all or part of the preparation of the plan to a local unit of
government, a regional development commission, or a resource conservation and
development committee. The county may
not delegate authority for the exercise of eminent domain, taxation, or
assessment to a local unit of government that does not possess those powers.
Sec. 86. Minnesota
Statutes 2002, section 103B.311, subdivision 3, is amended to read:
Subd. 3.
[COORDINATION.] (a) To assure the coordination of efforts of all local
units of government within a county during the preparation and implementation
of a comprehensive local water management plan, each
county intending to adopt a plan shall conduct meetings with other local units
of government and may execute agreements with other local units of government
establishing the responsibilities of each unit during the preparation and
implementation of the comprehensive local water management
plan.
(b) Each county intending to adopt a plan shall coordinate its
planning program with contiguous counties.
Before meeting with local units of government, a county board shall
notify the county boards of each county contiguous to it that the county is
about to begin preparing its comprehensive local water management
plan and is encouraged to request and hold a joint meeting with the contiguous
county boards to consider the planning process.
Sec. 87. Minnesota
Statutes 2002, section 103B.311, subdivision 4, is amended to read:
Subd. 4. [WATER PLAN
REQUIREMENTS.] (a) A comprehensive local water management
plan must:
(1) cover the entire area within a county;
(2) address water problems in the context of watershed units
and groundwater systems;
(3) be based upon principles of sound hydrologic management of
water, effective environmental protection, and efficient management;
(4) be consistent with comprehensive local
water management plans prepared by counties and watershed management
organizations wholly or partially within a single watershed unit or groundwater
system; and
(5) the comprehensive local water management
plan must specify the period covered by the comprehensive local
water management plan and must extend at least five years but no more
than ten years from the date the board approves the comprehensive local
water management plan. Comprehensive Local water management
plans that contain revision dates inconsistent with this section must comply
with that date, provided it is not more than ten years beyond the date of board
approval. A two-year extension of the
revision date of a comprehensive local water management
plan may be granted by the board, provided no projects are ordered or commenced
during the period of the extension.
(b) Existing water and related land resources plans, including
plans related to agricultural land preservation programs developed pursuant to
chapter 40A, must be fully utilized in preparing the comprehensive local
water management plan.
Duplication of the existing plans is not required.
Sec. 88. [103B.312]
[IDENTIFYING PRIORITY CONCERNS.]
Each priority concerns scoping document must contain:
(1) the list of proposed priority concerns the plan will
address; and
(2) a description of how and why the priority concerns were
chosen, including:
(i) a list of all public and internal forums held to gather
input regarding priority concerns, including the dates they were held,
a list of participants and affiliated organizations, a summary of the
proceedings, and supporting data;
(ii) the process used to locally coordinate and resolve differences
between the plan's priority concerns and other state, local, and
regional concerns; and
(iii) a list of issues identified by the stakeholders but
not selected as priority concerns, why they were not included in the
list of priority concerns, and a brief description of how the concerns
may be addressed or delegated to other partnering entities.
Sec. 89. [103B.313]
[PLAN DEVELOPMENT.]
Subdivision 1.
[NOTICE OF PLAN REVISION.] The local water management plan
authority shall send a notice to local government units partially or
wholly within the planning jurisdiction, adjacent counties, and state
review agencies of their intent to revise the local water management
plan. The notice of a plan
revision must include an invitation for all recipients to submit
priority concerns they wish to see the plan address.
Subd. 2.
[SUBMITTING PRIORITY CONCERNS TO PLANNING AUTHORITY.] Local
governments and state review agencies must submit the priority concerns
they want the plan to address to the plan authority within 45 days of
receiving the notice defined in subdivision 1 or within an otherwise
agreed-upon time frame.
Subd. 3. [PUBLIC
INFORMATION MEETING.] Before submitting the priority concerns scoping
document to the board, the plan authority shall publish a legal notice
for and conduct a public information meeting.
Subd. 4.
[SUBMITTAL OF PRIORITY CONCERNS SCOPING DOCUMENT TO BOARD.] The plan
authority shall send the scoping document to all state review agencies
for review and comment. State review
agencies shall provide comments on the plan outline to the board within
30 days of receipt.
Subd. 5.
Subd. 6.
[REQUESTS FOR EXISTING AGENCY INFORMATION RELEVANT TO PRIORITY CONCERNS
SCOPING DOCUMENT.] The state review agencies shall, upon request from
the local government, provide existing plans, reports, and data analysis
related to priority concerns to the plan author within 60 days from the
date of the request or within an otherwise agreed upon time frame.
Sec. 90. [103B.314]
[CONTENTS OF PLAN.]
Subdivision 1.
[EXECUTIVE SUMMARY.] Each plan must have an executive summary,
including:
(1) the purpose of the local water management plan;
(2) a description of the priority concerns to be addressed
by the plan;
(3) a summary of goals and actions to be taken along with
the projected total cost of the implementation program;
(4) a summary of the consistency of the plan with other pertinent
local, state, and regional plans and controls, and where inconsistencies
are noted; and
(5) a summary of recommended amendments to other plans and
official controls to achieve consistency.
Subd. 2.
[ASSESSMENT OF PRIORITY CONCERNS.] For each priority concern
defined pursuant to section 103B.312, clause (1), the plan shall analyze
relevant data, plans, and policies provided by agencies consistent with
section 103B.313, subdivision 6, and describe the magnitude of the
concern, including how the concern is impacting or changing the local
land and water resources.
Subd. 3. [GOALS
AND OBJECTIVES ADDRESSING PRIORITY CONCERNS.] Each plan must contain
specific measurable goals and objectives relating to the priority
concerns and other state, regional, or local concerns. The goals and objectives must coordinate
and attempt to resolve conflict with city, county, regional, or state
goals and policies.
Subd. 4.
[IMPLEMENTATION PROGRAM FOR PRIORITY CONCERNS.] (a) For the
measurable goals identified in subdivision 3, each plan must include an
implementation program that includes the items described in paragraphs
(b) to (e).
(b) An implementation program may include actions involving,
but not limited to, data collection programs, educational programs,
capital improvement projects, project feasibility studies, enforcement
strategies, amendments to existing official controls, and adoption of
new official controls. If the
local government finds that no actions are necessary to address the
goals and objectives identified in subdivision 3 it must explain why
actions are not needed. Staff and
financial resources available or needed to carry out the local water
management plan must be stated.
(c) The implementation schedule must state the time in which
each of the actions contained in the implementation program will be
taken.
(d) If a local government unit has made any agreement
for the implementation of the plan or portions of a plan by another local
unit of government, that local unit must be specified, the responsibility
indicated, and a description included indicating how and when the
implementation will happen.
(e) If capital improvement projects are proposed to implement
the local water management plan, the projects must be described in the
plan. The description of a proposed
capital improvement project must include the following information:
(1) the physical components of the project, including their
approximate size, configuration, and location;
(2) the purposes of the project and relationship to the objectives
in the plan;
(3) the proposed schedule for project construction;
(4) the expected federal, state, and local costs;
(5) the types of financing proposed, such as special assessments,
ad valorem taxes, and grants; and
(6) the sources of local financing proposed.
Subd. 5. [OTHER
WATER MANAGEMENT RESPONSIBILITIES AND ACTIVITIES COORDINATED BY PLAN.] The
plan must also describe the actions that will be taken to carry out the
responsibilities or activities, identify the lead and supporting organizations
or government units that will be involved in carrying out the action,
and estimate the cost of each action.
Subd. 6.
[AMENDMENTS.] The plan authority may initiate an amendment to
the local water management plan by submitting a petition to the board
and sending copies of the proposed amendment and the date of the public
hearing to the following entities for review: local government units defined in section 103B.305,
subdivision 5, that are within the plan's jurisdiction; and the state
review agencies.
After the public hearing the board shall review the amendment
pursuant to section 103B.315, subdivision 5, paragraphs (b) and
(c). The amendment becomes part of the
local water management plan after being approved by the board. The board must send the order and the
approved amendment to the entities that received the proposed amendment
and notice of the public hearing.
Sec. 91. Minnesota
Statutes 2002, section 103B.315, subdivision 4, is amended to read:
Subd. 4. [PUBLIC
HEARING.] The county board shall conduct a public hearing on the comprehensive
local water management plan pursuant to section 375.51 after
the 60-day period for local review and comment is completed but before
submitting it to the state for review.
Sec. 92. Minnesota
Statutes 2002, section 103B.315, subdivision 5, is amended to read:
Subd. 5. [STATE
REVIEW.] (a) After conducting the public hearing but before final adoption, the
county board must submit its comprehensive local water management
plan, all written comments received on the plan, a record of the public hearing
under subdivision 4, and a summary of changes incorporated as a result of the
review process to the board for review.
The board shall complete the review within 90 days after receiving a comprehensive
local water management plan and supporting documents. The board shall consult with the departments
of agriculture, health, and natural resources; the pollution control agency;
the environmental quality board; and other appropriate state agencies during
the review.
(b) The board may disapprove a comprehensive local
water management plan if the board determines the plan is not consistent
with state law. If a plan is disapproved, the board shall provide a written
statement of its reasons for disapproval.
A disapproved comprehensive local water management
plan must be revised by the county board and resubmitted for approval by the
board within 120 days after receiving notice of disapproval of the comprehensive
local water management plan, unless the board extends the period
for good cause. The decision of the
board to disapprove the plan may be appealed by the county to district court.
(c) If the local government unit disagrees with the board's
decision to disapprove the plan, it may, within 60 days, initiate
mediation through the board's informal dispute resolution process as
established pursuant to section 103B.345, subdivision 1. A local government unit may appeal
disapproval to the court of appeals.
A decision of the board on appeal is subject to judicial review
under sections 14.63 to 14.69.
Sec. 93. Minnesota
Statutes 2002, section 103B.315, subdivision 6, is amended to read:
Subd. 6. [ADOPTION AND
IMPLEMENTATION.] A county board shall adopt and begin implementation of its comprehensive
local water management plan within 120 days after receiving
notice of approval of the plan from the board.
Sec. 94. Minnesota
Statutes 2002, section 103B.321, subdivision 1, is amended to read:
Subdivision 1.
[GENERAL.] The board shall:
(1) develop guidelines for the contents of comprehensive
local water management plans that provide for a flexible approach
to meeting the different water and related land resources needs of counties and
watersheds across the state;
(2) coordinate assistance of state agencies to counties and
other local units of government involved in preparation of comprehensive
local water management plans, including identification of
pertinent data and studies available from the state and federal government;
(3) conduct an active program of information and education
concerning the requirements and purposes of sections 103B.301 to 103B.355 in
conjunction with the association of Minnesota counties;
(4) determine contested cases under section 103B.345;
(5) establish a process for review of comprehensive local
water management plans that assures the plans are consistent with state
law; and
(6) report to the house of representatives and senate
committees with jurisdiction over the environment, natural resources, and agriculture
as required by section 103B.351; and
(7) make grants to counties for comprehensive
local water management planning, implementation of priority actions
identified in approved plans, and sealing of abandoned wells.
Sec. 95. Minnesota
Statutes 2002, section 103B.321, subdivision 2, is amended to read:
Subd. 2. [RULEMAKING.]
The board shall may adopt rules to implement sections 103B.301 to
103B.355.
Sec. 96. Minnesota
Statutes 2002, section 103B.325, subdivision 1, is amended to read:
Subdivision 1.
[REQUIREMENT.] Local units of government shall amend existing water and
related land resources plans and official controls as necessary to conform them
to the applicable, approved comprehensive local water management
plan following the procedures in this section.
Sec. 97. Minnesota
Statutes 2002, section 103B.325, subdivision 2, is amended to read:
Subd. 2. [PROCEDURE.]
Within 90 days after local units of government are notified by the county board
of the adoption of a comprehensive local water management
plan or of adoption of an amendment to a comprehensive water plan, the local
units of government exercising water and related land resources planning and
regulatory responsibility for areas within the county must submit existing
water and related land resources plans and official controls to the county
board for review. The county board
shall identify any inconsistency between the plans and controls and the comprehensive
local water management plan and shall recommend the amendments necessary
to bring local plans and official controls into conformance with the comprehensive
local water management plan.
Sec. 98. Minnesota
Statutes 2002, section 103B.331, subdivision 1, is amended to read:
Subdivision 1.
[AUTHORITY.] When an approved comprehensive local water management
plan is adopted the county has the authority specified in this section.
Sec. 99. Minnesota
Statutes 2002, section 103B.331, subdivision 2, is amended to read:
Subd. 2. [REGULATION OF
WATER AND LAND RESOURCES.] The county may regulate the use and development of
water and related land resources within incorporated areas when one or more of
the following conditions exists:
(1) the municipality does not have a local water and related
land resources plan or official controls consistent with the comprehensive
local water management plan;
(2) a municipal action granting a variance or conditional use
would result in an action inconsistent with the comprehensive local
water management plan;
(3) the municipality has authorized the county to require
permits for the use and development of water and related land resources; or
(4) a state agency has delegated the administration of a state
permit program to the county.
Sec. 100. Minnesota
Statutes 2002, section 103B.331, subdivision 3, is amended to read:
Subd. 3. [ACQUISITION
OF PROPERTY; ASSESSMENT OF COSTS.] A county may:
(1) acquire in the name of the county, by condemnation under
chapter 117, real and personal property found by the county board to be
necessary for the implementation of an approved comprehensive local
water management plan;
(2) assess the costs of projects necessary to implement the comprehensive
local water management plan undertaken under sections 103B.301 to
103B.355 upon the property benefited within the county in the manner provided
for municipalities by chapter 429;
(3) charge users for services provided
by the county necessary to implement the comprehensive local
water management plan; and
(4) establish one or more special taxing districts within the
county and issue bonds for the purpose of financing capital improvements under
sections 103B.301 to 103B.355.
Sec. 101. Minnesota
Statutes 2002, section 103B.3363, subdivision 3, is amended to read:
Subd. 3. [COMPREHENSIVE
LOCAL WATER MANAGEMENT PLAN.] "Comprehensive local water management
plan," means "comprehensive water plan,"
"local water plan," and "local water management
plan" mean a county water plan authorized under section 103B.311, a
watershed management plan required under section 103B.231, a watershed
management plan required under section 103D.401 or 103D.405, or a county
groundwater plan authorized under section 103B.255.
Sec. 102. Minnesota
Statutes 2002, section 103B.3369, subdivision 2, is amended to read:
Subd. 2.
[ESTABLISHMENT.] A Local Water Resources Protection and Management
Program is established. The board shall
may provide financial assistance to counties for local units
of government for activities that protect or manage water and related
land quality. The activities include
planning, zoning, official controls, and other activities to implement comprehensive
local water management plans.
Sec. 103. Minnesota
Statutes 2002, section 103B.3369, subdivision 4, is amended to read:
Subd. 4. [CONTRACTS WITH
LOCAL GOVERNMENTS.] A county local unit of government may
contract with other appropriate local units of government to implement
programs. An explanation of the program
responsibilities proposed to be contracted with other local units of
government must accompany grant requests. A county local unit of
government that contracts with other local units of government is
responsible for ensuring that state funds are properly expended and for
providing an annual report to the board describing expenditures of funds and
program accomplishments.
Sec. 104. Minnesota
Statutes 2002, section 103B.3369, subdivision 5, is amended to read:
Subd. 5. [FINANCIAL
ASSISTANCE.] The board may award grants to watershed management
organizations in the seven-county metropolitan area or counties to carry out
water resource protection and management programs identified as priorities in
comprehensive local water plans. Grants
may be used to employ persons and to obtain and use information necessary to:
(1) develop comprehensive local water plans under sections
103B.255 and 103B.311 that have not received state funding for water resources
planning as provided for in Laws 1987, chapter 404, section 30, subdivision 5,
clause (a);
(2) revise comprehensive local water plans under section
103B.201; and
(3) implement comprehensive local water plans.
A base grant shall may
be awarded to a county that levies a water implementation tax at a rate, which
shall be determined by the board. The
minimum amount of the water implementation tax shall be a tax rate times the
adjusted net tax capacity of the county for the preceding year. The rate shall be the rate, rounded to the
nearest .001 of a percent, that, when applied to the adjusted net tax capacity
for all counties, raises the amount of $1,500,000. The base grant will be in an amount equal to $37,500 less the
amount raised by that levy. If the
amount necessary to implement the local water plan for the county is less than
$37,500, the amount of the base grant shall be the amount that, when added to
the levy amount, equals the amount required to implement the plan. For counties where the tax rate generates an
amount equal to or greater than $18,750, the base grant shall be in an amount
equal to $18,750.
Sec. 105. Minnesota Statutes 2002, section 103B.3369, subdivision 6, is
amended to read:
Subd. 6. [LIMITATIONS.]
(a) Grants provided to implement programs under this section must be reviewed
by the state agency having statutory program authority to assure compliance
with minimum state standards. At the
request of the state agency commissioner, the board shall revoke the portion of
a grant used to support a program not in compliance.
(b) Grants provided to develop or revise comprehensive
local water management plans may not be awarded for a time longer than
two years.
(c) A county local unit of government may not
request or be awarded grants for project implementation unless a comprehensive
local management water plan has been adopted.
Sec. 106. Minnesota
Statutes 2002, section 103B.355, is amended to read:
103B.355 [APPLICATION.]
Sections 103B.301 to 103B.355 do not apply in areas subject to
the requirements of sections 103B.201 to 103B.255 under section 103B.231,
subdivision 1, and in areas covered by an agreement under section 103B.231,
subdivision 2, except as otherwise provided in sections section
103B.311, subdivision 4, clause (4); and 103B.315, subdivisions 1, clauses
(3) and (4), and 2, clause (b).
Sec. 107. Minnesota
Statutes 2002, section 103D.341, subdivision 2, is amended to read:
Subd. 2. [PROCEDURE.]
(a) Rules of the watershed district must be adopted or amended by a majority
vote of the managers, after public notice and hearing. Rules must be signed by the secretary of the
board of managers and recorded in the board of managers' official minute book.
(b) Prior to adoption, the proposed rule or amendment to the
rule must be submitted to the board for review and comment. The board's review
shall be considered advisory. The board
shall have 45 days from receipt of the proposed rule or amendment to the rule
to provide its comments in writing to the watershed district. Proposed rules or amendments to the rule
shall also be noticed for review and comment to all public transportation
authorities that have jurisdiction within the watershed district at
least 45 days prior to adoption. The
public transportation authorities have 45 days from receipt of the
proposed rule or amendment to the rule to provide comments in writing to
the watershed district.
(c) For each county affected by the watershed district, the
managers must publish a notice of hearings and adopted rules in one or more
legal newspapers published in the county and generally circulated in the
watershed district. The managers
must also provide written notice of adopted or amended rules to public
transportation authorities that have jurisdiction within the watershed
district. The managers must file
adopted rules with the county recorder of each county affected by the watershed
district and the board.
(d) The managers must mail a copy of the rules to the governing
body of each municipality affected by the watershed district.
Sec. 108. Minnesota Statutes 2002, section 103D.345, is amended by adding a
subdivision to read:
Subd. 6.
[GENERAL PERMITS.] A watershed district may issue general
permits for public transportation projects for work on existing roads.
Sec. 109. Minnesota
Statutes 2002, section 103D.405, subdivision 2, is amended to read:
Subd. 2. [REQUIRED
TEN-YEAR REVISION.] (a) After ten years and six months from the date that the
board approved a watershed management plan or the last revised watershed
management plan, the managers must consider the requirements under subdivision
1 and adopt a revised watershed management plan outline and send a copy of the
outline to the board.
(b) By 60 days after receiving a revised watershed management
plan outline, the board must review it, adopt recommendations regarding the
revised watershed management plan outline, and send the recommendations to the
managers.
(c) By 120 days After receiving the board's
recommendations regarding the revised watershed management plan outline, the
managers must complete the revised watershed management plan.
Sec. 110. Minnesota
Statutes 2002, section 103D.537, is amended to read:
103D.537 [APPEALS OF RULES, PERMIT DECISIONS, AND ORDERS NOT
INVOLVING PROJECTS.]
(a) Except as provided in section 103D.535, an interested party
may appeal a permit decision or order made by the managers by a declaratory
judgment action brought under chapter 555.
An interested party may appeal a rule made by the managers by a
declaratory judgment action brought under chapter 555 or by appeal to the
board. The decision on appeal must be
based on the record made in the proceeding before the managers. An appeal of a permit decision or order must
be filed within 30 days of the managers' decision.
(b) In addition to the authorities identified in paragraph
(a), a public transportation authority may appeal a watershed district
permit decision to the board. The board
shall, upon request of the public transportation authority, conduct an
expedited appeal hearing within 30 days or less from the date of the
appeal being accepted.
(c) By January 1, 1997 2005, the board
shall adopt rules governing appeals to the board under paragraph paragraphs
(a) and (b). A decision of the
board on appeal is subject to judicial review under sections 14.63 to
14.69. The rules authorized
in this paragraph are exempt from the rulemaking provisions of chapter
14 except that section 14.386 applies and the proposed rules must be
submitted to the members of senate and house environment and natural
resource and transportation policy committees at least 30 days prior to
being published in the State Register.
The amended rules are effective for two years from the date of
publication of the rules in the State Register unless they are
superseded by permanent rules.
Sec. 111. Minnesota
Statutes 2002, section 103G.005, subdivision 10e, is amended to read:
Subd. 10e. [LOCAL
GOVERNMENT UNIT.] "Local government unit" means:
(1) outside of the seven-county metropolitan area, a city
council or, county board of commissioners, or a soil
and water conservation district or their delegate;
(2) in the seven-county metropolitan area, a city council, a
town board under section 368.01, or a watershed management organization
under section 103B.211, or a soil and water conservation district or
their delegate; and
(3) on state land, the agency with administrative
responsibility for the land.
Sec. 112. Minnesota Statutes 2002, section 103G.222, subdivision 1, is
amended to read:
Subdivision 1.
[REQUIREMENTS.] (a) Wetlands must not be drained or filled, wholly or
partially, unless replaced by restoring or creating wetland areas of at least
equal public value under a replacement plan approved as provided in section
103G.2242, a replacement plan under a local governmental unit's comprehensive
wetland protection and management plan approved by the board under section
103G.2243, or, if a permit to mine is required under section 93.481, under a
mining reclamation plan approved by the commissioner under the permit to
mine. Mining reclamation plans shall
apply the same principles and standards for replacing wetlands by restoration
or creation of wetland areas that are applicable to mitigation plans approved
as provided in section 103G.2242.
Public value must be determined in accordance with section 103B.3355 or
a comprehensive wetland protection and management plan established under
section 103G.2243. Sections 103G.221 to
103G.2372 also apply to excavation in permanently and semipermanently flooded
areas of types 3, 4, and 5 wetlands.
(b) Replacement must be guided by the following principles in
descending order of priority:
(1) avoiding the direct or indirect impact of the activity that
may destroy or diminish the wetland;
(2) minimizing the impact by limiting the degree or magnitude
of the wetland activity and its implementation;
(3) rectifying the impact by repairing, rehabilitating, or
restoring the affected wetland environment;
(4) reducing or eliminating the impact over time by
preservation and maintenance operations during the life of the activity;
(5) compensating for the impact by restoring a wetland; and
(6) compensating for the impact by replacing or providing
substitute wetland resources or environments.
For a project involving the draining or filling of wetlands in
an amount not exceeding 10,000 square feet more than the applicable amount in
section 103G.2241, subdivision 9, paragraph (a), the local government unit may
make an on-site sequencing determination without a written alternatives
analysis from the applicant.
(c) If a wetland is located in a cultivated field, then
replacement must be accomplished through restoration only without regard to the
priority order in paragraph (b), provided that a deed restriction is placed on
the altered wetland prohibiting nonagricultural use for at least ten years.
(d) Restoration and replacement of wetlands must be
accomplished in accordance with the ecology of the landscape area affected.
(e) Except as provided in paragraph (f), for a wetland or
public waters wetland located on nonagricultural land, replacement must be in
the ratio of two acres of replaced wetland for each acre of drained or filled
wetland.
(f) For a wetland or public waters wetland located on
agricultural land or in a greater than 80 percent area, replacement must be in
the ratio of one acre of replaced wetland for each acre of drained or filled
wetland.
(g) Wetlands that are restored or created as a result of an
approved replacement plan are subject to the provisions of this section for any
subsequent drainage or filling.
(h) Except in a greater than 80 percent area, only wetlands
that have been restored from previously drained or filled wetlands, wetlands
created by excavation in nonwetlands, wetlands created by dikes or dams along
public or private drainage ditches, or wetlands created by dikes or dams
associated with the restoration of previously drained or filled wetlands may be used
in a statewide banking program established in rules adopted under section
103G.2242, subdivision 1. Modification or conversion of nondegraded naturally
occurring wetlands from one type to another are not eligible for enrollment in
a statewide wetlands bank.
(i) The technical evaluation panel established under section
103G.2242, subdivision 2, shall ensure that sufficient time has occurred for
the wetland to develop wetland characteristics of soils, vegetation, and
hydrology before recommending that the wetland be deposited in the statewide
wetland bank. If the technical
evaluation panel has reason to believe that the wetland characteristics may
change substantially, the panel shall postpone its recommendation until the
wetland has stabilized.
(j) This section and sections 103G.223 to 103G.2242, 103G.2364,
and 103G.2365 apply to the state and its departments and agencies.
(k) For projects involving draining or filling of wetlands
associated with a new public transportation project in a greater than 80
percent area, and for projects expanded solely for additional
traffic capacity, public transportation authorities, other than the
state department of transportation, may purchase credits from the state wetland
bank established with proceeds from Laws 1994, chapter 643, section 26,
subdivision 3, paragraph (c). Wetland
banking credits may be purchased at the least of the following, but in no case
shall the purchase price be less than $400 per acre: (1) the cost to the state to establish the credits; (2) the
average estimated market value of agricultural land in the township where the
road project is located, as determined by the commissioner of revenue; or (3)
the average value of the land in the immediate vicinity of the road project as
determined by the county assessor.
Public transportation authorities in a less than 80 percent area may
purchase credits from the state board at the cost to the state
board to establish credits.
(l) A replacement plan for wetlands is not required for
individual projects that result in the filling or draining of wetlands for the
repair, rehabilitation, reconstruction, or replacement of a currently
serviceable existing state, city, county, or town public road necessary, as
determined by the public transportation authority, to meet state or federal
design or safety standards or requirements, excluding new roads or roads
expanded solely for additional traffic capacity lanes. This paragraph only
applies to authorities for public transportation projects that:
(1) minimize the amount of wetland filling or draining
associated with the project and consider mitigating important site-specific
wetland functions on-site;
(2) except as provided in clause (3), submit project-specific
reports to the board, the technical evaluation panel, the commissioner of
natural resources, and members of the public requesting a copy at least 30 days
prior to construction that indicate the location, amount, and type of wetlands
to be filled or drained by the project or, alternatively, convene an annual
meeting of the parties required to receive notice to review projects to be
commenced during the upcoming year; and
(3) for minor and emergency maintenance work impacting less
than 10,000 square feet, submit project-specific reports, within 30 days of
commencing the activity, to the board that indicate the location, amount, and
type of wetlands that have been filled or drained.
Those required to receive notice of public transportation
projects may appeal minimization, delineation, and on-site mitigation decisions
made by the public transportation authority to the board according to the
provisions of section 103G.2242, subdivision 9. The technical evaluation panel shall review minimization and
delineation decisions made by the public transportation authority and provide
recommendations regarding on-site mitigation if requested to do so by the local
government unit, a contiguous landowner, or a member of the technical
evaluation panel.
Except for state public transportation projects, for which
the state department of transportation is responsible, the board must replace
the wetlands, and wetland areas of public waters if authorized by the
commissioner or a delegated authority, drained or filled by public
transportation projects on existing roads.
Public transportation authorities at their discretion may
deviate from federal and state design standards on existing road projects when
practical and reasonable to avoid wetland filling or draining, provided that
public safety is not unreasonably compromised.
The local road authority and its officers and employees are exempt from
liability for any tort claim for injury to persons or property arising from
travel on the highway and related to the deviation from the design standards
for construction or reconstruction under this paragraph. This paragraph does not preclude an action
for damages arising from negligence in construction or maintenance on a
highway.
(m) If a landowner seeks approval of a replacement plan after
the proposed project has already affected the wetland, the local government
unit may require the landowner to replace the affected wetland at a ratio not
to exceed twice the replacement ratio otherwise required.
(n) A local government unit may request the board to reclassify
a county or watershed on the basis of its percentage of presettlement wetlands
remaining. After receipt of
satisfactory documentation from the local government, the board shall change
the classification of a county or watershed.
If requested by the local government unit, the board must assist in
developing the documentation. Within 30
days of its action to approve a change of wetland classifications, the board
shall publish a notice of the change in the Environmental Quality Board
Monitor.
(o) One hundred citizens who reside within the jurisdiction of
the local government unit may request the local government unit to reclassify a
county or watershed on the basis of its percentage of presettlement wetlands
remaining. In support of their
petition, the citizens shall provide satisfactory documentation to the local
government unit. The local government
unit shall consider the petition and forward the request to the board under
paragraph (n) or provide a reason why the petition is denied.
Sec. 113. Minnesota
Statutes 2002, section 103G.2242, is amended by adding a subdivision to read:
Subd. 14. [FEES
ESTABLISHED.] Fees must be assessed for managing wetland bank
accounts and transactions as follows:
(1) account maintenance annual fee: one percent of the value of credits
not to exceed $500;
(2) account establishment, deposit, or transfer: 6.5 percent of the value of credits
not to exceed $1,000 per establishment, deposit, or transfer; and
(3) withdrawal fee:
6.5 percent of the value of credits withdrawn.
Sec. 114. Minnesota
Statutes 2002, section 103G.2242, is amended by adding a subdivision to read:
Subd. 15. [FEES
PAID TO BOARD.] All fees established in subdivision 14 must be paid
to the board of water and soil resources and credited to the general
fund to be used for the purpose of administration of the wetland bank.
Sec. 115. Minnesota
Statutes 2002, section 103G.271, subdivision 6, is amended to read:
Subd. 6. [WATER USE
PERMIT PROCESSING FEE.] (a) Except as described in paragraphs (b) to (f), a
water use permit processing fee must be prescribed by the commissioner in
accordance with the following schedule of fees in this subdivision
for each water use permit in force at any time during the year. The schedule is as follows, with the stated
fee in each clause applied to the total amount appropriated:
(1) 0.05 cents per 1,000 gallons $101 for the
first amounts not exceeding 50,000,000 gallons per year;
(2) 0.10 cents $3 per 1,000 1,000,000
gallons for amounts greater than 50,000,000 gallons but less than 100,000,000
gallons per year;
(3) 0.15 cents $3.50 per 1,000 1,000,000
gallons for amounts greater than 100,000,000 gallons but less than 150,000,000
gallons per year;
(4) 0.20 cents $4 per 1,000 1,000,000
gallons for amounts greater than 150,000,000 gallons but less than 200,000,000
gallons per year;
(5) 0.25 cents $4.50 per 1,000 1,000,000
gallons for amounts greater than 200,000,000 gallons but less than 250,000,000
gallons per year;
(6) 0.30 cents $5 per 1,000 1,000,000
gallons for amounts greater than 250,000,000 gallons but less than 300,000,000
gallons per year;
(7) 0.35 cents $5.50 per 1,000 1,000,000
gallons for amounts greater than 300,000,000 gallons but less than 350,000,000
gallons per year;
(8) 0.40 cents $6 per 1,000 1,000,000
gallons for amounts greater than 350,000,000 gallons but less than 400,000,000
gallons per year; and
(9) 0.45 cents $6.50 per 1,000 1,000,000
gallons for amounts greater than 400,000,000 gallons but less than 450,000,000
gallons per year.;
(10) $7 per 1,000,000 gallons for amounts greater than 450,000,000
gallons but less than 500,000,000 gallons per year; and
(11) $7.50 per 1,000,000 gallons for amounts greater than
500,000,000 gallons per year.
(b) For once-through cooling systems, a water use processing
fee must be prescribed by the commissioner in accordance with the following
schedule of fees for each water use permit in force at any time during the
year:
(1) for nonprofit corporations and school districts, 15.0
cents $150 per 1,000 1,000,000 gallons; and
(2) for all other users, 20 cents $200 per 1,000
1,000,000 gallons.
(c) The fee is payable based on the amount of water
appropriated during the year and, except as provided in paragraph (f), the
minimum fee is $50 $100.
(d) For water use processing fees other than once-through
cooling systems:
(1) the fee for a city of the first class may not exceed $175,000
$250,000 per year;
(2) the fee for other entities for any permitted use may not
exceed:
(i) $35,000 $50,000 per year for an entity
holding three or fewer permits;
(ii) $50,000 $75,000 per year for an entity holding
four or five permits;
(iii) $175,000 $250,000 per year for an
entity holding more than five permits;
(3) the fee for agricultural irrigation may not exceed $750 per
year;
(4) the fee for a municipality that furnishes electric service
and cogenerates steam for home heating may not exceed $10,000 for its permit
for water use related to the cogeneration of electricity and steam; and
(5) no fee is required for a project involving the
appropriation of surface water to prevent flood damage or to remove flood
waters during a period of flooding, as determined by the commissioner.
(e) Failure to pay the fee is sufficient cause for revoking a
permit. A penalty of two percent per
month calculated from the original due date must be imposed on the unpaid
balance of fees remaining 30 days after the sending of a second notice of fees
due. A fee may not be imposed on an
agency, as defined in section 16B.01, subdivision 2, or federal governmental
agency holding a water appropriation permit.
(f) The minimum water use processing fee for a permit issued
for irrigation of agricultural land is $10 $20 for years in
which:
(1) there is no appropriation of water under the permit; or
(2) the permit is suspended for more than seven consecutive
days between May 1 and October 1.
Sec. 116. Minnesota
Statutes 2002, section 103G.271, subdivision 6a, is amended to read:
Subd. 6a. [PAYMENT OF
FEES FOR PAST UNPERMITTED APPROPRIATIONS.] An entity that appropriates water
without a required permit under subdivision 1 must pay the applicable water use
permit processing fee specified in subdivision 6 for the period during which
the unpermitted appropriation occurred. The fees for unpermitted
appropriations are required for the previous seven calendar years after
being notified of the need for a permit. This fee is in addition to any other fee or penalty assessed.
Sec. 117. Minnesota
Statutes 2002, section 103G.271, is amended by adding a subdivision to read:
Subd. 8.
[GROUNDWATER ANALYSIS.] The commissioner of natural resources
must look at groundwater flows and aquifer recharge in the state in
order to understand whether the appropriation of groundwater is
sustainable.
Sec. 118. Minnesota
Statutes 2002, section 103G.611, subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT
REQUIREMENTS.] (a) The fee for a permit to operate an aeration
system on public waters during periods of ice cover is $250. The commissioner may waive the fee
for aeration systems that are assisting department efforts to maintain
angling opportunities through the prevention of winterkill. To be eligible for the fee waiver, the lake
being aerated must have public access and aeration must be identified
as a desirable management tool in a plan approved by the commissioner. Operation of the aeration system in a manner
not consistent with the approved plan represents justification for rescinding
the fee waiver. The fee may not be
charged to the state or a federal governmental agency applying for a
permit. The money received for the permits under this subdivision must
be deposited in the treasury and credited to the game and fish fund.
(b) A person operating an aeration system on public
waters under a water aeration permit must comply with the sign posting
requirements of this section and applicable rules of the commissioner.
Sec. 119. Minnesota
Statutes 2002, section 103G.615, subdivision 2, is amended to read:
Subd. 2. [FEES.] (a)
The commissioner shall establish a fee schedule for permits to harvest aquatic
plants other than wild rice, by order, after holding a public hearing. The fees may not exceed $200 $750
per permit based upon the cost of receiving, processing, analyzing, and issuing
the permit, and additional costs incurred after the application to inspect and
monitor the activities authorized by the permit, and enforce aquatic
plant management rules and permit requirements.
(b) The fee for a permit for chemical treatment the
destruction of rooted aquatic vegetation may not exceed $20 is
$35 for each contiguous parcel of shoreline owned by an owner. This fee
may not be charged for permits issued in connection with lakewide Eurasian
water milfoil control programs.
(c) A fee may not be charged to the state or a federal
governmental agency applying for a permit.
(d) The money received for the permits under this subdivision
shall be deposited in the treasury and credited to the game and fish fund.
Sec. 120. Minnesota
Statutes 2002, section 115.03, is amended by adding a subdivision to read:
Subd. 5b. [STORM
WATER PERMITS; COMPLIANCE WITH NONDEGRADATION AND MITIGATION REQUIREMENTS.] (a)
During the period in which this subdivision is in effect, all point
source storm water discharges that are subject to and in compliance with
an individual or general storm water permit issued by the pollution
control agency under the National Pollution Discharge Elimination System
are considered to be in compliance with the nondegradation and
mitigation requirements of Minnesota Rules, parts 7050.0180, 7050.0185,
and 7050.0186.
(b) This subdivision is repealed on the earlier of July 1,
2007, or the effective date of rules adopted by the pollution control
agency that provide specific mechanisms or criteria to determine whether
point source storm water discharges comply with the nondegradation and
mitigation requirements of Minnesota Rules, parts 7050.0180, 7050.0185,
and 7050.0186.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 121. Minnesota
Statutes 2002, section 115.03, is amended by adding a subdivision to read:
Subd. 5c.
[REGULATION OF STORM WATER DISCHARGES.] (a) The agency may
issue a general permit to any category or subcategory of point source
storm water discharges that it deems administratively reasonable and
efficient without making any findings under Minnesota Rules, part
7001.0210. Nothing in this subdivision
precludes the agency from requiring an individual permit for a point
source storm water discharge if the agency finds that it is appropriate
under applicable legal or regulatory standards.
(b) Pursuant to this paragraph, the legislature authorizes
the agency to adopt and enforce rules regulating point source storm
water discharges. No further
legislative approval is required under any other legal or statutory
provision whether enacted before or after the enactment of this section.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 122. Minnesota
Statutes 2002, section 115A.54, is amended by adding a subdivision to read:
Subd. 4.
[TERMINATION OF OBLIGATIONS; GOOD-FAITH EFFORT.] Notwithstanding the
provisions of section 16A.695, the director may terminate the
obligations of a grant or loan recipient under this section, if the
director finds that the recipient has made a good-faith effort to
exhaust all options in trying to comply with the terms and conditions of
the grant or loan. In lieu of
declaring a default on a grant or a loan under this section, the
director may
identify additional measures a recipient should take in order to meet
the good-faith test required for terminating the recipient's obligations
under this section. By December
15 of each year, the director shall report to the legislature the
defaults and terminations the director has ordered in the previous year,
if any. No decision on termination
under this section is effective until the end of the legislative session
following the director's report.
Sec. 123. Minnesota
Statutes 2002, section 115A.545, subdivision 2, is amended to read:
Subd. 2. [PROCESSING
PAYMENT.] (a) The director shall pay counties a processing payment for each ton
of mixed municipal solid waste that is generated in the county and processed at
a resource recovery facility. The
processing payment shall be $5 for each ton of mixed municipal solid waste
processed.
(b) The director shall also pay a processing payment to a
county that does not qualify under paragraph (a) that constructed a processing
facility and that either:
(1) contracts for waste generated in the county to be
received at a facility in that county; or
(2) has a comprehensive solid waste management plan approved
by the director under section 115A.46 that demonstrates the intention of the
county to make the processing facility operational.
The processing payment shall be $5 for each ton of mixed
municipal waste generated in the county and delivered under contract with the
county.
(c) By the last day of October, January, April, and July, each
county claiming the processing payment shall file a claim for payment with the
director for the three previous months certifying the number of tons of mixed
municipal solid waste that were generated in the county and processed at a
resource recovery facility. The director
shall pay the processing payments by November 15, February 15, May 15, and
August 15 each year.
(d) If the total amount for which all counties are eligible in
a quarter exceeds the amount available for payment, the director shall make the
payments on a pro rata basis.
(e) All of the Money received by a county under
paragraph (a) must may be used to lower the tipping fee for
waste to be processed at a resource recovery facility. for the following
purposes:
(1) to reduce the amount of solid waste generated;
(2) to recycle the maximum amount of solid waste technically
feasible;
(3) to create and support markets for recycled products;
(4) to remove problem materials from the solid waste stream
and develop proper disposal options for them;
(5) to inform and educate all sectors of the public about
proper solid waste management procedures;
(6) to provide technical assistance to public and private
entities to ensure proper solid waste management;
(7) to provide educational, technical, and financial assistance
for litter prevention; and
(8) to process mixed municipal solid waste generated in the
county at a resource recovery facility.
(f) Amounts received by a county under:
(1) paragraph (b), clause (1), must
be used to lower the tipping fee for waste received at a waste management
facility within the county for waste received under contract with the county at
a facility in the county; or
(2) paragraph (b), clause (2), must be used to assist in
making the county's processing facility operational.
Sec. 124. Minnesota Statutes
2002, section 115A.908, subdivision 2, is amended to read:
Subd. 2. [DEPOSIT OF
REVENUE.] Revenue collected shall be credited to the motor vehicle transfer
account in the environmental fund. As
cash flow permits, the commissioner of finance must transfer (1) $3,200,000
each fiscal year from the motor vehicle transfer account to the environmental
response, compensation, and compliance account established in section 115B.20;
and (2) $1,200,000 each fiscal year from the motor vehicle transfer account to
the general environmental fund.
Sec. 125. Minnesota
Statutes 2002, section 115C.02, subdivision 14, is amended to read:
Subd. 14. [TANK.]
"Tank" means any one or a combination of containers, vessels, and
enclosures, including structures and appurtenances connected to them, that is,
or has been, used to contain or, dispense, store, or transport
petroleum.
"Tank" does not include:
(1) a mobile storage tank used to transport petroleum from
one location to another, except a mobile storage tank with a capacity of 500
gallons or less used only to transport home heating fuel on private property;
or
(2) pipeline facilities, including gathering lines,
regulated under the Natural Gas Pipeline Safety Act of 1968, United States
Code, title 49, chapter 24, or the Hazardous Liquid Pipeline Safety Act of
1979, United States Code, title 49, chapter 29.
Sec. 126. Minnesota
Statutes 2002, section 115C.08, subdivision 4, is amended to read:
Subd. 4.
[EXPENDITURES.] (a) Money in the fund may only be spent:
(1) to administer the petroleum tank release cleanup program
established in this chapter;
(2) for agency administrative costs under sections 116.46 to
116.50, sections 115C.03 to 115C.06, and costs of corrective action taken by
the agency under section 115C.03, including investigations;
(3) for costs of recovering expenses of corrective actions
under section 115C.04;
(4) for training, certification, and rulemaking under sections
116.46 to 116.50;
(5) for agency administrative costs of enforcing rules
governing the construction, installation, operation, and closure of aboveground
and underground petroleum storage tanks;
(6) for reimbursement of the environmental response,
compensation, and compliance account under subdivision 5 and section 115B.26,
subdivision 4;
(7) for administrative and staff costs as set by the board to
administer the petroleum tank release program established in this chapter;
(8) for corrective action performance audits under section
115C.093; and
(9) for contamination cleanup grants,
as provided in paragraph (c); and
(10) to assess and remove abandoned underground storage tanks
under section 115C.094 and, if a release is discovered, to pay for the
specific consultant and contractor services costs necessary to complete
the tank removal project, including, but not limited to, excavation soil
sampling, groundwater sampling, soil disposal, and completion of an
excavation report.
(b) Except as provided in paragraph (c), money in the fund is
appropriated to the board to make reimbursements or payments under this
section.
(c) $6,200,000 is annually appropriated from the fund to the
commissioner of trade and economic development for contamination cleanup grants
under section 116J.554. Of this amount,
the commissioner may spend up to $120,000 annually for administration of the
contamination cleanup grant program.
The appropriation does not cancel and is available until expended. The
appropriation shall not be withdrawn from the fund nor the fund balance reduced
until the funds are requested by the commissioner of trade and economic
development. The commissioner shall
schedule requests for withdrawals from the fund to minimize the necessity to
impose the fee authorized by subdivision 2.
Unless otherwise provided, the appropriation in this paragraph may be
used for:
(1) project costs at a qualifying site if a portion of the
cleanup costs are attributable to petroleum contamination; and
(2) the costs of performing contamination investigation if
there is a reasonable basis to suspect the contamination is attributable to
petroleum.
Sec. 127. Minnesota
Statutes 2002, section 115C.09, subdivision 3, is amended to read:
Subd. 3.
[REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a) The board shall reimburse
an eligible applicant from the fund for 90 percent of the total reimbursable
costs incurred at the site, except that the board may reimburse an eligible
applicant from the fund for greater than 90 percent of the total reimbursable
costs, if the applicant previously qualified for a higher reimbursement
rate. For costs associated with a
release from a tank in transport, the board may reimburse 90 percent of
costs over $10,000, with the maximum reimbursement not to exceed $100,000.
Not more than $1,000,000 may be reimbursed for costs associated
with a single release, regardless of the number of persons eligible for
reimbursement, and not more than $2,000,000 may be reimbursed for costs
associated with a single tank facility.
(b) A reimbursement may not be made from the fund under this
chapter until the board has determined that the costs for which reimbursement
is requested were actually incurred and were reasonable.
(c) When an applicant has obtained responsible competitive bids
or proposals according to rules promulgated under this chapter prior to June 1,
1995, the eligible costs for the tasks, procedures, services, materials,
equipment, and tests of the low bid or proposal are presumed to be reasonable
by the board, unless the costs of the low bid or proposal are substantially in
excess of the average costs charged for similar tasks, procedures, services,
materials, equipment, and tests in the same geographical area during the same
time period.
(d) When an applicant has obtained a minimum of two responsible
competitive bids or proposals on forms prescribed by the board and where the
rules promulgated under this chapter after June 1, 1995, designate maximum
costs for specific tasks, procedures, services, materials, equipment and tests,
the eligible costs of the low bid or proposal are deemed reasonable if the
costs are at or below the maximums set forth in the rules.
(e) Costs incurred for change orders
executed as prescribed in rules promulgated under this chapter after June 1,
1995, are presumed reasonable if the costs are at or below the maximums set
forth in the rules, unless the costs in the change order are above those in the
original bid or proposal or are unsubstantiated and inconsistent with the
process and standards required by the rules.
(f) A reimbursement may not be made from the fund in response
to either an initial or supplemental application for costs incurred after June
4, 1987, that are payable under an applicable insurance policy, except that if
the board finds that the applicant has made reasonable efforts to collect from
an insurer and failed, the board shall reimburse the applicant.
(g) If the board reimburses an applicant for costs for which
the applicant has insurance coverage, the board is subrogated to the rights of
the applicant with respect to that insurance coverage, to the extent of the
reimbursement by the board. The board
may request the attorney general to bring an action in district court against
the insurer to enforce the board's subrogation rights. Acceptance by an applicant of reimbursement
constitutes an assignment by the applicant to the board of any rights of the
applicant with respect to any insurance coverage applicable to the costs that
are reimbursed. Notwithstanding this paragraph, the board may instead request a
return of the reimbursement under subdivision 5 and may employ against the
applicant the remedies provided in that subdivision, except where the board has
knowingly provided reimbursement because the applicant was denied coverage by
the insurer.
(h) Money in the fund is appropriated to the board to make
reimbursements under this chapter. A
reimbursement to a state agency must be credited to the appropriation account
or accounts from which the reimbursed costs were paid.
(i) The board may reduce the amount of reimbursement to be made
under this chapter if it finds that the applicant has not complied with a
provision of this chapter, a rule or order issued under this chapter, or one or
more of the following requirements:
(1) the agency was given notice of the release as required by
section 115.061;
(2) the applicant, to the extent possible, fully cooperated
with the agency in responding to the release;
(3) the state rules applicable after December 22, 1993, to
operating an underground storage tank and appurtenances without leak detection;
(4) the state rules applicable after December 22, 1998, to
operating an underground storage tank and appurtenances without corrosion
protection or spill and overfill protection; and
(5) the state rule applicable after November 1, 1998, to
operating an aboveground tank without a dike or other structure that would
contain a spill at the aboveground tank site.
(j) The reimbursement may be reduced as much as 100 percent for
failure by the applicant to comply with the requirements in paragraph (i),
clauses (1) to (5). In determining the
amount of the reimbursement reduction, the board shall consider:
(1) the reasonable determination by the agency that the
noncompliance poses a threat to the environment;
(2) whether the noncompliance was negligent, knowing, or
willful;
(3) the deterrent effect of the award reduction on other tank
owners and operators;
(4) the amount of reimbursement reduction recommended by
the commissioner; and
(5) the documentation of noncompliance provided by the
commissioner.
(k) An applicant may assign the right to receive
reimbursement to request that the board issue a multiparty check that
includes each lender who advanced funds to pay the costs of the corrective
action or to each contractor or consultant who provided corrective action
services. An assignment This
request must be made by filing with the board a document, in a form
prescribed by the board, indicating the identity of the applicant, the identity
of the assignee lender, contractor, or consultant, the
dollar amount of the assignment, and the location of the corrective
action. An assignment signed by the
applicant is valid unless terminated by filing a termination with the board, in
a form prescribed by the board, which must include the written concurrence of
the assignee. The board shall maintain
an index of assignments filed under this paragraph. The board shall pay the reimbursement to the applicant and to one
or more assignees by a multiparty check.
The applicant must submit a request for the issuance of a
multiparty check for each application submitted to the board. Payment
under this paragraph does not constitute the assignment of the
applicant's right to reimbursement to the consultant, contractor, or
lender. The board has no liability
to an applicant for a payment under an assignment meeting issued as a
multiparty check that meets the requirements of this paragraph.
Sec. 128. Minnesota
Statutes 2002, section 115C.09, is amended by adding a subdivision to read:
Subd. 3i.
[REIMBURSEMENT; NATURAL DISASTER AREA.] (a) As used in this
subdivision, "natural disaster area" means a geographical area
that has been declared a disaster by the governor and President of the
United States.
(b) Notwithstanding subdivision 3, paragraph (a), and Minnesota
Rules, chapter 2890, with the exception of Minnesota Rules, parts
2890.0010 to 2890.0065, and 2890.0090 to 2890.0130, the board may
reimburse:
(1) up to 50 percent of an applicant' pre-natural-disaster
estimated building market value as recorded by the county assessor;
or
(2) if the applicant conveys title of the real estate to
local or state government, up to 50 percent of the pre-natural-disaster
estimated total market value, not to exceed one acre, as recorded by the
county assessor.
(c) Paragraph (b) applies only if the applicant documents
that:
(1) the natural disaster area has been declared eligible
for state or federal emergency aid;
(2) the building is declared uninhabitable by the commissioner
because of damage caused by the release of petroleum from a petroleum
storage tank; and
(3) the applicant has submitted a claim under any applicable
insurance policies and has been denied benefits under those policies.
(d) In determining the percentage for reimbursement, the
board shall consider the applicant's eligibility to receive other
state or federal financial assistance and determine a lesser
reimbursement rate to the extent that the applicant is eligible to
receive financial assistance that exceeds 50 percent of the applicant's
pre-natural-disaster estimated building market value or total market
value.
Sec. 129. Minnesota
Statutes 2002, section 115C.09, is amended by adding a subdivision to read:
Subd. 3j. [RETAIL
LOCATIONS AND TRANSPORT VEHICLES.] (a) As used in this subdivision,
"retail location" means a facility located in the metropolitan
area as defined in section 473.121, subdivision 2, where gasoline is
offered for sale to the general public for use in automobiles and
trucks. "Transport vehicle"
means a liquid fuel cargo tank used to deliver gasoline into underground
storage tanks during 2002 at a retail location.
(b) Notwithstanding any other provision in this chapter,
and any rules adopted under this chapter, the board shall reimburse
90 percent of an applicant's cost for retrofits of retail locations and
transport vehicles completed between January 1, 2001, and January 1,
2006, to comply with section 116.49, subdivisions 3 and 4, provided that
the board determines the costs were incurred and reasonable. The reimbursement may not exceed
$3,000 per retail location and $3,000 per transport vehicle.
Sec. 130. [115C.094]
[ABANDONED UNDERGROUND STORAGE TANKS.]
(a) As used in this section, an abandoned underground petroleum
storage tank means an underground petroleum storage tank that was:
(1) taken out of service prior to December 22, 1988; or
(2) taken out of service on or after December 22, 1988, if
the current property owner did not know of the existence of the underground
petroleum storage tank and cannot reasonably be expected to have known
of the tank's existence.
(b) The board may contract for:
(1) a statewide assessment in order to determine the quantity,
location, cost, and feasibility of removing abandoned underground
petroleum storage tanks;
(2) the removal of an abandoned underground petroleum storage
tank; and
(3) the removal and disposal of petroleum-contaminated soil
if the removal is required by the commissioner at the time of tank
removal.
(c) Before the board may contract for removal of an abandoned
petroleum storage tank, the tank owner must provide the board with
written access to the property and release the board from any potential
liability for the work performed.
(d) Money in the fund is appropriated to the board for the
purposes of this section.
Sec. 131. Minnesota
Statutes 2002, section 115C.11, subdivision 1, is amended to read:
Subdivision 1.
[REGISTRATION.] (a) All consultants and contractors who perform
corrective action services must register with the board. In order to register, consultants must meet
and demonstrate compliance with the following criteria:
(1) provide a signed statement to the board verifying agreement
to abide by this chapter and the rules adopted under it and to include a signed
statement with each claim that all costs claimed by the consultant are a true
and accurate account of services performed;
(2) provide a signed statement that the consultant shall
make available for inspection any records requested by the board for field or
financial audits under the scope of this chapter;
(3) certify knowledge of the requirements of this chapter and
the rules adopted under it;
(4) obtain and maintain professional liability coverage,
including pollution impairment liability; and
(5) agree to submit to the board a certificate or certificates
verifying the existence of the required insurance coverage.
(b) The board must maintain a list of all registered
consultants and a list of all registered contractors.
(c) All corrective action services must be performed by
registered consultants and contractors.
(d) Reimbursement for corrective action services performed by
an unregistered consultant or contractor is subject to reduction under section
115C.09, subdivision 3, paragraph (i).
(e) Corrective action services performed by a consultant or
contractor prior to being removed from the registration list may be reimbursed
without reduction by the board.
(f) If the information in an application for registration
becomes inaccurate or incomplete in any material respect, the registered
consultant or contractor must promptly file a corrected application with the
board.
(g) Registration is effective 30 days after a complete application
is received by the board. The board may
reimburse without reduction the cost of work performed by an unregistered
contractor if the contractor performed the work within 60 days of the effective
date of registration.
(h) Registration for consultants under this section remains in
force until the expiration date of the professional liability coverage,
including pollution impairment liability, required under paragraph (a), clause
(4), or until voluntarily terminated by the registrant, or until suspended or
revoked by the commissioner of commerce.
Registration for contractors under this section expires each year on the
anniversary of the effective date of the contractor's most recent registration
and must be renewed on or before expiration.
Prior to its annual expiration, a registration remains in force until
voluntarily terminated by the registrant, or until suspended or revoked by the
commissioner of commerce. All
registrants must comply with registration criteria under this section.
(i) The board may deny a consultant or contractor registration
or request for renewal under this section if the consultant or
contractor:
(1) does not intend to or is not in good faith carrying on
the business of an environmental consultant or contractor;
(2) has filed an application for registration that is incomplete
in any material respect or contains any statement which, in light of the
circumstances under which it is made, contains any misrepresentation, or
is false, misleading, or fraudulent;
(3) has engaged in any fraudulent, coercive, deceptive, or
dishonest act or practice whether or not such act or practice involves
the business of environmental consulting or contracting;
(4) has forged another's name to any document whether or
not the document relates to a document approved by the board;
(5) has plead guilty, with or without explicitly
admitting guilt; plead nolo contendere; or been convicted of a felony,
gross misdemeanor, or misdemeanor involving moral turpitude, including,
but not limited to, assault, harassment, or similar conduct;
(6) has been subject to disciplinary action in another state
or jurisdiction; or
(7) has not paid subcontractors hired by the consultant or
contractor after they have been paid in full by the applicant.
Sec. 132. Minnesota
Statutes 2002, section 115C.13, is amended to read:
115C.13 [REPEALER.]
Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04,
115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 115C.093, 115C.094,
115C.10, 115C.11, 115C.111, 115C.112, 115C.113, 115C.12, and 115C.13,
are repealed effective June 30, 2005 2007.
Sec. 133. Minnesota
Statutes 2002, section 116.073, subdivision 1, is amended to read:
Subdivision 1.
[AUTHORITY TO ISSUE.] (a) Pollution control agency staff designated by
the commissioner and department of natural resources conservation officers may
issue citations to a person who:
(1) disposes of solid waste as defined in section 116.06,
subdivision 22, at a location not authorized by law for the disposal of solid
waste without permission of the owner of the property;
(2) fails to report or recover discharges as required under
section 115.061; or
(3) fails to take discharge preventive or preparedness measures
required under chapter 115E; or
(4) fails to install or use vapor recovery equipment during
the transfer of gasoline from a transport delivery vehicle to an underground
storage tank as required in section 116.49, subdivisions 3 and 4.
(b) In addition, pollution control agency staff designated by
the commissioner may issue citations to owners and operators of facilities
dispensing petroleum products who violate sections 116.46 to 116.50 and
Minnesota Rules, chapters 7150 and 7151 and parts 7001.4200 to 7001.4300. A citation issued under this subdivision
must include a requirement that the person cited remove and properly dispose of
or otherwise manage the waste or discharged oil or hazardous substance,
reimburse any government agency that has disposed of the waste or discharged
oil or hazardous substance and contaminated debris for the reasonable costs of
disposal, or correct any storage tank violations.
(c) Until June 1, 2004, citations for violation of sections
115E.045 and 116.46 to 116.50 and Minnesota Rules, chapters 7150 and 7151, may
be issued only after the owners and operators have had a 90-day period to
correct violations stated in writing by pollution control agency staff, unless
there is a discharge associated with the violation or the violation is of
Minnesota Rules, part 7151.6400, subpart 1, item B, or 7151.6500.
Sec. 134. Minnesota
Statutes 2002, section 116.073, subdivision 2, is amended to read:
Subd. 2. [PENALTY
AMOUNT.] The citation must impose the following penalty amounts:
(1) $100 per major appliance, as defined in section 115A.03,
subdivision 17a, up to a maximum of $2,000;
(2) $25 per waste tire, as defined in section 115A.90,
subdivision 11, up to a maximum of $2,000;
(3) $25 per lead acid battery governed by section 115A.915, up
to a maximum of $2,000;
(4) $1 per pound of other solid waste or $20 per cubic foot up
to a maximum of $2,000;
(5) up to $200 for any amount of waste that escapes from a
vehicle used for the transportation of solid waste if, after receiving actual
notice that waste has escaped the vehicle, the person or company transporting
the waste fails to immediately collect the waste;
(6) $50 per violation of rules adopted under section 116.49,
relating to underground storage tank system design, construction, installation,
and notification requirements, up to a maximum of $2,000;
(7) $250 per violation of rules adopted under section 116.49,
relating to upgrading of existing underground storage tank systems, up to a
maximum of $2,000;
(8) $100 per violation of rules adopted under section 116.49,
relating to underground storage tank system general operating requirements, up
to a maximum of $2,000;
(9) $250 per violation of rules adopted under section 116.49,
relating to underground storage tank system release detection requirements, up
to a maximum of $2,000;
(10) $50 per violation of rules adopted under section 116.49,
relating to out-of-service underground storage tank systems and closure, up to
a maximum of $2,000;
(11) $50 per violation of sections 116.48 to 116.491 relating
to underground storage tank system notification, monitoring, environmental
protection, and tank installers training and certification requirements, up to
a maximum of $2,000;
(12) $25 per gallon of oil or hazardous substance discharged which
is not reported or recovered under section 115.061, up to a maximum of $2,000;
(13) $1 per gallon of oil or hazardous substance being stored,
transported, or otherwise handled without the prevention or preparedness
measures required under chapter 115E, up to a maximum of $2,000; and
(14) $250 per violation of Minnesota Rules, parts 7001.4200 to
7001.4300 or chapter 7151, related to aboveground storage tank systems, up to a
maximum of $2,000; and
(15) $250 per delivery made in violation of section 116.49,
subdivision 3 or 4, levied against:
(i) the retail location if vapor recovery equipment is not
installed or maintained properly;
(ii) the carrier if the transport delivery vehicle is not
equipped with vapor recovery equipment; or
(iii) the driver for failure to use supplied vapor recovery
equipment.
Sec. 135. Minnesota
Statutes 2002, section 116.46, is amended by adding a subdivision to read:
Subd. 7a.
[RETAIL LOCATION.] "Retail location" means a facility
located in the metropolitan area as defined in section 473.121,
subdivision 2, where gasoline is offered for sale to the general public
for use in automobiles and trucks.
Sec. 136. Minnesota Statutes 2002, section 116.46, is amended by adding a
subdivision to read:
Subd. 7b.
[TRANSPORT DELIVERY VEHICLE.] "Transport delivery
vehicle" means a liquid fuel cargo tank of 3,500 gallons or more
used to deliver gasoline into underground storage tanks.
Sec. 137. Minnesota
Statutes 2002, section 116.46, is amended by adding a subdivision to read:
Subd. 9. [VAPOR
RECOVERY SYSTEM.] "Vapor recovery system" means a system
which transfers vapors from underground storage tanks during the filling
operation to the storage compartment of the transport vehicle delivering
gasoline.
Sec. 138. Minnesota
Statutes 2002, section 116.49, is amended by adding a subdivision to read:
Subd. 3. [VAPOR
RECOVERY SYSTEM.] Every underground gasoline storage tank at a retail
location must be fitted with vapor recovery equipment by January 1, 2006. The equipment must be certified by
the manufacturer as capable of collecting 95 percent of hydrocarbons
emitted during gasoline transfers from a transport delivery vehicle to
an underground storage tank. Product delivery and vapor recovery access
points must be on the same side of the transport vehicle when the
transport vehicle is positioned for delivery into the underground
tank. After January 1, 2006, no
gasoline may be delivered to a retail location that is not equipped with
a vapor recovery system.
Sec. 139. Minnesota
Statutes 2002, section 116.49, is amended by adding a subdivision to read:
Subd. 4. [VAPOR
RECOVERY ON TRANSPORTS.] All transport delivery vehicles that deliver
gasoline into underground storage tanks in the metropolitan area as
defined in section 473.121, subdivision 2, must be fitted with vapor
recovery equipment. The equipment must recover and manage 95 percent of
hydrocarbons emitted during the transfer of gasoline from the
underground storage tank and the transport delivery vehicle by January
1, 2006. After January 1, 2006,
no gasoline may be delivered to a retail location by a transport vehicle
that is not fitted with vapor recovery equipment.
Sec. 140. Minnesota
Statutes 2002, section 116.50, is amended to read:
116.50 [PREEMPTION.]
Sections 116.46 to 116.49 preempt conflicting local and
municipal rules or ordinances requiring notification or establishing
environmental protection requirements for underground storage tanks. A state agency or local unit of government
may not adopt rules or ordinances establishing or requiring vapor
recovery for underground storage tanks.
Sec. 141. Minnesota
Statutes 2002, section 116P.02, subdivision 1, is amended to read:
Subdivision 1.
[APPLICABILITY.] The definitions in this section apply to sections
116P.01 to 116P.13 this chapter.
Sec. 142. Minnesota
Statutes 2002, section 116P.05, subdivision 2, is amended to read:
Subd. 2. [DUTIES.] (a)
The commission shall recommend a budget plan for expenditures from the environment
and natural resources trust fund and shall adopt a strategic plan as provided
in section 116P.08.
(b) The commission shall recommend expenditures to the
legislature from the Minnesota future resources fund under section 116P.13
state land and water conservation account in the natural resources
fund.
(c) It is a condition of acceptance of
the appropriations made from the Minnesota future resources fund,
Minnesota environment and natural resources trust fund, and oil overcharge
money under section 4.071, subdivision 2, that the agency or entity receiving
the appropriation must submit a work program and semiannual progress reports in
the form determined by the legislative commission on Minnesota resources. None of the money provided may be spent unless
the commission has approved the pertinent work program.
(d) The peer review panel created under section 116P.08 must
also review, comment, and report to the commission on research proposals
applying for an appropriation from the Minnesota resources fund and from
oil overcharge money under section 4.071, subdivision 2.
(e) The commission may adopt operating procedures to fulfill
its duties under sections 116P.01 to 116P.13 chapter 116P.
Sec. 143. Minnesota
Statutes 2002, section 116P.09, subdivision 4, is amended to read:
Subd. 4. [PERSONNEL.]
Persons who are employed by a state agency to work on a project and are paid by
an appropriation from the trust fund or Minnesota future resources fund
are in the unclassified civil service, and their continued employment is
contingent upon the availability of money from the appropriation. When the appropriation has been spent, their
positions must be canceled and the approved complement of the agency reduced
accordingly. Part-time employment of persons
for a project is authorized. The use of
classified employees is authorized when approved as part of the work program
required by section 116P.05, subdivision 2, paragraph (c).
Sec. 144. Minnesota
Statutes 2002, section 116P.09, subdivision 5, is amended to read:
Subd. 5.
[ADMINISTRATIVE EXPENSE.] The administrative expenses of the
commission shall be paid from the various funds administered by the commission
as follows:
(1) Through June 30, 1993, the administrative expenses of
the commission and the advisory committee shall be paid from the Minnesota
future resources fund. After that time,
the prorated expenses related to administration of the trust fund shall be paid
from the earnings of the trust fund.
(2) After June 30, 1993, the prorated expenses related
to commission administration of the trust fund may not exceed an amount
equal to four percent of the projected earnings amount available
for appropriation of the trust fund for the biennium.
Sec. 145. Minnesota
Statutes 2002, section 116P.09, subdivision 7, is amended to read:
Subd. 7. [REPORT
REQUIRED.] The commission shall, by January 15 of each odd-numbered year,
submit a report to the governor, the chairs of the house appropriations and
senate finance committees, and the chairs of the house and senate committees on
environment and natural resources.
Copies of the report must be available to the public. The report must include:
(1) a copy of the current strategic plan;
(2) a description of each project receiving money from the
trust fund and Minnesota future resources fund during the preceding
biennium;
(3) a summary of any research project completed in the
preceding biennium;
(4) recommendations to implement successful projects and
programs into a state agency's standard operations;
(5) to the extent known by the
commission, descriptions of the projects anticipated to be supported by the
trust fund and Minnesota future resources account during the next
biennium;
(6) the source and amount of all revenues collected and
distributed by the commission, including all administrative and other expenses;
(7) a description of the assets and liabilities of the trust
fund and the Minnesota future resources fund;
(8) any findings or recommendations that are deemed proper to
assist the legislature in formulating legislation;
(9) a list of all gifts and donations with a value over $1,000;
(10) a comparison of the amounts spent by the state for
environment and natural resources activities through the most recent fiscal
year; and
(11) a copy of the most recent compliance audit.
Sec. 146. Minnesota
Statutes 2002, section 116P.10, is amended to read:
116P.10 [ROYALTIES, COPYRIGHTS, PATENTS.]
This section applies to projects supported by the trust fund,
the Minnesota future resources fund, and the oil overcharge money referred
to in section 4.071, subdivision 2, each of which is referred to in this
section as a "fund." The fund
owns and shall take title to the percentage of a royalty, copyright, or patent
resulting from a project supported by the fund equal to the percentage of the
project's total funding provided by the fund.
Cash receipts resulting from a royalty, copyright, or patent, or the
sale of the fund's rights to a royalty, copyright, or patent, must be credited
immediately to the principal of the fund.
Receipts from Minnesota future resources fund projects must be
credited to the trust fund. Before a project is included in the budget
plan, the commission may vote to relinquish the ownership or rights to a
royalty, copyright, or patent resulting from a project supported by the fund to
the project's proposer when the amount of the original grant or loan, plus
interest, has been repaid to the fund.
Sec. 147. Minnesota
Statutes 2002, section 116P.14, subdivision 1, is amended to read:
Subdivision 1.
[DESIGNATED AGENCY.] The department of natural resources is designated
as the state agency to apply for, accept, receive, and disburse federal
reimbursement funds and private funds, which are granted to the state of
Minnesota from section 6 of the federal Land and Water Conservation Fund
Act.
Sec. 148. Minnesota
Statutes 2002, section 116P.14, subdivision 2, is amended to read:
Subd. 2. [STATE LAND
AND WATER CONSERVATION ACCOUNT; CREATION.] A state land and water conservation
account is created in the Minnesota future natural resources
fund. All of the money made available
to the state from funds granted under subdivision 1 shall be deposited in the
state land and water conservation account.
Sec. 149. Minnesota
Statutes 2002, section 297A.94, is amended to read:
297A.94 [DEPOSIT OF REVENUES.]
(a) Except as provided in this section, the commissioner shall
deposit the revenues, including interest and penalties, derived from the taxes
imposed by this chapter in the state treasury and credit them to the general
fund.
(b) The commissioner shall deposit
taxes in the Minnesota agricultural and economic account in the special revenue
fund if:
(1) the taxes are derived from sales and use of property and
services purchased for the construction and operation of an agricultural
resource project; and
(2) the purchase was made on or after the date on which a
conditional commitment was made for a loan guaranty for the project under
section 41A.04, subdivision 3.
The commissioner of finance
shall certify to the commissioner the date on which the project received the
conditional commitment. The amount
deposited in the loan guaranty account must be reduced by any refunds and by
the costs incurred by the department of revenue to administer and enforce the
assessment and collection of the taxes.
(c) The commissioner shall deposit the revenues, including
interest and penalties, derived from the taxes imposed on sales and purchases
included in section 297A.61, subdivision 3, paragraph (g), clauses (1) and (4),
in the state treasury, and credit them as follows:
(1) first to the general obligation special tax bond debt
service account in each fiscal year the amount required by section 16A.661,
subdivision 3, paragraph (b); and
(2) after the requirements of clause (1) have been met, the
balance to the general fund.
(d) The commissioner shall deposit the revenues, including
interest and penalties, collected under section 297A.64, subdivision 5, in the
state treasury and credit them to the general fund. By July 15 of each year the commissioner shall transfer to the
highway user tax distribution fund an amount equal to the excess fees collected
under section 297A.64, subdivision 5, for the previous calendar year.
(e) For fiscal year 2001, 97 percent; for fiscal years 2002 and
2003, 87 percent; and for fiscal year 2004 and thereafter, 87.1 72.43
percent of the revenues, including interest and penalties, transmitted to the
commissioner under section 297A.65, must be deposited by the commissioner in
the state treasury as follows:
(1) 50 percent of the receipts must be deposited in the
heritage enhancement account in the game and fish fund, and may be spent only
on activities that improve, enhance, or protect fish and wildlife resources,
including conservation, restoration, and enhancement of land, water, and other
natural resources of the state;
(2) 22.5 percent of the receipts must be deposited in the
natural resources fund, and may be spent only for state parks and trails;
(3) 22.5 percent of the receipts must be deposited in the
natural resources fund, and may be spent only on metropolitan park and trail
grants;
(4) three percent of the receipts must be deposited in the
natural resources fund, and may be spent only on local trail grants; and
(5) two percent of the receipts must be deposited in the
natural resources fund, and may be spent only for the Minnesota zoological
garden, the Como park zoo and conservatory, and the Duluth zoo.
(f) The revenue dedicated under paragraph (e) may not be used
as a substitute for traditional sources of funding for the purposes specified,
but the dedicated revenue shall supplement traditional sources of funding for
those purposes. Land acquired with
money deposited in the game and fish fund under paragraph (e) must be open to public hunting and fishing
during the open season, except that in aquatic management areas or on lands
where angling easements have been acquired, fishing may be prohibited during
certain times of the year and hunting may be prohibited. At least 87 percent of the money deposited
in the game and fish fund for improvement, enhancement, or protection of fish
and wildlife resources under paragraph (e) must be allocated for field
operations.
Sec. 150. Minnesota
Statutes 2002, section 297F.10, subdivision 1, is amended to read:
Subdivision 1. [TAX AND
USE TAX ON CIGARETTES.] Revenue received from cigarette taxes, as well as
related penalties, interest, license fees, and miscellaneous sources of revenue
shall be deposited by the commissioner in the state treasury and credited as
follows:
(a) first to the general obligation special tax bond debt
service account in each fiscal year the amount required to increase the balance
on hand in the account on each December 1 to an amount equal to the full amount
of principal and interest to come due on all outstanding bonds whose debt
service is payable primarily from the proceeds of the tax to and including the
second following July 1; and
(b) after the requirements of paragraph (a) have been met:
(1) the revenue produced by one mill of the tax on cigarettes
weighing not more than three pounds a thousand and two mills of the tax on
cigarettes weighing more than three pounds a thousand must be credited to
the general fund from July 1, 2003, through June 30, 2005, and
credited to the Minnesota future resources fund after June 30, 2005; and
(2) the balance of the revenues derived from taxes, penalties,
and interest (under this chapter) and from license fees and miscellaneous
sources of revenue shall be credited to the general fund.
Sec. 151.
[MODIFICATIONS TO STORM WATER PERMIT FEES.]
(a) The pollution control agency shall collect water quality
permit applications and annual fees as provided in the rules of the
agency and in Laws 2002, chapter 220, article 8, section 15, with the
following modifications:
(1) the application fee for general industrial storm water
permits is reduced to zero, and the annual fee is increased to $400;
(2) the application fee for general construction storm water
permits is increased to $400; and
(3) application and annual fees for other general permits
do not apply to general municipal separate storm sewer system permits.
(b) Nothing in this section limits the authority of a county,
city, town, watershed district, or other special purpose district or
political subdivision, to impose fees or to levy taxes or assessments to
pay the cost of regulating or controlling storm water discharges to
waters of the state.
(c) The permit fee modifications provided in this section
are effective July 1, 2003. The
pollution control agency shall adopt amended water quality permit fee
rules under Minnesota Statutes, section 14.389, that incorporate the fee
modifications provided in this section.
The agency shall begin collecting fees in accordance with the
modifications in this section on July 1, 2003, regardless of the status
of those rules. Notwithstanding Minnesota Statutes, section 14.18,
subdivision 2, the permit fee modifications in this section and the rule
amendments incorporating them do not require further legislative approval.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 152. [UTILITY
LICENSES.]
Notwithstanding the repealers in this article, all licenses
issued under Minnesota Statutes, section 84.415, and Minnesota Rules,
chapter 6135, remain in effect for their existing terms, unless modified
pursuant to Minnesota Statutes, section 84.415, subdivision 6.
Sec. 153. [CONSERVATION
CORPS; TRANSFER OF ASSETS.]
The state's ownership interest in all tools, computers, and
other supplies and equipment acquired by the commissioner of natural
resources for the purpose of the conservation corps created under
Minnesota Statutes, section 84.98, is transferred to the Minnesota
conservation corps created in Minnesota Statutes, section 84.991.
Sec. 154. [CONSERVATION
CORPS; TRANSFER OF FUNDS.]
The remaining balances in the Minnesota conservation corps
cooperative agreement, youthworks, Americorps administration, education
vouchers, and gift accounts on June 30, 2003, are canceled and
reappropriated to the friends of the Minnesota conservation corps
created in Minnesota Statutes, section 84.991.
Sec. 155. [STATE FOREST
MOTORIZED TRAIL SYSTEM PLANNING PROCESS; IMPLEMENTATION.]
(a) By March 1, 2006, the commissioner of natural resources
shall complete implementation of the existing system planning process
for motorized trails in state forests.
Notwithstanding any law to the contrary, any trail or forest road
in a state forest for which motorized use was allowed from January 1,
2003, to January 1, 2006, and not closed through implementation of the
system planning process is designated for motorized use on January 1,
2006. Any mileage identified in the
system planning process for motorized trails that would be permanently
closed as a result of the system planning process must be replaced with
an equal amount of motorized mileage use. At least 50 percent of the existing forest trails and at
least 50 percent of the class 3, 4, 5, and 6 forest roads that are
currently open to off-road vehicle use must remain open to off-road
vehicle use after the system planning process has been completed. The commissioner shall sign all
trails and forest roads designated under this section for motorized use
in state forests. By January 1, 2006,
the environmental quality board shall adopt rules providing for threshold
levels for environmental review on recreational trails. Until January 1, 2006, environmental review
under Minnesota Statutes, section 116D.04, and rules adopted by the environmental
quality board do not apply to the designation of:
(1) a motorized trail within the statutory boundaries of a
state forest that is lawfully used by motorized recreational vehicles
at the time of designation;
(2) any motorized trail segment within the statutory boundaries
of a state forest that is a rerouting of a motorized trail when
necessary for safety considerations or to avoid sensitive areas;
(3) existing public or forest roads within the statutory
boundaries of a state forest for motorized recreational vehicle use;
or
(4) any new trail within the statutory boundaries of a state
forest designated by the commissioner.
(b) The commissioner shall complete the five-step public
review process as provided in the department of natural resources
publication titled: "Off-Highway
Vehicle System Planning, Project Implementation and Review: (Revised 01/07/03)" for designations
under paragraph (a), except that the commissioner shall conduct an
alternative environmental review, according to this paragraph, in lieu
of the process described in step 3, page 4, of the aforementioned
publication. The commissioner
shall conduct an internal departmental interdisciplinary environmental
review. The commissioner may make
project modifications or provide for additional mitigation as warranted
by the internal departmental interdisciplinary environmental review.
Sec. 156. [PHOSPHORUS
STUDY.]
The commissioner of the pollution control agency must study
the concept of lowering phosphorus in the wastewater stream and the
effect on water quality and how to best assist local units of government
in removing phosphorus at public wastewater treatment plants. The commissioner must review the rules on
nutrients in cleaning agents pursuant to Minnesota Statutes, sections
116.23 and 116.24, and report the results of the study and rule review
to the house and senate environment and natural resources policy and
finance committees and commerce committees by February 1, 2004.
Sec. 157. [INDIVIDUAL
SEWAGE TREATMENT SYSTEM STUDY.]
The commissioner of the pollution control agency, with input
from stakeholders, must develop and report back to the legislature by
February 1, 2004, a five-year plan to work with counties to:
(1) locate individual sewage systems that are imminent threats
to public health and safety, and those with less than two feet of soil
separation, within those counties with watersheds impaired by fecal
coliform;
(2) institute a system to oversee compliance with individual
sewage treatment maintenance requirements of Minnesota Rules, part
7080.0175; and
(3) report the results of the study to the house and senate
environment and natural resources policy and finance committees.
Sec. 158. [COUNTY
PROCESSING GRANT OBLIGATIONS.]
The outstanding obligations arising from the following specified
processing facility grants provided by the office of environmental
assistance to the listed counties are terminated, notwithstanding the
provisions of Minnesota Statutes, section 16A.695:
(1) Fillmore county, for demonstration program grants awarded
March 1987 and June 1991;
(2) St. Louis county, for a capital assistance program grant
awarded September 1989;
(3) Wright county, for a capital assistance program grant
awarded April 1990;
(4) Isanti, Chisago, Pine, Mille Lacs, and Kanabec counties,
together as the east central solid waste commission, for a capital
assistance program grant awarded September 1990, and a facility
optimization grant awarded February 1994; and
(5) Pennington county, for a capital assistance program grant
awarded in February 1992.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 159. [REPORT.]
The commissioner shall report to the legislature by August
1, 2004, on the results of the mourning dove season authorized by
Minnesota Statutes, section 97B.717.
The report must include a description of the impact of the season
on the mourning dove population in the state.
Sec. 160.
[REVISOR'S INSTRUCTION.]
The revisor of statutes shall change the reference in Minnesota
Rules, part 8420.0740, subpart 1, item I, subitem (3), from
"8420.0720, subpart 8a" to "8420.0720, subpart 8."
Sec. 161. [REPEALER.]
(a) Minnesota Statutes 2002, section 97B.731, subdivision
2, is repealed effective the day following final enactment.
(b) Minnesota Statutes 2002, sections 1.31; 1.32; 84.0887;
84.415, subdivisions 1 and 3; 84.98; 84.99; 93.2235; 97A.485, subdivision
12; 103B.311, subdivisions 5, 6, and 7; 103B.315, subdivisions 1, 2, 3,
and 7; 103B.321, subdivision 3; and 103B.3369, subdivision 3; Minnesota
Rules, parts 6135.0100; 6135.0200; 6135.0300; 6135.0400; 6135.0510;
6135.0610; 6135.0710; 6135.0810; 6135.1000; 6135.1100; 6135.1200; 6135.1300;
6135.1400; 6135.1500; 6135.1600; 6135.1700; 6135.1800; 9300.0010;
9300.0020; 9300.0030; 9300.0040; 9300.0050; 9300.0060; 9300.0070;
9300.0080; 9300.0090; 9300.0100; 9300.0110; 9300.0120; 9300.0130;
9300.0140; 9300.0150; 9300.0160; 9300.0170; 9300.0180; 9300.0190; 9300.0200;
and 9300.0210, are repealed.
(c) Minnesota Statutes 2002, section 97A.105, subdivisions
3a and 3b, are repealed effective January 1, 2004.
Sec. 162. [EFFECTIVE
DATE.]
Except as otherwise provided, this article is effective July
1, 2003.
ARTICLE
2
ENVIRONMENTAL
FUND CHANGES
Section 1. Minnesota
Statutes 2002, section 16A.531, subdivision 1, is amended to read:
Subdivision 1.
[ENVIRONMENTAL FUND.] There is created in the state treasury an
environmental fund as a special revenue fund for deposit of receipts from
environmentally related taxes, fees, and activities conducted
by the state other sources as provided in subdivision 1a.
Sec. 2. Minnesota
Statutes 2002, section 16A.531, is amended by adding a subdivision to read:
Subd. 1a.
[REVENUES.] The following revenues must be deposited in the
environmental fund:
(1) all revenue from the motor vehicle transfer fee imposed
under section 115A.908;
(2) all fees collected under section 116.07, subdivision
4d;
(3) all money collected by the pollution control agency in
enforcement matters as provided in section 115.073;
(4) all revenues from license fees for individual sewage
treatment systems under section 115.56;
(5) all loan repayments deposited under section 115A.0716;
(6) all revenue from pollution prevention fees imposed under
section 115D.12;
(7) all loan repayments deposited under section 116.994;
(8) all fees collected under section 116C.834;
(9) revenue collected from the solid waste management tax
pursuant to chapter 297H;
(10) fees collected under section 473.844; and
(11) interest accrued on the fund.
Sec. 3. Minnesota
Statutes 2002, section 115.073, is amended to read:
115.073 [ENFORCEMENT FUNDING.]
Except as provided in sections 115B.20, subdivision 4,
clause (2); section 115C.05; and 473.845, subdivision 8, all
money recovered by the state under this chapter and chapters 115A and 116, including
civil penalties and money paid under an agreement, stipulation, or settlement,
excluding money paid for past due fees or taxes, up to the amount appropriated
for implementation of Laws 1991, chapter 347, must be deposited in the state
treasury and credited to the environmental fund.
Sec. 4. Minnesota
Statutes 2002, section 115.56, subdivision 4, is amended to read:
Subd. 4. [LICENSE FEE.]
The fee for a license required under subdivision 2 is $100 per year. Revenue from the fees must be credited to
the environmental fund and is exempt from section 16A.1285.
Sec. 5. Minnesota
Statutes 2002, section 115A.0716, subdivision 3, is amended to read:
Subd. 3. [REVOLVING
ACCOUNT.] An environmental assistance revolving account is established in the
environmental fund. All repayments
of loans awarded under this subdivision, including principal and interest, must
be deposited into credited to the account environmental
fund. Money deposited in the
account fund under this section is annually appropriated to the
director for loans for purposes identified in subdivisions 1 and 2.
Sec. 6. Minnesota
Statutes 2002, section 115A.9651, subdivision 6, is amended to read:
Subd. 6. [PRODUCT
REVIEW REPORTS.] (a) Except as provided under subdivision 7, the manufacturer,
or an association of manufacturers, of any specified product distributed for
sale or use in this state that is not listed pursuant to subdivision 4 shall
submit a product review report and fee as provided in paragraph (c) to the
commissioner for each product by July 1, 1998.
Each product review report shall contain at least the following:
(1) a policy statement articulating upper management support
for eliminating or reducing intentional introduction of listed metals into its
products;
(2) a description of the product and the amount of each listed
metal distributed for use in this state;
(3) a description of past and ongoing efforts to eliminate or
reduce the listed metal in the product;
(4) an assessment of options available to reduce or eliminate
the intentional introduction of the listed metal including any alternatives to
the specified product that do not contain the listed metal, perform the same
technical function, are commercially available, and are economically practicable;
(5) a statement of objectives in numerical terms and a schedule
for achieving the elimination of the listed metals and an environmental
assessment of alternative products;
(6) a listing of options considered
not to be technically or economically practicable; and
(7) certification attesting to the accuracy of the information
in the report signed and dated by an official of the manufacturer or user.
If the manufacturer fails to
submit a product review report, a user of a specified product may submit a
report and fee which comply with this subdivision by August 15, 1998.
(b) By July 1, 1999, and annually thereafter until the
commissioner takes action under subdivision 9, the manufacturer or user must
submit a progress report and fee as provided in paragraph (c) updating the
information presented under paragraph (a).
(c) The fee shall be $295 for each report. The fee shall be deposited in the state
treasury and credited to the environmental fund. The fee is exempt from section 16A.1285.
(d) Where it cannot be determined from a progress report
submitted by a person pursuant to Laws 1994, chapter 585, section 30,
subdivision 2, paragraph (e), the number of products for which product review
reports are due under this subdivision, the commissioner shall have the
authority to determine, after consultation with that person, the number of
products for which product review reports are required.
(e) The commissioner shall summarize, aggregate, and publish
data reported under paragraphs (a) and (b) annually.
(f) A product that is the subject of a recommendation by the
Toxics in Packaging Clearinghouse, as administered by the Council of State
Governments, is exempt from this section.
Sec. 7. Minnesota
Statutes 2002, section 115B.17, subdivision 6, is amended to read:
Subd. 6. [RECOVERY OF
EXPENSES.] Any reasonable and necessary expenses incurred by the agency or
commissioner pursuant to this section, including all response costs, and
administrative and legal expenses, may be recovered in a civil action brought
by the attorney general against any person who may be liable under section
115B.04 or any other law. The agency's
certification of expenses shall be prima facie evidence that the expenses are reasonable
and necessary. Any expenses incurred
pursuant to this section which are recovered by the attorney general pursuant
to section 115B.04 or any other law, including any award of attorneys fees,
shall be deposited in the remediation fund and credited to a special
account for additional response actions as provided in section 115B.20,
subdivision 2, clause (2) or (4).
Sec. 8. Minnesota
Statutes 2002, section 115B.17, subdivision 7, is amended to read:
Subd. 7. [ACTIONS
RELATING TO NATURAL RESOURCES.] For the purpose of this subdivision, the state
is the trustee of the air, water and wildlife of the state. An action pursuant to section 115B.04 for
damages with respect to air, water or wildlife may be brought by the attorney
general in the name of the state as trustee for those natural resources. Any damages recovered by the attorney
general pursuant to section 115B.04 or any other law for injury to, destruction
of, or loss of natural resources resulting from the release of a hazardous
substance, or a pollutant or contaminant, shall be deposited in the account
remediation fund.
Sec. 9. Minnesota
Statutes 2002, section 115B.17, subdivision 14, is amended to read:
Subd. 14. [REQUESTS FOR
REVIEW, INVESTIGATION, AND OVERSIGHT.] (a) The commissioner may, upon request,
assist a person in determining whether real property has been the site of a
release or threatened release of a hazardous substance, pollutant, or
contaminant. The commissioner may also
assist in, or supervise, the development
and implementation of reasonable and necessary response actions. Assistance may include review of agency
records and files, and review and approval of a requester's investigation plans
and reports and response action plans and implementation.
(b) Except as otherwise provided in this paragraph, the person
requesting assistance under this subdivision shall pay the agency for the
agency's cost, as determined by the commissioner, of providing assistance. A state agency, political subdivision, or
other public entity is not required to pay for the agency's cost to review
agency records and files. Money received by the agency for assistance under
this section must be deposited in the environmental response, compensation,
and compliance remediation fund and is exempt from section 16A.1285.
(c) When a person investigates a release or threatened release
in accordance with an investigation plan approved by the commissioner under
this subdivision, the investigation does not associate that person with the
release or threatened release for the purpose of section 115B.03, subdivision
3, clause (4).
Sec. 10. Minnesota
Statutes 2002, section 115B.17, subdivision 16, is amended to read:
Subd. 16. [DISPOSITION
OF PROPERTY ACQUIRED FOR RESPONSE ACTION.] (a) If the commissioner determines
that real or personal property acquired by the agency for response action is no
longer needed for response action purposes, the commissioner may:
(1) transfer the property to the commissioner of administration
to be disposed of in the manner required for other surplus property subject to
conditions the commissioner determines necessary to protect the public health
and welfare or the environment, or to comply with federal law;
(2) transfer the property to another state agency, a political
subdivision, or special purpose district as provided in paragraph (b); or
(3) if required by federal law, take actions and dispose of the
property as required by federal law.
(b) If the commissioner determines that real or personal
property acquired by the agency for response action must be operated,
maintained, or monitored after completion of other phases of the response
action, the commissioner may transfer ownership of the property to another
state agency, a political subdivision, or special purpose district that agrees
to accept the property. A state agency,
political subdivision, or special purpose district is authorized to accept and
implement the terms and conditions of a transfer under this paragraph. The commissioner may set terms and
conditions for the transfer that the commissioner considers reasonable and
necessary to ensure proper operation, maintenance, and monitoring of response
actions, protect the public health and welfare and the environment, and comply
with applicable federal and state laws and regulations. The state agency, political subdivision, or
special purpose district to which the property is transferred is not liable
under this chapter solely as a result of acquiring the property or acting in
accordance with the terms and conditions of the transfer.
(c) If the agency acquires property under subdivision 15, the
commissioner may lease or grant an easement in the property to a person during
the implementation of response actions if the lease or easement is compatible
with or necessary for response action implementation.
(d) The proceeds of a sale, lease, or other transfer of
property under this subdivision by the commissioner or by the commissioner of
administration shall be deposited in the environmental response,
compensation, and compliance account remediation fund. Any share of the proceeds that the agency is
required by federal law or regulation to reimburse to the federal government is
appropriated from the account to the agency for that purpose. Except for
section 94.16, subdivision 2, the provisions of section 94.16 do not apply to
real property sold by the commissioner of administration which was acquired
under subdivision 15.
Sec. 11. Minnesota Statutes 2002, section 115B.19, is amended to read:
115B.19 [PURPOSES OF ACCOUNT AND TAXES PURPOSE OF
FUND.]
In establishing the environmental response, compensation and
compliance account remediation fund in section 115B.20 and
imposing taxes in section 115B.22 116.155 it is the purpose of the
legislature to:
(1) encourage treatment and disposal of hazardous waste in a
manner that adequately protects the public health or welfare or the
environment;
(2) encourage responsible parties to provide the response
actions necessary to protect the public and the environment from the effects of
the release of hazardous substances;
(3) encourage the use of alternatives to land disposal of
hazardous waste including resource recovery, recycling, neutralization, and
reduction;
(4) provide state agencies with the financial resources needed
to prepare and implement an effective and timely state response to the release
of hazardous substances, including investigation, planning, removal and
remedial action;
(5) compensate for increased governmental expenses and loss of
revenue and to provide other appropriate assistance to mitigate any adverse
impact on communities in which commercial hazardous waste processing or
disposal facilities are located under the siting process provided in chapter
115A;
(6) recognize the environmental and public health costs of land
disposal of solid waste and of the use and disposal of hazardous substances and
to place the burden of financing state hazardous waste management activities on
those whose products and services contribute to hazardous waste management
problems and increase the risks of harm to the public and the environment.
Sec. 12. Minnesota
Statutes 2002, section 115B.20, is amended to read:
115B.20 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND
COMPLIANCE ACCOUNT ACTIONS USING MONEY FROM REMEDIATION FUND.]
Subdivision 1.
[ESTABLISHMENT.] (a) The environmental response, compensation, and
compliance account is in the environmental fund in the state treasury and may
be spent only for the purposes provided in subdivision 2.
(b) The commissioner of finance shall administer a response
account for the agency and the commissioner of agriculture to take removal,
response, and other actions authorized under subdivision 2, clauses (1) to (4)
and (9) to (11). The commissioner of
finance shall transfer money from the response account to the agency and the
commissioner of agriculture to take actions required under subdivision 2,
clauses (1) to (4) and (9) to (11).
(c) The commissioner of finance shall administer the account
in a manner that allows the commissioner of agriculture and the agency to
utilize the money in the account to implement their removal and remedial action
duties as effectively as possible.
(d) Amounts appropriated to the commissioner of finance
under this subdivision shall not be included in the department of finance
budget but shall be included in the pollution control agency and department of
agriculture budgets.
(e) All money recovered by the
state under section 115B.04 or any other law for injury to, destruction of, or
loss of natural resources resulting from the release of a hazardous substance,
or a pollutant or contaminant, must be credited to the environmental response,
compensation, and compliance account in the environmental fund and is
appropriated to the commissioner of natural resources for purposes of
subdivision 2, clause (5), consistent with any applicable term of judgments,
consent decrees, consent orders, or other administrative actions requiring
payments to the state for such purposes.
Before making an expenditure of money appropriated under this paragraph,
the commissioner of natural resources shall provide written notice of the
proposed expenditure to the chairs of the senate committee on finance, the
house of representatives committee on ways and means, the finance division of
the senate committee on environment and natural resources, and the house of
representatives committee on environment and natural resources finance.
Subd. 2. [PURPOSES FOR
WHICH MONEY MAY BE SPENT.] Subject to appropriation by the legislature the money
in the account Money appropriated from the remediation fund under section
116.155, subdivision 2, paragraph (a), clause (1), may be spent only
for any of the following purposes:
(1) preparation by the agency and the commissioner of
agriculture for taking removal or remedial action under section 115B.17, or
under chapter 18D, including investigation, monitoring and testing activities,
enforcement and compliance efforts relating to the release of hazardous
substances, pollutants or contaminants under section 115B.17 or 115B.18, or
chapter 18D;
(2) removal and remedial actions taken or authorized by the
agency or the commissioner of the pollution control agency under section
115B.17, or taken or authorized by the commissioner of agriculture under chapter
18D including related enforcement and compliance efforts under section 115B.17
or 115B.18, or chapter 18D, and payment of the state share of the cost of
remedial action which may be carried out under a cooperative agreement with the
federal government pursuant to the federal Superfund Act, under United States
Code, title 42, section 9604(c)(3) for actions related to facilities other than
commercial hazardous waste facilities located under the siting authority of
chapter 115A;
(3) reimbursement to any private person for expenditures made
before July 1, 1983, to provide alternative water supplies deemed necessary by
the agency or the commissioner of agriculture and the department of health to
protect the public health from contamination resulting from the release of a
hazardous substance;
(4) removal and remedial actions taken or authorized by the
agency or the commissioner of agriculture or the pollution control agency under
section 115B.17, or chapter 18D, including related enforcement and compliance
efforts under section 115B.17 or 115B.18, or chapter 18D, and payment of the
state share of the cost of remedial action which may be carried out under a
cooperative agreement with the federal government pursuant to the federal
Superfund Act, under United States Code, title 42, section 9604(c)(3) for
actions related to commercial hazardous waste facilities located under the
siting authority of chapter 115A;
(5) assessment and recovery of natural resource
damages by the agency and the commissioners of natural resources and
administration, and planning and implementation by the commissioner of
natural resources of the rehabilitation, restoration, or acquisition of natural
resources to remedy injuries or losses to natural resources resulting from the
release of a hazardous substance; before implementing a project to
rehabilitate, restore, or acquire natural resources under this clause,
the commissioner of natural resources shall provide written notice of
the proposed project to the chairs of the senate and house of
representatives committees with jurisdiction over environment and
natural resources finance;
(6) inspection, monitoring, and compliance efforts by the
agency, or by political subdivisions with agency approval, of commercial
hazardous waste facilities located under the siting authority of chapter 115A;
(7) grants by the agency or the
office of environmental assistance to demonstrate alternatives to land disposal
of hazardous waste including reduction, separation, pretreatment, processing
and resource recovery, for education of persons involved in regulating and
handling hazardous waste;
(8) grants by the agency to study the extent of
contamination and feasibility of cleanup of hazardous substances and pollutants
or contaminants in major waterways of the state;
(9) (5) acquisition of a property interest under
section 115B.17, subdivision 15;
(10) (6) reimbursement, in an amount to be
determined by the agency in each case, to a political subdivision that is not a
responsible person under section 115B.03, for reasonable and necessary
expenditures resulting from an emergency caused by a release or threatened
release of a hazardous substance, pollutant, or contaminant; and
(11) (7) reimbursement to a political subdivision
for expenditures in excess of the liability limit under section 115B.04,
subdivision 4.
Subd. 3. [LIMIT ON
CERTAIN EXPENDITURES.] The commissioner of agriculture or the pollution control
agency or the agency may not spend any money under subdivision 2, clause (2) or
(4), for removal or remedial actions to the extent that the costs of those
actions may be compensated from any fund established under the Federal
Superfund Act, United States Code, title 42, section 9600 et seq. The commissioner of agriculture or the
pollution control agency or the agency shall determine the extent to which any
of the costs of those actions may be compensated under the federal act based on
the likelihood that the compensation will be available in a timely fashion. In making this determination the
commissioner of agriculture or the pollution control agency or the agency shall
take into account:
(1) the urgency of the removal or remedial actions and the
priority assigned under the Federal Superfund Act to the release which
necessitates those actions;
(2) the availability of money in the funds established under
the Federal Superfund Act; and
(3) the consistency of any compensation for the cost of the
proposed actions under the Federal Superfund Act with the national contingency
plan, if such a plan has been adopted under that act.
Subd. 4. [REVENUE
SOURCES.] Revenue from the following sources shall be deposited in the account:
(1) the proceeds of the taxes imposed pursuant to section
115B.22, including interest and penalties;
(2) all money recovered by the state under sections 115B.01
to 115B.18 or under any other statute or rule related to the regulation of
hazardous waste or hazardous substances, including civil penalties and money
paid under any agreement, stipulation or settlement but excluding fees imposed
under section 116.12;
(3) all interest attributable to investment of money
deposited in the account; and
(4) all money received in the form of gifts, grants,
reimbursement or appropriation from any source for any of the purposes provided
in subdivision 2, except federal grants.
Subd. 5.
[RECOMMENDATION.] The commissioner of agriculture shall make
recommendations to the standing legislative committees on finance and
appropriations regarding appropriations from the account.
Subd. 6. [REPORT TO
LEGISLATURE.] Each year, the commissioner of agriculture and the agency shall
submit to the senate finance committee, the house ways and means committee, the
environment and natural resources committees of the senate and house of
representatives, the finance division of the senate committee on environment and natural
resources, and the house of representatives committee on environment and
natural resources finance, and the environmental quality board a report
detailing the activities for which money from the account has been spent
pursuant to this section during the previous fiscal year.
Sec. 13. Minnesota
Statutes 2002, section 115B.22, subdivision 7, is amended to read:
Subd. 7. [DISPOSITION
OF PROCEEDS.] After reimbursement to the department of revenue for costs
incurred in administering sections 115B.22 and 115B.24, the proceeds of the
taxes imposed under this section including any interest and penalties shall be
deposited in the environmental response, compensation, and compliance
account fund.
Sec. 14. Minnesota
Statutes 2002, section 115B.25, subdivision 1a, is amended to read:
Subd. 1a. [ACCOUNT
FUND.] Except when another fund or account is specified, "account
fund" means the environmental response, compensation, and
compliance account remediation fund established in section 115B.20
116.155.
Sec. 15. Minnesota
Statutes 2002, section 115B.25, subdivision 4, is amended to read:
Subd. 4. [ELIGIBLE
PERSON.] "Eligible person" means a person who is eligible to file a
claim with the account fund under section 115B.29.
Sec. 16. Minnesota
Statutes 2002, section 115B.26, is amended to read:
115B.26 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND
COMPLIANCE ACCOUNT PAYMENT OF CLAIMS.]
Subd. 2. [APPROPRIATION.]
The amount necessary to pay claims of compensation granted by the agency under
sections 115B.25 to 115B.37 is must be directly appropriated to
the agency from the account fund by the legislature.
Subd. 3. [PAYMENT OF
CLAIMS WHEN ACCOUNT INSUFFICIENT.] If the amount of the claims granted exceeds
the amount in the account, the agency shall request a transfer from the general
contingent account to the environmental response, compensation, and compliance
account as provided in section 3.30. If
no transfer is approved, the agency shall pay the claims which have been
granted in the order granted only to the extent of the money remaining in the
account. The agency shall pay the
remaining claims which have been granted after additional money is credited to
the account.
Subd. 4. [ACCOUNT
TRANSFER REQUEST.] At the end of each fiscal year, the agency shall submit a
request to the petroleum tank release compensation board for transfer to the account
fund from the petroleum tank release cleanup fund under section 115C.08,
subdivision 5, of an amount equal to the compensation granted by the agency for
claims related to petroleum releases plus administrative costs related to
determination of those claims.
Sec. 17. Minnesota
Statutes 2002, section 115B.30, is amended to read:
115B.30 [ELIGIBLE INJURY AND DAMAGE.]
Subdivision 1.
[ELIGIBLE PERSONAL INJURY.] (a) A personal injury which could reasonably
have resulted from exposure to a harmful substance released from a facility
where it was placed or came to be located is eligible for compensation from the
account fund if:
(1) it is a medically verified chronic or progressive
disease, illness, or disability such as cancer, organic nervous system
disorders, or physical deformities, including malfunctions in reproduction, in
humans or their offspring, or death; or
(2) it is a medically verified acute disease or condition that
typically manifests itself rapidly after a single exposure or limited exposures
and the persons responsible for the release of the harmful substance are
unknown or cannot with reasonable diligence be determined or located or a
judgment would not be satisfied in whole or in part against the persons
determined to be responsible for the release of the harmful substance.
(b) A personal injury is not compensable from the account if:
(1) the injury is compensable under the workers' compensation
law, chapter 176;
(2) the injury arises out of the claimant's use of a consumer
product;
(3) the injury arises out of an exposure that occurred or is
occurring outside the geographical boundaries of the state;
(4) the injury results from the release of a harmful substance
for which the claimant is a responsible person; or
(5) the injury is an acute disease or condition other than one
described in paragraph (a).
Subd. 2. [ELIGIBLE
PROPERTY DAMAGE.] Damage to real property in Minnesota owned by the claimant is
eligible for compensation from the account fund if the damage
results from the presence in or on the property of a harmful substance released
from a facility where it was placed or came to be located. Damage to property is not eligible for
compensation from the account fund if it results from the release
of a harmful substance for which the claimant is a responsible person.
Subd. 3. [TIME FOR
FILING CLAIM.] (a) A claim is not eligible for compensation from the account
fund unless it is filed with the agency within the time provided in this
subdivision.
(b) A claim for compensation for personal injury must be filed
within two years after the injury and its connection to exposure to a harmful
substance was or reasonably should have been discovered.
(c) A claim for compensation for property damage must be filed
within two years after the full amount of compensable losses can be determined.
(d) Notwithstanding the provisions of this subdivision, claims
for compensation that would otherwise be barred by any statute of limitations
provided in sections 115B.25 to 115B.37 may be filed not later than January 1,
1992.
Sec. 18. Minnesota
Statutes 2002, section 115B.31, subdivision 1, is amended to read:
Subdivision 1.
[SUBSEQUENT ACTION OR CLAIM PROHIBITED IN CERTAIN CASES.] (a) A person
who has settled a claim for an eligible injury or eligible property damage with
a responsible person, either before or after bringing an action in court for
that injury or damage, may not file a claim with the account for the same
injury or damage. A person who has
received a favorable judgment in a court action for an eligible injury or
eligible property damage may not file a claim with the account fund
for the same injury or damage, unless the judgment cannot be satisfied in whole
or in part against the persons responsible for the release of the harmful
substance. A person who has filed a
claim with the agency or its predecessor, the harmful substance compensation
board, may not file another claim with the agency for the same eligible injury
or damage, unless the claim was inactivated by the agency or board as provided
in section 115B.32, subdivision 1.
(b) A person who has filed a claim with the agency or board
for an eligible injury or damage, and who has received and accepted an award
from the agency or board, is precluded from bringing an action in court for the
same eligible injury or damage.
(c) A person who files a claim with the agency for personal
injury or property damage must include all known claims eligible for
compensation in one proceeding before the agency.
Sec. 19. Minnesota
Statutes 2002, section 115B.31, subdivision 3, is amended to read:
Subd. 3. [SUBROGATION
BY STATE.] The state is subrogated to all the claimant's rights under statutory
or common law to recover losses compensated from the account fund
from other sources, including responsible persons as defined in section
115B.03. The state may bring a
subrogation action in its own name or in the name of the claimant. The state may not bring a subrogation action
against a person who was a party in a court action by the claimant for the same
eligible injury or damage, unless the claimant dismissed the action prior to
trial. Money recovered by the state
under this subdivision must be deposited in the account fund. Nothing in sections 115B.25 to 115B.37 shall
be construed to create a standard of recovery in a subrogation action.
Sec. 20. Minnesota
Statutes 2002, section 115B.31, subdivision 4, is amended to read:
Subd. 4. [SIMULTANEOUS
CLAIM AND COURT ACTION PROHIBITED.] A claimant may not commence a court action
to recover for any injury or damage for which the claimant seeks compensation
from the account fund during the time that a claim is pending
before the agency. A person may not
file a claim with the agency for compensation for any injury or damage for
which the claimant seeks to recover in a pending court action. The time for filing a claim under section
115B.30 or the statute of limitations for any civil action is suspended during
the period of time that a claimant is precluded from filing a claim or
commencing an action under this subdivision.
Sec. 21. Minnesota
Statutes 2002, section 115B.32, subdivision 1, is amended to read:
Subdivision 1. [FORM.]
A claim for compensation from the account fund must be filed with
the agency in the form required by the agency.
When a claim does not include all the information required by
subdivision 2 and applicable agency rules, the agency staff shall notify the
claimant of the absence of the required information within 14 days of the
filing of the claim. All required
information must be received by the agency not later than 60 days after the
claimant received notice of its absence or the claim will be inactivated and
may not be resubmitted for at least one year following the date of
inactivation. The agency may decide not
to inactivate a claim under this subdivision if it finds serious extenuating
circumstances.
Sec. 22. Minnesota
Statutes 2002, section 115B.33, subdivision 1, is amended to read:
Subdivision 1.
[STANDARD FOR PERSONAL INJURY.] The agency shall grant compensation to a
claimant who shows that it is more likely than not that:
(1) the claimant suffers a medically verified injury that is
eligible for compensation from the account fund and that has
resulted in a compensable loss;
(2) the claimant has been exposed to a harmful substance;
(3) the release of the harmful substance from a facility where
the substance was placed or came to be located could reasonably have resulted
in the claimant's exposure to the substance in the amount and duration
experienced by the claimant; and
(4) the injury suffered by the claimant can be caused or
significantly contributed to by exposure to the harmful substance in an amount
and duration experienced by the claimant.
Sec. 23. Minnesota
Statutes 2002, section 115B.34, is amended to read:
115B.34 [COMPENSABLE LOSSES.]
Subdivision 1.
[PERSONAL INJURY LOSSES.] Losses compensable by the account fund
for personal injury are limited to:
(1) medical expenses directly related to the claimant's injury;
(2) up to two-thirds of the claimant's lost wages not to exceed
$2,000 per month or $24,000 per year;
(3) up to two-thirds of a self-employed claimant's lost income,
not to exceed $2,000 per month or $24,000 per year;
(4) death benefits to dependents which the agency shall define
by rule subject to the following conditions:
(i) the rule adopted by the agency must establish a schedule of
benefits similar to that established by section 176.111 and must not provide
for the payment of benefits to dependents other than those dependents defined
in section 176.111;
(ii) the total benefits paid to all dependents of a claimant
must not exceed $2,000 per month;
(iii) benefits paid to a spouse and all dependents other than
children must not continue for a period longer than ten years;
(iv) payment of benefits is subject to the limitations of
section 115B.36; and
(5) the value of household labor lost due to the claimant's
injury or disease, which must be determined in accordance with a schedule
established by the board by rule, not to exceed $2,000 per month or $24,000 per
year.
Subd. 2. [PROPERTY
DAMAGE LOSSES.] (a) Losses compensable by the account fund for
property damage are limited to the following losses caused by damage to the
principal residence of the claimant:
(1) the reasonable cost of replacing or decontaminating the
primary source of drinking water for the property not to exceed the amount
actually expended by the claimant or assessed by a local taxing authority, if
the department of health has confirmed that the remedy provides safe drinking
water and advised that the water not be used for drinking or determined that
the replacement or decontamination of the source of drinking water was
necessary, up to a maximum of $25,000;
(2) losses incurred as a result of a bona fide sale of the
property at less than the appraised market value under circumstances that
constitute a hardship to the owner, limited to 75 percent of the difference
between the appraised market value and the selling price, but not to exceed $25,000;
and
(3) losses incurred as a result of the inability of an owner in
hardship circumstances to sell the property due to the presence of harmful
substances, limited to the increase in costs associated with the need to
maintain two residences, but not to exceed $25,000.
(b) In computation of the loss under
paragraph (a), clause (3), the agency shall offset the loss by the amount of
any income received by the claimant from the rental of the property.
(c) For purposes of paragraph (a), the following definitions
apply:
(1) "appraised market value" means an appraisal of
the market value of the property disregarding any decrease in value caused by
the presence of a harmful substance in or on the property; and
(2) "hardship" means an urgent need to sell the
property based on a special circumstance of the owner including catastrophic
medical expenses, inability of the owner to physically maintain the property
due to a physical or mental condition, and change of employment of the owner or
other member of the owner's household requiring the owner to move to a
different location.
(d) Appraisals are subject to agency approval. The agency may adopt rules governing
approval of appraisals, criteria for establishing a hardship, and other matters
necessary to administer this subdivision.
Sec. 24. Minnesota
Statutes 2002, section 115B.36, is amended to read:
115B.36 [AMOUNT AND FORM OF PAYMENT.]
If the agency decides to grant compensation, it shall determine
the net uncompensated loss payable to the claimant by computing the total
amount of compensable losses payable to the claimant and subtracting the total
amount of any compensation received by the claimant for the same injury or
damage from other sources including, but not limited to, all forms of insurance
and social security and any emergency award made by the agency. The agency shall pay compensation in the
amount of the net uncompensated loss, provided that no claimant may receive
more than $250,000. In the case of a
death, the total amount paid to all persons on behalf of the claimant may not
exceed $250,000.
Compensation from the account fund may be awarded
in a lump sum or in installments at the discretion of the agency.
Sec. 25. Minnesota
Statutes 2002, section 115B.40, subdivision 4, is amended to read:
Subd. 4. [QUALIFIED
FACILITY NOT UNDER CLEANUP ORDER; DUTIES.] (a) The owner or operator of a
qualified facility that is not subject to a cleanup order shall:
(1) complete closure activities at the facility, or enter into
a binding agreement with the commissioner to do so, as provided in paragraph
(e), within one year from the date the owner or operator is notified by the
commissioner under subdivision 3 of the closure activities that are necessary
to properly close the facility in compliance with facility's permit, closure
orders, or enforcement agreement with the agency, and with the solid waste
rules in effect at the time the facility stopped accepting waste;
(2) undertake or continue
postclosure care at the facility until the date of notice of compliance under
subdivision 7;
(3) in the case of qualified facilities defined in section
115B.39, subdivision 2, paragraph (l), clause (1), transfer to the commissioner
of revenue for deposit in the solid waste remediation fund
established in section 115B.42 116.155 any funds required for
proof of financial responsibility under section 116.07, subdivision 4h, that
remain after facility closure and any postclosure care and response action
undertaken by the owner or operator at the facility including, if proof of
financial responsibility is provided through a letter of credit or other
financial instrument or mechanism that does not accumulate money in an account,
the amount that would have accumulated had the owner or operator utilized a
trust fund, less any amount used for closure, postclosure care, and response
action at the facility; and
(4) in the case of qualified
facilities defined in section 115B.39, subdivision 2, paragraph (l), clause
(2), transfer to the commissioner of revenue for deposit in the solid waste
remediation fund established in section 115B.42 116.155 an
amount of cash that is equal to the sum of their approved current contingency
action cost estimate and the present value of their approved estimated remaining
postclosure care costs required for proof of financial responsibility under
section 116.07, subdivision 4h.
(b) The owner or operator of a qualified facility that is not
subject to a cleanup order shall:
(1) in the case of qualified facilities defined in section
115B.39, subdivision 2, paragraph (l), clause (1), provide the commissioner
with a copy of all applicable comprehensive general liability insurance
policies and other liability policies relating to property damage,
certificates, or other evidence of insurance coverage held during the life of
the facility; and
(2) enter into a binding agreement with the commissioner to:
(i) in the case of qualified facilities defined in section
115B.39, subdivision 2, paragraph (l), clause (1), take any actions necessary
to preserve the owner or operator's rights to payment or defense under
insurance policies included in clause (1); cooperate with the commissioner in
asserting claims under the policies; and, within 60 days of a request by the
commissioner, but no earlier than July 1, 1996, assign only those rights under
the policies related to environmental response costs;
(ii) cooperate with the commissioner or other persons acting at
the direction of the commissioner in taking additional environmental response
actions necessary to address releases or threatened releases and to avoid any
action that interferes with environmental response actions, including allowing
entry to the property and to the facility's records and allowing entry and
installation of equipment; and
(iii) refrain from developing or altering the use of property
described in any permit for the facility except after consultation with the
commissioner and in conformance with any conditions established by the
commissioner for that property, including use restrictions, to protect public
health and welfare and the environment.
(c) The owner or operator of a qualified facility defined in
section 115B.39, subdivision 2, paragraph (l), clause (1), that is a political
subdivision may use a portion of any funds established for response at the
facility, which are available directly or through a financial instrument or
other financial arrangement, for closure or postclosure care at the facility if
funds available for closure or postclosure care are inadequate and shall assign
the rights to any remainder to the commissioner.
(d) The agreement required in paragraph (b), clause (2), must
be in writing and must apply to and be binding upon the successors and assigns
of the owner. The owner shall record
the agreement, or a memorandum approved by the commissioner that summarizes the
agreement, with the county recorder or registrar of titles of the county where
the property is located.
(e) A binding agreement entered into under paragraph (a), clause
(1), may include a provision that the owner or operator will reimburse the
commissioner for the costs of closing the facility to the standard required in
that clause.
Sec. 26. Minnesota
Statutes 2002, section 115B.41, subdivision 1, is amended to read:
Subdivision 1.
[ALLOCATION AND RECOVERY OF COSTS.] (a) A person who is subject to the
requirements in section 115B.40, subdivision 4 or 5, paragraph (b), is
responsible for all environmental response costs incurred by the commissioner
at or related to the facility until the date of notice of compliance under
section 115B.40, subdivision 7. The
commissioner may use any funds available for closure, postclosure care, and
response action
established by the owner or operator.
If those funds are insufficient or if the owner or operator fails to
assign rights to them to the commissioner, the commissioner may seek recovery
of environmental response costs against the owner or operator in the county of
Ramsey or in the county where the facility is located or where the owner or
operator resides.
(b) In an action brought under this subdivision in which the
commissioner prevails, the court shall award the commissioner reasonable
attorney fees and other litigation expenses incurred by the commissioner to
bring the action. All costs, fees, and
expenses recovered under this subdivision must be deposited in the solid
waste remediation fund established in section 115B.42 116.155.
Sec. 27. Minnesota
Statutes 2002, section 115B.41, subdivision 2, is amended to read:
Subd. 2. [ENVIRONMENTAL
RESPONSE COSTS; LIENS.] All environmental response costs, including
administrative and legal expenses, incurred by the commissioner at a qualified
facility before the date of notice of compliance under section 115B.40, subdivision
7, constitute a lien in favor of the state upon any real property located in
the state, other than homestead property, owned by the owner or operator who is
subject to the requirements of section 115B.40, subdivision 4 or 5. A lien under this subdivision attaches when
the environmental response costs are first incurred and continues until the
lien is satisfied or becomes unenforceable as for an environmental lien under
section 514.672. Notice, filing, and release
of the lien are governed by sections 514.671 to 514.676, except where those
requirements specifically are related to only cleanup action expenses as
defined in section 514.671. Relative
priority of a lien under this subdivision is governed by section 514.672,
except that a lien attached to property that was included in any permit for the
solid waste disposal facility takes precedence over all other liens regardless
of when the other liens were or are perfected.
Amounts received to satisfy all or a part of a lien must be deposited in
the solid waste remediation fund.
Sec. 28. Minnesota
Statutes 2002, section 115B.41, subdivision 3, is amended to read:
Subd. 3. [LOCAL
GOVERNMENT AID; OFFSET.] If an owner or operator fails to comply with section
115B.40, subdivision 4, or 5, paragraph (b), fails to remit payment of
environmental response costs incurred by the commissioner before the date of
notice of compliance under section 115B.40, subdivision 7, and is a local
government unit, the commissioner may seek payment of the costs from any state
aid payments, except payments made under section 115A.557, subdivision 1,
otherwise due the local government unit.
The commissioner of revenue, after being notified by the commissioner
that the local government unit has failed to pay the costs and the amount due,
shall pay an annual proportionate amount of the state aid payment otherwise
payable to the local government unit into the solid waste remediation
fund that will, over a period of no more than five years, satisfy the liability
of the local government unit for the costs.
Sec. 29. Minnesota
Statutes 2002, section 115B.42, subdivision 2, is amended to read:
Subd. 2.
[EXPENDITURES.] Money in the fund may be spent by The
commissioner may spend money from the remediation fund under section 116.155,
subdivision 2, paragraph (a), clause (2), to:
(1) inspect permitted mixed municipal solid waste disposal
facilities to:
(i) evaluate the adequacy of final cover, slopes, vegetation,
and erosion control;
(ii) determine the presence and concentration of hazardous
substances, pollutants or contaminants, and decomposition gases; and
(iii) determine the boundaries of fill areas;
(2) monitor and take, or reimburse
others for, environmental response actions, including emergency response actions,
at qualified facilities;
(3) acquire and dispose of property under section 115B.412,
subdivision 3;
(4) recover costs under section 115B.39;
(5) administer, including providing staff and administrative
support for, sections 115B.39 to 115B.445;
(6) enforce sections 115B.39 to 115B.445;
(7) subject to appropriation, administer the agency's
groundwater and solid waste management programs;
(8) pay for private water supply well monitoring and
health assessment costs of the commissioner of health in areas affected by
unpermitted mixed municipal solid waste disposal facilities;
(9) (8) reimburse persons under section 115B.43;
(10) (9) reimburse mediation expenses up to a
total of $250,000 annually or defense costs up to a total of $250,000 annually
for third-party claims for response costs under state or federal law as
provided in section 115B.414; and
(11) (10) perform environmental assessments, up
to $1,000,000, at unpermitted mixed municipal solid waste disposal facilities.
Sec. 30. Minnesota
Statutes 2002, section 115B.421, is amended to read:
115B.421 [CLOSED LANDFILL INVESTMENT FUND.]
The closed landfill investment fund is established in the state
treasury. The fund consists of money
credited to the fund, and interest and other earnings on money in the
fund. The commissioner of finance shall
transfer an initial amount of $5,100,000 from the balance in the solid waste
fund beginning in fiscal year 2000 and shall continue to transfer $5,100,000
for each following fiscal year, ceasing after 2003. Beginning July 1, 2003, funds must be deposited as
described in section 115B.445.
The fund shall be managed to maximize long-term gain through the state
board of investment. Money in the fund
may be spent by the commissioner after fiscal year 2020 in accordance with section
115B.42, subdivision 2, clauses (1) to (6) sections 115B.39 to
115B.444.
Sec. 31. Minnesota
Statutes 2002, section 115B.445, is amended to read:
115B.445 [DEPOSIT OF PROCEEDS.]
All amounts paid to the state by an insurer pursuant to any
settlement under section 115B.443 or judgment under section 115B.444 must be
deposited in the state treasury and credited equally to the solid
waste remediation fund and the closed landfill investment
fund.
[EFFECTIVE DATE.] This
section is effective for all proceeds paid after June 30, 2001.
Sec. 32. Minnesota
Statutes 2002, section 115B.48, subdivision 2, is amended to read:
Subd. 2. [DRY CLEANER
ENVIRONMENTAL RESPONSE AND REIMBURSEMENT ACCOUNT; ACCOUNT.] "Dry cleaner
environmental response and reimbursement account" or "account"
means the dry cleaner environmental response and reimbursement account in
the remediation fund established in section sections
115B.49 and 116.155.
Sec. 33. Minnesota Statutes 2002, section 115B.49, subdivision 1, is
amended to read:
Subdivision 1.
[ESTABLISHMENT.] The dry cleaner environmental response and
reimbursement account is established as an account in the state treasury
remediation fund.
Sec. 34. Minnesota
Statutes 2002, section 115B.49, subdivision 3, is amended to read:
Subd. 3.
[EXPENDITURES.] (a) Money in the account may only be used:
(1) for environmental response costs incurred by the
commissioner under section 115B.50, subdivision 1;
(2) for reimbursement of amounts spent by the commissioner from
the environmental response, compensation, and compliance account remediation
fund for expenses described in clause (1);
(3) for reimbursements under section 115B.50, subdivision 2;
and
(4) for administrative costs of the commissioner of revenue.
(b) Money in the account is appropriated to the commissioner
for the purposes of this subdivision.
The commissioner shall transfer funds to the commissioner of revenue
sufficient to cover administrative costs pursuant to paragraph (a), clause (4).
Sec. 35. Minnesota
Statutes 2002, section 115D.12, subdivision 2, is amended to read:
Subd. 2. [FEES.] (a)
Persons required by United States Code, title 42, section 11023, to submit a
toxic chemical release form to the commission, and owners or operators of
facilities listed in section 299K.08, subdivision 3, shall pay a pollution
prevention fee of $150 for each toxic pollutant reported released plus a fee
based on the total pounds of toxic pollutants reported as released from each
facility. Facilities reporting less
than 25,000 pounds annually of toxic pollutants released per facility shall be
assessed a fee of $500. Facilities reporting annual releases of toxic pollutants
in excess of 25,000 pounds shall be assessed a graduated fee at the rate of two
cents per pound of toxic pollutants reported.
(b) Persons who generate more than 1,000 kilograms of hazardous
waste per month but who are not subject to the fee under paragraph (a) must pay
a pollution prevention fee of $500 per facility. Hazardous waste as used in this paragraph has the meaning given
it in section 116.06, subdivision 11, and Minnesota Rules, chapter 7045.
(c) Fees required under this subdivision must be paid to the
director by January 1 of each year. The
fees shall be deposited in the state treasury and credited to the environmental
fund.
(d) The fees under this subdivision are exempt from section
16A.1285.
Sec. 36. Minnesota
Statutes 2002, section 116.03, subdivision 2, is amended to read:
Subd. 2. [ORGANIZATION
OF OFFICE.] The commissioner shall organize the agency and employ such
assistants and other officers, employees and agents as the commissioner may
deem necessary to discharge the functions of the commissioner's office, define
the duties of such officers, employees and agents, and delegate to them any of
the commissioner's powers, duties, and responsibilities, subject to the
commissioner's control and under such conditions as the commissioner may
prescribe. The commissioner may also
contract with, and enter into grant agreements with, persons,
firms, corporations, the federal government and any agency or instrumentality
thereof, the water research center of the University of Minnesota or any other
instrumentality of such university, for doing any of the work of the
commissioner's office, and.
None of the provisions of chapter 16C, relating to bids, shall apply to
such contracts.
Sec. 37. Minnesota
Statutes 2002, section 116.07, subdivision 4d, is amended to read:
Subd. 4d. [PERMIT
FEES.] (a) The agency may collect permit fees in amounts not greater than those
necessary to cover the reasonable costs of developing, reviewing,
and acting upon applications for agency permits and implementing and enforcing
the conditions of the permits pursuant to agency rules. Permit fees shall not include the costs of
litigation. The fee schedule must
reflect reasonable and routine direct and indirect costs associated
with permitting, implementation, and enforcement costs. The agency may impose an additional
enforcement fee to be collected for a period of up to two years to cover the
reasonable costs of implementing and enforcing the conditions of a permit under
the rules of the agency. Any money
collected under this paragraph shall be deposited in the environmental fund.
(b) Notwithstanding paragraph (a), and section 16A.1285,
subdivision 2, the agency shall collect an annual fee from the owner or
operator of all stationary sources, emission facilities, emissions units, air
contaminant treatment facilities, treatment facilities, potential air
contaminant storage facilities, or storage facilities subject to the
requirement to obtain a permit under subchapter V of the federal Clean Air Act,
United States Code, title 42, section 7401 et seq., or section 116.081. The annual fee shall be used to pay for all
direct and indirect reasonable costs, including attorney general costs,
required to develop and administer the permit program requirements of
subchapter V of the federal Clean Air Act, United States Code, title 42,
section 7401 et seq., and sections of this chapter and the rules adopted under
this chapter related to air contamination and noise. Those costs include the reasonable costs of reviewing and acting
upon an application for a permit; implementing and enforcing statutes, rules,
and the terms and conditions of a permit; emissions, ambient, and deposition
monitoring; preparing generally applicable regulations; responding to federal
guidance; modeling, analyses, and demonstrations; preparing inventories and
tracking emissions; and providing information to the public about these
activities.
(c) The agency shall set fees that:
(1) will result in the collection, in the aggregate, from the
sources listed in paragraph (b), of an amount not less than $25 per ton of each
volatile organic compound; pollutant regulated under United States Code, title
42, section 7411 or 7412 (section 111 or 112 of the federal Clean Air Act); and
each pollutant, except carbon monoxide, for which a national primary ambient
air quality standard has been promulgated;
(2) may result in the collection, in the aggregate, from the
sources listed in paragraph (b), of an amount not less than $25 per ton of each
pollutant not listed in clause (1) that is regulated under this chapter or air
quality rules adopted under this chapter; and
(3) shall collect, in the aggregate, from the sources listed in
paragraph (b), the amount needed to match grant funds received by the state
under United States Code, title 42, section 7405 (section 105 of the federal
Clean Air Act).
The agency must not include
in the calculation of the aggregate amount to be collected under clauses (1)
and (2) any amount in excess of 4,000 tons per year of each air pollutant
from a source. The increase in air
permit fees to match federal grant funds shall be a surcharge on existing
fees. The commissioner may not collect
the surcharge after the grant funds become unavailable. In addition, the commissioner shall use
nonfee funds to the extent practical to match the grant funds so that the fee
surcharge is minimized.
(d) To cover the reasonable costs described in paragraph (b),
the agency shall provide in the rules promulgated under paragraph (c) for an
increase in the fee collected in each year by the percentage, if any, by which
the Consumer Price Index for the most recent calendar year ending before the
beginning of the year the fee is collected exceeds the Consumer Price Index for
the calendar year 1989. For purposes of
this paragraph the Consumer Price Index for any calendar year is the average of
the Consumer Price Index for all-urban consumers published by the United States
Department of Labor, as of the close of the 12-month period ending on August 31
of each calendar year. The revision of
the Consumer Price Index that is most consistent with the Consumer Price Index
for calendar year 1989 shall be used.
(e) Any money collected under paragraphs (b) to (d) must be
deposited in an air quality account in the environmental fund and must
be used solely for the activities listed in paragraph (b).
(f) Persons who wish to construct or expand a facility may
offer to reimburse the agency for the costs of staff overtime or consultant
services needed to expedite permit review.
The reimbursement shall be in addition to fees imposed by law or rule. When the agency determines that it needs
additional resources to review the permit application in an expedited manner,
and that expediting the review would not disrupt permitting program priorities,
the agency may accept the reimbursement.
Reimbursements accepted by the agency are appropriated to the agency for
the purpose of reviewing the permit application. Reimbursement by a permit applicant shall precede and not be
contingent upon issuance of a permit and shall not affect the agency's decision
on whether to issue or deny a permit, what conditions are included in a permit,
or the application of state and federal statutes and rules governing permit
determinations.
(g) The fees under this subdivision are exempt from section
16A.1285.
Sec. 38. Minnesota
Statutes 2002, section 116.07, subdivision 4h, is amended to read:
Subd. 4h. [FINANCIAL
RESPONSIBILITY RULES.] (a) The agency shall adopt rules requiring the operator
or owner of a solid waste disposal facility to submit to the agency proof of
the operator's or owner's financial capability to provide reasonable and
necessary response during the operating life of the facility and for 30 years
after closure for a mixed municipal solid waste disposal facility or for a
minimum of 20 years after closure, as determined by agency rules, for any other
solid waste disposal facility, and to provide for the closure of the facility
and postclosure care required under agency rules. Proof of financial responsibility is required of the operator or
owner of a facility receiving an original permit or a permit for expansion
after adoption of the rules. Within 180
days of the effective date of the rules or by July 1, 1987, whichever is later,
proof of financial responsibility is required of an operator or owner of a
facility with a remaining capacity of more than five years or 500,000 cubic
yards that is in operation at the time the rules are adopted. Compliance with the rules and the
requirements of paragraph (b) is a condition of obtaining or retaining a permit
to operate the facility.
(b) A municipality, as defined in section 475.51, subdivision
2, including a sanitary district, that owns or operates a solid waste disposal
facility that was in operation on May 15, 1989, may meet its financial
responsibility for all or a portion of the contingency action portion of the
reasonable and necessary response costs at the facility by pledging its full
faith and credit to meet its responsibility.
The pledge must be made in accordance with the requirements in
chapter 475 for issuing bonds of the municipality, and the following additional
requirements:
(1) The governing body of the municipality shall enact an
ordinance that clearly accepts responsibility for the costs of contingency
action at the facility and that reserves, during the operating life of the
facility and for the time period required in paragraph (a) after closure, a
portion of the debt limit of the municipality, as established under section
475.53 or other law, that is equal to the total contingency action costs.
(2) The municipality shall require that all collectors that
haul to the facility implement a plan for reducing solid waste by using
volume-based pricing, recycling incentives, or other means.
(3) When a municipality opts to meet a portion of its financial
responsibility by relying on its authority to issue bonds, it shall also begin
setting aside in a dedicated long-term care trust fund money that will cover a
portion of the potential contingency action costs at the facility, the amount
to be determined by the agency for each facility based on at least the amount
of waste deposited in the disposal facility each year, and the likelihood and
potential timing of conditions arising at the facility that will necessitate
response action. The agency may not require a municipality to set aside more
than five percent of the total cost in a single year.
(4) A municipality shall have and consistently maintain an
investment grade bond rating as a condition of using bonding authority to meet
financial responsibility under this section.
(5) The municipality shall file with the commissioner of
revenue its consent to have the amount of its contingency action costs deducted
from state aid payments otherwise due the municipality and paid instead to the environmental
response, compensation, and compliance account remediation fund
created in section 115B.20 116.155, if the municipality fails to
conduct the contingency action at the facility when ordered by the agency. If the agency notifies the commissioner that
the municipality has failed to conduct contingency action when ordered by the
agency, the commissioner shall deduct the amounts indicated by the agency from
the state aids in accordance with the consent filed with the commissioner.
(6) The municipality shall file with the agency written proof
that it has complied with the requirements of paragraph (b).
(c) The method for proving financial responsibility under
paragraph (b) may not be applied to a new solid waste disposal facility or to
expansion of an existing facility, unless the expansion is a vertical
expansion. Vertical expansions of
qualifying existing facilities cannot be permitted for a duration of longer
than three years.
Sec. 39. [116.155]
[REMEDIATION FUND.]
Subdivision 1.
[CREATION.] The remediation fund is created as a special
revenue fund in the state treasury to provide a reliable source of
public money for response and corrective actions to address releases of
hazardous substances, pollutants or contaminants, agricultural
chemicals, and petroleum, and for environmental response actions at
qualified landfill facilities for which the agency has assumed such
responsibility, including perpetual care of such facilities. The specific purposes for which the
general portion of the fund may be spent are provided in subdivision
2. In addition to the general portion
of the fund, the fund contains two accounts described in subdivisions 4
and 5.
Subd. 2.
[APPROPRIATION.] (a) Money in the general portion of the
remediation fund is appropriated to the agency and the commissioners of
agriculture and natural resources for the following purposes:
(1) to take actions related to releases of hazardous substances,
or pollutants or contaminants as provided in section 115B.20;
(2) to take actions related to releases of hazardous substances,
or pollutants or contaminants, at and from qualified landfill facilities
as provided in section 115B.42, subdivision 2;
(3) to provide technical and other assistance under sections
115B.17, subdivision 14, 115B.175 to 115B.179, and 115C.03, subdivision
9;
(4) for corrective actions to address incidents involving
agricultural chemicals, including related administrative, enforcement,
and cost recovery actions pursuant to chapter 18D; and
(5) together with any amount approved for transfer to the
agency from the petroleum tank fund by the commissioner of finance,
to take actions related to releases of petroleum as provided under
section 115C.08.
(b) The commissioner of finance shall allocate the amounts
available in any biennium to the agency, and the commissioners of
agriculture and natural resources for the purposes provided in this
subdivision based upon work plans submitted by the agency and the
commissioners of agriculture and natural resources, and may adjust those
allocations upon submittal of revised work plans. Copies of the work plans shall be submitted
to the chairs of the environment and environment finance committees
of the senate and house of representatives.
Subd. 3.
[REVENUES.] The following revenues shall be deposited in the
general portion of the remediation fund:
(1) response costs and natural resource damages related to
releases of hazardous substances, or pollutants or contaminants, recovered
under sections 115B.17, subdivisions 6 and 7, 115B.443, 115B.444, or any
other law;
(2) money paid to the agency or the agriculture department
by voluntary parties who have received technical or other assistance
under sections 115B.17, subdivision 14, 115B.175 to 115B.179, and
115C.03, subdivision 9;
(3) money received in the form of gifts, grants, reimbursement,
or appropriation from any source for any of the purposes provided in
subdivision 2, except federal grants; and
(4) interest accrued on the fund.
Subd. 4. [DRY
CLEANER ENVIRONMENTAL RESPONSE AND REIMBURSEMENT ACCOUNT.] The dry cleaner
environmental response and reimbursement account is as described in
sections 115B.47 to 115B.51.
Subd. 5.
[METROPOLITAN LANDFILL CONTINGENCY ACTION TRUST ACCOUNT.] The
metropolitan landfill contingency action trust account is as described
in section 473.845.
Subd. 6. [OTHER
SOURCES OF THE FUND.] The remediation fund shall also be supported by
transfers as may be authorized by the legislature from time to time from
the environmental fund.
Sec. 40. Minnesota
Statutes 2002, section 116.994, is amended to read:
116.994 [SMALL BUSINESS ENVIRONMENTAL IMPROVEMENT LOAN ACCOUNT
ACCOUNTING.]
The small business environmental improvement loan account is
established in the environmental fund.
Repayments of loans made under section 116.993 must be credited to this
account the environmental fund. This account replaces the small business environmental loan
account in Minnesota Statutes 1996, section 116.992, and the hazardous waste
generator loan account in Minnesota Statutes 1996, section 115B.224. The account balances and pending repayments
from the small business environmental loan account and the hazardous waste
generator account will be credited to this new account. Money deposited in the account
fund under section 116.993 is appropriated to the commissioner for loans
under this section 116.993.
Sec. 41. Minnesota
Statutes 2002, section 116C.834, subdivision 1, is amended to read:
Subdivision 1. [COSTS.]
All costs incurred by the state to carry out its responsibilities under the
compact and under sections 116C.833 to 116C.843 shall be paid by generators of
low-level radioactive waste in this state through fees assessed by the
pollution control agency. Fees may be
reasonably assessed on the basis of volume or degree of hazard of the waste
produced by a generator. Costs for
which fees may be assessed include, but are not limited to:
(1) the state contribution required to join the compact;
(2) the expenses of the Commission member and state agency
costs incurred to support the work of the Interstate Commission; and
(3) regulatory costs.
The fees are exempt from section 16A.1285.
Sec. 42. Minnesota
Statutes 2002, section 297H.13, subdivision 1, is amended to read:
Subdivision 1. [DEPOSIT
OF REVENUES.] The revenues derived from the taxes imposed on waste management
services under this chapter, less the costs to the department of revenue for
administering the tax under this chapter, shall be deposited by the
commissioner of revenue in the state treasury.
The amounts retained by the department of revenue shall be
deposited in a separate revenue department fund which is hereby created. Money in this fund is hereby appropriated,
up to a maximum annual amount of $200,000, to the commissioner of revenue for
the costs incurred in administration of the solid waste management tax under
this chapter.
Sec. 43. Minnesota
Statutes 2002, section 297H.13, subdivision 2, is amended to read:
Subd. 2. [ALLOCATION OF
REVENUES.] (a) $22,000,000, or 50 percent, whichever is greater, of the amounts
remitted under this chapter must be credited to the solid waste environmental
fund established in section 115B.42 16A.531, subdivision 1.
(b) The remainder must be deposited into the general fund.
Sec. 44. Minnesota
Statutes 2002, section 325E.10, subdivision 1, is amended to read:
Subdivision 1. [SCOPE.]
For the purposes of sections 325E.11 to 325E.113 325E.112 and
this section, the terms defined in this section have the meanings given them.
Sec. 45. Minnesota
Statutes 2002, section 469.175, subdivision 7, is amended to read:
Subd. 7. [CREATION OF
HAZARDOUS SUBSTANCE SUBDISTRICT; RESPONSE ACTIONS.] (a) An authority which is
creating or has created a tax increment financing district may establish within
the district a hazardous substance subdistrict upon the notice and after the
discussion, public hearing, and findings required for approval of or modification
to the original plan. The geographic
area of the subdistrict is made up of any parcels in the district designated
for inclusion by the municipality or authority that are designated hazardous
substance sites, and any additional parcels in the district designated for
inclusion that are contiguous to the hazardous substance sites, including
parcels that are contiguous to the site except for the interposition of a
right-of-way. Before or at the time of
approval of the tax increment financing plan or plan modification providing for
the creation of the hazardous substance subdistrict, the authority must make
the findings under paragraphs (b) to (d), and set forth in writing the reasons
and supporting facts for each.
(b) Development or redevelopment of the site, in the opinion of
the authority, would not reasonably be expected to occur solely through private
investment and tax increment otherwise available, and therefore the hazardous
substance district is deemed necessary.
(c) Other parcels that are not designated hazardous substance
sites are expected to be developed together with a designated hazardous
substance site.
(d) The subdistrict is not larger than, and the period of time
during which increments are elected to be received is not longer than, that
which is necessary in the opinion of the authority to provide for the
additional costs due to the designated hazardous substance site.
(e) Upon request by an authority that has incurred expenses for
removal or remedial actions to implement a development response action plan,
the attorney general may:
(1) bring a civil action on behalf of
the authority to recover the expenses, including administrative costs and
litigation expenses, under section 115B.04 or other law; or
(2) assist the authority in bringing an action as described in
clause (1), by providing legal and technical advice, intervening in the action,
or other appropriate assistance.
The decision to participate
in any action to recover expenses is at the discretion of the attorney general.
(f) If the attorney general brings an action as provided in
paragraph (e), clause (1), the authority shall certify its reasonable and
necessary expenses incurred to implement the development response action plan
and shall cooperate with the attorney general as required to effectively pursue
the action. The certification by the authority is prima facie evidence that the
expenses are reasonable and necessary.
The attorney general may deduct litigation expenses incurred by the
attorney general from any amounts recovered in an action brought under
paragraph (e), clause (1). The
authority shall reimburse the attorney general for litigation expenses not
recovered in an action under paragraph (e), clause (1), but only from the
additional tax increment required to be used as described in section 469.176,
subdivision 4e. The authority must
reimburse the attorney general for litigation expenses incurred to assist in
bringing an action under paragraph (e), clause (2), but only from amounts
recovered by the authority in an action or, if the amounts are insufficient,
from the additional tax increment required to be used as described in section
469.176, subdivision 4e. All money
recovered or paid to the attorney general for litigation expenses under this
paragraph shall be paid to the general fund of the state for deposit to the
account of the attorney general. For
the purposes of this section, "litigation expenses" means attorney
fees and costs of discovery and other preparation for litigation.
(g) The authority shall reimburse the pollution control agency
for its administrative expenses incurred to review and approve a development
action response plan. The authority
must reimburse the pollution control agency for expenses incurred for any
services rendered to the attorney general to support the attorney general in
actions brought or assistance provided under paragraph (e), but only from
amounts recovered by the authority in an action brought under paragraph (e) or
from the additional tax increment required to be used as described in section
469.176, subdivision 4e. All money paid
to the pollution control agency under this paragraph shall be deposited in the environmental
response, compensation and compliance remediation fund.
(h) Actions taken by an authority consistent with a development
response action plan are deemed to be authorized response actions for the
purpose of section 115B.17, subdivision 12.
An authority that takes actions consistent with a development response
action plan qualifies for the defenses available under sections 115B.04,
subdivision 11, and 115B.05, subdivision 9.
(i) All money recovered by an authority in an action brought
under paragraph (e) in excess of the amounts paid to the attorney general and
the pollution control agency must be treated as excess increments and be
distributed as provided in section 469.176, subdivision 2, clause (4), to the
extent the removal and remedial actions were initially financed with increment
revenues.
Sec. 46. Minnesota
Statutes 2002, section 473.843, subdivision 2, is amended to read:
Subd. 2. [DISPOSITION
OF PROCEEDS.] After reimbursement to the department of revenue for costs
incurred in administering this section, The proceeds of the fees imposed
under this section, including interest and penalties, must be deposited as
follows:
(1) three-fourths of the proceeds must be deposited in the environmental
fund for metropolitan landfill abatement account established for
the purposes described in section 473.844; and
(2) one-fourth of the proceeds must be deposited in the
metropolitan landfill contingency action trust account in the remediation
fund established in section sections 116.155 and 473.845.
Sec. 47. Minnesota Statutes 2002, section 473.844, subdivision 1, is
amended to read:
Subdivision 1. [ESTABLISHMENT;
PURPOSES.] The metropolitan landfill abatement account is money
in the environmental fund in order for landfill abatement must be
used to reduce to the greatest extent feasible and prudent the need for and
practice of land disposal of mixed municipal solid waste in the metropolitan
area. The account This money
consists of revenue deposited in the account environmental fund
under section 473.843, subdivision 2, clause (1), and interest earned on
investment of this money in the account. All repayments to loans made under this
section must be credited to the account environmental fund. The landfill abatement money in the account
environmental fund may be spent only for purposes of metropolitan
landfill abatement as provided in subdivision 1a and only upon appropriation by
the legislature.
Sec. 48. Minnesota
Statutes 2002, section 473.845, subdivision 1, is amended to read:
Subdivision 1.
[ESTABLISHMENT.] The metropolitan landfill contingency action trust fund
account is an expendable trust fund account in the state
treasury remediation fund.
The fund account consists of revenue deposited in the fund
under section 473.843, subdivision 2, clause (2); amounts recovered under
subdivision 7; and interest earned on investment of money in the fund.
Sec. 49. Minnesota
Statutes 2002, section 473.845, subdivision 3, is amended to read:
Subd. 3. [EXPENDITURES
FROM THE FUND CONTINGENCY ACTIONS AND REIMBURSEMENT.] Money
in the fund account is appropriated to the agency for expenditure
for any of the following:
(1) to take reasonable and necessary expenses actions
for closure and postclosure care of a mixed municipal solid waste disposal
facility in the metropolitan area for a 30-year period after closure, if the
agency determines that the operator or owner will not take the necessary
actions requested by the agency for closure and postclosure in the manner and
within the time requested;
(2) to take reasonable and necessary response actions
and postclosure costs care actions at a mixed municipal solid
waste disposal facility in the metropolitan area that has been closed for 30
years in compliance with the closure and postclosure rules of the agency;
(3) reimbursement to reimburse a local government
unit for costs incurred over $400,000 under a work plan approved by the
commissioner of the agency to remediate methane at a closed disposal facility
owned by the local government unit; or
(4) reasonable and necessary response costs at an unpermitted
facility for mixed municipal solid waste disposal in the metropolitan area that
was permitted by the agency for disposal of sludge ash from a wastewater
treatment facility.
Sec. 50. Minnesota
Statutes 2002, section 473.845, subdivision 7, is amended to read:
Subd. 7. [RECOVERY OF
EXPENSES.] When the agency incurs expenses for response actions at a facility,
the agency is subrogated to any right of action which the operator or owner of
the facility may have against any other person for the recovery of the
expenses. The attorney general may
bring an action to recover amounts spent by the agency under this section from
persons who may be liable for them.
Amounts recovered, including money paid under any agreement,
stipulation, or settlement must be deposited in the metropolitan landfill
contingency action account in the remediation fund created under section
116.155.
Sec. 51. Minnesota Statutes 2002, section 473.845, subdivision 8, is
amended to read:
Subd. 8. [CIVIL
PENALTIES.] The civil penalties of sections 115.071 and 116.072 apply to any
person in violation of this section. All
money recovered by the state under any statute or rule related to the
regulation of solid waste in the metropolitan area, including civil penalties
and money paid under any agreement, stipulation, or settlement, shall be
deposited in the fund.
Sec. 52. Minnesota
Statutes 2002, section 473.846, is amended to read:
473.846 [REPORT TO LEGISLATURE.]
The agency and the director shall submit to the senate finance
committee, the house ways and means committee, and the environment and natural
resources committees of the senate and house of representatives, the finance
division of the senate committee on environment and natural resources, and the
house of representatives committee on environment and natural resources finance
separate reports describing the activities for which money from the for
landfill abatement account and contingency action trust fund has been
spent under sections 473.844 and 473.845. The agency shall report by November 1 of
each year on expenditures during its previous fiscal year. The director shall report on expenditures
during the previous calendar year and must incorporate its report in the report
required by section 115A.411, due July 1 of each odd-numbered year. The director shall make recommendations to
the environment and natural resources committees of the senate and house of
representatives, the finance division of the senate committee on environment
and natural resources, and the house of representatives committee on
environment and natural resources finance on the future management and use of
the metropolitan landfill abatement account.
Sec. 53. [INCREASE TO
WATER QUALITY PERMIT FEES.]
(a) The pollution control agency shall collect water quality
permit fees that reflect the fees in Minnesota Rules, part 7002.0310,
and Laws 2002, chapter 374, article 6, section 8, with the application
fee in paragraph (b) increased from $240 to $1,000.
(b) The increased permit fee is effective July 1, 2003. The
agency shall adopt amended water quality permit fee rules incorporating
the permit fee increase in paragraph (a) under Minnesota Statutes,
section 14.389. The pollution control
agency shall begin collecting the increased permit fee on July 1,
2003, even if the rule adoption process has not been initiated or
completed. Notwithstanding Minnesota
Statutes, section 14.18, subdivision 2, the increased permit fee reflecting
the permit fee increase in paragraph (a) and the rule amendments
incorporating that permit fee increase do not require further
legislative approval.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 54. [INCREASE TO
HAZARDOUS WASTE FEES.]
(a) The pollution control agency shall collect hazardous
waste fees that reflect the fee formula in Minnesota Rules, part 7046.0060,
increased by an addition of $2,000,000 to the adjusted fiscal year
target described in Step 2 of Minnesota Rules, part 7046.0060.
(b) The increased fees are effective January 1, 2004. The agency shall adopt an amended
hazardous waste fee formula incorporating the increase in paragraph (a)
under Minnesota Statutes, section 14.389. The pollution control agency shall begin collecting the
increased permit fees on January 1, 2004, even if the rule adoption
process has not been initiated or completed. Notwithstanding Minnesota Statutes, section 14.18, subdivision
2, the increased fees reflecting the fee increases in paragraph (a) and
the rule amendments incorporating those permit fee increases do not
require further legislative approval.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 55. [TRANSFER OF
FUND BALANCES.]
Subdivision 1.
[ENVIRONMENTAL RESPONSE, COMPENSATION, AND COMPLIANCE ACCOUNT.] All
amounts remaining in the environmental response, compensation, and
compliance account are transferred to the remediation fund created under
Minnesota Statutes, section 116.155.
Subd. 2. [SOLID WASTE FUND.] $22,641,000 of the
balance of the solid waste fund is transferred to the environmental fund
created in Minnesota Statutes, section 16A.531, subdivision 1. Any
remaining balance in the solid waste fund is transferred to the
remediation fund created under Minnesota Statutes, section 116.155.
Subd. 3. [DRY
CLEANER ENVIRONMENTAL RESPONSE AND REIMBURSEMENT ACCOUNT.] All amounts
remaining in the dry cleaner environmental response and reimbursement
account are transferred to the dry cleaner environmental response and
reimbursement account in the remediation fund created under Minnesota
Statutes, sections 115B.49 and 116.155.
Subd. 4.
[METROPOLITAN LANDFILL CONTINGENCY ACTION FUND.] All amounts
remaining in the metropolitan landfill contingency action fund are
transferred to the metropolitan landfill contingency action trust
account in the remediation fund created under Minnesota Statutes,
sections 116.155 and 473.845.
Sec. 56. [REPEALER.]
Minnesota Statutes 2002, sections 115B.02, subdivision 1a;
115B.42, subdivision 1; 297H.13, subdivisions 3 and 4; 325E.112, subdivisions
2 and 3; 325E.113; and 473.845, subdivision 4, are repealed.
Sec. 57. [EFFECTIVE
DATE.]
Except as otherwise provided, this article is effective July
1, 2003."
Delete the title and insert:
"A bill for an act relating to state government;
appropriating money for environmental and natural resources purposes;
establishing and modifying certain programs; providing for regulation of
certain activities and practices; providing for accounts, assessments, and
fees; amending Minnesota Statutes 2002, sections 16A.531, subdivision 1, by
adding a subdivision; 17.4988; 84.027, subdivision 13; 84.029, subdivision 1;
84.085, subdivision 1; 84.091, subdivisions 2, 3; 84.0911; 84.415, subdivisions
4, 5, by adding subdivisions; 84.788, subdivisions 2, 3; 84.794, subdivision 2;
84.803, subdivision 2; 84.92, subdivision 8; 84.927, subdivision 2; 84A.02;
84A.21; 84A.32, subdivision 1; 84A.55, subdivision 8; 84D.14; 85.04; 85.052,
subdivision 3; 85.053, subdivision 1; 85.055, subdivision 1; 85A.02,
subdivision 17; 88.17, subdivision 1, by adding a subdivision; 97A.015,
subdivisions 24, 52; 97A.045, subdivision 7, by adding a subdivision; 97A.071,
subdivision 2; 97A.075, subdivisions 1, 2, 4, by adding a subdivision; 97A.105,
subdivision 1; 97A.401, subdivision 3; 97A.411, subdivision 2; 97A.441,
subdivision 7, by adding a subdivision; 97A.475, subdivisions 2, 3, 4, 5, 10,
15, 26, 27, 28, 29, 30, 38, 39, 40, 42, by adding a subdivision; 97A.505, by
adding subdivisions; 97B.311; 103B.231, subdivision 3a; 103B.305, subdivision
3, by adding subdivisions; 103B.311, subdivisions 1, 2, 3, 4; 103B.315,
subdivisions 4, 5, 6; 103B.321, subdivisions 1, 2; 103B.325, subdivisions 1, 2;
103B.331, subdivisions 1, 2, 3; 103B.3363, subdivision 3; 103B.3369, subdivisions
2, 4, 5, 6; 103B.355; 103D.341, subdivision 2; 103D.345, by adding a
subdivision; 103D.405, subdivision 2; 103D.537; 103G.005, subdivision 10e;
103G.222, subdivision 1; 103G.2242, by adding subdivisions; 103G.271,
subdivisions 6, 6a, by adding a subdivision; 103G.611, subdivision 1; 103G.615,
subdivision 2; 115.03, by adding subdivisions; 115.073; 115.56, subdivision 4;
115A.0716, subdivision 3; 115A.54, by adding a subdivision; 115A.545,
subdivision 2; 115A.908, subdivision 2; 115A.9651, subdivision 6; 115B.17,
subdivisions 6, 7, 14, 16; 115B.19; 115B.20; 115B.22, subdivision 7; 115B.25,
subdivisions 1a, 4; 115B.26; 115B.30; 115B.31, subdivisions 1, 3, 4; 115B.32,
subdivision 1; 115B.33, subdivision 1; 115B.34; 115B.36; 115B.40, subdivision 4;
115B.41, subdivisions 1, 2, 3; 115B.42, subdivision 2; 115B.421; 115B.445;
115B.48, subdivision 2; 115B.49, subdivisions 1, 3; 115C.02, subdivision 14;
115C.08, subdivision 4; 115C.09, subdivision 3, by adding subdivisions;
115C.11, subdivision 1; 115C.13; 115D.12, subdivision 2; 116.03, subdivision 2;
116.07, subdivisions 4d, 4h; 116.073, subdivisions 1, 2; 116.46, by adding
subdivisions; 116.49, by adding subdivisions; 116.50; 116.994; 116C.834,
subdivision 1; 116P.02, subdivision 1; 116P.05, subdivision 2; 116P.09,
subdivisions 4, 5, 7; 116P.10; 116P.14, subdivisions 1, 2; 297A.94; 297F.10,
subdivision 1; 297H.13, subdivisions 1, 2; 325E.10, subdivision 1; 469.175,
subdivision 7; 473.843, subdivision 2; 473.844, subdivision 1; 473.845,
subdivisions 1, 3, 7, 8; 473.846; proposing coding for new law in Minnesota
Statutes, chapters 84; 84B; 97B; 103B; 115C; 116; repealing Minnesota Statutes
2002, sections 1.31; 1.32; 84.0887; 84.415, subdivisions 1, 3; 84.98; 84.99;
93.2235; 97A.105, subdivisions 3a, 3b; 97A.485, subdivision 12; 97B.731,
subdivision 2; 103B.311, subdivisions 5, 6, 7; 103B.315, subdivisions 1, 2, 3,
7; 103B.321, subdivision 3; 103B.3369, subdivision 3; 115B.02, subdivision 1a;
115B.42, subdivision 1; 297H.13, subdivisions 3, 4; 325E.112, subdivisions 2,
3; 325E.113; 473.845, subdivision 4; Minnesota Rules, parts 6135.0100;
6135.0200; 6135.0300; 6135.0400; 6135.0510; 6135.0610; 6135.0710; 6135.0810;
6135.1000; 6135.1100; 6135.1200;
6135.1300; 6135.1400; 6135.1500; 6135.1600; 6135.1700; 6135.1800; 9300.0010;
9300.0020; 9300.0030; 9300.0040; 9300.0050; 9300.0060; 9300.0070; 9300.0080;
9300.0090; 9300.0100; 9300.0110; 9300.0120; 9300.0130; 9300.0140; 9300.0150;
9300.0160; 9300.0170; 9300.0180; 9300.0190; 9300.0200; and 9300.0210."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Taxes.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 1093, A bill for an act relating to local government;
establishing a legislative commission on unnecessary mandates; amending
Minnesota Statutes 2002, sections 3.842, subdivision 4a; 3.843; proposing
coding for new law in Minnesota Statutes, chapter 3.
Reported the same back with the following amendments:
Page 2, delete lines 25 to 27 and insert "Commission
action requires a positive vote of at least four house members and at
least four senate members."
Page 3, line 17, before "The" insert "Upon
recommendation of" and after "mandates" insert
", the commissioner of revenue"
Page 3, line 25, delete "commission" and
insert "commissioner"
Page 3, line 27, delete "it" and insert "the
commissioner"
Page 4, after line 2, insert:
"Sec. 5. [3.994]
Sections 3.99 to 3.993 are repealed June 30, 2007."
Renumber the sections in sequence
With the recommendation that when so amended the bill be
re-referred to the Committee on Rules and Legislative Administration without
further recommendation.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 1141, A bill for an act relating to veterans homes;
updating and correcting certain language; amending Minnesota Statutes 2002,
sections 198.001, by adding a subdivision; 198.004, subdivision 1; 198.005;
198.007; repealing Minnesota Statutes 2002, sections 198.001, subdivision 7;
198.002, subdivision 5; 198.003, subdivision 2.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 198.007, is amended to read:
198.007 [QUALITY ASSURANCE.]
The board Each home shall create have
a utilization review committee for each home comprised of the
appropriate professionals employed by or under contract to the home. The committee shall use the case-mix a
patient classification system established under section 144.072 approved
by the board to assess the appropriateness and quality of care and services
provided residents of the homes.
The board Each home shall create have
an admissions committee for each home comprised of the appropriate
professionals employed by or under contract to each home and adopt a
preadmission screening program for all applicants for admission to the homes
who may require nursing or boarding care, taking into account the eligibility
requirements in section 198.022, the admissions criteria established by board
rules, and the availability of space in the homes."
Delete the title and insert:
"A bill for an act relating to veterans homes; changing
certain quality assurance provisions; amending Minnesota Statutes 2002, section
198.007."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Rules and Legislative Administration.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 1380, A bill for an act relating to public
employment; establishing financial parameters for public employment contracts;
amending Minnesota Statutes 2002, sections 179A.01; 179A.03, by adding
subdivisions; 179A.07, subdivision 1; 179A.16, subdivision 9; 179A.18,
subdivision 1; 179A.20, by adding a subdivision; repealing Minnesota Statutes
2002, sections 123B.749; 179A.03, subdivision 19.
Reported the same back with the following amendments:
Page 3, line 25, delete "but not" and insert
"and" and delete "or" and insert "and"
Page 4, line 1, delete "but not" and insert
"and" and delete "or" and insert "and"
Page 5, lines 21 and 22, delete "the design, terms, or
selection of a group insurance plan;"
Pages 5 and 6, delete section 6
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 5, delete "179A.16,"
Page 1, line 6, delete "subdivision 9;"
With the recommendation that when so amended the bill be
re-referred to the Committee on Rules and Legislative Administration without
further recommendation.
The report was adopted.
Seagren from the Committee on Education Finance to which
was referred:
H. F. No. 1404, A bill for an act relating to education
finance; removing obsolete language from the definition of general education
revenue; amending Minnesota Statutes 2002, section 126C.10, subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE
1
GENERAL
EDUCATION
Section 1. Minnesota
Statutes 2002, section 123A.06, subdivision 3, is amended to read:
Subd. 3. [HOURS OF
INSTRUCTION EXEMPTION.] Notwithstanding any law to the contrary, the center
programs must be available throughout the entire year. Pupils in a center may receive
instruction for more than or less than the daily number of hours required by
the rules of the commissioner of children, families, and learning. However, a pupil must receive instruction
each year for at least the total number of instructional hours required by
statutes and rules. A center may
petition the state board under Minnesota Rules, part 3500.1000, for exemption
from other rules.
Sec. 2. Minnesota
Statutes 2002, section 123A.18, subdivision 2, is amended to read:
Subd. 2. [EXTENDED YEAR
INSTRUCTION.] The agreement may provide opportunities for pupils to receive
instruction throughout the entire year and for teachers to coordinate
educational opportunities and provide instruction throughout the entire
year. Pupils may receive instruction
for more than or less than the daily number of hours required by the rules of
the commissioner of children, families, and learning. However, the pupil must receive instruction each year for at
least the total number of instructional hours required by statutes and rules. A teacher who is employed for the extended
year may develop, in consultation with pupils and parents, individual
educational programs for not more than 125 pupils.
Sec. 3. Minnesota
Statutes 2002, section 123A.73, subdivision 3, is amended to read:
Subd. 3. [VOLUNTARY
DISSOLUTION; REFERENDUM REVENUE.] As of the effective date of the voluntary
dissolution of a district and its attachment to one or more existing districts
pursuant to section 123A.46, the authorization for all referendum revenues
previously approved by the voters of all affected districts for those districts
pursuant to section 126C.17, subdivision 9, or its predecessor provision, is
canceled. However, if all of the
territory of any independent district is included in the enlarged district, and
if the adjusted net tax capacity of taxable property in that territory
comprises 90 percent or more of the adjusted net tax capacity of all taxable
property in an enlarged district, the enlarged district's referendum revenue
shall be determined as follows:
If the referendum revenue previously approved in the
preexisting district is authorized as a tax rate, the referendum revenue in the
enlarged district is the tax rate times the net tax capacity of the enlarged
district. If referendum revenue
previously approved in the preexisting district is authorized as revenue per
resident pupil unit, The referendum revenue shall be the revenue per
resident marginal cost pupil unit times the number of resident marginal
cost pupil units in the enlarged district.
If referendum revenue in the preexisting district is authorized both
as a tax rate and as revenue per resident pupil unit, the referendum revenue in
the enlarged district shall be the sum of both plus any referendum revenue in
the preexisting district authorized as a dollar amount. Any new referendum revenue shall be
authorized only after approval is granted by the voters of the entire enlarged
district in an election pursuant to section 126C.17, subdivision 9.
Sec. 4. Minnesota
Statutes 2002, section 123A.73, subdivision 4, is amended to read:
Subd. 4.
[CONSOLIDATION; MAXIMUM AUTHORIZED REFERENDUM REVENUES.] As of the
effective date of a consolidation pursuant to section 123A.48, if the plan for
consolidation so provides, or if the plan for consolidation makes no provision
concerning referendum revenues, the authorization for all referendum revenues
previously approved by the voters of all affected districts for those districts
pursuant to section 126C.17, subdivision 9, or its predecessor provision shall
be recalculated as provided in this subdivision. The referendum revenue authorization for the
newly created district shall be the net tax capacity rate revenue per
resident marginal cost pupil unit that would raise an amount equal
to the combined dollar amount of the referendum revenues authorized by each of
the component districts for the year preceding the consolidation, unless the
referendum revenue authorization of the newly created district is subsequently
modified pursuant to section 126C.17, subdivision 9. If the referendum revenue authorizations for each of the
component districts were limited to a specified number of years, The
referendum revenue authorization for the newly created district shall continue
for a period of time equal to the longest period authorized for any component
district. If the referendum revenue
authorization of any component district is not limited to a specified number of
years, the referendum revenue authorization for the newly created district
shall not be limited to a specified number of years.
Sec. 5. Minnesota
Statutes 2002, section 123A.73, subdivision 5, is amended to read:
Subd. 5. [ALTERNATIVE
METHOD.] As of the effective date of a consolidation pursuant to section
123A.48, if the plan for consolidation so provides, the authorization for all
referendum revenues previously approved by the voters of all affected districts
for those districts pursuant to section 126C.17, subdivision 9, or its
predecessor provision shall be combined as provided in this subdivision. The referendum revenue authorization for the
newly created district may be any allowance per resident marginal cost
pupil unit provided in the plan for consolidation, but may not exceed the
allowance per resident marginal cost pupil unit that would raise an amount
equal to the combined dollar amount of the referendum revenues authorized by
each of the component districts for the year preceding the consolidation. If the referendum revenue authorizations
for each of the component districts were limited to a specified number of
years, The referendum revenue authorization for the newly created district
shall continue for a period of time equal to the longest period authorized for
any component district. If the
referendum revenue authorization of any component district is not limited to a
specified number of years, the referendum revenue authorization for the newly
created district shall not be limited to a specified number of years. The referendum revenue authorization for the
newly created district may be modified pursuant to section 126C.17, subdivision
9.
Sec. 6. Minnesota
Statutes 2002, section 123B.90, subdivision 2, is amended to read:
Subd. 2. [STUDENT
TRAINING.] (a) Each district must provide public school pupils enrolled in grades
kindergarten through grade 10 with age-appropriate school bus safety
training. The training must be results-oriented and shall consist of both
classroom instruction and practical training using a school bus. Upon completing the training, a student
shall be able to demonstrate knowledge and understanding, as described
in this section, of at least the following competencies
and concepts:
(1) transportation by school bus is a privilege and not a
right;
(2) district policies for student conduct and school bus
safety;
(3) appropriate conduct while on the school bus;
(4) the danger zones surrounding a school bus;
(5) procedures for safely boarding and leaving a school bus;
(6) procedures for safe street or road crossing; and
(7) school bus evacuation and other emergency procedures;
and
(8) appropriate training on the use of lap belts or lap and
shoulder belts, if the district uses buses equipped with lap belts or lap and
shoulder belts.
(b) Each nonpublic school located within the district must
provide all nonpublic school pupils enrolled in grades kindergarten
through grade 10 who are transported by school bus at public expense and
attend school within the district's boundaries with training as required in
paragraph (a). The school district
shall make a bus available for the practical training if the district
transports the nonpublic students. Each nonpublic school shall provide the
instruction.
(c) All Students enrolled in grades
kindergarten through 3 grade 6 who are transported by school bus
and are enrolled during the first or second week of school must demonstrate
achievement of receive the school bus safety training competencies
by the end of the third week of school.
All Students enrolled in grades 4 7 through 10 who
are transported by school bus and are enrolled during the first or second week
of school and have not received school bus safety training in kindergarten
through grade 6 must demonstrate achievement of receive the competencies
training by the end of the sixth week of school. Students in grades 9 and 10 must receive
training in the laws and proper procedures when operating a motor
vehicle in the vicinity of a school bus.
Students enrolled in grades kindergarten through grade 10
who enroll in a school after the second week of school and are transported by
school bus and have not received training in their previous school
district shall undergo school bus safety training and demonstrate
achievement of the school bus safety competencies or receive bus
safety instructional materials within four weeks of the first day of
attendance. The school transportation
safety director in each district must certify to the commissioner superintendent
of schools annually that all students transported by school bus within the
district have satisfactorily demonstrated knowledge and understanding of
received the school bus safety competencies training
according to this section or provide an explanation for a student's failure
to demonstrate the competencies.
The principal or other chief administrator of each nonpublic school must
certify annually to the school transportation safety director of the district
in which the school is located that all of the school's students
transported by school bus at public expense have received training according
to this section. A district
may deny transportation to a student who fails to demonstrate the competencies,
unless the student is unable to achieve the competencies due to a disability,
or to a student who attends a nonpublic school that fails to provide training as
required by this subdivision.
(d) A district and a nonpublic school with students transported
by school bus at public expense must, to the extent possible, may
provide kindergarten pupils with bus safety training before the first day of
school.
(e) A district and a nonpublic school with students transported
by school bus at public expense must may also provide student
safety education for bicycling and pedestrian safety, for students enrolled in grades
kindergarten through grade 5.
(f) A district and a nonpublic school with students transported
by school bus at public expense must make reasonable accommodations for the
school bus, bicycle, and pedestrian safety training of pupils known to
speak English as a second language and pupils with disabilities.
(g) The district must provide students enrolled in kindergarten
through grade 3 school bus safety training twice during the school year.
Sec. 7. Minnesota
Statutes 2002, section 123B.90, subdivision 3, is amended to read:
Subd. 3. [MODEL TRAINING
PROGRAM.] The commissioner shall develop a comprehensive model school bus
safety training program for pupils who ride the bus that includes bus safety
curriculum for both classroom and practical instruction, methods for
assessing attainment of school bus safety competencies, and age-appropriate
instructional materials. The model
training program for students riding buses with lap belts or lap and shoulder
belts must include information on the appropriate use of lap belts or lap and
shoulder belts. The program must be
adaptable for use by students with disabilities.
Sec. 8. Minnesota
Statutes 2002, section 123B.91, subdivision 1, is amended to read:
Subdivision 1.
[COMPREHENSIVE POLICY.] (a) Each district shall develop and
implement a comprehensive, written policy governing pupil transportation
safety, including transportation of nonpublic school students, when
applicable. The policy, at minimum,
must contain:
(1) provisions for appropriate student bus safety training
under section 123B.90;
(2) rules governing student conduct on school buses and in
school bus loading and unloading areas;
(3) a statement of parent or guardian
responsibilities relating to school bus safety;
(4) provisions for notifying students and parents or guardians
of their responsibilities and the rules, including the district's seat belt
policy, if applicable;
(5) an intradistrict system for reporting school bus
accidents or misconduct and a system for dealing with local law enforcement
officials in cases of criminal conduct on a school bus;
(6) (5) a discipline policy to address violations
of school bus safety rules, including procedures for revoking a student's bus
riding privileges in cases of serious or repeated misconduct;
(7) (6) a system for integrating school bus
misconduct records with other discipline records;
(8) a statement of bus driver duties;
(9) (7) where applicable, provisions governing
bus monitor qualifications, training, and duties;
(10) (8) rules governing the use and maintenance
of type III vehicles, drivers of type III vehicles, qualifications to drive a
type III vehicle, qualifications for a type III vehicle, and the circumstances
under which a student may be transported in a type III vehicle;
(11) (9) operating rules and procedures;
(12) provisions for annual bus driver in-service training
and evaluation;
(13) (10) emergency procedures;
(14) (11) a system for maintaining and inspecting
equipment; and
(15) (12) any other requirements of the school
district, if any, that exceed state law minimum requirements for school bus
operations; and
(16) requirements for basic first aid training, which must
include the Heimlich maneuver and procedures for dealing with obstructed
airways, shock, bleeding, and seizures.
(b) Districts are encouraged to use the model policy
developed by the Minnesota school boards association, the department of public
safety, and the department of children, families, and learning, as well as the
current edition of the "National Standards for School
Transportation," in developing safety policies. Each district shall review its policy annually to ensure that it
conforms to law.
Sec. 9. Minnesota
Statutes 2002, section 123B.92, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.]
For purposes of this section and section 125A.76, the terms defined in this
subdivision have the meanings given to them.
(a) "Actual expenditure per pupil transported in the
regular and excess transportation categories" means the quotient obtained
by dividing:
(1) the sum of:
(i) all expenditures for transportation in the regular
category, as defined in paragraph (b), clause (1), and the excess category, as
defined in paragraph (b), clause (2), plus
(ii) an amount equal to one year's depreciation on the
district's school bus fleet and mobile units computed on a straight line basis
at the rate of 15 percent per year for districts operating a program under
section 124D.128 for grades 1 to 12 for all students in the district and 12-1/2
percent per year for other districts of the cost of the fleet, plus
(iii) an amount equal to one year's depreciation on the
district's type three school buses, as defined in section 169.01, subdivision
6, clause (5), which must be used a majority of the time for pupil
transportation purposes, computed on a straight line basis at the rate of 20
percent per year of the cost of the type three school buses by:
(2) the number of pupils eligible for transportation in the
regular category, as defined in paragraph (b), clause (1), and the excess
category, as defined in paragraph (b), clause (2).
(b) "Transportation category" means a category of
transportation service provided to pupils as follows:
(1) Regular transportation is:
(i) transportation to and from school during the regular school
year for resident elementary pupils residing one mile or more from the public
or nonpublic school they attend, and resident secondary pupils residing two
miles or more from the public or nonpublic school they attend, excluding
desegregation transportation and noon kindergarten transportation; but with
respect to transportation of pupils to and from nonpublic schools, only to the
extent permitted by sections 123B.84 to 123B.87;
(ii) transportation of resident pupils to and from language
immersion programs;
(iii) transportation of a pupil who is a custodial parent and
that pupil's child between the pupil's home and the child care provider and
between the provider and the school, if the home and provider are within the
attendance area of the school; and
(iv) transportation to and from or board and lodging in another
district, of resident pupils of a district without a secondary school; and
(v) transportation to and from school during the regular
school year required under subdivision 3 for nonresident elementary
pupils when the distance from the attendance area border to the public
school is one mile or more, and for nonresident secondary pupils when
the distance from the attendance area border to the public school is two
miles or more, excluding desegregation transportation and noon kindergarten
transportation.
For the purposes of this paragraph, a district may designate a
licensed day care facility, respite care facility, the residence of a relative,
or the residence of a person chosen by the pupil's parent or guardian as the
home of a pupil for part or all of the day, if requested by the pupil's parent
or guardian, and if that facility or residence is within the attendance area of
the school the pupil attends.
(2) Excess transportation is:
(i) transportation to and from school during the regular
school year for resident secondary pupils residing at least one mile but
less than two miles from the public or nonpublic school they attend, and
transportation to and from school for resident pupils residing less than
one mile from school who are transported because of extraordinary traffic,
drug, or crime hazards; and
(ii) transportation to and from
school during the regular school year required under subdivision 3 for
nonresident secondary pupils when the distance from the attendance area
border to the school is at least one mile but less than two miles
from the public school they attend, and for nonresident pupils when the
distance from the attendance area border to the school is less than one
mile from the school and who are transported because of extraordinary
traffic, drug, or crime hazards.
(3) Desegregation transportation is transportation within and
outside of the district during the regular school year of pupils to and from
schools located outside their normal attendance areas under a plan for
desegregation mandated by the commissioner or under court order.
(4) "Transportation services for pupils with
disabilities" is:
(i) transportation of pupils with disabilities who cannot be
transported on a regular school bus between home or a respite care facility and
school;
(ii) necessary transportation of pupils with disabilities from
home or from school to other buildings, including centers such as developmental
achievement centers, hospitals, and treatment centers where special instruction
or services required by sections 125A.03 to 125A.24, 125A.26 to 125A.48, and
125A.65 are provided, within or outside the district where services are
provided;
(iii) necessary transportation for resident pupils with
disabilities required by sections 125A.12, and 125A.26 to 125A.48;
(iv) board and lodging for pupils with disabilities in a
district maintaining special classes;
(v) transportation from one educational facility to another
within the district for resident pupils enrolled on a shared-time basis in
educational programs, and necessary transportation required by sections
125A.18, and 125A.26 to 125A.48, for resident pupils with disabilities who are
provided special instruction and services on a shared-time basis;
(vi) transportation for resident pupils with disabilities to
and from board and lodging facilities when the pupil is boarded and lodged for
educational purposes; and
(vii) services described in clauses (i) to (vi), when provided
for pupils with disabilities in conjunction with a summer instructional program
that relates to the pupil's individual education plan or in conjunction with a
learning year program established under section 124D.128.
(5) "Nonpublic nonregular transportation" is:
(i) transportation from one educational facility to another
within the district for resident pupils enrolled on a shared-time basis in
educational programs, excluding transportation for nonpublic pupils with
disabilities under clause (4);
(ii) transportation within district boundaries between a
nonpublic school and a public school or a neutral site for nonpublic school
pupils who are provided pupil support services pursuant to section 123B.44; and
(iii) late transportation home from school or between schools
within a district for nonpublic school pupils involved in after-school
activities.
(c) "Mobile unit" means a
vehicle or trailer designed to provide facilities for educational programs and
services, including diagnostic testing, guidance and counseling services, and
health services. A mobile unit located
off nonpublic school premises is a neutral site as defined in section 123B.41,
subdivision 13.
Sec. 10. Minnesota
Statutes 2002, section 123B.92, subdivision 3, is amended to read:
Subd. 3. [ALTERNATIVE
ATTENDANCE PROGRAMS.] A district that enrolls nonresident pupils in programs
under sections 124D.03, 124D.06, 124D.07, 124D.08, 123A.05 to 123A.08,
and 124D.68, must provide authorized transportation to the pupil within the
attendance area for the school that the pupil attends at the same level of
service that is provided to resident pupils within the attendance area. The resident district need not provide or
pay for transportation between the pupil's residence and the district's border.
Sec. 11. Minnesota
Statutes 2002, section 123B.92, subdivision 9, is amended to read:
Subd. 9. [NONPUBLIC
PUPIL TRANSPORTATION AID.] (a) A district's nonpublic pupil transportation aid
for the 1996-1997 and later school years for transportation services for
nonpublic school pupils according to sections 123B.88, 123B.84 to 123B.86, and
this section, equals the sum of the amounts computed in paragraphs (b) and
(c). This aid does not limit the
obligation to transport pupils under sections 123B.84 to 123B.87.
(b) For regular and excess transportation according to
subdivision 1, paragraph (b), clauses (1) and (2), an amount equal to the
product of:
(1) the district's actual expenditure per pupil transported in
the regular and excess transportation categories during the second preceding
school year; times
(2) the number of nonpublic school pupils residing in the
district who receive regular or excess transportation service or reimbursement
for the current school year; times
(3) the ratio of the formula allowance pursuant to section
126C.10, subdivision 2, for the current school year to the formula allowance
pursuant to section 126C.10, subdivision 2, for the second preceding school
year.
(c) For nonpublic nonregular transportation according to
subdivision 1, paragraph (b), clause (5), an amount equal to the product of:
(1) the district's actual expenditure for nonpublic nonregular
transportation during the second preceding school year; times
(2) the ratio of the formula allowance pursuant to section
126C.10, subdivision 2, for the current school year to the formula allowance
pursuant to section 126C.10, subdivision 2, for the second preceding school
year.
(d) Notwithstanding the amount of the formula allowance for
fiscal years 2000, 2001, and 2002 year 2004 in section 126C.10,
subdivision 2, the commissioner shall use the amount of the formula allowance
for the current year plus $87 minus $415 in determining the
nonpublic pupil transportation revenue in paragraphs (b) and (c) for fiscal
year 2000, and the amount of the formula allowance less $110 in determining
the nonpublic pupil transportation revenue in paragraphs (b) and (c) for fiscal
years 2001 and 2002 2004.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2004.
Sec. 12. Minnesota
Statutes 2002, section 124D.09, subdivision 13, is amended to read:
Subd. 13. [FINANCIAL
ARRANGEMENTS.] For a pupil enrolled in a course under this section, the
department must make payments according to this subdivision for courses that
were taken for secondary credit.
The department must not make payments to a school district or
post-secondary institution for a course taken for post-secondary credit
only. The department must not make
payments to a post-secondary institution for a course from which a student
officially withdraws during the first 14 days of the quarter or semester or who
has been absent from the post-secondary institution for the first 15
consecutive school days of the quarter or semester and is not receiving
instruction in the home or hospital.
A post-secondary institution shall receive the following:
(1) for an institution granting quarter credit, the
reimbursement per credit hour shall be an amount equal to 88 percent of the
product of the formula allowance minus $415, multiplied by 1.3, and
divided by 45; or
(2) for an institution granting semester credit, the
reimbursement per credit hour shall be an amount equal to 88 percent of the
product of the general revenue formula allowance minus $415, multiplied
by 1.3, and divided by 30.
The department must pay to each post-secondary institution 100
percent of the amount in clause (1) or (2) within 30 days of receiving initial
enrollment information each quarter or semester. If changes in enrollment occur during a quarter or semester, the
change shall be reported by the post-secondary institution at the time the
enrollment information for the succeeding quarter or semester is
submitted. At any time the department
notifies a post-secondary institution that an overpayment has been made, the
institution shall promptly remit the amount due.
Sec. 13. Minnesota
Statutes 2002, section 124D.128, subdivision 6, is amended to read:
Subd. 6. [REVENUE COMPUTATION
AND REPORTING.] Aid and levy revenue computations must be based on the total
number of hours of education programs for pupils in average daily membership
for each fiscal year. Average daily
membership shall be computed under section 126C.05, subdivision 15. Hours of participation that occur after the
close of the regular 2003-2004 instructional year and before July 1,
2004, must be attributed to the following fiscal year. For revenue computation purposes, the
learning year program shall generate revenue based on the formulas for the
fiscal year in which the services are provided. The dates a participating pupil is promoted must be reported in a
timely manner to the department.
Sec. 14. Minnesota
Statutes 2002, section 124D.59, subdivision 2, is amended to read:
Subd. 2. [PUPIL OF
LIMITED ENGLISH PROFICIENCY.] (a) "Pupil of limited English
proficiency" means a pupil in kindergarten through grade 12
who meets the following requirements:
(1) the pupil in kindergarten through grade 12, as
declared by a parent or guardian first learned a language other than English,
comes from a home where the language usually spoken is other than English, or
usually speaks a language other than English; and
(2) for a pupil in kindergarten through grade 2, the
pupil is determined by developmentally appropriate measures, which might
include observations, teacher judgment, parent recommendations, or
developmentally appropriate assessment instruments, to lack the necessary
English skills to participate fully in classes taught in English; or.
that measures the pupil's emerging
academic English was administered, shall not be counted as a pupil of
limited English proficiency in calculating limited English proficiency
pupil units under section 126C.05, subdivision 17, and shall not
generate state limited English proficiency aid under section 124D.65,
subdivision 5, unless the pupil scored below the state cutoff score
on an assessment measuring emerging academic English provided by the
commissioner during the previous school year. (3) the (b) Notwithstanding paragraph (a), a
pupil in grades 3 4 through 12 scores who was enrolled
in a Minnesota public school on the dates during the previous school
year when a commissioner provided assessment
(c) Notwithstanding paragraphs (a) and (b), a pupil in kindergarten
through grade 12 shall not be counted as a pupil of limited English
proficiency in calculating limited English proficiency pupil units under
section 126C.05, subdivision 17, and shall not generate state limited
English proficiency aid under section 124D.65, subdivision 5, if:
(i) the pupil is not enrolled during the current fiscal year
in an educational program for pupils of limited English proficiency in
accordance with sections 124D.58 to 124D.64; or
(ii) the pupil has generated seven or more years of average
daily membership in Minnesota public schools since July 1, 1996.
A pupil that has generated more than four years but less
than five years of average daily membership in Minnesota public schools
since July 1, 1996, counts as .75 pupils.
A pupil that has generated more than five years but less than six
years of average daily membership in Minnesota schools since July 1,
1996, counts as .50 pupils. A pupil
that has generated more than six years but less than seven years of
average daily membership in Minnesota schools since July 1, 1996, counts
as .25 pupils.
Sec. 15. Minnesota
Statutes 2002, section 124D.65, subdivision 5, is amended to read:
Subd. 5. [SCHOOL
DISTRICT LEP REVENUE.] (a) A school district's limited English proficiency
programs revenue for fiscal year 2000 equals the state total limited English
proficiency programs revenue, minus the amount determined under paragraph (b),
times the ratio of the district's adjusted limited English proficiency programs
base revenue to the state total adjusted limited English proficiency programs
base revenue.
(b) Notwithstanding paragraph (a), if the limited English
proficiency programs base revenue for a district equals zero, the limited English
proficiency programs revenue equals the sum of the following amounts, computed
using current year data:
(1) 68 percent of the salary of one full-time equivalent
teacher for each 40 pupils of limited English proficiency enrolled, or 68
percent of the salary of one-half of a full-time teacher in a district with 20
or fewer pupils of limited English proficiency enrolled; and
(2) for supplies and equipment purchased or rented for use
in the instruction of pupils of limited English proficiency an amount equal to
47 percent of the sum actually spent by the district but not to exceed an
average of $47 in any one school year for each pupil of limited English
proficiency receiving instruction.
(c) A district's limited English proficiency programs
revenue for fiscal year 2001 and later equals the product of $584
(1) $650 in fiscal year 2004 and $675 in fiscal year 2005 and later
times (2) the greater of 20 or the number of adjusted marginal
cost average daily membership of eligible pupils of limited English
proficiency enrolled in the district during the current fiscal year.
(d) (b) A pupil ceases to generate state limited
English proficiency aid in the school year following the school year in which
the pupil attains the state cutoff score on a commissioner-provided assessment
that measures the pupil's emerging academic English.
Sec. 16. Minnesota
Statutes 2002, section 126C.05, subdivision 1, is amended to read:
Subdivision 1. [PUPIL
UNIT.] Pupil units for each Minnesota resident pupil in average daily
membership enrolled in the district of residence, in another district under
sections 123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 124D.68; in
a charter school under section 124D.10; or for whom the resident district pays
tuition under section 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488,
123B.88, subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or
125A.65, shall be counted according to this subdivision.
(a) A prekindergarten pupil with a disability who is enrolled
in a program approved by the commissioner and has an individual education plan
is counted as the ratio of the number of hours of assessment and education
service to 825 times 1.25 with a minimum average daily membership of 0.28, but
not more than 1.25 pupil units.
(b) A prekindergarten pupil who is assessed but determined not
to be handicapped is counted as the ratio of the number of hours of assessment
service to 825 times 1.25.
(c) A kindergarten pupil with a disability who is enrolled in a
program approved by the commissioner is counted as the ratio of the number of
hours of assessment and education services required in the fiscal year by the
pupil's individual education program plan to 875, but not more than one.
(d) A kindergarten pupil who is not included in paragraph (c)
is counted as .557 .50 of a pupil unit for fiscal year 2000
and thereafter.
(e) A pupil who is in any of grades 1 to 3 is counted as 1.115
1.00 pupil units for fiscal year 2000 and thereafter unit.
(f) A pupil who is any of grades 4 to 6 is counted as 1.06
1.00 pupil units for fiscal year 1995 and thereafter unit.
(g) A pupil who is in any of grades 7 to 12 is counted as 1.3
pupil units.
(h) A pupil who is in the post-secondary enrollment options
program is counted as 1.3 pupil units.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2004.
Sec. 17. Minnesota
Statutes 2002, section 126C.05, subdivision 8, is amended to read:
Subd. 8. [AVERAGE DAILY
MEMBERSHIP.] (a) Membership for pupils in grades kindergarten through 12
and for prekindergarten pupils with disabilities shall mean the number of
pupils on the current roll of the school, counted from the date of entry until
withdrawal. The date of withdrawal
shall mean the day the pupil permanently leaves the school or the date it is
officially known that the pupil has left or has been legally excused. However, a pupil, regardless of age, who has
been absent from school for 15 consecutive school days during the regular
school year or for five consecutive school days during summer school or
intersession classes of flexible school year programs without receiving
instruction in the home or hospital shall be dropped from the roll and
classified as withdrawn. Nothing in
this section shall be construed as waiving the compulsory attendance provisions
cited in section 120A.22. Average daily
membership equals the sum for all pupils of the number of days of the school
year each pupil is enrolled in the district's schools divided by the number of
days the schools are in session. Days
of summer school or intersession classes of flexible school year programs are
only included in the computation of membership for pupils with a disability not
appropriately served primarily in the regular classroom. A student must not be counted as more than
1.2 pupils in average daily membership under this section. When the
initial total average daily membership exceeds 1.2 for a pupil enrolled
in more than one school district during the fiscal year, each district's
average daily membership must be reduced proportionately.
(b) A student must not be counted as more than one pupil in
average daily membership except for purposes of section 126C.10, subdivision
2a.
Sec. 18. Minnesota
Statutes 2002, section 126C.05, subdivision 14, is amended to read:
Subd. 14. [COMPUTING
PUPIL UNITS FOR A PRIOR YEAR.] In computing pupil units for a prior year, the
number of pupil units shall be adjusted to reflect any change for the current
year in relative weightings by grade level or category of special assistance,
any change in measurement from average daily attendance to average daily
membership, any change in the limit on average daily membership that
can be generated by a pupil for a fiscal year as provided in
subdivisions 8 and 15, and any change in school district boundaries, but
not for the addition for the first time in the current year of a specified
category of special assistance as provided in subdivision 1, clause (4).
Sec. 19. Minnesota
Statutes 2002, section 126C.05, subdivision 15, is amended to read:
Subd. 15. [LEARNING
YEAR PUPIL UNITS.] (a) When a pupil is enrolled in a learning year program
under section 124D.128, an area learning center under sections 123A.05 and
123A.06, an alternative program approved by the commissioner, or a contract
alternative program under section 124D.68, subdivision 3, paragraph (d), or
subdivision 3a, for more than 1,020 hours in a school year for a secondary
student, more than 935 hours in a school year for an elementary student, or
more than 425 hours in a school year for a kindergarten student without a
disability, that pupil may be counted as more than one pupil in average daily
membership for purposes of section 126C.10, subdivision 2a. The amount in excess of one pupil must be
determined by the ratio of the number of hours of instruction provided to that
pupil in excess of: (i) the greater of
1,020 hours or the number of hours required for a full-time secondary pupil in
the district to 1,020 for a secondary pupil; (ii) the greater of 935 hours or
the number of hours required for a full-time elementary pupil in the district
to 935 for an elementary pupil in grades 1 through 6; and (iii) the greater of
425 hours or the number of hours required for a full-time kindergarten student
without a disability in the district to 425 for a kindergarten student without
a disability. Hours that occur after
the close of the instructional year in June shall be attributable to the
following fiscal year. A kindergarten
student must not be counted as more than 1.2 pupils in average daily membership
under this subdivision. A student in
grades 1 through 12 must not be counted as more than 1.5 1.2
pupils in average daily membership under this subdivision.
(b)(i) To receive general education revenue for a pupil in an
alternative program that has an independent study component, a district must
meet the requirements in this paragraph.
The district must develop, for the pupil, a continual learning plan consistent
with section 124D.128, subdivision 3.
Each school district that has a state-approved public alternative
program must reserve revenue in an amount equal to at least 90 percent of the
district average general education revenue per pupil unit less compensatory
revenue per pupil unit times the number of pupil units generated by students
attending a state-approved public alternative program. The amount of reserved revenue available
under this subdivision may only be spent for program costs associated with the
state-approved public alternative program.
Compensatory revenue must be allocated according to section 126C.15,
subdivision 2.
(ii) General education revenue for a pupil in an approved
alternative program without an independent study component must be prorated for
a pupil participating for less than a full year, or its equivalent. The district must develop a continual
learning plan for the pupil, consistent with section 124D.128, subdivision
3. Each school district that has a
state-approved public alternative program must reserve revenue in an amount
equal to at least 90 percent of the district average general education revenue
per pupil unit less compensatory revenue per pupil unit times the number of
pupil units generated by students attending a state-approved public alternative
program. The amount of reserved revenue
available under this subdivision may only be spent for program costs associated
with the state-approved public alternative program. Compensatory revenue must be allocated according to section
126C.15, subdivision 2.
(iii) General education revenue for a pupil in an approved
alternative program that has an independent study component must be paid for
each hour of teacher contact time and each hour of independent study time
completed toward a credit or graduation standards necessary for
graduation. Average daily membership
for a pupil shall equal the number of hours of teacher contact time and
independent study time divided by 1,020.
(iv) For an alternative program having an independent study
component, the commissioner shall require a description of the courses in the
program, the kinds of independent study involved, the expected learning
outcomes of the courses, and the means of measuring student performance against
the expected outcomes.
Sec. 20. Minnesota Statutes
2002, section 126C.05, subdivision 16, is amended to read:
Subd. 16. [FREE AND
REDUCED PRICED LUNCHES.] The commissioner shall determine the number of
children eligible to receive either a free or reduced priced lunch on October 1
each year. Children enrolled in a
building on October 1 and determined to be eligible to receive free or reduced
price lunch by January December 15 of the following that
school year shall be counted as eligible on October 1 for purposes of
subdivision 3. The commissioner may use
federal definitions for these purposes and may adjust these definitions as
appropriate. The commissioner may adopt
reporting guidelines to assure accuracy of data counts and eligibility. Districts shall use any guidelines adopted
by the commissioner.
Sec. 21. Minnesota
Statutes 2002, section 126C.05, subdivision 17, is amended to read:
Subd. 17. [LEP PUPIL
UNITS.] (a) Limited English proficiency pupil units for fiscal year 1998
2004 and thereafter shall be determined according to this subdivision.
(b) The limited English proficiency concentration percentage
for a district equals the product of 100 times the ratio of:
(1) the number of eligible pupils of limited English
proficiency in average daily membership enrolled in the district during
the current fiscal year; to
(2) the number of pupils in average daily membership enrolled
in the district.
(c) The limited English proficiency pupil units for each eligible
pupil enrolled in a program for pupils of limited English proficiency in
accordance with sections 124D.58 to 124D.64 in average daily membership
equals the lesser of one or the quotient obtained by dividing the limited
English proficiency concentration percentage for the pupil's district of
enrollment by 11.5.
(d) Limited English proficiency pupil units shall be counted by
the district of enrollment.
(e) Notwithstanding paragraph (d), for the purposes of this
subdivision, pupils enrolled in a cooperative or intermediate school district
shall be counted by the district of residence.
(f) For the purposes of this subdivision, the terms defined
in section 124D.59 have the same meaning.
Sec. 22. Minnesota
Statutes 2002, section 126C.10, subdivision 1, is amended to read:
Subdivision 1. [GENERAL
EDUCATION REVENUE.] (a) For fiscal year 2002, the general education revenue
for each district equals the sum of the district's basic revenue, basic skills
revenue, training and experience revenue, secondary sparsity revenue,
elementary sparsity revenue, transportation sparsity revenue, total operating
capital revenue, equity revenue, transition revenue, and supplemental revenue.
(b) For fiscal year 2003 and later, the general
education revenue for each district equals the sum of the district's basic
revenue, basic skills revenue, training and experience revenue, secondary
sparsity revenue, elementary sparsity revenue, transportation sparsity revenue,
total operating capital revenue, and equity revenue.
(b) For fiscal year 2004 and later,
the general education revenue for each district equals the sum of the
district's basic revenue, extended time revenue, class size reduction
revenue, basic skills revenue, secondary sparsity revenue, elementary
sparsity revenue, transportation sparsity revenue, total operating
capital revenue, equity revenue, and transition revenue.
Sec. 23. Minnesota
Statutes 2002, section 126C.10, is amended by adding a subdivision to read:
Subd. 2a.
[EXTENDED TIME REVENUE.] (a) A school district's extended time
revenue is equal to the product of $4,601 and the sum of the adjusted
marginal cost pupil units of the district for each pupil in average
daily membership in excess of 1.0 and less than 1.2 according to section
126C.05, subdivision 8.
(b) A school district's extended time revenue may be used
for extended day programs, extended week programs, summer school, and
other programming authorized under the learning year program.
Sec. 24. Minnesota
Statutes 2002, section 126C.10, is amended by adding a subdivision to read:
Subd. 2b. [CLASS
SIZE REDUCTION REVENUE.] For fiscal year 2004 and later, a school
district's class size reduction revenue equals:
(1) $262 times the sum of adjusted marginal cost pupils in
average daily membership, according to section 126C.05, subdivision
5, in kindergarten; plus
(2) $529 times the sum of adjusted marginal cost pupils in
average daily membership, according to section 126C.05, subdivision
5, in grades 1 to 3; plus
(3) $276 times the sum of adjusted marginal cost pupils in
average daily membership, according to section 126C.05, subdivision
5, in grades 4 to 6.
Sec. 25. Minnesota
Statutes 2002, section 126C.10, subdivision 3, is amended to read:
Subd. 3. [COMPENSATORY
EDUCATION REVENUE.] (a) For fiscal year 2004 and later, the
compensatory education revenue for each building in the district equals the
formula allowance $4,150 times the compensation revenue pupil units
computed according to section 126C.05, subdivision 3.
(b) A district's compensatory education revenue equals the
greater of the amount computed in paragraph (a) or the minimum compensatory
allowance times the number of compensatory pupils computed according to
section 126C.05, subdivision 3, paragraph (a), clause (1). For fiscal years 2004 and 2005, the minimum
compensatory allowance equals $500.
The minimum compensatory allowance for each subsequent year
equals the previous year's allowance plus $50.
(c) Revenue shall be paid to the district and must be
allocated according to section 126C.15, subdivision 2.
Sec. 26. Minnesota
Statutes 2002, section 126C.10, subdivision 4, is amended to read:
Subd. 4. [BASIC SKILLS
REVENUE.] (a) For fiscal year 2002, a school district's basic skills revenue
equals the sum of:
(1) compensatory revenue under subdivision 3; plus
(2) limited English proficiency revenue according to section
124D.65, subdivision 5; plus
(3) $190 times the limited English
proficiency pupil units according to section 126C.05, subdivision 17; plus
(4) $22.50 times the number of adjusted marginal cost pupil
units in kindergarten to grade 8.
(b) For fiscal year 2003 and later, A school district's
basic skills revenue equals the sum of:
(1) compensatory revenue under subdivision 3; plus
(2) limited English proficiency revenue under section 124D.65,
subdivision 5; plus
(3) $190 (i) $200 in fiscal year 2004 and later,
times (ii) the limited English proficiency pupil units under section
126C.05, subdivision 17.
Sec. 27. Minnesota
Statutes 2002, section 126C.10, subdivision 17, is amended to read:
Subd. 17.
[TRANSPORTATION SPARSITY DEFINITIONS.] The definitions in this
subdivision apply to subdivisions 18 and 19.
(a) "Sparsity index" for a district means the greater
of .2 or the ratio of the square mile area of the district to the resident
pupil units of the district.
(b) "Density index" for a district means the ratio of
the square mile area of the district to the resident pupil units of the
district. However, the density index
for a district cannot be greater than .2 or less than .005.
(c) "Fiscal year 1996 base allowance" for a
district means the result of the following computation:
(1) sum the following amounts:
(i) the fiscal year 1996 regular transportation revenue for
the district according to Minnesota Statutes 1996, section 124.225, subdivision
7d, paragraph (a), excluding the revenue attributable nonpublic school pupils
and to pupils with disabilities receiving special transportation services; plus
(ii) the fiscal year 1996 nonregular transportation revenue
for the district according to Minnesota Statutes 1996, section 124.225,
subdivision 7d, paragraph (b), excluding the revenue for desegregation
transportation according to Minnesota Statutes 1996, section 124.225,
subdivision 1, paragraph (c), clause (4), and the revenue attributable to
nonpublic school pupils and to pupils with disabilities receiving special
transportation services or board and lodging; plus
(iii) the fiscal year 1996 excess transportation levy for
the district according to Minnesota Statutes 1996, section 124.226, subdivision
5, excluding the levy attributable to nonpublic school pupils; plus
(iv) the fiscal year 1996 late activity bus levy for the
district according to Minnesota Statutes 1996, section 124.226, subdivision 9,
excluding the levy attributable to nonpublic school pupils; plus
(v) an amount equal to one-third of the fiscal year 1996 bus
depreciation for the district according to Minnesota Statutes 1996, section
124.225, subdivision 1, paragraph (b), clauses (2), (3), and (4).
(2) divide the result in clause (1) by the district's
1995-1996 fund balance pupil units.
Sec. 28. Minnesota Statutes 2002, section 126C.10, subdivision 18, is
amended to read:
Subd. 18.
[TRANSPORTATION SPARSITY REVENUE ALLOWANCE.] (a) A district's
transportation sparsity allowance equals the greater of zero or the result of
the following computation:
(i) Multiply the formula allowance according to subdivision 2 minus
$415, by .1469.
(ii) Multiply the result in clause (i) by the district's
sparsity index raised to the 26/100 power.
(iii) Multiply the result in clause (ii) by the district's
density index raised to the 13/100 power.
(iv) Multiply the formula allowance minus $415 according
to subdivision 2, by .0485.
(v) Subtract the result in clause (iv) from the result in
clause (iii).
(b) Transportation sparsity revenue is equal to the
transportation sparsity allowance times the adjusted marginal cost pupil units.
Sec. 29. Minnesota
Statutes 2002, section 126C.10, subdivision 24, is amended to read:
Subd. 24. [EQUITY
REVENUE.] (a) A school district qualifies for equity revenue if:
(1) the school district's adjusted marginal cost pupil unit
amount of basic revenue, supplemental revenue, transition revenue, and
referendum revenue is less than the value of the school district at or
immediately above the 95th percentile of school districts in its equity region
for those revenue categories; and
(2) the school district's administrative offices are not
located in a city of the first class on July 1, 1999.
(b) Equity revenue for a qualifying district that receives
referendum revenue under section 126C.17, subdivision 4, equals the product of
(1) the district's adjusted marginal cost pupil units for that year; times (2)
the sum of (i) $10 $13, plus (ii) $55 $75, times
the school district's equity index computed under subdivision 27.
(c) Equity revenue for a qualifying district that does not
receive referendum revenue under section 126C.17, subdivision 4, equals the
product of the district's adjusted marginal cost pupil units for that year
times $10 $13.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2005.
Sec. 30. Minnesota
Statutes 2002, section 126C.10, is amended by adding a subdivision to read:
Subd. 29.
[EQUITY LEVY.] To obtain equity revenue for fiscal year 2005
and later, a district may levy an amount not more than the product of
its equity revenue for the fiscal year times the lesser of one or the
ratio of its referendum market value per resident marginal cost pupil
unit to $476,000.
Sec. 31. Minnesota
Statutes 2002, section 126C.10, is amended by adding a subdivision to read:
Subd. 30.
[EQUITY AID.] A district's equity aid equals its equity
revenue minus its equity levy times the ratio of the actual amount
levied to the permitted levy.
Sec. 32. Minnesota Statutes 2002, section 126C.10, is amended by adding a
subdivision to read:
Subd. 31.
[TRANSITION REVENUE.] (a) A district's transition allowance
for fiscal years 2004 through 2008 equals the greater of zero or the
product of the ratio of the number of adjusted marginal cost pupil units
the district would have counted for fiscal year 2004 under Minnesota
Statutes 2002 to the district's adjusted marginal cost pupil units for
fiscal year 2004, times the difference between: (1) the lesser of the district's
general education revenue per adjusted marginal cost pupil unit for
fiscal year 2003 or the amount of general education revenue the district
would have received per adjusted marginal cost pupil unit for fiscal
year 2004 according to Minnesota Statutes 2002, and (2) the district's
general education revenue for fiscal year 2004 excluding transition revenue
divided by the number of adjusted marginal cost pupil units the district
would have counted for fiscal year 2004 under Minnesota Statutes
2002. A district's transition allowance
for fiscal year 2009 and later is zero.
(b) A district's transition revenue for fiscal year 2004
and later equals the product of the district's transition allowance
times the district's adjusted marginal cost pupil units.
Sec. 33. Minnesota
Statutes 2002, section 126C.10, is amended by adding a subdivision to read:
Subd. 32.
[TRANSITION LEVY.] To obtain transition revenue for fiscal year
2005 and later, a district may levy an amount not more than the product
of its transition revenue for the fiscal year times the lesser of one or
the ratio of its referendum market value per resident marginal cost
pupil unit to $476,000.
Sec. 34. Minnesota
Statutes 2002, section 126C.10, is amended by adding a subdivision to read:
Subd. 33.
[TRANSITION AID.] (a) For fiscal year 2004, a district's
transition aid equals its transition revenue.
(b) For fiscal year 2005 and later, a district's transition
aid equals its transition revenue minus its transition levy times the
ratio of the actual amount levied to the permitted levy.
Sec. 35. Minnesota
Statutes 2002, section 126C.13, subdivision 4, is amended to read:
Subd. 4. [GENERAL
EDUCATION AID.] (a) For fiscal year 2004, a district's general
education aid is the sum of the following amounts:
(1) general education revenue;
(2) shared time aid according to section 126C.01, subdivision
7; and
(3) referendum aid according to section 126C.17.
(b) For fiscal year 2005 and later, a district's general
education aid is the sum of the following amounts:
(1) general education revenue, excluding equity revenue and
transition revenue;
(2) equity aid according to section 126C.10, subdivision
30;
(3) transition aid according to section 126C.10, subdivision
33;
(4) shared time aid according to section 126C.01, subdivision
7; and
(5) referendum aid according to section 126C.17.
Sec. 36. Minnesota
Statutes 2002, section 126C.15, subdivision 1, is amended to read:
Subdivision 1. [USE OF
THE REVENUE.] The basic skills revenue under section 126C.10, subdivision 4, and
the portion of the transition revenue adjustment under section 126C.10,
subdivision 20, attributable to the compensatory transition allowance under
section 126C.10, subdivision 19, paragraph (b), must be reserved and used
to meet the educational needs of pupils who enroll under-prepared to learn and
whose progress toward meeting state or local content or performance standards
is below the level that is appropriate for learners of their age. Any of the following may be provided to meet
these learners' needs:
(1) direct instructional services under the assurance of
mastery program according to section 124D.66;
(2) remedial instruction in reading, language arts,
mathematics, other content areas, or study skills to improve the achievement
level of these learners;
(3) additional teachers and teacher aides to provide more
individualized instruction to these learners through individual tutoring, lower
instructor-to-learner ratios, or team teaching;
(4) a longer school day or week during the regular school year
or through a summer program that may be offered directly by the site or under a
performance-based contract with a community-based organization;
(5) comprehensive and ongoing staff development consistent with
district and site plans according to section 122A.60, for teachers, teacher
aides, principals, and other personnel to improve their ability to identify the
needs of these learners and provide appropriate remediation, intervention,
accommodations, or modifications;
(6) instructional materials and technology appropriate for
meeting the individual needs of these learners;
(7) programs to reduce truancy, encourage completion of high
school, enhance self-concept, provide health services, provide nutrition
services, provide a safe and secure learning environment, provide coordination
for pupils receiving services from other governmental agencies, provide psychological
services to determine the level of social, emotional, cognitive, and
intellectual development, and provide counseling services, guidance services,
and social work services;
(8) bilingual programs, bicultural programs, and programs for
learners of limited English proficiency;
(9) all day kindergarten;
(10) extended school day and extended school year programs; and
(11) substantial parent involvement in developing and
implementing remedial education or intervention plans for a learner, including
learning contracts between the school, the learner, and the parent that
establish achievement goals and responsibilities of the learner and the
learner's parent or guardian.
Sec. 37. Minnesota
Statutes 2002, section 126C.17, subdivision 1, is amended to read:
Subdivision 1.
[REFERENDUM ALLOWANCE.] (a) For fiscal year 2002, a district's
referendum revenue allowance equals the sum of the allowance under section
126C.16, subdivision 2, plus any additional allowance per resident marginal cost
pupil unit authorized under subdivision 9 for fiscal year 2002.
(b) For fiscal year 2003 and later, a district's initial
referendum revenue allowance equals the sum of the allowance under section
126C.16, subdivision 2, plus any additional allowance per resident marginal
cost pupil unit authorized under subdivision 9 before May 1, 2001, for fiscal
year 2002 and later, plus the referendum conversion allowance approved under
subdivision 13, minus $415. For
districts with more than one referendum authority, the reduction must be
computed separately for each authority.
The reduction must be applied first to the referendum conversion
allowance and next to the authority with the earliest expiration date. A district's initial referendum revenue
allowance may not be less than zero.
(c) For fiscal year 2003 and later, a district's
referendum revenue allowance equals the initial referendum allowance plus any
additional allowance per resident marginal cost pupil unit authorized under
subdivision 9 after between April 30, 2001, and December
30, 2001, for fiscal year 2003 and later.
(d) For fiscal year 2004 and later, a district's referendum
revenue allowance equals the sum of:
(1) the product of (i) the ratio of the resident marginal
cost pupil units the district would have counted for fiscal year 2004
under Minnesota Statutes 2002, section 126C.05, to the district's
resident marginal cost pupil units for fiscal year 2004, times (ii) the
initial referendum allowance plus any additional allowance per resident
marginal cost pupil unit authorized under subdivision 9 between April
30, 2001, and May 30, 2003, for fiscal year 2003 and later, plus
(2) any additional allowance per resident marginal cost pupil
unit authorized under subdivision 9 after May 30, 2003, for fiscal year
2005 and later.
Sec. 38. Minnesota
Statutes 2002, section 126C.17, subdivision 2, is amended to read:
Subd. 2. [REFERENDUM
ALLOWANCE LIMIT.] (a) Notwithstanding subdivision 1, for fiscal year 2002, a
district's referendum allowance must not exceed the greater of:
(1) the district's referendum allowance for fiscal year
1994;
(2) 25 percent of the formula allowance; or
(3) for a newly reorganized district created after July 1,
1994, the sum of the referendum revenue authority for the reorganizing
districts for the fiscal year preceding the reorganization, divided by the sum
of the resident marginal cost pupil units of the reorganizing districts for the
fiscal year preceding the reorganization.
(b) Notwithstanding subdivision 1, for fiscal year 2003 and
later fiscal years, a district's referendum allowance must not exceed the
greater of:
(1) the sum of a district's referendum allowance for fiscal
year 1994 times 1.162 plus its referendum conversion allowance for fiscal year
2003, minus $415;
(2) 18.2 percent of the formula allowance;
(3) for a newly reorganized district created on July 1, 2002,
the referendum revenue authority for each reorganizing district in the year
preceding reorganization divided by its resident marginal cost pupil units for
the year preceding reorganization, minus $415; or
(4) for a newly reorganized district created after July 1,
2002, the referendum revenue authority for each reorganizing district in the
year preceding reorganization divided by its resident marginal cost pupil units
for the year preceding reorganization.
(b) Notwithstanding subdivision 1, for fiscal year 2004 and
later, a district's referendum allowance must not exceed the greater
of:
(1) the sum of a district's referendum allowance for
fiscal year 1994 times 1.300 plus its referendum conversion allowance
for fiscal year 2003, minus $415;
(2) 21 percent of the formula allowance; or
(3) for a newly reorganized district created after July 1,
2002, the referendum revenue authority for each reorganizing district
in the year preceding reorganization divided by its resident marginal
cost pupil units for the year preceding reorganization.
Sec. 39. Minnesota
Statutes 2002, section 126C.17, subdivision 5, is amended to read:
Subd. 5. [REFERENDUM
EQUALIZATION REVENUE.] (a) For fiscal year 2003 and later, a district's
referendum equalization revenue equals the sum of the first tier referendum
equalization revenue and the second tier referendum equalization revenue.
(b) A district's first tier referendum equalization revenue
equals the district's first tier referendum equalization allowance times the
district's resident marginal cost pupil units for that year.
(c) For fiscal years 2003 and 2004, a district's first tier
referendum equalization allowance equals the lesser of the district's
referendum allowance under subdivision 1 or $126. For fiscal year 2005, a district's first tier referendum equalization
allowance equals the lesser of the district's referendum allowance under
subdivision 1 or $405. For fiscal year
2006 and later, a district's first tier referendum equalization
allowance equals the lesser of the district's referendum allowance under
subdivision 1 or $500.
(d) A district's second tier referendum equalization revenue
equals the district's second tier referendum equalization allowance times the
district's resident marginal cost pupil units for that year.
(e) A district's second tier referendum equalization allowance
equals the lesser of the district's referendum allowance under subdivision 1 or
18.2 21 percent of the formula allowance, minus the district's
first tier referendum equalization allowance.
(f) Notwithstanding paragraph (e), the second tier referendum
allowance for a district qualifying for secondary sparsity revenue under
section 126C.10, subdivision 7, or elementary sparsity revenue under section
126C.10, subdivision 8, equals the district's referendum allowance under
subdivision 1 minus the district's first tier referendum equalization
allowance.
Sec. 40. Minnesota
Statutes 2002, section 126C.17, subdivision 7, is amended to read:
Subd. 7. [REFERENDUM
EQUALIZATION AID.] (a) A district's referendum equalization aid equals the
difference between its referendum equalization revenue and levy.
(b) If a district's actual levy for first or second tier
referendum equalization revenue is less than its maximum levy limit for that
tier, aid shall be proportionately reduced.
(c) Notwithstanding paragraph (a), the referendum equalization
aid for a district, where the referendum equalization aid under paragraph (a)
exceeds 90 percent of the referendum revenue, must not exceed 18.2 21
percent of the formula allowance times the district's resident marginal cost
pupil units. A district's referendum
levy is increased by the amount of any reduction in referendum aid under this
paragraph.
Sec. 41. Minnesota
Statutes 2002, section 126C.17, subdivision 7a, is amended to read:
Subd. 7a. [REFERENDUM
TAX BASE REPLACEMENT AID.] For each school district that had a referendum
allowance for fiscal year 2002 exceeding $415, for each separately authorized
referendum levy, the commissioner of revenue, in consultation with the
commissioner of children, families, and learning education, shall
certify the amount of the referendum levy in taxes payable year 2001
attributable to the portion of the referendum allowance exceeding $415 levied
against property classified as class 2, noncommercial 4c(1), or 4c(4), under
section 273.13, excluding the portion of the tax paid by the portion of class
2a property consisting of the house, garage, and surrounding one acre of
land. The resulting amount must be used
to reduce the district's referendum levy amount otherwise determined, and must
be paid to the district each year that the referendum authority remains in
effect. The aid payable under this
subdivision must be subtracted from the district's referendum equalization aid
under subdivision 7. The referendum
equalization aid after the subtraction must not be less than zero.
For the purposes of this subdivision, the referendum levy
with the latest year of expiration is assumed to be at the highest level of
equalization, and the referendum levy with the earliest year of expiration is
assumed to be at the lowest level of equalization.
Sec. 42. Minnesota
Statutes 2002, section 126C.17, subdivision 9, is amended to read:
Subd. 9. [REFERENDUM
REVENUE.] (a) The revenue authorized by section 126C.10, subdivision 1, may be
increased in the amount approved by the voters of the district at a referendum
called for the purpose. The referendum
may be called by the board or shall be called by the board upon written
petition of qualified voters of the district.
The referendum must be conducted one or two calendar years before the
increased levy authority, if approved, first becomes payable. Only one election to approve an increase may
be held in a calendar year. Unless the referendum is conducted by mail under
paragraph (g), the referendum must be held on the first Tuesday after the first
Monday in November. The ballot must
state the maximum amount of the increased revenue per resident marginal cost
pupil unit, the estimated referendum tax rate as a percentage of referendum market
value in the first year it is to be levied, and that the revenue must be used
to finance school operations. The
ballot may state a schedule, determined by the board, of increased revenue per
resident marginal cost pupil unit that differs from year to year over the
number of years for which the increased revenue is authorized. If the ballot contains a schedule showing
different amounts, it must also indicate the estimated referendum tax rate as a
percent of referendum market value for the amount specified for the first year
and for the maximum amount specified in the schedule. The ballot may state that existing referendum levy authority is
expiring. In this case, the ballot may
also compare the proposed levy authority to the existing expiring levy
authority, and express the proposed increase as the amount, if any, over the
expiring referendum levy authority. The
ballot must designate the specific number of years, not to exceed ten, for
which the referendum authorization applies.
The notice required under section 275.60 may be modified to read, in
cases of renewing existing levies:
"BY
VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING FOR A
PROPERTY TAX INCREASE."
The ballot may contain a textual portion with the information
required in this subdivision and a question stating substantially the
following:
"Shall the increase in the revenue proposed by (petition
to) the board of ........., School District No. .., be approved?"
If approved, an amount equal to the approved revenue per
resident marginal cost pupil unit times the resident marginal cost pupil units
for the school year beginning in the year after the levy is certified shall be
authorized for certification for the number of years approved, if applicable,
or until revoked or reduced by the voters of the district at a subsequent
referendum.
(b) The board must prepare and deliver by first class mail
at least 15 days but no more than 30 days before the day of the referendum to
each taxpayer a notice of the referendum and the proposed revenue
increase. The board need not mail more
than one notice to any taxpayer. For
the purpose of giving mailed notice under this subdivision, owners must be
those shown to be owners on the records of the county auditor or, in any county
where tax statements are mailed by the county treasurer, on the records of the
county treasurer. Every property owner
whose name does not appear on the records of the county auditor or the county
treasurer is deemed to have waived this mailed notice unless the owner has
requested in writing that the county auditor or county treasurer, as the case
may be, include the name on the records for this purpose. The notice must project the anticipated
amount of tax increase in annual dollars and annual percentage for typical
residential homesteads, agricultural homesteads, apartments, and
commercial-industrial property within the school district.
The notice for a referendum may state that an existing
referendum levy is expiring and project the anticipated amount of increase over
the existing referendum levy in the first year, if any, in annual dollars and
annual percentage for typical residential homesteads, agricultural homesteads,
apartments, and commercial-industrial property within the district.
The notice must include the following statement: "Passage of this referendum will result
in an increase in your property taxes."
However, in cases of renewing existing levies, the notice may include
the following statement: "Passage
of this referendum may result in an increase in your property taxes."
(c) A referendum on the question of revoking or reducing the
increased revenue amount authorized pursuant to paragraph (a) may be called by
the board and shall be called by the board upon the written petition of
qualified voters of the district. A referendum to revoke or reduce the levy
revenue amount must be based upon the dollar amount, local tax rate,
or state the amount per resident marginal cost pupil unit, that
was stated to be the basis for the initial authorization by which the
authority is to be reduced. Revenue
authority approved by the voters of the district pursuant to paragraph
(a) must be received available to the school district at least
once before it is subject to a referendum on its revocation or reduction for
subsequent years. Only one revocation
or reduction referendum may be held to revoke or reduce referendum revenue for
any specific year and for years thereafter.
(d) A petition authorized by paragraph (a) or (c) is effective
if signed by a number of qualified voters in excess of 15 percent of the
registered voters of the district on the day the petition is filed with the
board. A referendum invoked by petition
must be held on the date specified in paragraph (a).
(e) The approval of 50 percent plus one of those voting on the
question is required to pass a referendum authorized by this subdivision.
(f) At least 15 days before the day of the referendum, the
district must submit a copy of the notice required under paragraph (b) to the
commissioner and to the county auditor of each county in which the district is
located. Within 15 days after the
results of the referendum have been certified by the board, or in the case of a
recount, the certification of the results of the recount by the canvassing board,
the district must notify the commissioner of the results of the referendum.
Sec. 43. Minnesota
Statutes 2002, section 126C.17, subdivision 13, is amended to read:
Subd. 13. [REFERENDUM
CONVERSION ALLOWANCE.] (a) A school district that received supplemental
or transition revenue in fiscal year 2002 may convert its supplemental revenue
conversion allowance and transition revenue conversion allowance to additional
referendum allowance under subdivision 1 for fiscal year 2003 and
thereafter. A majority of the school
board must approve the conversion at a public meeting before November 1,
2001. For a district with other
referendum authority, the referendum conversion allowance approved by the board
continues until the portion of the district's other referendum authority with
the earliest expiration date after June 30, 2006, expires. For a district with
no other referendum authority, the referendum conversion allowance approved by
the board continues until June 30, 2012.
(b) A school district that received
transition revenue in fiscal year 2004 may convert all or part of its
transition revenue to referendum revenue with voter approval in a referendum
called for the purpose. The referendum
must be held in accordance with subdivision 9, except that the ballot
may state that existing transition revenue authority is being canceled
or is expiring. In this case, the
ballot shall compare the proposed referendum allowance to the canceled
or expiring transition revenue allowance. For purposes of this comparison, the canceled or expiring
transition revenue allowance per adjusted marginal cost pupil unit shall
be converted to an allowance per resident marginal cost pupil unit based
on the district's ratio of adjusted marginal cost pupil units to resident
marginal cost pupil units for the preceding fiscal year. The referendum must be held on the first
Tuesday after the first Monday in November. The notice required under section 275.60 may be modified
to read: "BY VOTING 'YES' ON THIS
BALLOT QUESTION, YOU MAY BE VOTING FOR A PROPERTY TAX INCREASE."
Elections under this paragraph must be held in 2007 or earlier.
Sec. 44. Minnesota
Statutes 2002, section 126C.21, subdivision 3, is amended to read:
Subd. 3. [COUNTY
APPORTIONMENT DEDUCTION.] Each year the amount of money apportioned to a district
for that year pursuant to section 127A.34, subdivision 2, excluding any
district where the general education levy is determined according to section
126C.13, subdivision 3, must be deducted from the general education aid
earned by that district for the same year or from aid earned from other state
sources.
Sec. 45. Minnesota
Statutes 2002, section 126C.457, is amended to read:
126C.457 [CAREER AND TECHNICAL LEVY.]
For taxes payable in 2003 only, A school district may
levy an amount equal to the greater of (1) $10,000, or (2) the district's
fiscal year 2001 entitlement for career and technical aid under section
124D.453. The district must recognize
the full amount of this levy as revenue for the fiscal year in which it is
certified. Revenue received under this
section must be reserved and used only for career and technical programs.
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2004.
Sec. 46. Minnesota
Statutes 2002, section 169.28, subdivision 1, is amended to read:
Subdivision 1. [STOP
REQUIRED.] (a) The driver of any motor vehicle carrying passengers for hire, or
of any school bus whether carrying passengers or not, or of any Head Start bus
whether carrying passengers or not, or of any vehicle that is required to stop
at railroad grade crossings under Code of Federal Regulations, title 49,
section 392.10, before crossing at grade any track or tracks of a railroad,
shall stop the vehicle not less than 15 feet nor more than 50 feet from the
nearest rail of the railroad and while so stopped shall listen and look in both
directions along the track for any approaching train, and for signals
indicating the approach of a train, except as hereinafter provided, and shall
not proceed until safe to do so. The
driver must not shift gears while crossing the railroad tracks.
(b) A school bus or Head Start bus shall not be flagged across
railroad grade crossings except at those railroad grade crossings that the
local school administrative officer may designate.
(c) A type III school bus, as defined in section 169.01, is
exempt from the requirement of school buses to stop at railroad grade
crossings.
Sec. 47. Minnesota
Statutes 2002, section 169.4503, subdivision 4, is amended to read:
Subd. 4.
[CERTIFICATION.] A body manufacturer, school bus dealer, or
certified Minnesota commercial vehicle inspector who is also an employee
of an organization purchasing a school bus shall certify to the
department of public safety that the product meets Minnesota standards.
Sec. 48. Minnesota Statutes 2002, section 169.454, subdivision 6, is
amended to read:
Subd. 6.
[IDENTIFICATION.] (a) The vehicle must not have the words
"school bus" in any location on the exterior of the vehicle, or in
any interior location visible to a motorist.
(b) The vehicle must display to the rear of the vehicle this
sign: "VEHICLE STOPS AT RR
CROSSINGS."
(c) The lettering (except for "AT," which may be
one inch smaller) must be a minimum two-inch "Series D" as specified
in standard alphabets for highway signs as specified by the Federal Highway
Administration. The printing must be in
a color giving a marked contrast with that of the part of the vehicle on which
it is placed.
(d) The sign must have provisions for being covered, or be
of a removable or fold-down type.
Sec. 49. Minnesota
Statutes 2002, section 171.321, subdivision 5, is amended to read:
Subd. 5. [ANNUAL
EVALUATION AND LICENSE VERIFICATION.] (a) A school district's pupil
transportation safety director, the chief administrator of a nonpublic school,
or a private contractor shall certify annually to the school board or governing
board of a nonpublic school that, at minimum, each school bus driver meets the
school bus driver training competencies under subdivision 4. A school district, nonpublic school, or
private contractor also shall provide in-service training annually to
each school bus driver.
(b) A school district, nonpublic school, or private contractor
shall annually verify the validity of the driver's license of each person who
transports students for the district with the National Drivers Register or with
the department of public safety.
Sec. 50. [NONPUBLIC
PUPIL MATERIALS AND TESTS.]
Notwithstanding Minnesota Statutes, section 123B.42, subdivision
3, paragraph (b), the inflation adjustment for nonpublic pupil
textbooks, individualized instructional or cooperative learning
materials, and standardized tests for fiscal year 2004 must be computed
using the fiscal year 2004 formula allowance minus $415.
Sec. 51. [RECOGNITION
OF EXCELLENCE IN EDUCATION.]
The commissioner of education must develop for the kindergarten
through grade 12 task force on school finance reform a plan that
recognizes and financially rewards outstanding schools and students
demonstrating excellence in education consistent with the provisions on
academic excellence in Minnesota Statutes, chapter 120B.
Sec. 52.
[APPROPRIATIONS.]
Subdivision 1.
[DEPARTMENT OF EDUCATION.] The sums indicated in this section
are appropriated from the general fund to the department of education
for the fiscal years designated.
Subd. 2.
[GENERAL EDUCATION AID.] For general education aid under
Minnesota Statutes, section 126C.13, subdivision 4:
$4,834,653,000
. . . . . 2004
$5,137,390,000 . . . . . 2005
The 2004 appropriation includes $857,432,000 for 2003 and
$3,977,221,000 for 2004.
The 2005 appropriation includes $1,164,990 for 2004 and $3,972,400,000
for 2005.
Subd. 3. [REFERENDUM TAX BASE REPLACEMENT AID.] For
referendum tax base replacement aid under Minnesota Statutes, section
126C.17, subdivision 7a:
$7,600,000
. . . . .
2004
$7,971,000
. . . . .
2005
The 2004 appropriation includes $1,419,000 for 2003 and $6,181,000
for 2004.
The 2005 appropriation includes $1,846,000 for 2004 and $6,125,000
for 2005.
Subd. 4.
[ENROLLMENT OPTIONS TRANSPORTATION.] For transportation of
pupils attending postsecondary institutions under Minnesota Statutes,
section 124D.09, or for transportation of pupils attending nonresident
districts under Minnesota Statutes, section 124D.03:
$50,000
. . . . .
2004
$55,000
. . . . .
2005
Subd. 5.
[ABATEMENT REVENUE.] For abatement aid under Minnesota
Statutes, section 127A.49:
$2,597,000
. . . . .
2004
$2,931,000
. . . . .
2005
The 2004 appropriation includes $472,000 for 2003 and $2,125,000
for 2004.
The 2005 appropriation includes $643,000 for 2004 and $2,297,000
for 2005.
Subd. 6.
[CONSOLIDATION TRANSITION.] For districts consolidating under
Minnesota Statutes, section 123A.485:
$200,000
. . . . .
2004
$593,000
. . . . .
2005
The 2004 appropriation includes $35,000 for 2003 and $165,000
for 2004.
The 2005 appropriation includes $49,000 for 2004 and $544,000
for 2005.
Subd. 7.
[TORNADO IMPACT; YELLOW MEDICINE EAST.] For a grant to
independent school district No. 2190, Yellow Medicine East, for tornado
impact declining enrollment aid:
$78,000
. . . . .
2004
$39,000
. . . . .
2005
Subd. 8.
[DECLINING PUPIL AID; ALBERT LEA.] For declining pupil aid to
independent school district No. 241, Albert Lea:
$225,000
. . . . .
2004
$150,000
. . . . .
2005
Subd. 9. [DECLINING PUPIL AID; MESABI EAST.] For
declining pupil aid to independent school district No. 2711, Mesabi
East:
$150,000
. . . . .
2004
$100,000
. . . . .
2005
Subd. 10.
[DECLINING PUPIL AID; ROSEAU.] For declining pupil aid to
independent school district No. 682, Roseau:
$30,000
. . . . .
2004
$20,000
. . . . .
2005
Subd. 11.
[NONPUBLIC PUPIL AID.] For nonpublic pupil education aid under
Minnesota Statutes, sections 123B.40 to 123B.43 and 123B.87:
$14,179,000
. . . . .
2004
$15,568,000
. . . . .
2005
The 2004 appropriation includes $2,715,000 for 2003 and $11,464,000
for 2004.
The 2005 appropriation includes $3,424,000 for 2004 and $12,144,000
for 2005.
Subd. 12.
[NONPUBLIC PUPIL TRANSPORTATION.] For nonpublic pupil
transportation aid under Minnesota Statutes, section 123B.92,
subdivision 9:
$20,821,000
. . . . .
2004
$21,978,000
. . . . .
2005
The 2004 appropriation includes $3,990,000 for 2003 and $16,831,000
for 2004.
The 2005 appropriation includes $5,027,000 for 2004 and $16,951,000
for 2005.
Sec. 53. [REPEALER.]
(a) Minnesota Statutes 2002, sections 122A.60; 122A.61; 123A.73,
subdivisions 7, 10, and 11; 123B.05; 123B.81, subdivision 6; 124D.65,
subdivision 4; 126C.01, subdivision 4; 126C.12; and 126C.125, are
repealed.
(b) Minnesota Statutes 2002, section 126C.14, is repealed
effective for revenue for fiscal year 2003.
(c) Minnesota Statutes 2002, sections 122A.62; 126C.445;
and 126C.455, are repealed effective for taxes payable in 2004.
(d) Laws 2001, First Special Session chapter 6, article 5,
section 12, as amended by Laws 2002, chapter 377, article 12, section
15, is repealed.
(e) Laws 2000, chapter 489, article 2, section 36, as amended
by Laws 2001, First Special Session chapter 6, article 1, section 44, is
repealed effective for revenue for fiscal year 2004.
ARTICLE 2
EDUCATION
EXCELLENCE
Section 1. Minnesota
Statutes 2002, section 120A.24, subdivision 4, is amended to read:
Subd. 4. [REPORTS TO
THE STATE.] A superintendent must make an annual report to the commissioner of children,
families, and learning education.
The report must include the following information:
(1) the number of children residing in the district attending
nonpublic schools or receiving instruction from persons or institutions other
than a public school;
(2) the number of children in clause (1) who are in compliance
with section 120A.22 and this section; and
(3) the names, ages, and addresses number of
children whom in clause (1) who the superintendent has determined
are not in compliance with section 120A.22 and this section.
Sec. 2. Minnesota
Statutes 2002, section 120A.41, is amended to read:
120A.41 [LENGTH OF SCHOOL YEAR; DAYS OF INSTRUCTION.]
A school board's annual school calendar must include at least three
additional days of student instruction or staff development training related to
implementing section 120B.031, subdivision 1, paragraph (f), beyond the
number of days of student instruction the board formally adopted as its school
calendar at the beginning of the 1996-1997 school year.
[EFFECTIVE DATE.] This
section is effective for the 2003-2004 school year.
Sec. 3. Minnesota
Statutes 2002, section 121A.23, subdivision 1, is amended to read:
Subdivision 1.
[SEXUALLY TRANSMITTED INFECTIONS AND DISEASES PROGRAM.] The commissioner
of children, families, and learning education, in consultation
with the commissioner of health, shall assist districts in developing and
implementing a program to prevent and reduce the risk of sexually transmitted
infections and diseases, including but not exclusive to human immune deficiency
virus and human papilloma virus. Each
district must have a program that includes at least:
(1) planning materials, guidelines, and other technically
accurate and updated information;
(2) a comprehensive, technically accurate, and updated
curriculum that includes helping students to abstain from sexual activity until
marriage;
(3) cooperation and coordination among districts and SCs;
(4) a targeting of adolescents, especially those who may be at
high risk of contracting sexually transmitted infections and diseases, for
prevention efforts;
(5) involvement of parents and other community members;
(6) in-service training for appropriate district staff and
school board members;
(7) collaboration with state agencies and organizations
having a sexually transmitted infection and disease prevention or sexually
transmitted infection and disease risk reduction program;
(8) collaboration with local community health services,
agencies and organizations having a sexually transmitted infection and disease
prevention or sexually transmitted infection and disease risk reduction
program; and
(9) participation by state and local student organizations.
The department may provide assistance at a neutral site to a
nonpublic school participating in a district's program. District programs must
not conflict with the health and wellness curriculum developed under Laws 1987,
chapter 398, article 5, section 2, subdivision 7.
If a district fails to develop and implement a program to
prevent and reduce the risk of sexually transmitted infection and disease, the
department must assist the service cooperative in the region serving that
district to develop or implement the program.
Sec. 4. Minnesota
Statutes 2002, section 121A.23, is amended by adding a subdivision to read:
Subd. 1a.
[ABSTINENCE UNTIL MARRIAGE.] A school district that complies
with subdivision 1 must provide students with a curriculum on and
instruction in abstinence until marriage premised on risk avoidance.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 5. [121A.24]
[NOTICE REQUIREMENTS FOR STUDENT SURVEYS AND SIMILAR INSTRUMENTS.]
(a) A school district must obtain prior written informed
consent from a student's parent or guardian before administering an
academic or nonacademic student survey, assessment, analysis, evaluation,
or similar instrument that reveals information about the student or the
student's family concerning:
(1) political affiliations or beliefs;
(2) mental or psychological problems;
(3) sexual behavior or attitudes;
(4) illegal, antisocial, self-incriminating, or demeaning
behavior;
(5) critical appraisals of another individual with whom a
student has a close family relationship;
(6) legally recognized privileged or analogous relationships,
such as those with a lawyer, physician, or minister;
(7) religious practices, affiliations, or beliefs; or
(8) income or other income-related information required by
law to determine eligibility to participate in or receive financial
assistance under a program.
(b) When asking a parent or guardian to provide informed
written consent, the school district must:
(1) make a copy of the instrument readily accessible to the
parent or guardian at a convenient location and reasonable time; and
(2) specifically identify the information in paragraph
(a) that will be revealed through the instrument.
The district must request
the consent of the parent or guardian at least 14 days before administering the
instrument.
(c) A parent or guardian seeking to compel a school district
to comply with this section has available the civil remedies under
section 13.08, subdivision 4, in addition to other remedies provided by
law.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 6. Minnesota
Statutes 2002, section 121A.50, is amended to read:
121A.50 [JUDICIAL REVIEW.]
The decision of the commissioner of children, families, and
learning school district made under sections 121A.40 to 121A.56 is
subject to judicial review under sections 14.63 to 14.69 by writ
of certiorari to the court of appeals.
The school district may implement its decision during the appeal. The decision of the commissioner is
stayed pending an appeal under this section.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to
all appeals of school district decisions made after that date.
Sec. 7. Minnesota
Statutes 2002, section 121A.55, is amended to read:
121A.55 [POLICIES TO BE ESTABLISHED.]
(a) The commissioner of children, families, and learning
education shall promulgate guidelines to assist each school board. Each school board shall establish uniform
criteria for dismissal and adopt written policies and rules to effectuate the
purposes of sections 121A.40 to 121A.56.
The policies shall emphasize preventing dismissals through early
detection of problems and shall be designed to address students' inappropriate
behavior from recurring. The policies
shall recognize the continuing responsibility of the school for the education
of the pupil during the dismissal period.
The alternative educational services, if the pupil wishes to take
advantage of them, must be adequate to allow the pupil to make progress towards
meeting the graduation standards adopted under section 120B.02 and help prepare
the pupil for readmission.
(b) Consistent with its policies adopted under paragraph
(a), a school district, in consultation with a student's parent or
guardian, may assign a student to an area learning center or provide
other alternative educational services under section 121A.41, subdivision
11. An area learning center under
section 123A.05 may not prohibit an expelled or excluded pupil from enrolling
solely because a district expelled or excluded the pupil. The board of the area learning center may
use the provisions of the Pupil Fair Dismissal Act to exclude a pupil or to
require an admission plan.
(c) The commissioner shall actively encourage and assist
school districts to cooperatively establish alternative educational services
within school buildings or at alternative program sites that offer instruction
to pupils who are dismissed from school for willfully engaging in dangerous,
disruptive, or violent behavior, including for possessing a firearm in a school
zone.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 8. Minnesota
Statutes 2002, section 122A.414, is amended by adding a subdivision to read:
Subd. 3.
[REPORT.] Participating districts and school sites must report
on the implementation and effectiveness of the alternative teacher
compensation plan, particularly addressing each requirement under
subdivision 2 and make biennial recommendations by January 1 to their
school boards. The school boards
shall transmit a summary of the findings and recommendations of their
district to the commissioner.
Sec. 9. Minnesota
Statutes 2002, section 122A.415, subdivision 1, is amended to read:
Subdivision 1. [AID
AMOUNT.] (a) A school district that meets the conditions of section 122A.414
and submits an application approved by the commissioner is eligible for
alternative compensation aid. The
commissioner must consider only applications submitted jointly by a school
district and the exclusive representative of the teachers for participation in
the program. The application must
contain a formally adopted collective bargaining agreement, memorandum of
understanding, or other binding agreement that implements an alternative
teacher professional pay system consistent with section 122A.414 and includes
all teachers in a district, all teachers at a school site, or at least 25
percent of the teachers in a district.
The commissioner, in approving applications, may give preference
to applications involving entire districts or sites in approving
applications or to applications that align measures of teacher performance
with student academic achievement and progress under section 120B.35,
subdivision 1.
(b) Alternative compensation aid for a qualifying school
district, site, or portion of a district or school site is as follows:
(1) for a school district in which the school board and the
exclusive representative of the teachers agree to place all teachers in the
district or at the site on the alternative compensation schedule, alternative
compensation aid equals $150 times the district's or the site's number of
pupils enrolled on October 1 of the previous fiscal year; or
(2) for a district in which the school board and the exclusive
representative of the teachers agree that at least 25 percent of the district's
licensed teachers will be paid on the alternative compensation schedule,
alternative compensation aid equals $150 times the percentage of participating
teachers times the district's number of pupils enrolled as of October 1 of the
previous fiscal year.
Sec. 10. Minnesota
Statutes 2002, section 122A.415, subdivision 3, is amended to read:
Subd. 3. [AID TIMING.]
(a) Districts or sites with approved applications must receive alternative
compensation aid for each school year that the district or site participates in
the program as described in this subdivision. Districts or sites with applications received by the
commissioner before June 1 of the first year of a two-year contract
shall receive compensation aid for both years of the contract. Districts or sites with applications
received by the commissioner after June 1 of the first year of a
two-year contract shall receive compensation aid only for the second
year of the contract. The
commissioner must approve initial applications for school districts qualifying
under subdivision 1, paragraph (b), clause (1), by January 15 of each
year. If any money remains, the
commissioner must approve aid amounts for school districts qualifying under
subdivision 1, paragraph (b), clause (2), by February 15 of each year.
(b) The commissioner shall select applicants that qualify for
this program, notify school districts and school sites about the program,
develop and disseminate application materials, and carry out other activities
needed to implement this section.
Sec. 11. Minnesota
Statutes 2002, section 122A.63, subdivision 3, is amended to read:
Subd. 3. [REVIEW AND
COMMENT.] The commissioner must submit the joint application to the Minnesota
American Indian scholarship education committee for review
and comment.
Sec. 12. Minnesota
Statutes 2002, section 123B.02, subdivision 14, is amended to read:
Subd. 14. [EMPLOYEES;
CONTRACTS FOR SERVICES.] (a) The board may employ and discharge
necessary employees and may contract for other services. Notwithstanding any other law to the
contrary, it shall be an inherent managerial right of the board to
unilaterally contract or subcontract for services unless the power to
contract or subcontract is specifically prohibited by collective
bargaining agreements with all units of affected employees.
(b) Notwithstanding any law to the contrary, when the exclusive
representative and the employer have been in negotiation of a contract
or subcontract for the services of nonteachers as set out in the
collective bargaining agreement and have participated in mediation over
a period of at least 45 days, either party may declare an impasse and
terminate the negotiation and the collective bargaining agreement shall
conclusively be determined to be expired.
After expiration of the collective bargaining agreement occurs
under this paragraph, the employer may contract with any other persons
and entities for the services.
(c) For the purposes of paragraph (b), the mediation period
begins on the day following receipt by the commissioner of a request
for mediation.
(d) Paragraph (b) applies to all agreements between the board
and collective bargaining representatives except for teachers as defined
in section 122A.41, subdivision 1, paragraph (a).
[EFFECTIVE DATE.] This
section is effective for contracts negotiated and entered into on or
after July 1, 2003, and contracts beginning negotiation, but not entered
into, before July 1, 2003.
Sec. 13. [123B.025]
[SCHOOL SPONSORSHIP AND ADVERTISING REVENUE.]
Subdivision 1.
[BOARD AUTHORITY; CONTRACTS.] A school board may enter into a
contract with advertisers, sponsors, or others regarding advertising and
naming rights to school facilities and vehicles under the general charge
of the district. A contract
authorized under this section must be approved by the school board. The powers granted to a school board
under this section are in addition to any other authority the school
district may have.
Subd. 2.
[AUTHORIZED AGREEMENTS.] A school district may enter into a
contract to:
(1) lease the naming rights for school facilities, including
school buildings, ice arenas, and stadiums;
(2) sell advertising on or in the facilities listed in clause
(1);
(3) sell advertising on or in school buses subject to the
content restrictions of section 123B.93; and
(4) otherwise enter into an agreement with a sponsoring agent.
Subd. 3.
[REVENUE USES.] Revenue generated under this section must be
used according to a plan specified by the school board.
Sec. 14. Minnesota Statutes 2002, section 123B.36, subdivision 1, is
amended to read:
Subdivision 1. [SCHOOL
BOARDS MAY REQUIRE FEES.] (a) For purposes of this subdivision, "home
school" means a home school as defined in sections 120A.22 and 120A.24
with five or fewer students receiving instruction.
(b) A school board is authorized to require payment of fees in
the following areas:
(1) in any program where the resultant product, in excess of
minimum requirements and at the pupil's option, becomes the personal property
of the pupil;
(2) admission fees or charges for extra curricular activities,
where attendance is optional and where the admission fees or charges a student
must pay to attend or participate in an extracurricular activity is the same
for all students, regardless of whether the student is enrolled in a public or
a home school;
(3) a security deposit for the return of materials, supplies,
or equipment;
(4) personal physical education and athletic equipment and
apparel, although any pupil may personally provide it if it meets reasonable
requirements and standards relating to health and safety established by the
board;
(5) items of personal use or products that a student has an
option to purchase such as student publications, class rings, annuals, and
graduation announcements;
(6) fees specifically permitted by any other statute, including
but not limited to section 171.05, subdivision 2; provided (i) driver education
fees do not exceed the actual cost to the school and school district of
providing driver education, and (ii) the driver education courses are open to
enrollment to persons between the ages of 15 and 18 who reside or attend school
in the school district;
(7) field trips considered supplementary to a district
educational program;
(8) any authorized voluntary student health and accident
benefit plan;
(9) for the use of musical instruments owned or rented by the
district, a reasonable rental fee not to exceed either the rental cost to the
district or the annual depreciation plus the actual annual maintenance cost for
each instrument;
(10) transportation of pupils to and from extra curricular
activities conducted at locations other than school, where attendance is
optional, and transportation of charter school students participating
in extracurricular activities conducted in the resident school district
under section 123B.49, subdivision 4, paragraph (a), which must be
charged to the charter school;
(11) transportation to and from school of pupils living within
two miles from school and all other transportation services not required by
law. If a district charges fees for
transportation of pupils, it must establish guidelines for that transportation
to ensure that no pupil is denied transportation solely because of inability to
pay;
(12) motorcycle classroom education courses conducted outside
of regular school hours; provided the charge must not exceed the actual cost of
these courses to the school district;
(13) transportation to and from post-secondary institutions for
pupils enrolled under the post-secondary enrollment options program under
section 123B.88, subdivision 22. Fees
collected for this service must be reasonable and must be used to reduce the
cost of operating the route. Families
who qualify for mileage reimbursement under section 124D.09, subdivision 22,
may use their state mileage reimbursement to pay this fee. If no fee is charged, districts must
allocate costs based on the number of pupils riding the route.
[EFFECTIVE DATE.] This
section is effective for the 2003-2004 school year and later.
Sec. 15. Minnesota Statutes 2002, section 123B.49, subdivision 4, is
amended to read:
Subd. 4. [BOARD CONTROL
OF EXTRACURRICULAR ACTIVITIES.] (a) The board may take charge of and control
all extracurricular activities of the teachers and children of the public
schools in the district.
Extracurricular activities means all direct and personal services for
pupils for their enjoyment that are managed and operated under the guidance of
an adult or staff member. The board
shall allow all resident pupils receiving instruction in a home school as
defined in section 123B.36, subdivision 1, paragraph (a), and all resident
pupils receiving instruction in a charter school as defined in section
124D.10 to be eligible to fully participate in extracurricular activities
on the same basis as public school students enrolled in the district's
schools. Charter school students
participating in extracurricular activities must meet the academic and
student conduct requirements of the charter school and resident district.
(b) Extracurricular activities have all of the following
characteristics:
(1) they are not offered for school credit nor required for
graduation;
(2) they are generally conducted outside school hours, or if
partly during school hours, at times agreed by the participants, and approved
by school authorities;
(3) the content of the activities is determined primarily by
the pupil participants under the guidance of a staff member or other adult.
(c) If the board does not take charge of and control
extracurricular activities, these activities shall be self-sustaining with all
expenses, except direct salary costs and indirect costs of the use of school
facilities, met by dues, admissions, or other student fund-raising events. The general fund must reflect only those
salaries directly related to and readily identified with the activity and paid
by public funds. Other revenues and expenditures for extra curricular
activities must be recorded according to the "Manual of Instruction for
Uniform Student Activities Accounting for Minnesota School Districts and Area
Vocational-Technical Colleges." Extracurricular activities not under board
control must have an annual financial audit and must also be audited annually
for compliance with this section.
(d) If the board takes charge of and controls extracurricular
activities, any or all costs of these activities may be provided from school
revenues and all revenues and expenditures for these activities shall be
recorded in the same manner as other revenues and expenditures of the district.
(e) If the board takes charge of and controls extracurricular
activities, the teachers or pupils in the district must not participate in such
activity, nor shall the school name or any allied name be used in connection
therewith, except by consent and direction of the board.
(f) School districts may charge charter schools their proportional
share of the direct and indirect costs of the extracurricular activities
not covered by student fees under section 123B.36, subdivision 1.
[EFFECTIVE DATE.] This
section is effective for the 2003-2004 school year and later.
Sec. 16. Minnesota
Statutes 2002, section 123B.88, subdivision 2, is amended to read:
Subd. 2. [VOLUNTARY
SURRENDER OF TRANSPORTATION PRIVILEGES.] The parent or guardian of a secondary
student may voluntarily surrender the secondary student's to and from
school transportation privileges granted under subdivision 1.
Sec. 17. Minnesota Statutes 2002, section 124D.081, is amended by adding a
subdivision to read:
Subd. 9.
[RESERVE ACCOUNT.] First grade preparedness revenue must be
placed in a reserve account within the general fund and may only be used
for first grade preparedness programs at qualifying school sites.
Sec. 18. Minnesota
Statutes 2002, section 124D.09, subdivision 9, is amended to read:
Subd. 9. [ENROLLMENT
PRIORITY.] A post-secondary institution shall give priority to its
post-secondary students when enrolling 11th and 12th grade pupils in its
courses. A post-secondary institution
may provide information about its programs to a secondary school or to a pupil
or parent, but it may not advertise or otherwise recruit or solicit the
participation on financial grounds, of secondary pupils to enroll
in its programs on financial grounds.
An institution must not enroll secondary pupils, for post-secondary
enrollment options purposes, in remedial, developmental, or other courses that
are not college level. Once a pupil has
been enrolled in a post-secondary course under this section, the pupil shall
not be displaced by another student.
Sec. 19. Minnesota
Statutes 2002, section 124D.09, subdivision 10, is amended to read:
Subd. 10. [COURSES
ACCORDING TO AGREEMENTS.] An eligible pupil, according to subdivision 4 5,
may enroll in a nonsectarian course taught by a secondary teacher or a
post-secondary faculty member and offered at a secondary school, or another
location, according to an agreement between a public school board and the
governing body of an eligible public post-secondary system or an eligible
private post-secondary institution, as defined in subdivision 3. All provisions of this section shall apply
to a pupil, public school board, district, and the governing body of a
post-secondary institution, except as otherwise provided.
Sec. 20. Minnesota
Statutes 2002, section 124D.09, subdivision 16, is amended to read:
Subd. 16. [FINANCIAL
ARRANGEMENTS FOR COURSES PROVIDED ACCORDING TO AGREEMENTS.] (a) The agreement
between a board and the governing body of a public post-secondary system or
private post-secondary institution shall set forth the payment amounts and
arrangements, if any, from the board to the post-secondary institution. No payments shall be made by the department
according to subdivision 14 13 or 15. For the purpose of computing state aids for a district, a pupil
enrolled according to subdivision 10 shall be counted in the average daily
membership of the district as though the pupil were enrolled in a secondary
course that is not offered in connection with an agreement. Nothing in this subdivision shall be
construed to prohibit a public post-secondary system or private post-secondary
institution from receiving additional state funding that may be available under
any other law.
(b) If a course is provided under subdivision 10, offered at a
secondary school, and taught by a secondary teacher, the post-secondary system
or institution must not require a payment from the school board that exceeds
the cost to the post-secondary institution that is directly attributable to
providing that course.
Sec. 21. Minnesota
Statutes 2002, section 124D.09, subdivision 20, is amended to read:
Subd. 20. [TEXTBOOKS;
MATERIALS.] All textbooks and equipment provided to a pupil, and paid for under
subdivision 13, are the property of the pupil's school district of residence
postsecondary institution. Each
pupil is required to return all textbooks and equipment to the district postsecondary
institution after the course has ended.
Sec. 22. [124D.095]
[DISTANCE EDUCATION OPTION.]
Subdivision 1.
[CITATION.] This section may be cited as the "Distance
Education Option Act."
Subd. 2.
[DEFINITIONS.] For purposes of this section, the following
terms have the meanings given them.
(a) "Distance education"
is an interactive course or program that delivers instruction to a
student by video, audio, computer, or multimedia communication; is
combined with other traditional delivery methods that include frequent
student assessment and actual teacher contact time; and meets or exceeds
state academic standards.
(b) "Distance education provider" is a school
district, an organization of two or more school districts operating
under a joint powers agreement, or a charter school located in Minnesota
that provides distance education to students.
(c) "Student" is a Minnesota resident enrolled in
a school under section 120A.22, subdivision 4, in kindergarten through
grade 12.
(d) "Distance education student" is a student
enrolled in distance education offered by a distance education provider
under paragraph (b).
Subd. 3.
[AUTHORIZATION; NOTICE; LIMITATIONS ON ENROLLMENT.] (a) A student, or
the parent or guardian of a student age 17 or younger, may apply to a
distance education provider to enroll the student in distance education. No school district or charter school
may prohibit a student from applying to enroll in distance
education. A distance education
provider that accepts a student under this section must, within ten
days, notify the student and the student's school and school district
if the student is not enrolled in the school district or charter school
delivering the distance education. The
notice must report the student's course or program and hours of
instruction.
(b) A distance education provider must notify the commissioner
that it is delivering distance education and report the number of
distance education students it is accepting and the distance education
courses and programs it is delivering.
(c) A distance education provider may limit enrollment if
the provider's school board or board of directors adopts by resolution
specific standards for accepting and rejecting students' applications.
Subd. 4.
[DISTANCE EDUCATION PARAMETERS.] (a) A distance education
student must receive academic credit for successfully completing the
requirements of a distance education course or program. Secondary credits granted to a distance
education student must be counted toward the graduation and subject area
requirements of the school district or charter school in which the
student is enrolled.
(b) A distance education student may:
(1) enroll during a single school year in a maximum of 12
semester-long courses or their equivalent delivered by the distance
education provider or the school district or charter school in which the
distance education student is currently enrolled;
(2) complete course work at a grade level that is different
from the student's current grade level; and
(3) enroll in additional courses with the distance education
provider under a separate agreement that includes terms for payment of
any tuition or course fees.
(c) A distance education student has the same access to the
computer hardware and education software available in a school as all
other students enrolled in the district or charter school. A distance education provider must assist a
distance education student whose family qualifies for the education tax
credit under section 290.0674 to acquire computer hardware and educational
software for distance learning purposes.
Subd. 5. [PARTICIPATION IN EXTRACURRICULAR
ACTIVITIES.] A distance education student may participate in the extracurricular
activities of the charter school or school district in which the student
is currently enrolled on the same basis as other students enrolled in
the charter school or school district.
Subd. 6.
[INFORMATION.] School districts and charter schools must make
available information about distance education to all interested people.
Subd. 7.
[FINANCIAL ARRANGEMENTS.] (a) For a distance education student
enrolled in a distance education course or program, the department must
make payments according to this subdivision.
(b) The department must not pay a distance education provider
under this section if:
(1) the distance education provider is also the school district
or charter school in which the student is currently enrolled; or
(2) the distance education student officially withdraws from
the distance education course or program during the first 15 days of the
course or program.
(c) For each quarter course, the department must pay a distance
education provider delivering quarter courses under this section an
amount equal to the product of (i) the student grade level weighting
under section 126C.05, subdivision 1, (ii) .88, and (iii) the formula
allowance, all divided by 18.
(d) For each semester course, the department must pay a distance
education provider delivering semester courses under this section an
amount equal to the product of (i) the student grade level weighting
under section 126C.05, subdivision 1, (ii) .88, and (iii) the formula
allowance divided by 12.
(e) The department must pay each distance education provider
100 percent of the amount in paragraph (c) or (d) within 30 days of
receiving initial enrollment information each quarter or semester. If a change in enrollment occurs during a
quarter or semester, the distance education provider must report the
change to the department at the time it submits the enrollment
information for the next quarter or semester.
(f) For students currently enrolled in a public school, the
department shall continue to pay the public school under chapters
120A to 128, less any amounts paid to the distance education provider.
Subd. 8.
[PAYMENT PRIORITY.] (a) To the extent funds are available, the
commissioner must pay a distance education provider according to
subdivision 7, in the order in which a distance education provider
notifies the commissioner under subdivision 3, paragraph (b), that it is
delivering distance education.
The distance education provider must submit to the commissioner
any student information necessary to process payments under this
section.
(b) Before paying other distance education providers under
paragraph (a), the commissioner must pay providers that delivered
distance education in fiscal year 2003.
The amount paid to these providers equals the amount received per
pupil in fiscal year 2003 times the qualifying number of pupils enrolled
during the current year. A
provider's qualifying number of pupils may not exceed 110 percent of the
previous year's pupils. A
provider that qualifies under this paragraph may also submit an
application for funding for additional pupils under paragraph (a).
[EFFECTIVE DATE.] This
section is effective for the 2003-2004 school year and later.
Sec. 23. Minnesota
Statutes 2002, section 124D.10, subdivision 2a, is amended to read:
Subd. 2a. [CHARTER
SCHOOL ADVISORY COUNCIL.] (a) A charter school advisory council is established
under section 15.059 except that the term for each council member shall be
three years. The advisory
council is composed of seven members from throughout the state who have
demonstrated experience with or interest in charter schools. The members of the council shall
be appointed by the commissioner. The
advisory council shall bring to the attention of the commissioner any matters
related to charter schools that the council deems necessary and shall:
(1) encourage school boards to make full use of charter school
opportunities;
(2) encourage the creation of innovative schools;
(3) provide leadership and support for charter school sponsors
to increase the innovation in and the effectiveness, accountability, and fiscal
soundness of charter schools;
(4) serve an ombudsman function in facilitating the operations
of new and existing charter schools;
(5) promote timely financial management training for newly
elected members of a charter school board of directors and ongoing training for
other members of a charter school board of directors; and
(6) review charter school applications and recommend
approving or disapproving the applications; and
(7) facilitate compliance with auditing and other
reporting requirements. The advisory
council shall refer all its proposals to the commissioner who shall provide
time for reports from the council.
(b) The charter school advisory council under this subdivision
expires June 30, 2003 2007.
Sec. 24. Minnesota
Statutes 2002, section 124D.10, subdivision 3, is amended to read:
Subd. 3. [SPONSOR.] A
school board; intermediate school district school board; education district
organized under sections 123A.15 to 123A.19; charitable organization under
section 501(c)(3) of the Internal Revenue Code of 1986 that is a member of the
Minnesota council of nonprofits or the Minnesota council on foundations,
registered with the attorney general's office, and reports an end-of-year fund
balance of at least $2,000,000; Minnesota private college that grants two- or
four-year degrees and is registered with the higher education services office
under chapter 136A; community college, state university, or technical college,
governed by the board of trustees of the Minnesota state colleges and
universities; or the University of Minnesota may sponsor one or more charter schools. A nonprofit corporation subject to
chapter 317A, described in section 317A.905, and exempt from federal
income tax under section 501(c)(6) of the Internal Revenue Code of 1986,
may sponsor one or more charter schools if the nonprofit corporation has
existed for at least 25 years.
[EFFECTIVE DATE.] This
section is effective for the 2003-2004 school year and later.
Sec. 25. Minnesota
Statutes 2002, section 124D.10, subdivision 4, is amended to read:
Subd. 4. [FORMATION OF
SCHOOL.] (a) A sponsor may authorize one or more licensed teachers under
section 122A.18, subdivision 1, to operate a charter school subject to approval
by the commissioner. A board must vote
on charter school application for sponsorship no later than 90 days after
receiving the application. After 90
days, the applicant may apply to the commissioner. If a board elects not to sponsor a charter school, the applicant
may appeal the board's decision to the commissioner. The commissioner may elect to sponsor the charter school or
assist the applicant in finding an eligible sponsor. The school must be organized and operated as a cooperative under
chapter 308A or nonprofit corporation under chapter 317A and the provisions
under the applicable chapter shall apply to the school except as provided in
this section. Notwithstanding sections 465.717 and 465.719, a school district
may create a corporation for the purpose of creating a charter school.
(b) Before the operators may form and operate a school, the
sponsor must file an affidavit with the commissioner stating its intent to
authorize a charter school. The
affidavit must state the terms and conditions under which the sponsor would
authorize a charter school. The
commissioner must approve or disapprove the sponsor's proposed authorization
within 60 days of receipt of the affidavit.
Failure to obtain commissioner approval precludes a sponsor from
authorizing the charter school that was the subject of the affidavit.
(c) The operators authorized to organize and operate a school,
before entering into a contract or other agreement for professional or other
services, goods, or facilities, must incorporate as a cooperative under chapter
308A or as a nonprofit corporation under chapter 317A and must establish a
board of directors composed of at least five members until a timely election
for members of the charter school board of directors is held according to the
school's articles and bylaws. A charter
school board of directors must be composed of at least five members. Any staff members who are employed at the
school, including teachers providing instruction under a contract with a
cooperative, and all parents of children enrolled in the school may participate
in the election for members of the school's board of directors. Licensed teachers employed at the school,
including teachers providing instruction under a contract with a cooperative,
must be a majority of the members of the board of directors before the school
completes its third year of operation, unless the commissioner waives the
requirement for a majority of licensed teachers on the board. Board of director
meetings must comply with chapter 13D.
(d) The granting or renewal of a charter by a sponsoring entity
must not be conditioned upon the bargaining unit status of the employees of the
school.
(e) A sponsor may authorize the operators of a charter school
to expand the operation of the charter school to additional sites or to
add additional grades at the school beyond those described in the
sponsor's application as approved by the commissioner only after
submitting a supplemental application to the commissioner in a form and
manner prescribed by the commissioner.
The supplemental application must provide evidence that:
(1) the expansion of the charter school is supported by need
and projected enrollment;
(2) the charter school is fiscally sound;
(3) the sponsor supports the expansion; and
(4) the building of the additional site meets all health
and safety requirements to be eligible for lease aid.
(f) The commissioner annually must provide timely
financial management training to newly elected members of a charter school
board of directors and ongoing training to other members of a charter school
board of directors. Training must
address ways to:
(1) proactively assess opportunities for a charter school to
maximize all available revenue sources;
(2) establish and maintain complete, auditable records for the
charter school;
(3) establish proper filing techniques;
(4) document formal actions of the charter school, including
meetings of the charter school board of directors;
(5) properly manage and retain charter school and student
records;
(6) comply with state and federal payroll record-keeping
requirements; and
(7) address other similar factors that facilitate establishing
and maintaining complete records on the charter school's operations.
Sec. 26. Minnesota
Statutes 2002, section 124D.10, subdivision 8, is amended to read:
Subd. 8. [STATE AND
LOCAL REQUIREMENTS.] (a) A charter school shall meet all applicable state and
local health and safety requirements.
(b) A school sponsored by a school board may be located in any
district, unless the school board of the district of the proposed location
disapproves by written resolution.
(c) A charter school must be nonsectarian in its programs,
admission policies, employment practices, and all other operations. A sponsor may not authorize a charter school
or program that is affiliated with a nonpublic sectarian school or a religious
institution.
(d) Charter schools must not be used as a method of providing
education or generating revenue for students who are being home-schooled.
(e) The primary focus of a charter school must be to provide a
comprehensive program of instruction for at least one grade or age group from
five through 18 years of age. Instruction may be provided to people younger
than five years and older than 18 years of age.
(f) A charter school may not charge tuition.
(g) A charter school is subject to and must comply with chapter
363 and section 121A.04.
(h) A charter school is subject to and must comply with the
Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the Minnesota Public
School Fee Law, sections 123B.34 to 123B.39.
(i) A charter school is subject to the same financial audits,
audit procedures, and audit requirements as a district. Audits must be
conducted in compliance with generally accepted governmental auditing
standards, the Federal Single Audit Act, if applicable, and section 6.65. A charter school is subject to and must
comply with sections 15.054; 118A.01; 118A.02; 118A.03; 118A.04; 118A.05;
118A.06; 123B.52, subdivision 5; 471.38; 471.391; 471.392; 471.425; 471.87;
471.88, subdivisions 1, 2, 3, 4, 5, 6, 12, 13, and 15; 471.881; and
471.89. The audit must comply with the
requirements of sections 123B.75 to 123B.83, except to the extent deviations
are necessary because of the program at the school. Deviations must be approved by the commissioner. The department of children, families, and
learning education, state auditor, or legislative auditor may
conduct financial, program, or compliance audits. A charter school determined to be in statutory operating debt
under sections 123B.81 to 123B.83 must submit a plan under section 123B.81,
subdivision 4.
(j) A charter school is a district for the purposes of tort
liability under chapter 466.
(k) A charter school must comply with sections 13.32; 120A.22,
subdivision 7; 121A.75; and 260B.171, subdivisions 3 and 5.
(l) A charter school where students participate in the extracurricular
activities of the student's resident school district is subject to
sections 123B.36, subdivision 1, clause (10), and 123B.49, subdivision
4, paragraph (a).
[EFFECTIVE DATE.] This
section is effective for the 2003-2004 school year and later.
Sec. 27. Minnesota
Statutes 2002, section 124D.10, subdivision 16, is amended to read:
Subd. 16.
[TRANSPORTATION.] (a) By July 1 of each year, a charter school must
notify the district in which the school is located and the department of children,
families, and learning education if it will provide transportation
for pupils enrolled in the school for the fiscal year.
(b) If a charter school elects to provide transportation for
pupils, the transportation must be provided by the charter school within the
district in which the charter school is located. The state must pay transportation aid to the charter school
according to section 124D.11, subdivision 2.
For pupils who reside outside the district in which the charter
school is located, the charter school is not required to provide or pay for
transportation between the pupil's residence and the border of the district in
which the charter school is located. A parent
may be reimbursed by the charter school for costs of transportation from the
pupil's residence to the border of the district in which the charter school is
located if the pupil is from a family whose income is at or below the poverty
level, as determined by the federal government. The reimbursement may not exceed the pupil's actual cost of
transportation or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for more than
250 miles per week.
At the time a pupil enrolls in a charter school, the charter
school must provide the parent or guardian with information regarding the
transportation.
(c) If a charter school does not elect to provide
transportation, transportation for pupils enrolled at the school must be
provided by the district in which the school is located, according to sections
123B.88, subdivision 6, and 124D.03, subdivision 8, for a pupil residing in the
same district in which the charter school is located. Transportation may be provided by the district in which the
school is located, according to sections 123B.88, subdivision 6, and 124D.03,
subdivision 8, for a pupil residing in a different district. If the district provides the
transportation, the scheduling of routes, manner and method of
transportation, control and discipline of the pupils, and any other
matter relating to the transportation of pupils under this paragraph
shall be within the sole discretion, control, and management of the
district.
Sec. 28. Minnesota
Statutes 2002, section 124D.10, subdivision 20, is amended to read:
Subd. 20. [LEAVE TO
TEACH IN A CHARTER SCHOOL.] If a teacher employed by a district makes a written
request for an extended leave of absence to teach at a charter school, the
district must grant the leave. The
district must grant a leave for any number of not to exceed five
years requested by the teacher, and must. Any request to extend the leave at the teacher's request
shall be granted only at the discretion of the school board. The district may require that the request
for a leave or extension of leave be made up to 90 days before the teacher
would otherwise have to report for duty.
Except as otherwise provided in this subdivision and except for section
122A.46, subdivision 7, the leave is governed by section 122A.46, including,
but not limited to, reinstatement, notice of intention to return, seniority,
salary, and insurance.
During a leave, the teacher may continue to aggregate benefits
and credits in the teachers' retirement association account by paying both the
employer and employee contributions based upon the annual salary of the teacher
for the last full pay period before the leave began. The retirement association may impose reasonable requirements to
efficiently administer this subdivision.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to
approvals of leaves or approvals of extensions of leaves made after that
date. Notwithstanding Minnesota Statutes 2002, section 122A.46, subdivision
2, a school district, upon request, must grant a one-year extension for
the 2003-2004 school year to a teacher on a leave of absence to teach at
a charter school under this subdivision who has taught five or more
years as of the 2003-2004 school year.
Sec. 29. Minnesota Statutes 2002, section 124D.11, subdivision 1, is
amended to read:
Subdivision 1. [GENERAL
EDUCATION REVENUE.] (a) General education revenue must be paid to a charter
school as though it were a district.
The general education revenue for each adjusted marginal cost pupil unit
is the state average general education revenue per pupil unit, plus the
referendum equalization aid allowance in the pupil's district of residence,
minus an amount equal to the product of the formula allowance according to
section 126C.10, subdivision 2, times .0485, calculated without basic skills
revenue, and transportation sparsity revenue, and the transportation
portion of the transition revenue adjustment, plus basic skills revenue and
transition revenue as though the school were a school district.
(b) Notwithstanding paragraph (a), for charter schools in the
first year of operation, general education revenue shall be computed using the
number of adjusted pupil units in the current fiscal year.
Sec. 30. Minnesota
Statutes 2002, section 124D.11, subdivision 2, is amended to read:
Subd. 2.
[TRANSPORTATION REVENUE.] Transportation revenue must be paid to a
charter school that provides transportation services according to section
124D.10, subdivision 16, according to this subdivision. Transportation aid shall equal
transportation revenue.
In addition to the revenue under subdivision 1, a charter
school providing transportation services must receive general education aid for
each pupil unit equal to the sum of an amount equal to the product of the
formula allowance according to section 126C.10, subdivision 2, times .0485,
plus the transportation sparsity allowance for the school district in which the
charter school is located, plus the transportation transition allowance for
the district in which the charter school is located.
Sec. 31. Minnesota
Statutes 2002, section 124D.11, subdivision 4, is amended to read:
Subd. 4. [BUILDING
LEASE AID.] When a charter school finds it economically advantageous to rent or
lease a building or land for any instructional purposes and it determines that
the total operating capital revenue under section 126C.10, subdivision 13, is
insufficient for this purpose, it may apply to the commissioner for building
lease aid for this purpose. The
commissioner must review and either approve or deny a lease aid application
using the following criteria:
(1) the reasonableness of the price based on current market
values;
(2) the extent to which the lease conforms to applicable state
laws and rules; and
(3) the appropriateness of the proposed lease in the context of
the space needs and financial circumstances of the charter school.
A charter school must not
use the building lease aid it receives for custodial, maintenance service,
utility, or other operating costs.
The amount of building lease aid per pupil unit served for a charter
school for any year shall not exceed the lesser of (a) 90 percent of the
approved cost or (b) the product of the pupil units served for the current
school year times $1,500 the greater of the charter school's
building lease aid per pupil unit served for fiscal year 2003 or $1,200.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2004.
Sec. 32. Minnesota Statutes 2002, section 124D.11, subdivision 6, is
amended to read:
Subd. 6. [OTHER AID,
GRANTS, REVENUE.] (a) A charter school is eligible to receive other aids,
grants, and revenue according to chapters 120A to 129C, as though it were a
district.
(b) Notwithstanding paragraph (a), a charter school may not
receive aid, a grant, or revenue if a levy is required to obtain the money,
except as otherwise provided in this section.
(c) Federal aid received by the state must be paid to the
school, if it qualifies for the aid as though it were a school district.
(d) A charter school may receive money from any source for
capital facilities needs. In the
year-end report to the commissioner of children, families, and learning education,
the charter school shall report the total amount of funds received from grants
and other outside sources.
(e) Notwithstanding paragraph (a) or (b), a charter school
may apply for a grant to receive the aid portion of integration revenue under
section 124D.86, subdivision 3, for enrolled students who are residents of a
district that is eligible for integration revenue. The commissioner shall determine grant recipients and may adopt
application guidelines. The grants must
be competitively determined and must demonstrate that enrolling pupils in the
charter school contributes to desegregation or integration purposes as
determined by the commissioner. If the
charter school has elected not to provide transportation under section 124D.10,
subdivision 16, the aid shall be reduced by the amount per pupil unit specified
for the district where the charter school is located under section 123B.92,
subdivision 8.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2004.
Sec. 33. Minnesota
Statutes 2002, section 124D.128, subdivision 3, is amended to read:
Subd. 3. [STUDENT
PLANNING.] A district must inform all pupils and their parents about the
learning year program and that participation in the program is optional. A continual learning plan must be developed
at least annually for each pupil with the participation of the pupil, parent or
guardian, teachers, and other staff; each participant must sign and date the
plan. The plan must specify the
learning experiences that must occur during the entire fiscal year and, for
secondary students, for graduation. The
plan must include:
(1) the pupil's learning objectives and experiences, including
courses or credits the pupil plans to complete each year and, for a secondary
pupil, the graduation requirements the student must complete;
(2) the assessment measurements used to evaluate a pupil's
objectives;
(3) requirements for grade level or other appropriate
progression; and
(4) for pupils generating more than one average daily
membership in a given grade, an indication of which objectives were unmet.
The plan may be modified to
conform to district schedule changes.
The district may not modify the plan if the modification would result in
delaying the student's time of graduation.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 34. Minnesota Statutes 2002, section 124D.42, subdivision 6, is
amended to read:
Subd. 6. [PROGRAM
TRAINING.] (a) The commission must, within available resources, ensure an
opportunity for each participant to have three weeks of training in a
residential setting. If offered, each
training session must:
(1) orient each participant in the nature, philosophy, and
purpose of the program;
(2) build an ethic of community service through general
community service training; and
(3) provide additional training as it determines necessary,
which may include training in evaluating early literacy skills and
teaching reading to preschool children through the St. Croix River
education district under Laws 2001, First Special Session chapter 6,
article 2, section 70, to assist local Head Start organizations in
establishing and evaluating Head Start programs for developing
children's early literacy skills.
(b) Each grantee organization shall also train participants in
skills relevant to the community service opportunity.
Sec. 35. Minnesota
Statutes 2002, section 124D.86, subdivision 1a, is amended to read:
Subd. 1a. [BUDGET
APPROVAL PROCESS.] Each year before a district receives any revenue under
subdivision 3, clause (4), (5), or (6), the district must submit
to the department of children, families, and learning education,
for its review and approval a budget detailing the costs of the
desegregation/integration plan filed under Minnesota Rules, parts 3535.0100 to
3535.0180. Notwithstanding chapter 14,
the department may develop criteria for budget approval. The department shall consult with the
desegregation advisory board in developing these criteria. The criteria developed by the department
should address, at a minimum, the following:
(1) budget items cannot be approved unless they are part of any
overall desegregation plan approved by the district for isolated sites or by
the multidistrict collaboration council and participation individual members;
(2) the budget must indicate how revenue expenditures will be
used specifically to support increased opportunities for interracial contact;
(3) components of the budget to be considered by the
department, including staffing, curriculum, transportation, facilities,
materials, and equipment and reasonable planning costs, as determined by the
department; and
(4) if plans are proposed to enhance existing programs, the
total budget being appropriated to the program must be included, indicating
what part is to be funded using integration revenue and what part is to be
funded using other revenues.
[EFFECTIVE DATE.] This
section is effective retroactively for revenue for fiscal year 2003.
Sec. 36. Minnesota
Statutes 2002, section 124D.86, subdivision 3, is amended to read:
Subd. 3. [INTEGRATION
REVENUE.] Integration revenue equals the following amounts:
(1) for independent school district No. 709, Duluth, $207
$212 times the adjusted pupil units for the school year;
(2) for independent school district No. 625, St. Paul, $446
$464 times the adjusted pupil units for the school year;
(3) for special school district No. 1,
Minneapolis, the sum of $446 $473 times the adjusted pupil units
for the school year and an additional $35 $40 times the adjusted
pupil units for the school year that is provided entirely through a local levy;
(4) for a district not listed in clause (1), (2), or (3), that
must implement a plan under Minnesota Rules, parts 3535.0100 to 3535.0180,
where the district's enrollment of protected students, as defined under Minnesota
Rules, part 3535.0110, exceeds 15 percent, the lesser of (i) the actual cost of
implementing the plan during the fiscal year minus the aid received under
subdivision 6, or (ii) $130 $133 times the adjusted pupil units
for the school year;
(5) for a district not listed in clause (1), (2), (3), or (4),
that is required to implement a plan according to the requirements of Minnesota
Rules, parts 3535.0100 to 3535.0180, the lesser of
(i) the actual cost of implementing the plan during the fiscal
year minus the aid received under subdivision 6, or
(ii) $93 $94 times the adjusted pupil units for
the school year.
Any money received by districts in clauses (1) to (4) (3)
which exceeds the amount received in fiscal year 2000 shall be subject to the
budget requirements in subdivision 1a; and
(6) for a member district of a multidistrict integration
collaborative that files a plan with the commissioner, but is not contiguous to
a racially isolated district, integration revenue equals the amount defined in
clause (5).
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2004.
Sec. 37. Minnesota
Statutes 2002, section 124D.86, subdivision 4, is amended to read:
Subd. 4. [INTEGRATION
LEVY.] A district may levy an amount equal to 37 percent for fiscal year 2003, 22
23 percent for fiscal year 2004, 29 and 35 percent for
fiscal year 2005, and 22 percent for fiscal year 2006 and thereafter of
the district's integration revenue as defined in subdivision 3.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2004.
Sec. 38. Minnesota
Statutes 2002, section 124D.86, subdivision 5, is amended to read:
Subd. 5. [INTEGRATION
AID.] A district's integration aid equals 63 percent for fiscal year 2003,
78 percent for fiscal year 2004, 71 percent for fiscal year 2005, and 78
percent for fiscal year 2006 and thereafter of the difference between
the district's integration revenue as defined in subdivision 3 and
its integration levy.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2004.
Sec. 39. Minnesota
Statutes 2002, section 124D.86, subdivision 6, is amended to read:
Subd. 6. [ALTERNATIVE
ATTENDANCE PROGRAMS.] (a) The integration aid under subdivision 5 must be
adjusted for each pupil residing in a district eligible for integration revenue
under subdivision 3, clause (1), (2), or (3), and attending a nonresident
district under sections 123A.05 to 123A.08, 124D.03, 124D.06, 124D.07,
and 124D.08, that is not eligible for integration revenue under subdivision 3,
clause (1), (2), or (3), and has implemented a plan under Minnesota Rules,
parts 3535.0100 to 3535.0180, if the enrollment of the pupil in the nonresident
district contributes to desegregation or integration purposes. The adjustments must be made according to
this subdivision.
(b) Aid paid to a district serving
nonresidents must be increased by an amount equal to the revenue per pupil unit
of the resident district under subdivision 3, clause (1), (2), or (3), minus
the revenue attributable to the pupil in the nonresident district under
subdivision 3, clause (4), (5), or (6), for the time the pupil is
enrolled in the nonresident district.
[EFFECTIVE DATE.] This
section is effective retroactively for fiscal year 2003.
Sec. 40. Minnesota
Statutes 2002, section 126C.44, is amended to read:
126C.44 [SAFE SCHOOLS LEVY.]
Each district may make a levy on all taxable property located
within the district for the purposes specified in this section. The maximum amount which may be levied for
all costs under this section shall be equal to $30 $31 multiplied
by the district's adjusted marginal cost pupil units for the school year. The proceeds of the levy must be used for
directly funding the following purposes or for reimbursing the cities and
counties who contract with the district for the following purposes: (1) to pay the costs incurred for the
salaries, benefits, and transportation costs of peace officers and sheriffs for
liaison in services in the district's schools; (2) to pay the costs for a drug
abuse prevention program as defined in section 609.101, subdivision 3,
paragraph (e), in the elementary schools; (3) to pay the costs for a gang
resistance education training curriculum in the district's schools; (4) to pay
the costs for security in the district's schools and on school property; or (5)
to pay the costs for other crime prevention, drug abuse, student and staff
safety, and violence prevention measures taken by the school district. The district must initially attempt to
contract for services to be provided by peace officers or sheriffs with the
police department of each city or the sheriff's department of the county within
the district containing the school receiving the services. If a local police department or a county
sheriff's department does not wish to provide the necessary services, the
district may contract for these services with any other police or sheriff's
department located entirely or partially within the school district's
boundaries. The levy authorized under
this section is not included in determining the school district's levy
limitations.
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2004.
Sec. 41. Minnesota
Statutes 2002, section 128C.05, is amended by adding a subdivision to read:
Subd. 1a.
[SUPERVISED COMPETITIVE HIGH SCHOOL DIVING.] (a) Notwithstanding
Minnesota Rules, part 4717.3750, any pool built before January 1, 1987,
that complies with the swimming and diving rules of the national
federation of state high school associations may be used for supervised
competitive high school diving.
A school or district using a pool for supervised competitive high
school diving under this provision must provide appropriate notice to
parents and participants.
(b) Paragraph (a) applies only to a school or district that
provided a high school diving program during the 2000-2001 school
year.
[EFFECTIVE DATE.] This
section is effective for the 2003-2004 school year and later.
Sec. 42. Laws 2001,
First Special Session chapter 6, article 2, section 64, is amended to read:
Sec. 64. [SCHOOLS'
ACADEMIC AND FINANCIAL PERFORMANCE EVALUATION; INDEPENDENT CONTRACTOR.]
(a) To assist taxpayers, educators, school board members, and
state and local officials in realizing their commitment to improving student
achievement and the management of school systems, the commissioner of children,
families, and learning education shall contract with an independent
school evaluation services contractor to evaluate and report on the academic and
financial performance of the state's independent school districts using, but
not limited to, six core categories of analysis:
(1) school district expenditures;
(2) students' performance outcomes based on multiple indicia
including students' test scores, attendance rates, dropout rates, and
graduation rates;
(3) return on resources to determine the extent to which
student outcomes improve commensurate with increases in district spending;
(4) school district finances, taxes, and debt to establish the
context for analyzing the district's return on resources under clause (3);
(5) students' learning environment to establish the context for
analyzing the district's return on resources under clause (3); and
(6) school district demographics to establish the socioeconomic
context for analyzing the district's return on resources under clause (3).
(b) In order to compare the regional and socioeconomic peers of
particular school districts, monitor educational changes over time and identify
important educational trends, the contractor shall use the six core categories
of analysis to:
(1) identify allocations of baseline and incremental school
district spending;
(2) connect student achievement with expenditure patterns;
(3) track school district financial health;
(4) observe school district debt and capital spending levels;
and
(5) measure the return on a school district's educational
resources.
(c) The contractor under paragraph (a) shall evaluate and
report on the academic and financial performance of all school districts.
(d) Consistent with paragraph (a), clause (2), the
evaluation and reporting of test scores must distinguish between:
(1) performance-based assessments; and
(2) academic, objective knowledge-based tests.
(e) The contractor must shall complete its
written report and submit it to the commissioner within 360 days of the date on
which the contract is signed. The
commissioner immediately must make the report available in a readily accessible
format to state and local elected officials, members of the public, educators,
parents, and other interested individuals.
The commissioner, upon receiving an individual's request, also must
shall make available all draft reports prepared by the contractor,
consistent with Minnesota Statutes, chapter 13.
Sec. 43. [CHARTER
SCHOOL ADVISORY BOARD MEMBER TERMS.]
In order to establish staggered terms for charter school
advisory board members under Minnesota Statutes, section 124D.10,
subdivision 2a, the commissioner of education shall, by lot, determine
the length of term for each member serving on the board on the effective
date of this section. One-third of the
members shall serve a one-year term, one-third shall serve a two-year
term, and one-third shall serve a three-year term. Thereafter, the term
for each member must be three years.
Sec. 44. [PILOT
PROJECT; CARE AND TREATMENT CHARTER SCHOOL.]
Subdivision 1.
[PILOT PROJECT AUTHORIZED.] A pilot project is created to
evaluate the educational effectiveness of combining a care and treatment
program with a charter school.
Subd. 2.
[APPLICATION.] Northwood Children's Services may apply to the
commissioner of education to form a care and treatment pilot charter
school under the provisions of this section and Minnesota Statutes,
section 124D.10. Before forming the
care and treatment pilot charter school, Northwood Children's Services
must file an affidavit with the commissioner stating its intent to form
the pilot charter school. The affidavit
must state the terms and conditions under which the care and treatment
pilot charter school would operate. The
commissioner must approve or disapprove Northwood Children's Services'
proposed authorization within 60 days of receipt of the affidavit. Northwood Children's Services must include
in its application the items required in a charter school's contract
under Minnesota Statutes, section 124D.10, subdivision 6, and any other
information the commissioner may request to approve or disapprove the
application.
Subd. 3. [ENROLLMENT.]
Notwithstanding Minnesota Statutes, section 124D.10, subdivision 9, a
care and treatment center pilot charter school shall give preference for
enrollment to participants in the center's care and treatment programs.
Subd. 4.
[PLACEMENT OF STUDENTS; RESPONSIBILITIES FOR PROVIDING EDUCATION.] Notwithstanding
Minnesota Statutes, section 125A.515, subdivision 3, a care and
treatment center operating a charter school may notify the department of
education of its intent to provide education services, including special
education if eligible, to all students placed in the facility for care
and treatment.
Subd. 5.
[REVENUE.] A care and treatment center pilot charter school is
eligible for revenue as if it were a charter school under Minnesota
Statutes, section 124D.11, except that it does not qualify for charter
school lease aid under Minnesota Statutes, section 124D.11, subdivision
4.
Subd. 6.
[FINANCIAL INFORMATION.] A charter school operating under this
section must keep financial records sufficient to allow audits under
Minnesota Statutes, section 124D.10, subdivisions 6a and 8.
Subd. 7.
[REPORT.] Northwood Children's Services must annually report
to the education committees of the legislature on the charter school's
success in integrating educational services into the students' care and
treatment programs.
Subd. 8.
[EXPIRATION.] The authority granted Northwood Children's
Services under this section applies only to the school's first six years
of operation. This section expires after
the school's sixth year of operation.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 45. [PROGRAM
EFFICACY.]
The commissioner of education must study the efficacy of
American Indian Success for the Future program under Minnesota Statutes,
section 124D.81, to determine the extent to which the program meets the
educational needs of students participating in the program and achieves
the goals and objectives of the program and its students and of the
Minnesota American Indian Education Act. The commissioner by February 15, 2004, must present a written
report of the efficacy of the program to the committees of the
legislature having jurisdiction over kindergarten through grade 12
education policy and finance.
Sec. 46. [CHARTER
SCHOOL START-UP AID.]
A charter school in its first year of operation during fiscal
year 2004 or 2005 is not eligible for charter school start-up aid under
Minnesota Statutes, section 124D.11, subdivision 8.
Sec. 47. [ALTERNATIVE
ATTENDANCE ADJUSTMENTS FOR FISCAL YEAR 2003.]
Notwithstanding Minnesota Statutes, section 124D.86, subdivision
6, for fiscal year 2003 only, integration aid under Minnesota Statutes
124D.86, subdivision 5, must be adjusted for each pupil residing in
special school district No. 1, Minneapolis; independent school district
No. 625, St. Paul; or independent school district No. 709, Duluth, and
attending a nonresident district under Minnesota Statutes, sections
123A.05 to 123A.08, 124D.03, 124D.06, and 124D.08, other than Minneapolis,
St. Paul or Duluth that has implemented a plan under Minnesota Rules,
parts 3535.0100 to 3535.0180, if the enrollment of the pupil in the
nonresident district contributes to desegregation or integration
purposes. The adjustments must be
made according to this subdivision.
(b) Aid paid to a district serving nonresident pupils must
be increased by an amount equal to the revenue per pupil of the resident
district under Minnesota Statutes, section 124D.86, subdivision 3, minus
the revenue attributable to the pupil in the nonresident district for
the time the pupil is enrolled in the nonresident district.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to
fiscal year 2003.
Sec. 48. [APPROPRIATIONS.]
Subdivision 1.
[DEPARTMENT OF EDUCATION.] The sums indicated in this section
are appropriated from the general fund to the department of education
for the fiscal years designated.
Subd. 2.
[CHARTER SCHOOL BUILDING LEASE AID.] For building lease aid
under Minnesota Statutes, section 124D.11, subdivision 4:
$16,592,000
. . . . .
2004
$20,915,000
. . . . .
2005
The 2004 appropriation includes $2,524,000 for 2003 and $14,068,000
for 2004.
The 2005 appropriation includes $4,202,000 for 2004 and $16,713,000
for 2005.
Subd. 3.
[CHARTER SCHOOL STARTUP AID.] For charter school startup cost
aid under Minnesota Statutes, section 124D.11:
$802,000
. . . . .
2004
$173,000
. . . . .
2005
The 2004 appropriation includes $220,000 for 2003 and $582,000
for 2004.
The 2005 appropriation includes $173,000 for 2004 and $0
for 2005.
Subd. 4.
[CHARTER SCHOOL INTEGRATION GRANTS.] For grants to charter
schools to promote integration and desegregation under Minnesota
Statutes, section 124D.11, subdivision 6, paragraph (e):
$8,000
. . . . .
2004
This appropriation includes $8,000 for 2003 and $0 for 2004.
Subd. 5.
[INTEGRATION AID.] For integration aid under Minnesota
Statutes, section 124D.86, subdivision 5:
$55,169,000
. . . . .
2004
$53,396,000
. . . . .
2005
The 2004 appropriation includes $8,428,000 for 2003 and $46,741,000
for 2004.
The 2005 appropriation includes $13,961,000 for 2004 and
$39,435,000 for 2005.
Subd. 6. [MAGNET
SCHOOL GRANTS.] For magnet school and program grants:
$750,000
. . . . .
2004
$750,000
. . . . .
2005
These amounts may be used for magnet school programs under
Minnesota Statutes, section 124D.88.
Subd. 7. [MAGNET
SCHOOL STARTUP AID.] For magnet school startup aid under Minnesota
Statutes, section 124D.88:
$37,000
. . . . .
2004
$437,000
. . . . .
2005
The 2004 appropriation includes $37,000 for 2003 and $0 for
2004.
The 2005 appropriation includes $0 for 2004 and $437,000
for 2005.
Subd. 8.
[INTERDISTRICT DESEGREGATION OR INTEGRATION TRANSPORTATION GRANTS.] For
interdistrict desegregation or integration transportation grants under
Minnesota Statutes, section 124D.87:
$5,796,000
. . . . .
2004
$8,401,000
. . . . .
2005
Subd. 9.
[SUCCESS FOR THE FUTURE.] For American Indian success for the
future grants under Minnesota Statutes, section 124D.81:
$2,009,000
. . . . .
2004
$2,137,000
. . . . . 2005
The 2004 appropriation includes $363,000 for 2003 and $1,646,000
for 2004.
The 2005 appropriation includes $491,000 for 2004 and $1,646,000
for 2005.
Subd. 10.
[AMERICAN INDIAN SCHOLARSHIPS.] For American Indian
scholarships under Minnesota Statutes, section 124D.84:
$1,875,000
. . . . .
2004
$1,875,000
. . . . .
2005
Subd. 11.
[AMERICAN INDIAN TEACHER PREPARATION GRANTS.] For joint grants to
assist American Indian people to become teachers under Minnesota
Statutes, section 122A.63:
$190,000
. . . . .
2004
$190,000
. . . . .
2005
Subd. 12.
[TRIBAL CONTRACT SCHOOLS.] For tribal contract school aid
under Minnesota Statutes, section 124D.83:
$2,066,000
. . . . .
2004
$2,335,000
. . . . .
2005
The 2004 appropriation includes $285,000 for 2003 and $1,781,000
for 2004.
The 2005 appropriation includes $531,000 for 2004 and $1,804,000
for 2005.
Subd. 13. [EARLY
CHILDHOOD PROGRAMS AT TRIBAL SCHOOLS.] For early childhood family education
programs at tribal contract schools under Minnesota Statutes, section
124D.83, subdivision 4:
$68,000
. . . . . 2004
$68,000
. . . . . 2005
Subd. 14.
[STATEWIDE TESTING SUPPORT.] For supporting implementation of
the graduation standards:
$6,500,000
. . . . .
2004
$6,500,000
. . . . .
2005
Subd. 15.
[SEVENTH GRADE TESTING.] For seventh grade testing under
Minnesota Statutes, section 120B.30:
$2,500,000
. . . . .
2004
$2,500,000
. . . . .
2005
Subd. 16. [BEST
PRACTICES SEMINARS.] For best practices seminars and other
professional development capacity building activities that assure
proficiency in teaching and implementation of graduation rule standards:
$2,180,000
. . . . .
2004
$2,180,000
. . . . .
2005
$250,000 per year is for a grant to A Chance to Grow/New
Visions for the Minnesota learning resource center's comprehensive
training program for education professionals charged with helping
children acquire basic reading and math skills.
Subd. 17.
[SCHOOL PERFORMANCE EVALUATION.] For evaluating school
performance under Laws 2001, First Special Session chapter 6, article 2,
section 64:
$2,000,000
. . . . .
2004
This appropriation is available until June 30, 2005. This is a onetime appropriation.
Subd. 18. [ALTERNATIVE TEACHER COMPENSATION.] For
alternative teacher compensation established under Minnesota Statutes,
sections 122A.413 to 122A.415:
$3,700,000
. . . . .
2004
$3,700,000
. . . . .
2005
If the appropriations under this subdivision are insufficient
to fund all program participants, a participant may receive less than
the maximum per pupil amount available under Minnesota Statutes, section
122A.415, subdivision 1.
Subd. 19.
[EXAMINATION FEES; TEACHER TRAINING AND SUPPORT PROGRAMS.] (a) For
students' advanced placement and international baccalaureate examination
fees under Minnesota Statutes, section 120B.13, subdivision 3, and the
training and related costs for teachers and other interested educators
under Minnesota Statutes, section 120B.13, subdivision 1:
$1,000,000
. . . . .
2004
$1,000,000
. . . . .
2005
(b) The advanced placement program shall receive 75 percent
of the appropriation each year and the international baccalaureate
program shall receive 25 percent of the appropriation each year. The department, in consultation with representatives
of the advanced placement and international baccalaureate programs
selected by the advanced placement advisory council and IBMN,
respectively, shall determine the amounts of the expenditures each year
for examination fees and training and support programs for each program.
(c) Notwithstanding Minnesota Statutes, section 120B.13,
subdivision 1, $375,000 each year is for teachers to attend subject
matter summer training programs and follow-up support workshops approved
by the advanced placement or international baccalaureate programs. The amount of the subsidy for each teacher
attending an advanced placement or international baccalaureate summer
training program or workshop shall be the same. The commissioner shall determine the payment
process and the amount of the subsidy.
(d) The commissioner shall pay all examination fees for all
students of low-income families under Minnesota Statutes, section
120B.13, subdivision 3, and to the extent of available appropriations
shall also pay examination fees for students sitting for an advanced
placement examination, international baccalaureate examination, or both.
Any balance in the first year does not cancel but is available
in the second year.
Subd. 20. [FIRST
GRADE PREPAREDNESS.] For first grade preparedness grants under
Minnesota Statutes, section 124D.081:
$7,250,000
. . . . . 2004
$7,250,000
. . . . .
2005
Subd. 21. [YOUTH
WORKS PROGRAM.] For funding youth works programs under Minnesota
Statutes, sections 124D.37 to 124D.45:
$900,000
. . . . .
2004
$900,000
. . . . .
2005
(a) $150,000 per year is for
training in evaluating early literacy skills and teaching reading to
preschool children under Minnesota Statutes, section 124D.42,
subdivision 6, paragraph (a), clause (3).
(b) A grantee organization may provide health and child care
coverage to the dependents of each participant enrolled in a full-time
youth works program to the extent such coverage is not otherwise
available.
Subd. 22.
[STUDENT ORGANIZATIONS.] For student organizations:
$625,000
. . . . .
2004
$625,000
. . . . .
2005
Subd. 23.
[DISTANCE EDUCATION.] For distance education under Minnesota
Statutes, section 124D.095:
$2,000,000
. . . . . 2004
$3,000,000
. . . . .
2005
Sec. 49. [REVISOR'S
INSTRUCTION.]
The revisor of statutes shall codify Laws 2001, First Special
Session chapter 6, article 2, section 68, as Minnesota Statutes, section
120B.305.
Sec. 50. [REPEALER.]
(a) Minnesota Statutes 2002, sections 122A.64; 122A.65; 124D.84,
subdivision 2; and 124D.89, are repealed.
(b) Laws 1993, chapter 224, article 8, section 20, subdivision
2, as amended by Laws 1994, chapter 647, article 8, section 29, is
repealed.
(c) Minnesota Statutes 2002, section 121A.49, is repealed
the day following final enactment.
ARTICLE
3
SPECIAL
PROGRAMS
Section 1. Minnesota
Statutes 2002, section 121A.41, subdivision 10, is amended to read:
Subd. 10. [SUSPENSION.]
"Suspension" means an action by the school administration, under
rules promulgated by the school board, prohibiting a pupil from attending
school for a period of no more than ten school days. If a suspension is longer than five days, the suspending
administrator must provide the superintendent with a reason for the longer
suspension. This definition does not
apply to dismissal from school for one school day or less, except as provided
in federal law for a student with a disability. Each suspension action may include a readmission plan. The readmission plan shall include, where
appropriate, a provision for implementing alternative educational services upon
readmission and may not be used to extend the current suspension. Consistent with section 125A.09, subdivision
3, the readmission plan must not obligate a parent to provide a sympathomimetic
medication for the parent's child as a condition of readmission. The school administration may not impose
consecutive suspensions against the same pupil for the same course of conduct,
or incident of misconduct, except where the pupil will create an immediate and
substantial danger to self or to surrounding persons or property, or where the
district is in the process of initiating an expulsion, in which case the school
administration may extend the suspension to a total of 15 days. In the case of a student with a disability,
the student's individual education plan team must meet immediately but
not more than ten school days after the date on which the decision to remove
the student from the student's current education placement is made. The individual education plan team and
other qualified personnel shall at that meeting: conduct a review of the
relationship between the child's disability and the behavior subject to
disciplinary action; and determine the appropriateness of the child's education
plan.
The requirements of the individual education plan team meeting
apply when:
(1) the parent requests a meeting;
(2) the student is removed from the student's current placement
for five or more consecutive days; or
(3) the student's total days of removal from the student's
placement during the school year exceed ten cumulative days in a school
year. The school administration shall
implement alternative educational services when the suspension exceeds five
days. A separate administrative
conference is required for each period of suspension.
Sec. 2. [124D.452]
[DISTRICT REPORT; CAREER AND TECHNICAL EDUCATION.]
Each district and cooperative center must report data to
the department of education for all career and technical education
programs as required by the department.
Sec. 3. Minnesota
Statutes 2002, section 124D.454, subdivision 1, is amended to read:
Subdivision 1.
[PURPOSE.] The purpose of this section is to provide a method to fund transition
career and technical education programs for children with a
disability that are components of the student's transition plan. As used in this section, the term
"children with a disability" shall have the meaning ascribed to it in
section 125A.02.
Sec. 4. Minnesota
Statutes 2002, section 124D.454, subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.]
For the purposes of this section, the definitions in this subdivision apply.
(a) "Base year" for fiscal year 1996 means fiscal
year 1995. Base year for later fiscal years means the second fiscal year
preceding the fiscal year for which aid will be paid.
(b) "Basic revenue" has the meaning given it in
section 126C.10, subdivision 2. For the
purposes of computing basic revenue pursuant to this section, each child with a
disability shall be counted as prescribed in section 126C.05, subdivision 1.
(c) "Average daily membership" has the meaning given
it in section 126C.05.
(d) "Program growth factor" means 1.00 for fiscal
year 1998 and later.
(e) "Aid percentage factor" means 60 percent for
fiscal year 1996, 70 percent for fiscal year 1997, 80 percent for fiscal year
1998, 90 percent for fiscal year 1999, and 100 percent for fiscal year 2000
and later.
(f) "Essential personnel" means a licensed
teacher, licensed support services staff person, paraprofessional providing
direct services to students, or licensed personnel under subdivision 12.
Sec. 5. Minnesota
Statutes 2002, section 124D.454, subdivision 3, is amended to read:
Subd. 3. [BASE
REVENUE.] (a) The transition program-disabled transition-disabled
program base revenue equals the sum of the following amounts computed using
base year data:
(1) 68 percent of the salary of each
essential licensed person or approved paraprofessional who provides
direct instructional services to students employed during that fiscal year for
services rendered in that district's transition program for children with a
disability;
(2) 47 percent of the costs of necessary equipment for
transition programs for children with a disability;
(3) 47 percent of the costs of necessary travel between
instructional sites by transition program teachers of children with a
disability but not including travel to and from local, regional, district,
state, or national vocational career and technical student
organization meetings;
(4) 47 percent of the costs of necessary supplies for
transition programs for children with a disability but not to exceed an average
of $47 in any one school year for each child with a disability receiving these
services;
(5) for transition programs for children with disabilities
provided by a contract approved by the commissioner with public, private, or
voluntary agencies other than a Minnesota school district or cooperative
center, in place of programs provided by the district, 52 percent of the difference
between the amount of the contract and the basic revenue of the district for
that pupil for the fraction of the school day the pupil receives services under
the contract;
(6) for transition programs for children with disabilities
provided by a contract approved by the commissioner with public, private, or
voluntary agencies other than a Minnesota school district or cooperative
center, that are supplementary to a full educational program provided by the
school district, 52 percent of the amount of the contract; and
(7) for a contract approved by the commissioner with another
Minnesota school district or cooperative center for vocational evaluation
services for children with a disability for children that are not yet enrolled
in grade 12, 52 percent of the amount of the contract.
(b) If requested by a school district for transition programs
during the base year for less than the full school year, the commissioner may
adjust the base revenue to reflect the expenditures that would have occurred
during the base year had the program been operated for the full year.
Sec. 6. Minnesota
Statutes 2002, section 124D.454, subdivision 8, is amended to read:
Subd. 8. [USE OF AID.]
The aid provided under this section shall be paid only for services rendered or
for the costs which are incurred according to this section for transition
programs for children with a disability which are approved by the commissioner
of children, families, and learning education and operated in
accordance with rules promulgated by the commissioner. These rules shall be subject to the
restrictions provided in section 124D.453, subdivision 6 12. The procedure for application for approval
of these programs shall be as provided in section 125A.75, subdivisions 4 and
6, and the application review process shall be conducted by the office division
of lifework development federal programs in the department.
Sec. 7. Minnesota
Statutes 2002, section 124D.454, subdivision 10, is amended to read:
Subd. 10. [EXCLUSION.]
A district shall not receive aid pursuant to section 124D.453 or 125A.76
for salaries, supplies, travel or equipment for which the district receives aid
pursuant to this section.
Sec. 8. Minnesota
Statutes 2002, section 124D.454, is amended by adding a subdivision to read:
Subd. 12.
[COMPLIANCE WITH RULES.] Aid must be paid under this section
only for services rendered or for costs incurred in career and technical
education programs approved by the commissioner and operated in
accordance with rules promulgated by the commissioner. This aid shall be paid only for services
rendered and for costs incurred by essential,
licensed personnel who meet the requirements for licensure pursuant to
the rules of the Minnesota board of teaching. Licensed personnel means persons holding a valid career
and technical license issued by the commissioner. If an average of five or fewer secondary
full-time equivalent students are enrolled per teacher in an approved
postsecondary program at intermediate district No. 287, 916, or 917,
licensed personnel means persons holding a valid vocational license
issued by the commissioner or the board of trustees of the Minnesota
state colleges and universities. Notwithstanding section 127A.42, the
commissioner may modify or withdraw the program or aid approval and
withhold aid under this section without proceeding under section 127A.42
at any time. To do so, the commissioner must determine that the program
does not comply with rules of the department of education or that any
facts concerning the program or its budget differ from the facts in
the district's approved application.
Sec. 9. [125A.091]
[ALTERNATIVE DISPUTE RESOLUTION AND DUE PROCESS HEARINGS.]
Subdivision 1.
[DISTRICT OBLIGATION.] A school district must use the
procedures in federal law and state law and rule to reach decisions
about the identification, evaluation, educational placement,
manifestation determination, interim alternative educational placement,
or the provision of a free appropriate public education to a child with
a disability.
Subd. 2. [PRIOR
WRITTEN NOTICE.] A parent must receive prior written notice a
reasonable time before the district proposes or refuses to initiate or
change the identification, evaluation, educational placement, or the
provision of a free appropriate public education to a child with a
disability.
Subd. 3.
[CONTENT OF NOTICE.] The notice under subdivision 2 must:
(1) describe the action the district proposes or refuses;
(2) explain why the district proposes or refuses to take
the action;
(3) describe any other option the district considered and
the reason why it rejected the option;
(4) describe each evaluation procedure, test, record, or
report the district used as a basis for the proposed or refused action;
(5) describe any other factor affecting the proposal or refusal
of the district to take the action;
(6) state that the parent of a child with a disability is
protected by procedural safeguards and, if this notice is not an initial
referral for evaluation, how a parent can get a description of the
procedural safeguards; and
(7) identify where a parent can get help in understanding
this law.
Subd. 4.
[UNDERSTANDABLE NOTICE.] (a) The written notice under
subdivision 2 must be understandable to the general public and available
in the parent's native language or by another communication form, unless
it is clearly not feasible to do so.
(b) If the parent's native language or other communication
form is not written, the district must take steps to ensure that:
(1) the notice is translated orally or by other means to
the parent in the parent's native language or other communication
form;
(2) the parent understands the notice; and
(3) written evidence indicates the requirements in subdivision
2 are met.
Subd. 5.
[INITIAL ACTION; PARENT CONSENT.] The district must not
proceed with the initial evaluation of a child, the initial placement of
a child in a special education program, or the initial provision of
special education services for a child without the prior written consent
of the child's parent. A district
may not override the written refusal of a parent to consent to an
initial evaluation or reevaluation.
Subd. 6.
[DISPUTE RESOLUTION PROCESSES; GENERALLY.] Parties are encouraged to
resolve disputes over the identification, evaluation, educational
placement, manifestation determination, interim alternative educational
placement, or the provision of a free appropriate public education to a
child with a disability through conciliation, mediation, facilitated
team meetings, or other alternative process. All dispute resolution options are voluntary on the part
of the parent and must not be used to deny or delay the right to a due
process hearing. All dispute
resolution processes under this section are provided at no cost to the
parent.
Subd. 7.
[CONCILIATION CONFERENCE.] A parent must have an opportunity
to meet with appropriate district staff in at least one conciliation
conference if the parent objects to any proposal of which the parent
receives notice under subdivision 2. If the parent refuses district
efforts to conciliate the dispute, the conciliation requirement is
satisfied. Following a conciliation
conference, the district must prepare and provide to the parent a
conciliation conference memorandum that describes the district's final
proposed offer of service by the district. This memorandum is admissible in evidence in any subsequent
proceeding.
Subd. 8.
[VOLUNTARY DISPUTE RESOLUTION OPTIONS.] In addition to
offering at least one conciliation conference, a district must inform a
parent of other dispute resolution processes, including at least
mediation and facilitated team meetings. The fact that an alternative dispute resolution process
was used is admissible in evidence at any subsequent proceeding. State-provided mediators and team meeting
facilitators shall not be subpoenaed to testify at a due process hearing
or civil action under federal special education law nor are any records
of mediators or state-provided team meeting facilitators accessible to
the parties.
Subd. 9.
[MEDIATION.] Mediation is a dispute resolution process that
involves a neutral party provided by the state to assist a parent and a
district in resolving disputes over the identification, evaluation,
educational placement, manifestation determination, interim alternative
educational placement, or the provision of a free appropriate public
education to a child with a disability.
A mediation process is available as an informal alternative to a
due process hearing but must not be used to deny or postpone the
opportunity of a parent or district to obtain a due process
hearing. Mediation is voluntary for all
parties. All mediation discussions
are confidential and inadmissible in evidence in any subsequent proceeding,
unless the:
(1) parties expressly agree otherwise;
(2) evidence is otherwise available; or
(3) evidence is offered to prove bias or prejudice of a witness.
Subd. 10.
[MEDIATED AGREEMENTS.] Mediated agreements are not admissible
unless the parties agree otherwise or a party to the agreement believes
the agreement is not being implemented, in which case the aggrieved
party may enter the agreement into evidence at a due process
hearing. The parties may request another
mediation to resolve a dispute over implementing the mediated
agreement. After a due process hearing
is requested, a party may request mediation and the commissioner must
provide a mediator who conducts a mediation session no later than the
third business day after the mediation request is made to the commissioner.
Subd. 11.
[FACILITATED TEAM MEETING.] A facilitated team meeting is an
IEP, IFSP, or IIIP team meeting led by an impartial state-provided
facilitator to promote effective communication and assist a team in
developing an individualized education plan.
Subd. 12.
[IMPARTIAL DUE PROCESS HEARING.] (a) A parent or a district is
entitled to an impartial due process hearing conducted by the state when
a dispute arises over the identification, evaluation, educational placement,
manifestation determination, interim alternative educational placement,
or the provision of a free appropriate public education to a child with
a disability. The hearing must be
held in the district responsible for ensuring that a free appropriate
public education is provided according to state and federal law. The proceedings must be recorded and
preserved, at state expense, pending ultimate disposition of the action.
(b) The due process hearing must be conducted according to
the rules of the commissioner and federal law.
(c) A party in a due process hearing may not raise a claim
based upon an alleged violation that occurred more than two years
before the date on which the commissioner received the hearing request.
Subd. 13.
[HEARING OFFICER QUALIFICATIONS.] The commissioner must
appoint an individual who is qualified under this subdivision to serve
as a hearing officer. The hearing officer
must:
(1) be knowledgeable and impartial;
(2) have no personal interest in or specific involvement
with the student who is a party to the hearing;
(3) not have been employed as an administrator by the district
that is a party to the hearing;
(4) not have been involved in selecting the district administrator
who is a party to the hearing;
(5) have no personal, economic, or professional interest in
the outcome of the hearing other than properly administering federal
and state laws, rules, and policies;
(6) have no substantial involvement in developing state or
local policies or procedures challenged in the hearing;
(7) not be a current employee or board member of a Minnesota
public school district, education district, intermediate unit or
regional education agency, or the department if the department is the
service provider; and
(8) not be a current employee or board member of a disability
advocacy organization or group.
Subd. 14.
[REQUEST FOR HEARING.] A request for a due process hearing
must:
(1) be in writing;
(2) describe the nature of the issue about providing special
education services to the student including facts relating to the issue;
and
(3) state, to the extent known, the relief sought.
Any school district administrator receiving a request for a
due process hearing must immediately forward the request to the commissioner. Within two business days of receiving a
request for a due process hearing, the commissioner must appoint a hearing
officer. The commissioner must not deny
a request for hearing because the request is incomplete. A party may disqualify a hearing
officer only by affirmatively showing prejudice or bias to the
commissioner or to the chief administrative law judge if the hearing
officer is an administrative law judge.
If a party affirmatively shows prejudice against a hearing
officer, the commissioner must assign another hearing officer to hear
the matter.
Subd. 15.
[PREHEARING CONFERENCE.] A prehearing conference must be held
within five business days of the date the commissioner appoints the
hearing officer. The hearing officer
must initiate the prehearing conference which may be conducted in
person, at a location within the district, or by telephone. The hearing
officer must create a written verbatim record of the prehearing
conference which is available to either party upon request. At the prehearing conference, the hearing
officer must:
(1) identify the questions that must be answered to resolve
the dispute and eliminate claims and complaints that are without merit;
(2) set a scheduling order for the hearing and additional
prehearing activities;
(3) determine if the hearing can be disposed of without an
evidentiary hearing and, if so, establish the schedule and procedure
for doing so; and
(4) establish the management, control, and location of the
hearing to ensure its fair, efficient, and effective disposition.
Subd. 16.
[BURDEN OF PROOF.] The burden of proof at a due process
hearing is on the district to demonstrate, by a preponderance of the
evidence, that it is complying with the law and offered or provided a
free appropriate public education to the child in the least restrictive
environment. If the district has
not offered or provided a free appropriate public education in the least
restrictive environment and the parent wants the district to pay for a
private placement, the burden of proof is on the parent to demonstrate,
by a preponderance of the evidence, that the private placement is
appropriate.
Subd. 17.
[ADMISSIBLE EVIDENCE.] The hearing officer may admit all
evidence that possesses probative value, including hearsay, if it is the
type of evidence on which reasonable, prudent persons are accustomed to
rely in conducting their serious affairs. The hearing officer must give effect to the rules of
privilege recognized by law and exclude evidence that is incompetent,
irrelevant, immaterial, or unduly repetitious.
Subd. 18.
[HEARING OFFICER AUTHORITY.] (a) A hearing officer must limit
an impartial due process hearing to the time sufficient for each party
to present its case.
(b) A hearing officer must establish and maintain control
and manage the hearing. This
authority includes, but is not limited to:
(1) requiring attorneys representing parties at the hearing,
after notice and an opportunity to be heard, to pay court reporting and
hearing officer costs, or fines payable to the state, for failing
to: (i) obey scheduling or prehearing
orders, (ii) appear, (iii) be prepared, or (iv) participate in the
hearing process in good faith;
(2) administering oaths and affirmations;
(3) issuing subpoenas;
(4) determining the responsible and providing districts and
joining those districts, if not already notified, in the proceedings;
(5) making decisions involving identification, evaluation,
educational placement, manifestation determination, interim alternative
educational placement, or the provision of a free appropriate public
education to a child with a disability; and
(6) ordering an independent educational evaluation of a child
at district expense.
Subd. 19.
[EXPEDITED DUE PROCESS HEARINGS.] A parent has the right to an
expedited due process hearing when there is a dispute over a
manifestation determination or a proposed or actual placement in an
interim alternative educational setting. A district has the right to an
expedited due process hearing when proposing or seeking to maintain
placement in an interim alternative educational setting. A hearing officer must hold an expedited
due process hearing and must issue a decision within ten calendar days
of the request for a hearing. A hearing
officer may extend by up to five additional calendar days the time
for issuing a decision in an expedited due process hearing. All policies in this section apply to
expedited due process hearings to the extent they do not conflict with
federal law.
Subd. 20.
[HEARING OFFICER'S DECISION; TIME PERIOD.] (a) The hearing
officer must issue a decision within 45 calendar days of the date on
which the commissioner receives the hearing request. A hearing officer is encouraged to
accelerate the time line to 30 days for a child under the age of three
whose needs change rapidly and who requires quick resolution of a
dispute. A hearing officer may not extend the time beyond the 45-day
period unless requested by either party for good cause shown on the
record. Extensions of time must not
exceed a total of 30 calendar days unless both parties and the hearing
officer agree or time is needed to complete an independent educational
evaluation. Good cause includes, but
is not limited to, the time required for mediation or other settlement
discussions, independent educational evaluation, complexity and volume
of issues, or finding or changing counsel.
(b) The hearing officer's decision must:
(1) be in writing;
(2) state the controlling and material facts upon which the
decision is made in order to apprise the reader of the basis and reason
for the decision; and
(3) be based on local standards, state statute, the rules
of the commissioner, and federal law.
Subd. 21.
[COMPENSATORY EDUCATIONAL SERVICES.] The hearing officer may
require the resident or responsible district to provide compensatory
educational services to the child if the hearing officer finds that the
district has not offered or made available to the child a free
appropriate public education in the least restrictive environment and
the child suffered a loss of educational benefit. Such services take the form of direct and
indirect special education and related services designed to address any
loss of educational benefit that may have occurred. The hearing
officer's finding must be based on a present determination of whether
the child has suffered a loss of educational benefit.
Subd. 22.
[CHILD'S EDUCATIONAL PLACEMENT DURING A DUE PROCESS HEARING.] (a)
Until a due process hearing under this section is completed or the
district and the parent agree otherwise, the child must remain in the
child's current educational placement and must not be denied initial
admission to school.
(b) Until an expedited due process hearing challenging an
interim alternative educational placement is completed, the child
must remain in the interim alternative educational setting until the
decision of the hearing officer or the expiration of the 45 days
permitted for an interim alternative educational setting, whichever occurs
first, unless the parent and district agree otherwise.
Subd. 23.
[IMPLEMENTATION OF HEARING OFFICER ORDER.] (a) That portion of
a hearing officer's decision granting relief requested by the parent
must be implemented upon issuance.
(b) Except as provided under paragraph (a) or the district
and parent agree otherwise, following a hearing officer's decision
granting relief requested by the district, the child must remain in the
current educational placement until the time to request judicial review under
subdivision 24 expires or, if judicial review is requested, at the time
the Minnesota court of appeals or the federal district court issues its
decision, whichever is later.
Subd. 24. [REVIEW OF HEARING OFFICER DECISIONS.] The
parent or district may seek review of the hearing officer's decision
in the Minnesota court of appeals or in the federal district court,
consistent with federal law. A party
must appeal to the Minnesota court of appeals within 60 days of receiving
the hearing officer's decision.
Subd. 25.
[ENFORCEMENT OF ORDERS.] The commissioner must monitor final
hearing officer decisions and ensure enforcement of hearing officer
orders.
Subd. 26.
[HEARING OFFICER AND PERSON CONDUCTING ALTERNATIVE DISPUTE RESOLUTION
ARE STATE EMPLOYEES.] A hearing officer or person conducting
alternative dispute resolution under this section is an employee of the
state under section 3.732 for purposes of section 3.736 only.
Subd. 27.
[HEARING OFFICER TRAINING.] A hearing officer must participate
in training and follow procedures established by the commissioner.
Subd. 28.
[DISTRICT LIABILITY.] A district is not liable for harmless
technical violations of this section or rules implementing this section
if the school district can demonstrate on a case-by-case basis that the
violations did not harm a student's educational progress or the parent's
right to notice, participation, or due process.
Sec. 10. Minnesota
Statutes 2002, section 125A.21, subdivision 2, is amended to read:
Subd. 2. [THIRD PARTY
REIMBURSEMENT.] (a) Beginning July 1, 2000, districts shall seek reimbursement
from insurers and similar third parties for the cost of services provided by
the district whenever the services provided by the district are otherwise
covered by the child's health coverage.
Districts shall request, but may not require, the child's family to
provide information about the child's health coverage when a child with a
disability begins to receive services from the district of a type that may be
reimbursable, and shall request, but may not require, updated information after
that as needed.
(b) For children enrolled in medical assistance under chapter
256B or MinnesotaCare under chapter 256L who have no other health coverage, a
district shall provide an initial written notice to the enrolled child's parent
or legal representative of its intent to seek reimbursement from medical
assistance or MinnesotaCare for the individual education plan health-related
services provided by the district.
(c) The district shall give the parent or legal representative
annual written notice of:
(1) the district's intent to seek reimbursement from medical
assistance or MinnesotaCare for individual education plan health-related
services provided by the district;
(2) the right of the parent or legal representative to request
a copy of all records concerning individual education plan health-related
services disclosed by the district to any third party; and
(3) the right of the parent or legal representative to withdraw
consent for disclosure of a child's records at any time without consequence.
The written notice shall be
provided as part of the written notice required by Code of Federal Regulations,
title 34, section 300.503 300.504.
(d) In order to access the private health care coverage of a
child who is covered by private health care coverage in whole or in part, a
district must:
(1) obtain annual written informed
consent from the parent or legal representative, in compliance with subdivision
5; and
(2) inform the parent or legal representative that a refusal to
permit the district or state Medicaid agency to access their private health
care coverage does not relieve the district of its responsibility to provide
all services necessary to provide free and appropriate public education at no
cost to the parent or legal representative.
(e) If the commissioner of human services obtains federal
approval to exempt covered individual education plan health-related services
from the requirement that private health care coverage refuse payment before
medical assistance may be billed, paragraphs (b), (c), and (d) shall also apply
to students with a combination of private health care coverage and health care
coverage through medical assistance or MinnesotaCare.
(f) In the event that Congress or any federal agency or the
Minnesota legislature or any state agency establishes lifetime limits, limits
for any health care services, cost-sharing provisions, or otherwise provides
that individual education plan health-related services impact benefits for
persons enrolled in medical assistance or MinnesotaCare, the amendments to this
subdivision adopted in 2002 are repealed on the effective date of any federal
or state law or regulation that imposes the limits. In that event, districts must obtain informed consent consistent
with this subdivision as it existed prior to the 2002 amendments and
subdivision 5, before seeking reimbursement for children enrolled in medical
assistance under chapter 256B or MinnesotaCare under chapter 256L who have no
other health care coverage.
Sec. 11. Minnesota
Statutes 2002, section 125A.28, is amended to read:
125A.28 [STATE INTERAGENCY COORDINATING COUNCIL.]
An interagency coordinating council of at least 17, but not
more than 25 members is established, in compliance with Public Law Number
102-119, section 682. The members must
be appointed by the governor. Council
members must elect the council chair. The representative of the commissioner
may not serve as the chair. The council
must be composed of at least five parents, including persons of color, of
children with disabilities under age 12, including at least three parents of a
child with a disability under age seven, five representatives of public or
private providers of services for children with disabilities under age five,
including a special education director, county social service director, local
Head Start director, and a community health services or public health nursing
administrator, one member of the senate, one member of the house of
representatives, one representative of teacher preparation programs in early
childhood-special education or other preparation programs in early childhood
intervention, at least one representative of advocacy organizations for
children with disabilities under age five, one physician who cares for young
children with special health care needs, one representative each from the
commissioners of commerce, children, families, and learning education,
health, human services, a representative from the state agency responsible for
child care, and a representative from Indian health services or a tribal
council. Section 15.059, subdivisions 2 to 5, apply to the council. The council must meet at least quarterly.
The council must address methods of implementing the state
policy of developing and implementing comprehensive, coordinated,
multidisciplinary interagency programs of early intervention services for
children with disabilities and their families.
The duties of the council include recommending policies to
ensure a comprehensive and coordinated system of all state and local agency
services for children under age five with disabilities and their families. The policies must address how to incorporate
each agency's services into a unified state and local system of
multidisciplinary assessment practices, individual intervention plans,
comprehensive systems to find children in need of services, methods to improve
public awareness, and assistance in determining the role of interagency early
intervention committees.
By September 1, the council must
recommend to the governor and the commissioners of children, families, and
learning education, health, human services, commerce, and economic
security policies for a comprehensive and coordinated system.
Notwithstanding any other law to the contrary, the state
interagency coordinating council expires on June 30, 2003 2005.
Sec. 12. Minnesota
Statutes 2002, section 125A.30, is amended to read:
125A.30 [INTERAGENCY EARLY INTERVENTION COMMITTEES.]
(a) A school district, group of districts, or special education
cooperative, in cooperation with the health and human service agencies located
in the county or counties in which the district or cooperative is located, must
establish an interagency early intervention committee for children with
disabilities under age five and their families under this section, and for
children with disabilities ages three to 22 consistent with the requirements
under sections 125A.023 and 125A.027.
Committees must include representatives of local and regional
health, education, and county human service agencies, county boards, school
boards, early childhood family education programs, Head Start, parents
of young children with disabilities under age 12, child care resource and
referral agencies, school readiness programs, current service
providers, and may also include representatives from other private or public
agencies and school nurses. The
committee must elect a chair from among its members and must meet at least
quarterly.
(b) The committee must develop and implement interagency
policies and procedures concerning the following ongoing duties:
(1) develop public awareness systems designed to inform
potential recipient families of available programs and services;
(2) implement interagency child find systems designed to
actively seek out, identify, and refer infants and young children with, or at
risk of, disabilities and their families;
(3) establish and evaluate the identification, referral, child
and family assessment systems, procedural safeguard process, and community
learning systems to recommend, where necessary, alterations and improvements;
(4) assure the development of individualized family service
plans for all eligible infants and toddlers with disabilities from birth
through age two, and their families, and individual education plans and
individual service plans when necessary to appropriately serve children with
disabilities, age three and older, and their families and recommend assignment
of financial responsibilities to the appropriate agencies;
(5) encourage agencies to develop individual family service
plans for children with disabilities, age three and older;
(6) implement a process for assuring that services involve
cooperating agencies at all steps leading to individualized programs;
(7) facilitate the development of a transitional plan if a
service provider is not recommended to continue to provide services;
(8) identify the current services and funding being provided
within the community for children with disabilities under age five and their
families;
(9) develop a plan for the allocation
and expenditure of additional state and federal early intervention funds under
United States Code, title 20, section 1471 et seq. (Part H, Public Law Number 102-119) and United States
Code, title 20, section 631, et seq. (Chapter I, Public Law Number
89-313); and
(10) develop a policy that is consistent with section 13.05,
subdivision 9, and federal law to enable a member of an interagency early intervention
committee to allow another member access to data classified as not public.
(c) The local committee shall also:
(1) participate in needs assessments and program planning
activities conducted by local social service, health and education agencies for
young children with disabilities and their families; and
(2) review and comment on the early intervention section of the
total special education system for the district, the county social service
plan, the section or sections of the community health services plan that
address needs of and service activities targeted to children with special
health care needs, the section on children with special needs in the county
child care fund plan, sections in Head Start plans on coordinated
planning and services for children with special needs, any relevant
portions of early childhood education plans, such as early childhood
family education or school readiness, or other applicable coordinated
school and community plans for early childhood programs and services,
and the section of the maternal and child health special project grants that
address needs of and service activities targeted to children with chronic
illness and disabilities.
Sec. 13. Minnesota
Statutes 2002, section 125A.76, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITIONS.] For the purposes of this section, the definitions in this
subdivision apply.
(a) "Base year" for fiscal year 1998 and later fiscal
years means the second fiscal year preceding the fiscal year for which aid will
be paid.
(b) "Basic revenue" has the meaning given it in
section 126C.10, subdivision 2. For the
purposes of computing basic revenue pursuant to this section, each child with a
disability shall be counted as prescribed in section 126C.05, subdivision 1.
(c) "Essential personnel" means teachers, cultural
liaisons, related services, and support services staff providing direct
services to students. Essential
personnel may also include special education paraprofessionals or clericals
providing support to teachers and students by preparing paperwork and making
arrangements related to special education compliance requirements, including
parent meetings and individual education plans.
(d) "Average daily membership" has the meaning given
it in section 126C.05.
(e) "Program growth factor" means 1.08 for fiscal
year 2002, and 1.046 for fiscal year 2003, and 1.0 for fiscal year 2004
and later.
Sec. 14. Minnesota
Statutes 2002, section 125A.76, subdivision 4, is amended to read:
Subd. 4. [STATE TOTAL
SPECIAL EDUCATION AID.] The state total special education aid for fiscal year 2000
2004 equals $463,000,000 $530,642,000. The state total special education aid for
fiscal year 2001 2005 equals $474,000,000 $529,164,000.
The state total special education aid for later fiscal years equals:
(1) the state total special education aid for the preceding
fiscal year; times
(2) the program growth factor; times
(3) the ratio of the state total average daily membership
for the current fiscal year to the state total average daily membership for the
preceding fiscal year.
Sec. 15. Minnesota
Statutes 2002, section 125A.79, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITIONS.] For the purposes of this section, the definitions in this
subdivision apply.
(a) "Unreimbursed special education cost" means the
sum of the following:
(1) expenditures for teachers' salaries, contracted services,
supplies, equipment, and transportation services eligible for revenue under
section 125A.76; plus
(2) expenditures for tuition bills received under sections
125A.03 to 125A.24 and 125A.65 for services eligible for revenue under section
125A.76, subdivision 2; minus
(3) revenue for teachers' salaries, contracted services,
supplies, and equipment under section 125A.76; minus
(4) tuition receipts under sections 125A.03 to 125A.24 and
125A.65 for services eligible for revenue under section 125A.76, subdivision 2.
(b) "General revenue" means for fiscal year 1996, the
sum of the general education revenue according to section 126C.10, subdivision
1, as adjusted according to section 127A.47, subdivision 7, plus the total
referendum revenue according to section 126C.17, subdivision 4. For fiscal years 1997 and later,
"general revenue" means the sum of the general education revenue
according to section 126C.10, subdivision 1, as adjusted according to section
127A.47, subdivisions 7 and 8, plus the total referendum revenue minus
transportation sparsity revenue minus total operating capital revenue.
(c) "Average daily membership" has the meaning given
it in section 126C.05.
(d) "Program growth factor" means 1.044 for fiscal
year 2002 and 1.02 for fiscal year 2003, and 1.0 for fiscal year 2004
and later.
Sec. 16. Minnesota
Statutes 2002, section 125A.79, subdivision 6, is amended to read:
Subd. 6. [STATE TOTAL
SPECIAL EDUCATION EXCESS COST AID.] The state total special education excess
cost aid for fiscal year 2004 equals $92,067,000. The state total special education aid
for fiscal year 2005 equals $91,811,000.
The state total special education excess cost aid for fiscal year 2002
2006 and later fiscal years equals:
(1) the state total special education excess cost aid for the
preceding fiscal year; times
(2) the program growth factor; times
(3) the ratio of the state total average daily membership for
the current fiscal year to the state total average daily membership for the
preceding fiscal year.
Sec. 17. [SPECIAL
EDUCATION CROSS-SUBSIDY REDUCTION AID.]
(a) For fiscal year 2004, a district shall receive special
education cross-subsidy reduction aid equal to $5,000,000 times the
ratio of the district's special education excess cost aid for the
previous fiscal year according to Minnesota Statutes, section 125A.79,
subdivision 7, to the state total special education excess cost aid for
the previous fiscal year according to Minnesota Statutes, section
125A.79, subdivision 6.
(b) For fiscal year 2005, a district shall receive
special education cross-subsidy reduction aid equal to $15,000,000 times
the ratio of the district's special education excess cost aid for the
previous fiscal year according to Minnesota Statutes, section 125A.79,
subdivision 7, to the state total special education excess cost aid for
the previous fiscal year according to Minnesota Statutes, section
125A.79, subdivision 6.
(c) Special education cross-subsidy reduction aid must be
used to pay for a district's unfunded special education costs that
would otherwise be cross-subsidized by a district's general education
revenue.
Sec. 18. [IMPACT OF
WAIVING SPECIFIC SPECIAL EDUCATION REQUIREMENTS THAT EXCEED FEDERAL LAW;
THREE-YEAR PILOT PROJECT.]
Subdivision 1.
[ESTABLISHMENT; GOAL.] A three-year pilot project is
established to permit independent school district No. 535, Rochester,
and up to three other geographically diverse school districts or
cooperative units under Minnesota Statutes, section 125A.11, subdivision
3, selected by the commissioner of education to determine the impact, if
any, of waiving specific special education requirements listed in
subdivision 3 on the quality and cost-effectiveness of the instructional
services and educational outcomes provided to eligible students by the
project participant.
Subd. 2.
[ELIGIBILITY; APPLICATIONS.] The commissioner must transmit
information about the pilot project and make application forms available
to interested school districts or cooperative units. Applications must be submitted to the commissioner
by July 1, 2003. An applicant must
identify the specific special education requirements listed in
subdivision 3 for which the applicant seeks a waiver and indicate how
the applicant proposes to modify the activities and procedures affected
by the waiver. The commissioner must
approve the applications by August 1, 2003.
Subd. 3.
[WAIVERS.] The following state special education requirements
are waived for the 2003-2004, 2004-2005, and 2005-2006 school years for
independent school district No. 535, Rochester, and the other school
districts or cooperative units participating in this pilot project:
(1) Minnesota Statutes, section 125A.56, governing prereferral
interventions;
(2) Minnesota Statutes, section 125A.08, paragraph (a), clause
(1), governing transitional services for students when reaching age 14
or grade 9, who transition from secondary services to postsecondary
education and training, employment, community participation, recreation
and leisure, and home living;
(3) Minnesota Statutes, section 125A.22, governing community
transition interagency committees; and
(4) Minnesota Statutes, section 125A.023, governing coordinated
interagency services but only affecting eligible children with
disabilities age seven or older.
Subd. 4.
[STUDENTS' RIGHTS.] Eligible students enrolled in a district
or receiving special instruction and services through a cooperative unit
that is participating in this pilot project remain entitled to the
procedural protections provided under federal law in any matter that
affects the students' identification, evaluation, and placement or
change in placement, or protections provided under state law in
dismissal proceedings that may result in students' suspension,
exclusion, or expulsion. Project
participants must ensure that students' civil rights are protected,
provide equal educational opportunities, and prohibit
discrimination. Failure to comply with
this subdivision will at least cause a district or cooperative unit to
become ineligible to participate in the pilot project.
Subd. 5.
[TECHNICAL ASSISTANCE.] The commissioner must provide project
participants, upon request, assistance in developing and implementing a
valid and uniform procedure under subdivision 6 to evaluate the
participants' experience.
Subd. 6.
[EVALUATION; REPORT.] All participating school districts and
cooperative units must evaluate the impact, if any, of waiving specific
special education requirements listed in subdivision 3 on the quality
and cost-effectiveness of the instructional services and educational
outcomes provided to eligible students by the project participant. Project participants must focus the
evaluation on the overall efficacy of modifying the activities and
procedures affected by the waiver.
The evaluation must include a mechanism for documenting parents'
response to the pilot project. Project
participants must submit to the commissioner a progress report by
September 1, 2004, and a final report by November 1, 2005. The commissioner must compile and
present the results of the reports to the legislature by February 1,
2006, and recommend appropriate amendments to the statutory requirements
listed in subdivision 3.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 19. [DEPARTMENT
RESPONSIBILITY.]
By January 1, 2004, the commissioner of education must adopt
rules that:
(1) establish criteria for selecting hearing officers, the
standards of conduct to which a hearing officer must adhere, and a
process to evaluate the hearing system;
(2) ensure that appropriately trained and knowledgeable persons
conduct due process hearings in compliance with federal law; and
(3) create standards for expedited due process hearings under
federal law.
By March 1, 2004, the commissioner of education must develop
and make available a notice for participants in state-provided dispute
resolution processes that informs participants of their rights
concerning dispute resolution.
Sec. 20.
[APPROPRIATIONS.]
Subdivision 1.
[DEPARTMENT OF EDUCATION.] The sums indicated in this section
are appropriated from the general fund to the department of education
for the fiscal years designated.
Subd. 2.
[SPECIAL EDUCATION; REGULAR.] For special education aid under
Minnesota Statutes, section 125A.75:
$499,172,000
. . . . .
2004
$529,504,000
. . . . .
2005
The 2004 appropriation includes $90,577,000 for 2003 and
$408,595,000 for 2004.
The 2005 appropriation includes $122,047,000 for 2004 and
$407,457,000 for 2005.
Subd. 3.
[SPECIAL EDUCATION CROSS-SUBSIDY REDUCTION AID.] For special
education cross-subsidy reduction aid under section 17:
$5,000,000
. . . . .
2004
$15,000,000
. . . . .
2005
This is a onetime appropriation.
Subd. 4.
[AID FOR CHILDREN WITH DISABILITIES.] For aid under Minnesota
Statutes, section 125A.75, subdivision 3, for children with disabilities
placed in residential facilities within the district boundaries for whom
no district of residence can be determined:
$2,177,000
. . . . .
2004
$2,244,000
. . . . .
2005
If the appropriation for either year is insufficient, the
appropriation for the other year is available.
Subd. 5. [TRAVEL
FOR HOME-BASED SERVICES.] For aid for teacher travel for home-based
services under Minnesota Statutes, section 125A.75, subdivision 1:
$213,000
. . . . .
2004
$260,000
. . . . .
2005
The 2004 appropriation includes $34,000 for 2003 and $179,000
for 2004.
The 2005 appropriation includes $53,000 for 2004 and $207,000
for 2005.
Subd. 6. [SPECIAL
EDUCATION; EXCESS COSTS.] For excess cost aid under Minnesota
Statutes, section 125A.79, subdivision 7:
$90,699,000
. . . . .
2004
$92,950,000
. . . . .
2005
The 2004 appropriation includes $41,754,000 for 2003 and
$48,945,000 for 2004.
The 2005 appropriation includes $43,122,000 for 2004 and
$49,828,000 for 2005.
Subd. 7.
[LITIGATION COSTS FOR SPECIAL EDUCATION.] For paying the costs
a district incurs under Minnesota Statutes, section 125A.75, subdivision
8:
$346,000 . . . . . 2004
$356,000
. . . . .
2005
Subd. 8.
[TRANSITION FOR DISABLED STUDENTS.] For aid for transition
programs for children with disabilities under Minnesota Statutes,
section 124D.454:
$8,359,000
. . . . .
2004
$8,867,000
. . . . .
2005
The 2004 appropriation includes $1,516,000 for 2003 and $6,843,000
for 2004.
The 2005 appropriation includes $2,043,000 for 2004 and $6,824,000
for 2005.
Subd. 9.
[COURT-PLACED SPECIAL EDUCATION REVENUE.] For reimbursing serving
school districts for unreimbursed eligible expenditures attributable to
children placed in the serving school district by court action under
Minnesota Statutes, section 125A.79, subdivision 4:
$152,000
. . . . .
2004
$160,000
. . . . .
2005
Subd. 10.
[OUT-OF-STATE TUITION SPECIAL EDUCATION.] For special
education out-of-state tuition according to Minnesota Statutes, section
125A.79, subdivision 8:
$250,000
. . . . .
2004
$250,000 . . . . . 2005
Sec. 21. [REPEALER.]
Minnesota Statutes 2002, sections 125A.023, subdivision 5;
125A.09; 125A.47; and 125A.79, subdivision 2, are repealed.
ARTICLE
4
FACILITIES
AND TECHNOLOGY
Section 1. Minnesota
Statutes 2002, section 123B.51, subdivision 3, is amended to read:
Subd. 3. [LEASE ROOMS
OR BUILDINGS REAL PROPERTY.] When necessary, the board may lease rooms
or buildings real property for school purposes.
Sec. 2. Minnesota
Statutes 2002, section 123B.51, subdivision 4, is amended to read:
Subd. 4. [LEASE FOR
NONSCHOOL PURPOSE.] (a) The board may lease to any person, business, or
organization a schoolhouse real property that is not needed for
school purposes, or part of a schoolhouse the property that is
not needed for school purposes if the board determines that leasing part of a
schoolhouse the property does not interfere with the educational
programs taking place in the rest of the building on the property. The board may charge and collect reasonable
consideration for the lease and may determine the terms and conditions of the
lease.
(b) In districts with outstanding bonds, the net proceeds of
the lease must be first deposited in the debt retirement fund of the district
in an amount sufficient to meet when due that percentage of the principal and
interest payments for outstanding bonds that is ascribable to the payment of
expenses necessary and incidental to the construction or purchase of the
particular building or property that is leased. Any remaining net proceeds in these districts may be deposited in
either the debt redemption fund or operating capital expenditure fund
account. All net proceeds of the
lease in districts without outstanding bonds shall be deposited in the operating
capital expenditure fund account of the district.
(c) The board may make capital improvements, including
fixtures, to a schoolhouse or a portion thereof to the real property,
not exceeding in cost the replacement value of the schoolhouse property,
to facilitate its rental, and the lease of an the improved schoolhouse
property, or part of it, shall provide for rentals which will recover
the cost of the improvements over the initial term of the lease.
Notwithstanding paragraph (b), the portion of the rentals representing the cost
of the improvements shall be deposited in the operating capital expenditure
fund account of the district and the balance of the rentals shall be
used as provided in paragraph (b).
Sec. 3. Minnesota Statutes 2002, section 123B.52, is amended by adding a
subdivision to read:
Subd. 1a.
[CONSTRUCTION CONTRACTS.] In entering into a contract for, or
in calling for bids for, the construction or repair of a facility, a
board may not require that any contractor or subcontractor that is not
signatory to an agreement with a labor organization at the time it makes
a bid or is awarded a contract, do any of the following as a condition
of performing work on the construction or repair project:
(1) enter into or agree to adhere to or otherwise observe
the wage, benefit, or economic terms of, or incur any economic detriment
pursuant to, any agreement with any labor organization in connection
with the public improvement; or
(2) enter into any agreement that requires the employees of
that contractor or subcontractor to do either of the following as a
condition of employment or continued employment:
(i) become members of or become affiliated with a labor organization;
or
(ii) pay dues or fees to a labor organization.
Sec. 4. Minnesota
Statutes 2002, section 123B.53, subdivision 4, is amended to read:
Subd. 4. [DEBT SERVICE
EQUALIZATION REVENUE.] (a) The debt service equalization revenue of a district
equals the sum of the first tier debt service equalization revenue and the
second tier debt service equalization revenue.
(b) The first tier debt service equalization revenue of a
district equals the greater of zero or the eligible debt service revenue minus
the amount raised by a levy of 15 percent times the adjusted net tax capacity
of the district minus the second tier debt service equalization revenue of the
district.
(c) The second tier debt service equalization revenue of a
district equals the greater of zero or the eligible debt service revenue,
excluding alternative facilities levies under section 123B.59,
subdivision 5, minus the amount raised by a levy of 25 percent times the
adjusted net tax capacity of the district.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2005.
Sec. 5. Minnesota
Statutes 2002, section 123B.57, subdivision 1, is amended to read:
Subdivision 1. [HEALTH
AND SAFETY PROGRAM.] (a) To receive health and safety revenue for any
fiscal year a district must submit to the commissioner an application for aid
and levy by the date determined by the commissioner. The application may be for hazardous substance removal, fire and
life safety code repairs, labor and industry regulated facility and equipment
violations, and health, safety, and environmental management, including indoor
air quality management. The application
must include a health and safety program adopted by the school district
board. The program must include the
estimated cost, per building, of the program by fiscal year. Upon approval through the adoption of a
resolution by each of an intermediate district's member school district boards
and the approval of the department of children, families, and learning education,
a school district may include its proportionate share of the costs of health
and safety projects for an intermediate district in its application.
(b) Health and safety projects with an estimated cost of
$500,000 or more per site, approved after February 1, 2003, are not
eligible for health and safety revenue.
Health and safety projects with an estimated cost of $500,000 or
more per site, approved after February 1, 2003, that meet all other requirements
for health and safety funding, are eligible
for alternative facilities bonding and levy revenue according to section
123B.59. A school board shall not
separate portions of a single project into components to qualify for
health and safety revenue, and shall not combine unrelated projects into
a single project to qualify for alternative facilities bonding and levy
revenue.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to
projects approved after February 1, 2003, for taxes payable in 2004 and
later.
Sec. 6. Minnesota
Statutes 2002, section 123B.57, subdivision 4, is amended to read:
Subd. 4. [HEALTH AND
SAFETY LEVY.] To receive health and safety revenue, a district may levy an
amount equal to the district's health and safety revenue as defined in
subdivision 3 multiplied by the lesser of one, or the ratio of the quotient
derived by dividing the adjusted net tax capacity of the district for the year
preceding the year the levy is certified by the adjusted marginal cost pupil
units in the district for the school year to which the levy is attributable, to
$3,956 $2,935.
Sec. 7. Minnesota
Statutes 2002, section 123B.57, subdivision 6, is amended to read:
Subd. 6. [USES OF
HEALTH AND SAFETY REVENUE.] (a) Health and safety revenue may be used
only for approved expenditures necessary to correct fire and life safety
hazards, life safety hazards, or for the removal or encapsulation of
asbestos from school buildings or property owned or being acquired by the
district, asbestos-related repairs, cleanup and disposal of polychlorinated
biphenyls found in school buildings or property owned or being acquired by the
district, or the cleanup, removal, disposal, and repairs related to storing
heating fuel or transportation fuels such as alcohol, gasoline, fuel oil, and
special fuel, as defined in section 296A.01, labor and industry Minnesota
occupational safety and health administration regulated facility and
equipment hazards, indoor air quality mold abatement, upgrades or
replacement of mechanical ventilation systems to meet American Society
of Heating, Refrigerating and Air Conditioning Engineers standards and
state mechanical code, department of health food code and swimming pool
hazards excluding depth correction, and health, safety, and environmental
management. Health and safety revenue
must not be used to finance a lease purchase agreement, installment purchase
agreement, or other deferred payments agreement. Health and safety revenue must not be used for the construction
of new facilities or the purchase of portable classrooms, for interest or other
financing expenses, or for energy efficiency projects under section
123B.65. The revenue may not be used
for a building or property or part of a building or property used for
post-secondary instruction or administration or for a purpose unrelated to
elementary and secondary education.
(b) Notwithstanding paragraph (a), health and safety revenue
must not be used for replacement of building materials or facilities
including roof, walls, windows, internal fixtures and flooring,
nonhealth and safety costs associated with demolition of facilities,
structural repair or replacement of facilities due to unsafe conditions,
violence prevention and facility security, ergonomics, building and
heating, ventilating and air conditioning supplies, maintenance,
cleaning, testing, and calibration activities. All assessments, investigations, inventories, and support
equipment not leading to the engineering or construction of a project
shall be included in the health, safety, and environmental management
costs in subdivision 8, paragraph (a).
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to
projects approved after February 1, 2003, for taxes payable in 2004 and
later.
Sec. 8. Minnesota
Statutes 2002, section 123B.59, subdivision 1, is amended to read:
Subdivision 1. [TO
QUALIFY.] (a) An independent or special school district qualifies to
participate in the alternative facilities bonding and levy program if the
district has:
(1) more than 66 students per grade;
(2) over 1,850,000 square feet of
space and the average age of building space is 15 years or older or over
1,500,000 square feet and the average age of building space is 35 years or
older;
(3) insufficient funds from projected health and safety revenue
and capital facilities revenue to meet the requirements for deferred
maintenance, to make accessibility improvements, or to make fire, safety, or
health repairs; and
(4) a ten-year facility plan approved by the commissioner
according to subdivision 2.
(b) An independent or special school district not eligible
to participate in the alternative facilities bonding and levy program
under paragraph (a) qualifies for limited participation in the program
if the district has:
(1) one or more health and safety projects with an estimated
cost of $500,000 or more per site that would qualify for health and
safety revenue except for the project size limitation in section
123B.57, subdivision 1, paragraph (b); and
(2) insufficient funds from capital facilities revenue to
fund those projects.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2005.
Sec. 9. Minnesota
Statutes 2002, section 123B.59, subdivision 2, is amended to read:
Subd. 2. [TEN-YEAR
FACILITY PLAN.] (a) A district qualifying district under
subdivision 1, paragraph (a), must have a ten-year facility plan approved
by the commissioner that includes an inventory of projects and costs that would
be eligible for:
(1) health and safety revenue, without restriction as to
project size;
(2) disabled access levy; and
(3) deferred capital expenditures and maintenance projects
necessary to prevent further erosion of facilities.
(b) A district qualifying under subdivision 1, paragraph
(b), must have a five-year plan approved by the commissioner that
includes an inventory of projects and costs for health and safety
projects with an estimated cost of $500,000 or more per site that would
qualify for health and safety revenue except for the project size
limitation in section 123B.57, subdivision 1, paragraph (b).
(c) The school district must:
(1) annually update the plan plans;
(2) biennially submit a facility maintenance plan; and
(3) indicate whether the district will issue bonds to finance
the plan or levy for the costs.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2005.
Sec. 10. Minnesota Statutes
2002, section 123B.59, subdivision 3, is amended to read:
Subd. 3. [BOND
AUTHORIZATION.] (a) A school district the
commissioner. Chapter 475, except sections 475.58 and 475.59, must be
complied with. The district may levy
under subdivision 5 for the debt service revenue. The authority to issue bonds under this section is in addition to
any bonding authority authorized by this chapter, or other law. The amount of bonding authority authorized
under this section must be disregarded in calculating the bonding or net debt
limits of this chapter, or any other law other than section 475.53, subdivision
4. , upon approval of its board and
the commissioner, may issue general obligation bonds under this section to
finance approved facilities plans approved by its board and
(b) Before a district issues bonds under this subdivision,
it must publish notice of the intended projects, the amount of the
bond issue, and the total amount of district indebtedness.
(c) A bond issue tentatively authorized by the board under
this subdivision becomes finally authorized unless a petition signed
by more than 15 percent of the registered voters of the district is
filed with the school board within 30 days of the board's adoption of a
resolution stating the board's intention to issue bonds. The percentage is to be determined with reference
to the number of registered voters in the district on the last day
before the petition is filed with the board.
The petition must call for a referendum on the question of
whether to issue the bonds for the projects under this section. The approval of 50 percent plus one
of those voting on the question is required to pass a referendum
authorized by this section.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to
bonds issued after April 1, 2003, for taxes payable in 2004 and later.
Sec. 11. Minnesota
Statutes 2002, section 123B.59, is amended by adding a subdivision to read:
Subd. 3a. [LEVY
AUTHORIZATION.] (a) A school district may levy under this section to
finance the portion of facilities plans approved by its board and the
commissioner that are not financed through bond issues according to
subdivision 3.
(b) Before a district levies under this subdivision, it must
publish notice of the intended projects, including the total estimated
project cost.
(c) A levy tentatively authorized by the board under this
subdivision becomes finally authorized unless a petition signed by
more than 15 percent of the registered voters of the district is filed
with the school board within 30 days of the board's adoption of a
resolution stating the board's intention to levy. The percentage is to
be determined with reference to the number of registered voters in the
district on the last day before the petition is filed with the
board. The petition must call for a
referendum on the question of whether to levy for the projects under
this section. The approval of 50
percent plus one of those voting on the question is required to pass a
referendum authorized by this section.
The referendum must be held on a date set by the board. The ballot must provide a general description
of the proposed projects and state the estimated total cost of the
projects, the specific number of years, not to exceed ten, for which the
referendum authorization applies, the maximum amount of the levy for
each year, and the estimated tax rate as a percentage of net tax
capacity for the amount specified for the first year and for the maximum
amount specified in the schedule.
The ballot must contain a textual portion with the information
required in this subdivision and a question stating substantially the
following:
"Shall the alternative facilities levy proposed by the
board of ............ School District No. ............ be approved?"
If approved, the amount stated for each year may be certified
for the number of years approved. The
district must notify the commissioner of the results of the referendum.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to
levies for taxes payable in 2004 and later.
Sec. 12. Minnesota
Statutes 2002, section 123B.59, subdivision 5, is amended to read:
Subd. 5. [LEVY
AUTHORIZED.] A district, after local board approval, may levy for costs
related to an approved facility plan as follows:
(a) if the district has indicated to the commissioner that
bonds will be issued, the district may levy for the principal and interest
payments on outstanding bonds issued according to subdivision 3 after reduction
for any alternative facilities aid receivable under subdivision 6; or
(b) if the district has indicated to the commissioner that the
plan will be funded through levy, the district may levy according to the
schedule approved in the plan after reduction for any alternative facilities
aid receivable under subdivision 6 3a.
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2004.
Sec. 13. Minnesota
Statutes 2002, section 123B.63, subdivision 1, is amended to read:
Subdivision 1.
[CREATION OF A DOWN PAYMENT CAPITAL PROJECT REFERENDUM
ACCOUNT.] A district may create a down payment capital project
referendum account as a separate account in its general fund or its
building construction fund. All
proceeds from the down payment capital project levy must be
deposited in the capital expenditure fund and transferred to this account
project referendum account in its general fund. The portion of the
proceeds to be used for building construction must be transferred to the
capital project referendum account in its building construction fund. Interest income attributable to the down
payment capital project referendum account must be credited to the
account.
Sec. 14. Minnesota
Statutes 2002, section 123B.63, subdivision 2, is amended to read:
Subd. 2. [USES OF THE
ACCOUNT.] Money in the down payment capital project referendum
account must be used as a down payment for the future costs of
acquisition and betterment for a project that has been reviewed under section
123B.71 and has been approved according to subdivision 3.
Sec. 15. Minnesota
Statutes 2002, section 123B.63, subdivision 3, is amended to read:
Subd. 3. [FACILITIES
DOWN PAYMENT CAPITAL PROJECT LEVY REFERENDUM.] A district may levy
the local tax rate approved by a majority of the electors voting on the
question to provide funds for a down payment for an approved
project. The election must take place
no more than five years before the estimated date of commencement of the
project. The referendum must be held on
a date set by the board. A referendum
for a project not receiving a positive review and comment by the commissioner
under section 123B.71 must be approved by at least 60 percent of the voters at
the election. The referendum may be
called by the school board and may be held:
(1) separately, before an election for the issuance of
obligations for the project under chapter 475; or
(2) in conjunction with an election for the issuance of
obligations for the project under chapter 475; or
(3) notwithstanding section 475.59, as a conjunctive question
authorizing both the down payment capital project levy and the
issuance of obligations for the project under chapter 475. Any obligations authorized for a project may
be issued within five years of the date of the election.
The ballot must provide a general description of the proposed
project, state the estimated total cost of the project, state whether the
project has received a positive or negative review and comment from the
commissioner, state the maximum amount of the down payment capital
project levy as a percentage of net tax capacity, state the amount that
will be raised by that local tax rate in the first year it is to be levied, and
state the maximum number of years that the levy authorization will apply.
The ballot must contain a textual portion with the
information required in this section and a question stating substantially the
following:
"Shall the down payment capital project levy
proposed by the board of .......... School District No. .......... be
approved?"
If approved, the amount provided by the approved local tax rate
applied to the net tax capacity for the year preceding the year the levy is
certified may be certified for the number of years approved.
In the event a conjunctive question proposes to authorize both
the down payment capital project levy and the issuance of
obligations for the project, appropriate language authorizing the issuance of
obligations must also be included in the question.
The district must notify the commissioner of the results of the
referendum.
Sec. 16. Minnesota
Statutes 2002, section 123B.63, subdivision 4, is amended to read:
Subd. 4. [EXCESS BUILDING
CONSTRUCTION FUND LEVY PROCEEDS.] Any funds remaining in the down
payment capital project referendum account that are not
applied to the payment of the costs of the approved project before its final
completion must be transferred to the district's debt redemption fund.
Sec. 17. Minnesota
Statutes 2002, section 125B.21, is amended to read:
125B.21 [MINNESOTA EDUCATION TELECOMMUNICATIONS COUNCIL.]
Subdivision 1. [STATE
COUNCIL MEMBERSHIP.] The membership of the Minnesota education
telecommunications council established in Laws 1993, First Special Session
chapter 2, is expanded to include representatives of elementary and secondary
education. The membership shall consist
of three representatives from the University of Minnesota; three
representatives of the board of trustees for Minnesota state colleges and
universities; one representative of the higher education services offices; one
representative appointed by the private college council; one representative
selected by the commissioner of administration; eight representatives selected
by the commissioner of children, families, and learning education,
at least one of which must come from each of the six higher education
telecommunication regions; a representative from the office of technology; two
members each from the senate and the house of representatives selected by the
subcommittee on committees of the committee on rules and administration of the
senate and the speaker of the house, one member from each body must be a member
of the minority party; and three representatives of libraries, one representing
regional public libraries, one representing multitype libraries, and one
representing community libraries, selected by the governor; and two members,
one selected from and representing the higher education regional coordinators
and one selected from and representing the kindergarten through grade 12
cluster regions. The council shall serve as a forum to establish and advocate
for a statewide vision and plans for the use of distance learning technologies,
including:
(1) the coordination and collaboration of distance learning
opportunities;
(2) the implementation of the use of distance learning
technologies;
(3) the collaboration of distance learning users;
(4) the implementation of educational policy relating to
telecommunications;
(5) the exchange of ideas;
(6) the communications with state government and related
agencies and entities;
(7) the coordination of networks for post-secondary campuses,
kindergarten through grade 12 education, and regional and community libraries;
and
(8) the promotion of consistency of the operation of the
learning network with standards of an open system architecture.
The council expires June 30, 2004.
Sec. 18. Minnesota
Statutes 2002, section 126C.40, subdivision 1, is amended to read:
Subdivision 1. [TO
LEASE BUILDING OR LAND.] (a) When an independent or a special school district
or a group of independent or special school districts finds it economically
advantageous to rent or lease a building or land for any instructional purposes
or for school storage or furniture repair, and it determines that the operating
capital revenue authorized under section 126C.10, subdivision 13, is
insufficient for this purpose, it may apply to the commissioner for permission
to make an additional capital expenditure levy for this purpose. An application for permission to levy under
this subdivision must contain financial justification for the proposed levy,
the terms and conditions of the proposed lease, and a description of the space
to be leased and its proposed use.
(b) The criteria for approval of applications to levy under
this subdivision must include: the
reasonableness of the price, the appropriateness of the space to the proposed
activity, the feasibility of transporting pupils to the leased building or
land, conformity of the lease to the laws and rules of the state of Minnesota,
and the appropriateness of the proposed lease to the space needs and the
financial condition of the district. The commissioner must not authorize a levy
under this subdivision in an amount greater than 90 percent of the cost
to the district of renting or leasing a building or land for approved
purposes. The proceeds of this levy
must not be used for custodial or other maintenance services. A district may not levy under this
subdivision for the purpose of leasing or renting a district-owned building or
site to itself.
(c) For agreements finalized after July 1, 1997, a district may
not levy under this subdivision for the purpose of leasing: (1) a newly
constructed building used primarily for regular kindergarten, elementary, or
secondary instruction; or (2) a newly constructed building addition or
additions used primarily for regular kindergarten, elementary, or secondary
instruction that contains more than 20 percent of the square footage of the
previously existing building.
(d) Notwithstanding paragraph (b), a district may levy under
this subdivision for the purpose of leasing or renting a district-owned
building or site to itself only if the amount is needed by the district to make
payments required by a lease purchase agreement, installment purchase
agreement, or other deferred payments agreement authorized by law, and the levy
meets the requirements of paragraph (c).
A levy authorized for a district by the commissioner under this
paragraph may be in the amount needed by the district to make payments required
by a lease purchase agreement, installment purchase agreement, or other
deferred payments agreement authorized by law, provided that any agreement
include a provision giving the school districts the right to terminate the
agreement annually without penalty.
(e) The total levy under this subdivision for a district for
any year must not exceed $100 $90 times the resident pupil units
for the fiscal year to which the levy is attributable.
(f) For agreements for which a review and comment have been
submitted to the department of children, families, and learning education
after April 1, 1998, the term "instructional purpose" as used in this
subdivision excludes expenditures on stadiums.
(g) The commissioner of children, families, and learning
education may authorize a school district to exceed the limit in
paragraph (e) if the school district petitions the commissioner for
approval. The commissioner shall grant
approval to a school district to exceed the limit in paragraph (e) for not more
than five years if the district meets the following criteria:
(1) the school district has been experiencing pupil enrollment
growth in the preceding five years;
(2) the purpose of the increased levy is in the long-term
public interest;
(3) the purpose of the increased levy promotes colocation of
government services; and
(4) the purpose of the increased levy is in the long-term
interest of the district by avoiding over construction of school facilities.
(h) A school district that is a member of an intermediate
school district may include in its authority under this section 90 percent
of the costs associated with leases of administrative and classroom space
for intermediate school district programs.
This authority must not exceed $25 $22.50 times the
adjusted marginal cost pupil units of the member districts. This authority is in addition to any other
authority authorized under this section.
(i) In addition to the allowable capital levies in paragraph (a),
a district that is a member of the "Technology and Information Education
Systems" data processing joint board, that finds it economically
advantageous to enter into a lease purchase agreement for a building for a
group of school districts or special school districts for staff development
purposes, may levy for its portion of lease costs attributed to the district
within the total levy limit in paragraph (e).
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2004.
Sec. 19. Minnesota Statutes
2002, section 126C.63, subdivision 5, is amended to read:
Subd. 5. [LEVY.]
"Levy" means a district's net debt service levy after the reduction
of debt service equalization aid under section 123B.53, subdivision 6. For taxes payable in 1994 2003
and later, each district's maximum effort debt service levy for purposes of
subdivision 8, must be reduced by an equal number of percentage points if the
commissioner of finance determines that the levy reduction will not
result in a statewide property tax payment from the general fund in
the state treasury according to section 16A.641, as would be
required under Minnesota Statutes 1992, section 124.46 126C.72,
subdivision 3. A district's levy that
is adjusted under this section must not be reduced below 22.3 30.1
percent of the district's adjusted net tax capacity.
Sec. 20. Minnesota
Statutes 2002, section 126C.63, subdivision 8, is amended to read:
Subd. 8. [MAXIMUM
EFFORT DEBT SERVICE LEVY.] (a) "Maximum effort debt service
levy" means the lesser of:
(1) a levy in whichever of the following amounts is applicable:
(a) (i) in any district receiving a debt service
loan for a debt service levy payable in 2002 and thereafter, or granted a
capital loan after January 1, 2001 2002, a levy in total dollar
amount computed at a rate of 30 40 percent of adjusted net tax
capacity for taxes payable in 2002 and thereafter;
(b) (ii) in any district receiving a debt service
loan for a debt service levy payable in 1991 and thereafter 2001 or
earlier, or granted a capital loan after before January 1
2, 1990 2001, a levy in a total dollar amount computed at
a rate of 24 32 percent of adjusted net tax capacity for taxes
payable in 1991 2002 and thereafter;
(c) in any district granted a debt service loan after
July 31, 1981, or granted a capital loan which is approved after July 31, 1981,
a levy in a total dollar amount computed as a tax rate of 21.92 percent on the
adjusted net tax capacity for taxes payable in 1991 and thereafter; or
(2) a levy in any district for which a capital loan was
approved prior to August 1, 1981, a levy in a total dollar amount equal to the
sum of the amount of the required debt service levy and an amount which when
levied annually will in the opinion of the commissioner be sufficient to retire
the remaining interest and principal on any outstanding loans from the state
within 30 years of the original date when the capital loan was granted.
(b) The board in any district affected by the provisions
of paragraph (a), clause (2), may elect instead to determine the
amount of its levy according to the provisions of paragraph (a), clause
(1). If a district's capital loan is
not paid within 30 years because it elects to determine the amount of its levy
according to the provisions of paragraph (a), clause (2), the liability
of the district for the amount of the difference between the amount it levied
under paragraph (a), clause (2), and the amount it would have
levied under paragraph (a), clause (1), and for interest on the amount
of that difference, must not be satisfied and discharged pursuant to Minnesota
Statutes 1988, or an earlier edition of Minnesota Statutes if applicable,
section 124.43, subdivision 4.
Sec. 21. Minnesota
Statutes 2002, section 126C.69, subdivision 2, is amended to read:
Subd. 2. [CAPITAL LOANS
ELIGIBILITY.] Beginning July 1, 1999, a district is not eligible for a capital
loan unless the district's estimated net debt tax rate as computed by the
commissioner after debt service equalization aid would be more than 30 40
percent of adjusted net tax capacity.
The estimate must assume a 20-year maturity schedule for new debt.
Sec. 22. Minnesota
Statutes 2002, section 126C.69, subdivision 9, is amended to read:
Subd. 9. [LOAN AMOUNT
LIMITS.] (a) A loan must not be recommended for approval for a district
exceeding an amount computed as follows:
(1) the amount requested by the district under subdivision 6;
(2) plus the aggregate principal amount of general obligation
bonds of the district outstanding on June 30 of the year following the year the
application was received, not exceeding the limitation on net debt of the
district in section 475.53, subdivision 4, or 450 607 percent of
its adjusted net tax capacity as most recently determined, whichever is less;
(3) less the maximum net debt permissible for the district on
December 1 of the year the application is received, under the limitation in
section 475.53, subdivision 4, or 450 607 percent of its adjusted
net tax capacity as most recently determined, whichever is less;
(4) less any amount by which the amount voted exceeds the total
cost of the facilities for which the loan is granted.
(b) The loan may be approved in an amount computed as provided
in paragraph (a), clauses (1) to (3), subject to later reduction according to
paragraph (a), clause (4).
Sec. 23. Minnesota
Statutes 2002, section 177.42, subdivision 2, is amended to read:
Subd. 2. [PROJECT.]
"Project" means erection, construction, remodeling, or repairing of a
public building or other public work, except a public school facility,
financed in whole or part by state funds.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to
all contracts for erecting, constructing, remodeling, or repairing a
public school facility for students in any grades kindergarten through
12 entered into after that date.
Sec. 24. Minnesota Statutes 2002, section 475.61, subdivision 1, is
amended to read:
Subdivision 1. [DEBT
SERVICE RESOLUTION.] The governing body of any municipality issuing general
obligations shall, prior to delivery of the obligations, levy by resolution a
direct general ad valorem tax upon all taxable property in the municipality to
be spread upon the tax rolls for each year of the term of the obligations. The tax levies for all years for
municipalities other than school districts shall be specified and such that if
collected in full they, together with estimated collections of special
assessments and other revenues pledged for the payment of said obligations,
will produce at least five percent in excess of the amount needed to meet when
due the principal and interest payments on the obligations. The tax levies for school districts shall be
specified and such that if collected in full they, together with estimated
collection of other revenues pledged for the payment of the obligations, will
produce between five and six percent in excess of the amount
needed to meet when due the principal and interest payments on the obligations,
rounded up to the nearest dollar; except that, with the permission of the
commissioner of children, families, and learning education, a
school board may specify a tax levy in a higher amount if necessary either to
meet an anticipated tax delinquency or for cash flow needs to meet the required
payments from the debt redemption fund.
Such resolution shall irrevocably appropriate the taxes so levied and
any special assessments or other revenues so pledged to the municipality's debt
service fund or a special debt service fund or account created for the payment
of one or more issues of obligations. The governing body may, in its
discretion, at any time after the obligations have been authorized, adopt a
resolution levying only a portion of such taxes, to be filed, assessed,
extended, collected, and remitted as hereinafter provided, and the amount or
amounts therein levied shall be credited against the tax required to be levied
prior to delivery of the obligations.
Sec. 25. Minnesota
Statutes 2002, section 475.61, subdivision 3, is amended to read:
Subd. 3.
[IRREVOCABILITY.] (a) Tax levies so made and filed shall be irrevocable,
except as provided in this subdivision.
(b) For purposes of this subdivision, "excess debt
redemption fund balance" means the greater of zero or the balance in the
district's debt redemption fund as of June 30 of the fiscal year ending in the
year before the year the levy is certified, minus any debt redemption fund
balance attributable to refunding of existing bonds, minus the amount of the
levy reduction for the current year and the prior year under paragraphs (e) and
(f), minus five percent of the district's required debt service levy for the
next year.
(c) By July 15 each year, a district shall report to the
commissioner of children, families, and learning education the
amount of the districts' debt redemption fund balance as of June 30 of the
prior year attributable to refunding of existing bonds.
(d) By August 15 each year, the commissioner shall determine
the excess debt redemption fund balance for each school district, and shall
certify the amount of the excess balance to the school district superintendent.
(e) In each year when a district has an excess debt redemption
fund balance, the commissioner shall report the amount of the excess to the
county auditor and the auditor shall reduce the tax levy otherwise to be
included in the rolls next prepared by the amount certified.
(f) The school board may, with the approval of the
commissioner, retain all or part of the excess balance if it is necessary to
ensure the prompt and full payment of its obligations and any call premium on
its obligations, will be used for redemption of its obligations in accordance
with their terms, or to level out the debt service tax rate, excluding the debt
excess adjustment, for its obligations over the next two years. A school district requesting authority to
retain all or part of the excess balance shall provide written documentation to
the commissioner describing the rationale for its request by September 15
including the issuance of new obligations within the next year or the refunding
of existing obligations. A school
district that retains an excess may request to transfer the excess to its
operating capital account in the general fund under section 123B.80. The school board may, with the approval of
the commissioner, specify a tax levy in a higher amount if necessary because of
anticipated tax delinquency or for cash flow needs to meet the required payments
from the debt redemption fund.
(g) If the governing body, including
the governing body of a school district, in any year makes an irrevocable
appropriation to the debt service fund of money actually on hand or if there is
on hand any excess amount in the debt service fund, the recording officer may
certify to the county auditor the fact and amount thereof and the auditor shall
reduce by the amount so certified the amount otherwise to be included in the
rolls next thereafter prepared.
Sec. 26. [BONDS; MOUNDS
VIEW.]
Notwithstanding Minnesota Statutes, section 123B.59, subdivision
3, independent school district No. 621, Mounds View, may issue bonds
according to Minnesota Statutes 2002, section 123B.59, subdivision 3,
for projects approved by the commissioner before February 1, 2003.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 27. [LEASE LEVY
EXCEPTION.]
Notwithstanding Minnesota Statutes, section 126C.40, subdivision
1, a school district that has entered into a completed agreement under
Laws 2000, chapter 492, article 1, section 3, subdivision 4, may
continue to levy for 100 percent of the costs of any lease required by
the agreement.
Sec. 28. [PROPERTY
SALE; ST. FRANCIS SCHOOL DISTRICT.]
Notwithstanding Minnesota Statutes, section 123B.51, subdivision
6, or any other law to the contrary, independent school district No. 15,
St. Francis, may deposit the proceeds from the sale of land that was
purchased with funds obtained according to Laws 1992, chapter 558,
section 7, subdivision 7, in the district's general fund reserved for
operating capital account. The
district may only use the proceeds of the sale for projects designed to
create or improve safe walking routes for the students of independent
school district No. 15, St. Francis.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 29.
[APPROPRIATIONS.]
Subdivision 1.
[DEPARTMENT OF EDUCATION.] The sums indicated in this section
are appropriated from the general fund to the department of education
for the fiscal years designated.
Subd. 2. [HEALTH
AND SAFETY REVENUE.] For health and safety aid according to Minnesota
Statutes, section 123B.57, subdivision 5:
$7,602,000
. . . . .
2004
$6,137,000
. . . . .
2005
The 2004 appropriation includes $1,516,000 for 2003 and $6,086,000
for 2004.
The 2005 appropriation includes $1,817,000 for 2004 and $4,320,000
for 2005.
Subd. 3. [DEBT
SERVICE EQUALIZATION.] For debt service aid according to Minnesota
Statutes, section 123B.53, subdivision 6:
$33,416,000
. . . . .
2004
$37,521,000
. . . . .
2005
The 2004 appropriation includes $5,586,000 for 2003 and $27,830,000
for 2004.
The 2005 appropriation includes $8,312,000 for 2004 and $29,209,000
for 2005.
Subd. 4. [ALTERNATIVE FACILITIES BONDING AID.] For
alternative facilities bonding aid, according to Minnesota Statutes,
section 123B.59, subdivision 1:
$18,129,000
. . . . .
2004
$4,436,000
. . . . .
2005
The 2004 appropriation includes $3,278,000 for 2003 and $14,851,000
for 2004.
The 2005 appropriation includes $4,436,000 for 2004 and $0
for 2005.
Sec. 30. [REPEALER.]
(a) Minnesota Statutes 2002, section 125B.11, is repealed.
(b) Minnesota Statutes 2002, section 123B.59, subdivisions
6 and 7, are repealed effective for revenue for fiscal year 2005.
ARTICLE
5
NUTRITION;
SCHOOL ACCOUNTING; OTHER PROGRAMS
Section 1. Minnesota
Statutes 2002, section 12.21, subdivision 3, is amended to read:
Subd. 3. [SPECIFIC AUTHORITY.]
In performing duties under this chapter and to effect its policy and purpose,
the governor may:
(1) make, amend, and rescind the necessary orders and rules to
carry out the provisions of this chapter and section 216C.15 within the limits
of the authority conferred by this section, with due consideration of the plans
of the federal government and without complying with sections 14.001 to 14.69,
but no order or rule has the effect of law except as provided by section 12.32;
(2) ensure that a comprehensive emergency operations plan and
emergency management program for this state are developed and maintained, and
are integrated into and coordinated with the emergency plans of the federal
government and of other states to the fullest possible extent;
(3) in accordance with the emergency operations plan and the
emergency management program of this state, procure supplies, equipment, and
facilities; institute training programs and public information programs; and
take all other preparatory steps, including the partial or full activation of
emergency management organizations in advance of actual disaster to ensure the
furnishing of adequately trained and equipped forces of emergency management
personnel in time of need;
(4) make studies and surveys of the industries, resources, and
facilities in this state as may be necessary to ascertain the capabilities of
the state for emergency management and to plan for the most efficient emergency
use of those industries, resources, and facilities;
(5) on behalf of this state, enter into mutual aid arrangements
or cooperative agreements with other states, tribal authorities, and Canadian
provinces, and coordinate mutual aid plans between political subdivisions of
this state;
(6) delegate administrative authority vested in the governor
under this chapter, except the power to make rules, and provide for the
subdelegation of that authority;
(7) cooperate with the president and
the heads of the armed forces, the emergency management agency of the United States
and other appropriate federal officers and agencies, and with the officers and
agencies of other states in matters pertaining to the emergency management of
the state and nation, including the direction or control of:
(i) emergency preparedness drills and exercises;
(ii) warnings and signals for drills or actual emergencies and
the mechanical devices to be used in connection with them;
(iii) shutting off water mains, gas mains, electric power
connections and the suspension of all other utility services;
(iv) the conduct of persons in the state, including entrance or
exit from any stricken or threatened public place, occupancy of facilities, and
the movement and cessation of movement of pedestrians, vehicular traffic, and
all forms of private and public transportation during, prior, and subsequent to
drills or actual emergencies;
(v) public meetings or gatherings; and
(vi) the evacuation, reception, and sheltering of persons;
(8) contribute to a political subdivision, within the limits of
the appropriation for that purpose, not more than 25 percent of the cost of
acquiring organizational equipment that meets standards established by the
governor;
(9) formulate and execute, with the approval of the executive
council, plans and rules for the control of traffic in order to provide for the
rapid and safe movement over public highways and streets of troops, vehicles of
a military nature, and materials for national defense and war or for use in any
war industry, for the conservation of critical materials, or for emergency
management purposes; coordinate the activities of the departments or agencies
of the state and its political subdivisions concerned directly or indirectly
with public highways and streets, in a manner that will best effectuate those
plans;
(10) alter or adjust by executive order, without complying with
sections 14.01 to 14.69, the working hours, work days and work week of, and
annual and sick leave provisions and payroll laws regarding all state employees
in the executive branch as the governor deems necessary to minimize the impact
of the disaster or emergency, conforming the alterations or adjustments to
existing state laws, rules, and collective bargaining agreements to the extent
practicable;
(11) authorize the commissioner of children, families, and
learning education to alter school schedules, curtail school
activities, or order schools closed without affecting state aid to schools,
as defined in section 120A.05, subdivisions 9, 11, 13, and 17, and including
charter schools under section 124D.10, and elementary schools enrolling
prekindergarten pupils in district programs; and
(12) transfer the direction, personnel, or functions of state
agencies to perform or facilitate response and recovery programs.
Sec. 2. Minnesota
Statutes 2002, section 84A.51, subdivision 4, is amended to read:
Subd. 4. [COUNTY'S USE
OF FUNDS.] The funds received by each county must be apportioned by the county
auditor as follows:
(1) 30 percent to a county development fund, which is created,
to be spent under the direction of the county board for the rehabilitation and
development of the portion of the county within the conservation area;
(2) 40 percent to the capital outlay general
fund of the school district from which derived;
(3) 20 percent to the county revenue fund; and
(4) ten percent to the township road and bridge fund of the
township from which derived.
If the proceeds are derived from an unorganized township with
no levy for road and bridge purposes, the township portion must be credited to
the county revenue fund.
Sec. 3. Minnesota
Statutes 2002, section 120A.05, subdivision 9, is amended to read:
Subd. 9. [ELEMENTARY
SCHOOL.] "Elementary school" means any school with building,
equipment, courses of study, class schedules, enrollment of pupils ordinarily
in prekindergarten through grade 6 or any portion thereof, and staff meeting
the standards established by the commissioner.
The commissioner of children, families, and learning shall
not close a school or deny any state aids to a district for its elementary
schools because of enrollment limitations classified in accordance with the
provisions of this subdivision.
Sec. 4. Minnesota
Statutes 2002, section 124D.11, subdivision 9, is amended to read:
Subd. 9. [PAYMENT OF
AIDS TO CHARTER SCHOOLS.] (a) Notwithstanding section 127A.45, subdivision 3,
aid payments for the current fiscal year to a charter school not in its first
year of operation shall be of an equal amount on each of the 23 payment
dates. A charter school in its first
year of operation shall receive, on its first payment date, ten percent of its
cumulative amount guaranteed for the year and 22 payments of an equal amount
thereafter the sum of which shall be 90 percent of the cumulative amount
guaranteed.
(b) Notwithstanding paragraph (a), for a charter school ceasing
operation prior to the end of a school year, 83 77 percent of the
amount due for the school year may be paid to the school after audit of prior
fiscal year and current fiscal year pupil counts.
(c) Notwithstanding section 127A.45, subdivision 3, and
paragraph (a), 83 77 percent of the start-up cost aid under
subdivision 8 shall be paid within 45 days after the first day of student
attendance for that school year.
(d) In order to receive state aid payments under this
subdivision, a charter school in its first three years of operation must submit
a quarterly report to the department of children, families, and learning
education. The report must list
each student by grade, show the student's start and end dates, if any, with the
charter school, and for any student participating in a learning year program,
the report must list the hours and times of learning year activities. The report must be submitted not more than
two weeks after the end of the calendar quarter to the department. The department must develop a Web-based
reporting form for charter schools to use when submitting enrollment reports. A charter school in its fourth and
subsequent year of operation must submit enrollment information to the
department in the form and manner requested by the department.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2004.
Sec. 5. [124D.1158]
[SCHOOL BREAKFAST PROGRAM.]
Subdivision 1.
[PURPOSE.] The purpose of the school breakfast program is to
provide affordable morning nutrition to children so that they can
effectively learn. Public and nonpublic
schools that participate in the federal school breakfast program may
receive state breakfast aid. Schools
shall encourage all children to eat a nutritious breakfast, either at
home or at school, and shall work to eliminate barriers to breakfast
participation at school such as inadequate facilities and
transportation.
Subd. 2.
[PROGRAM; ELIGIBILITY.] Each school year, public and nonpublic
schools that participate in the federal school breakfast program are
eligible for the state breakfast program.
Subd. 3.
[PROGRAM REIMBURSEMENT.] Each school year, the state must
reimburse each participating school 30 cents for each reduced price
breakfast and 55 cents for each fully paid breakfast.
Sec. 6. Minnesota
Statutes 2002, section 124D.118, subdivision 4, is amended to read:
Subd. 4.
[REIMBURSEMENT.] In accordance with program guidelines, the commissioner
shall prepay or reimburse each participating districts for the
state share of the district's cost for providing public or nonpublic
school nine cents for each half-pint of milk that is served
to kindergarten students and is not part of a school lunch or breakfast
reimbursed under section 124D.111 or 124D.1158.
Sec. 7. Minnesota
Statutes 2002, section 126C.42, subdivision 1, is amended to read:
Subdivision 1. [1977
STATUTORY OPERATING DEBT.] (a) In each year in which so required by this
subdivision, a district must make an additional levy to eliminate its statutory
operating debt, determined as of June 30, 1977, and certified and adjusted by
the commissioner. This levy shall not
be made in more than 30 successive years and each year before it is made, it
must be approved by the commissioner and the approval shall specify its
amount. This levy shall be an amount
which is equal to the amount raised by a levy of a net tax rate of 1.98 2.67
percent times the adjusted net tax capacity of the district for the preceding
year for taxes payable in 2000 2002 and thereafter; provided that
in the last year in which the district is required to make this levy, it must
levy an amount not to exceed the amount raised by a levy of a net tax rate of 1.98
2.67 percent times the adjusted net tax capacity of the district for the
preceding year for taxes payable in 2000 2002 and
thereafter. When the sum of the
cumulative levies made pursuant to this subdivision and transfers made
according to section 123B.79, subdivision 6, equals an amount equal to the
statutory operating debt of the district, the levy shall be discontinued.
(b) The district must establish a special account in the
general fund which shall be designated "appropriated fund balance reserve account
for purposes of reducing statutory operating debt" on its books and
records. This account shall reflect the
levy authorized pursuant to this subdivision.
The proceeds of this levy must be used only for cash flow requirements
and must not be used to supplement district revenues or income for the purposes
of increasing the district's expenditures or budgets.
(c) Any district which is required to levy pursuant to this
subdivision must certify the maximum levy allowable under section 126C.13,
subdivision 2, in that same year.
(d) Each district shall make permanent fund balance
transfers so that the total statutory operating debt of the district is
reflected in the general fund as of June 30, 1977.
Sec. 8. Minnesota
Statutes 2002, section 126C.43, subdivision 2, is amended to read:
Subd. 2. [PAYMENT TO
UNEMPLOYMENT INSURANCE PROGRAM TRUST FUND BY STATE AND POLITICAL SUBDIVISIONS.]
A district may levy 90 percent of the amounts amount exceeding
$10 times the district's adjusted marginal cost pupil units for the
fiscal year ending in the year before the year the levy is certified
necessary (i) to pay the district's obligations under section 268.052,
subdivision 1, and the amounts necessary (ii) to pay for job
placement services offered to employees who may become eligible for benefits
pursuant to section 268.085 for the fiscal year the levy is certified.
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2004.
Sec. 9. Minnesota
Statutes 2002, section 126C.43, subdivision 3, is amended to read:
Subd. 3. [TAX LEVY FOR
JUDGMENT.] A district may levy 90 percent of the amounts amount
exceeding $10 times the district's adjusted marginal cost pupil units
for the fiscal year ending in the year before the year the levy is
certified necessary to pay judgments against the district under section
123B.25 that became final after the date the district certified its proposed
levy in the previous year. With the
approval of the commissioner, a district may spread this levy over a period not
to exceed three years. Upon approval
through the adoption of a resolution by each of an intermediate district's
member school district boards, a member school district may include its
proportionate share of the costs of a judgment against an intermediate school
district that became final under section 123B.25 after the date that the
earliest member school district certified its proposed levy in the previous
year. With the approval of the
commissioner, an intermediate school district member school district may spread
this levy over a period not to exceed three years.
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2004.
Sec. 10. Minnesota
Statutes 2002, section 126C.45, is amended to read:
126C.45 [ICE ARENA LEVY.]
(a) Each year, an independent school district operating and
maintaining an ice arena, may levy for the net operational costs of the ice
arena. The levy may not exceed 90
percent of the net actual costs of operation of the arena for the previous
year. Net actual costs are defined as operating costs less any operating
revenues.
(b) Any district operating and maintaining an ice arena must
demonstrate to the satisfaction of the office of monitoring in the department
that the district will offer equal sports opportunities for male and female
students to use its ice arena, particularly in areas of access to prime
practice time, team support, and providing junior varsity and younger level
teams for girls' ice sports and ice sports offerings.
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2004.
Sec. 11. Minnesota
Statutes 2002, section 126C.48, subdivision 3, is amended to read:
Subd. 3. [ADJUSTMENTS.]
If any district levy is found to be excessive as a result of a decision of the
tax court or a redetermination by the commissioner of revenue under section
127A.48, subdivisions 7 to 16, or for any other reason, the amount of the
excess shall be deducted from the levy certified in the next year for the same
purpose. If no levy is certified in the
next year for the same purpose or if the amount certified is less than the
amount of the excess, the excess must be deducted from that levy and the general
fund levy certified pursuant to section 126C.13, subdivision 2 chapters
122A, 123A, 123B, 124D, and 126C.
If the amount of any aid would have been increased in a prior year as a
result of a decision of the tax court or a redetermination by the commissioner
of revenue, the amount of the increase shall be added to the amount of current
aid for the same purposes.
Sec. 12. Minnesota
Statutes 2002, section 127A.45, subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.]
(a) The term "other district receipts" means payments by county
treasurers pursuant to section 276.10, apportionments from the school endowment
fund pursuant to section 127A.33, apportionments by the county auditor pursuant
to section 127A.34, subdivision 2, and payments to school districts by the
commissioner of revenue pursuant to chapter 298.
(b) The term "cumulative amount guaranteed" means the
product of
(1) the cumulative disbursement percentage shown in subdivision
3; times
(2) the sum of
(i) 83 77 percent of the estimated aid and credit
entitlements paid according to subdivision 13; plus
(ii) 100 percent of the entitlements paid according to
subdivisions 11 and 12; plus
(iii) the other district receipts.
(c) The term "payment date" means the date on which
state payments to districts are made by the electronic funds transfer
method. If a payment date falls on a
Saturday, a Sunday, or a weekday which is a legal holiday, the payment shall be
made on the immediately preceding business day. The commissioner may make payments on dates other than those
listed in subdivision 3, but only for portions of payments from any preceding
payment dates which could not be processed by the electronic funds transfer
method due to documented extenuating circumstances.
Sec. 13. Minnesota
Statutes 2002, section 127A.45, subdivision 3, is amended to read:
Subd. 3. [PAYMENT DATES
AND PERCENTAGES.] (a) For fiscal year 2003, the commissioner shall pay to a
district on the dates indicated an amount computed as follows: the cumulative amount guaranteed minus the
sum of (a) the district's other district receipts through the current payment,
and (b) the aid and credit payments through the immediately preceding
payment. For purposes of this
computation, the payment dates and the cumulative disbursement percentages are
as follows:
Payment date Percentage
Payment 1 July
15: 5.1
Payment 2 July
30: 7.7
Payment 3 August
15: 16.9
Payment 4 August
30: 19.3
Payment 5 September
15: 21.8
Payment 6 September
30: 24.3
Payment 7 October
15: 26.3
Payment 8 October
30: 28.3
Payment 9 November
15: 32.8
Payment 10 November
30: 39.1
Payment 11 December
15: 42.4
Payment 12 December
30: 45.6
Payment 13 January
15: 50.5
Payment 14 January
30: 55.0
Payment 15
February 15: 60.2
Payment 16 February
28: 65.0
Payment 17 March
15: 69.7
Payment 18 March
30: 74.3
Payment 19 April
15: 78.3
Payment 20 April
30: 84.2
Payment 21 May
15: 88.7
Payment 22 May
30: 93.3
Payment 23 June
20: 100.0
(b) In addition to the amounts paid under paragraph (a), for
fiscal year 2003, the commissioner shall pay to a district on the dates
indicated an amount computed as follows:
Payment 3 August
15: the final adjustment for the prior
fiscal
year for the state paid property tax credits
established
in section 273.1392
Payment 7 October
15: one-half of the final adjustment
for
the
prior fiscal year for all aid entitlements except
state
paid property tax credits
Payment 8 October
30: one-half of the final adjustment
for
the
prior fiscal year for all aid entitlements except
state
paid property tax credits
(c) For fiscal year 2004 and later, the commissioner
shall pay to a district on the dates indicated an amount computed as
follows: the cumulative amount
guaranteed minus the sum of (a) the district's other district receipts through
the current payment, and (b) the aid and credit payments through the
immediately preceding payment. For
purposes of this computation, the payment dates and the cumulative disbursement
percentages are as follows:
Payment date
Percentage
Payment 1 July 15: 5.1 5.5
Payment 2 July 30: 7.7 8.0
Payment 3 August 15: 16.9 17.5
Payment 4 August 30: 19.3 20.0
Payment 5 September 15: 21.8 22.5
Payment 6 September 30: 24.3 25.0
Payment 7 October 15:
26.3 27.0
Payment 8 October 30: 28.3 30.0
Payment 9 November 15: 30.3 32.5
Payment 10 November 30: 35.0 36.5
Payment 11 December 15: 40.0 42.0
Payment 12 December 30: 43.0 45.0
Payment 13 January 15: 48.0 50.0
Payment 14 January 30: 52.0 54.0
Payment 15 February 15: 56.0 58.0
Payment 16 February 28: 61.0 63.0
Payment 17 March 15: 66.0 68.0
Payment 18 March 30: 72.0 74.0
Payment 19 April 15: 76.0 78.0
Payment 20 April 30: 83.0 85.0
Payment 21 May 15: 88.0 90.0
Payment 22 May 30: 95.0
Payment 23 June 20: 100.0
(d) (b) In addition to the amounts paid under
paragraph (c) (a), for fiscal year 2004 and later, the
commissioner shall pay to a district on the dates indicated an amount computed
as follows:
Payment 3 August 15: the final adjustment for the prior
fiscal
year for the state paid property tax credits
established
in section 273.1392
Payment 4 August 30: one-third of the final adjustment
for
the prior fiscal year for all aid entitlements
except
state paid property tax credits
Payment 6 September 30: one-third of the final adjustment
for
the prior fiscal year for all aid entitlements
except
state paid property tax credits
Payment 8 October 30: one-third of the final adjustment
for
the prior fiscal year for all aid entitlements
except
state paid property tax credits
(c) In addition to the amounts paid
under paragraph (a), for fiscal year 2005 and later, the commissioner
shall pay to a district on the dates indicated an amount computed as follows:
Payment 3 August 15: the final adjustment for the prior
fiscal
year for the state paid property tax credits
established
in section
273.1392
Payment 4 August 30: 30 percent of the final adjustment
for
the prior fiscal year for all aid entitlements
except
state paid property tax credits
Payment 6 September 30: 40 percent of the final adjustment
for
the prior fiscal year for all aid entitlements
except
state paid property tax credits
Payment 8 October 30: 30 percent of the final adjustment for
the
prior fiscal year for all aid entitlements except
state
paid property
tax credits
Sec. 14. Minnesota
Statutes 2002, section 127A.45, subdivision 7a, is amended to read:
Subd. 7a. [ADVANCE
FINAL PAYMENT.] (a) Notwithstanding subdivisions 3 and 7, a school district or
a charter school exceeding its expenditure limitations under section 123B.83 as
of June 30 of the prior fiscal year may receive a portion of its final payment
for the current fiscal year on June 20, if requested by the district. The amount paid under this subdivision must
not exceed the lesser of:
(1) seven percent of the district or charter school's general
education aid for the current fiscal year; or
(2) the amount by which the district or charter school's net
negative unreserved general fund balance as of June 30 of the prior fiscal year
exceeds 2.5 percent of the district or charter school's expenditures for that
fiscal year.
(b) The state total advance final payment under this
subdivision for any year must not exceed $17,500,000 $12,000,000.
If the amount requested exceeds $17,500,000 $12,000,000, the
advance final payment for each eligible district must be reduced
proportionately.
Sec. 15. Minnesota
Statutes 2002, section 127A.45, subdivision 10, is amended to read:
Subd. 10. [PAYMENTS TO
SCHOOL NONOPERATING FUNDS.] Each fiscal year state general fund payments for a
district nonoperating fund must be made at 83 77 percent of the
estimated entitlement during the fiscal year of the entitlement. This amount shall be paid in 12 equal
monthly installments. The amount of the
actual entitlement, after adjustment for actual data, minus the payments made
during the fiscal year of the entitlement must be paid prior to October 31 of
the following school year. The
commissioner may make advance payments of debt service equalization aid or
homestead and agricultural credit aid for a district's debt service fund
earlier than would occur under the preceding schedule if the district submits
evidence showing a serious cash flow problem in the fund. The commissioner may make earlier payments
during the year and, if necessary, increase the percent of the entitlement paid
to reduce the cash flow problem.
Sec. 16. Minnesota
Statutes 2002, section 127A.45, subdivision 13, is amended to read:
Subd. 13. [AID PAYMENT
PERCENTAGE.] Except as provided in subdivisions 11, 12, 12a, and 14, each
fiscal year, all education aids and credits in this chapter and chapters 120A,
120B, 121A, 122A, 123A, 123B, 124D, 125A, 125B, 126C, 134, and section
273.1392, shall be paid at fiscal
year of the entitlement. For the
purposes of this subdivision, a district's estimated entitlement for special
education excess cost aid under section 125A.79 equals 70 percent of the
district's entitlement for the second prior fiscal year. The final adjustment payment, according to
subdivision 9, must be the amount of the actual entitlement, after adjustment
for actual data, minus the payments made during the fiscal year of the
entitlement. 83 77 percent of the estimated
entitlement during the
Sec. 17. Minnesota
Statutes 2002, section 127A.45, subdivision 14, is amended to read:
Subd. 14. [NONPUBLIC
AIDS.] The state shall pay aid according to sections 123B.40 to 123B.48 for
pupils attending nonpublic schools as follows:
(1) an advance payment by November 30 equal to 83 77
percent of the estimated entitlement for the current fiscal year; and
(2) a final payment by October 31 of the following fiscal year,
adjusted for actual data.
If a payment advance to meet cash flow needs is requested by a
district and approved by the commissioner, the state shall pay nonpublic pupil
transportation aid according to section 123B.92 by October 31.
Sec. 18. Minnesota
Statutes 2002, section 127A.45, subdivision 14a, is amended to read:
Subd. 14a. [STATE
NUTRITION PROGRAMS.] Notwithstanding subdivision 3, the state shall pay 100
percent of the aid for the current year according to sections 124D.111, 124D.115,
124D.1158, and 124D.118 and 83 percent of the aid for the current
year according to section 124D.1156 based on submitted monthly vouchers
showing meals and milk served. The
remaining 17 percent according to section 124D.1156 shall be paid by October 30
of the following fiscal year.
Sec. 19. Minnesota
Statutes 2002, section 127A.45, subdivision 16, is amended to read:
Subd. 16. [PAYMENTS TO
THIRD PARTIES.] Notwithstanding subdivision 3, 83 77 percent of
the amounts under section 123A.26, subdivision 3, shall be paid in equal
installments on August 30, December 30, and March 30, with a 17 23
percent final adjustment payment on October 30 of the next fiscal year.
Sec. 20. Minnesota
Statutes 2002, section 127A.47, subdivision 7, is amended to read:
Subd. 7. [ALTERNATIVE
ATTENDANCE PROGRAMS.] The general education aid for districts must be adjusted
for each pupil attending a nonresident district under sections 123A.05 to
123A.08, 124D.03, 124D.06, 124D.07, 124D.08, and 124D.68. The adjustments must be made according to
this subdivision.
(a) General education aid paid to a resident district must be
reduced by an amount equal to the referendum equalization aid attributable to
the pupil in the resident district.
(b) General education aid paid to a district serving a pupil in
programs listed in this subdivision must be increased by an amount equal to the
referendum equalization aid attributable to the pupil in the nonresident
district.
(c) If the amount of the reduction to be made from the general
education aid of the resident district is greater than the amount of general
education aid otherwise due the district, the excess reduction must be made
from other state aids due the district.
(d) The district of residence must pay tuition to a district or
an area learning center, operated according to paragraph (e), providing special
instruction and services to a pupil with a disability, as defined in section
125A.02, or a pupil, as defined in section 125A.51, who is enrolled in a
program listed in this subdivision. The
tuition must be
equal to (1) the actual cost of providing special instruction and services to
the pupil, including a proportionate amount for debt service and for capital
expenditure facilities and equipment, and debt service but not including any
amount for transportation, minus (2) the amount of general education revenue
and special education aid but not including any amount for transportation,
attributable to that pupil, that is received by the district providing special
instruction and services.
(e) An area learning center operated by a service cooperative,
intermediate district, education district, or a joint powers cooperative may
elect through the action of the constituent boards to charge the resident
district tuition for pupils rather than to calculate general education
aid adjustments under paragraph (a), (b), or (c). The tuition must be equal to the greater of the average general
education revenue per pupil unit attributable to the pupil, or the actual cost
of providing the instruction, excluding transportation costs, if the pupil
meets the requirements of section 125A.02 or 125A.51 have the general
education revenue paid to a fiscal agent school district. Except as provided in paragraph (d), the
district of residence must pay tuition equal to at least 90 percent
of the district average general education revenue per pupil unit minus
an amount equal to the product of the formula allowance according to
section 126C.10, subdivision 2, times .0485, calculated without basic
skills revenue and transportation sparsity revenue, times the number of
pupil units for pupils attending the area learning center, plus the
amount of compensatory revenue generated by pupils attending the area
learning center.
Sec. 21. Minnesota
Statutes 2002, section 127A.47, subdivision 8, is amended to read:
Subd. 8. [CHARTER
SCHOOLS.] (a) The general education aid for districts must be adjusted for each
pupil attending a charter school under section 124D.10. The adjustments must be made according to
this subdivision.
(b) General education aid paid to a district in which a charter
school not providing transportation according to section 124D.10, subdivision
16, is located must be increased by an amount equal to the product of: (1) the sum of an amount equal to the
product of the formula allowance according to section 126C.10, subdivision 2,
times .0485, plus the transportation sparsity allowance for the district,
plus the transportation transition allowance for the district; times (2)
the pupil units attributable to the pupil.
Sec. 22. Minnesota
Statutes 2002, section 127A.49, subdivision 2, is amended to read:
Subd. 2. [ABATEMENTS.]
Whenever by virtue of chapter 278, sections 270.07, 375.192, or otherwise, the
net tax capacity of any district for any taxable year is changed after the
taxes for that year have been spread by the county auditor and the local tax
rate as determined by the county auditor based upon the original net tax
capacity is applied upon the changed net tax capacities, the county auditor
shall, prior to February 1 of each year, certify to the commissioner of children,
families, and learning education the amount of any resulting net
revenue loss that accrued to the district during the preceding year. Each year,
the commissioner shall pay an abatement adjustment to the district in an amount
calculated according to the provisions of this subdivision. This amount shall be deducted from the
amount of the levy authorized by section 126C.46. The amount of the abatement adjustment must be the product of:
(1) the net revenue loss as certified by the county auditor,
times
(2) the ratio of:
(i) the sum of the amounts of the district's certified levy in
the preceding year according to the following:
(A) section 126C.13 if the district received general education
aid according to that section for the second preceding year;
(B) section 123B.57, if the district received health
and safety aid according to that section for the second preceding year;
(C) sections (B) section 124D.20, 124D.21, and
124D.56, if the district received aid for community education programs
according to any of those sections that section for the second
preceding year;
(D) (C) section 124D.135, subdivision 3, if the
district received early childhood family education aid according to section
124D.135 for the second preceding year; and
(E) (D) section 126C.17, subdivision 6, if the
district received referendum equalization aid according to that section for the
second preceding year; to
(ii) the total amount of the district's certified levy in the
preceding December, plus or minus auditor's adjustments.
Sec. 23. Minnesota
Statutes 2002, section 127A.49, subdivision 3, is amended to read:
Subd. 3. [EXCESS TAX
INCREMENT.] (a) If a return of excess tax increment is made to a district
pursuant to section 469.176, subdivision 2, or upon decertification of a tax
increment district, the school district's aid and levy limitations must be
adjusted for the fiscal year in which the excess tax increment is paid under
the provisions of this subdivision.
(b) An amount must be subtracted from the district's aid for
the current fiscal year equal to the product of:
(1) the amount of the payment of excess tax increment to the
district, times
(2) the ratio of:
(i) the sum of the amounts of the district's certified levy for
the fiscal year in which the excess tax increment is paid according to the
following:
(A) section 126C.13, if the district received general
education aid according to that section for the second preceding year;
(B) section 123B.57, if the district received health and
safety aid according to that section for the second preceding year;
(C) sections (B) section 124D.20, 124D.21, and
124D.56, if the district received aid for community education programs
according to any of those sections that section for the second
preceding year;
(D) (C) section 124D.135, subdivision 3, if the
district received early childhood family education aid according to section
124D.135 for the second preceding year; and
(E) (D) section 126C.17, subdivision 6, if the
district received referendum equalization aid according to that section for the
second preceding year; to
(ii) the total amount of the district's certified levy for the
fiscal year, plus or minus auditor's adjustments.
(c) An amount must be subtracted from the school district's
levy limitation for the next levy certified equal to the difference between:
(1) the amount of the distribution of excess increment; and
(2) the amount subtracted from aid pursuant to clause (a).
If the aid and levy reductions required by this subdivision
cannot be made to the aid for the fiscal year specified or to the levy
specified, the reductions must be made from aid for subsequent fiscal years,
and from subsequent levies. The school
district must use the payment of excess tax increment to replace the aid and
levy revenue reduced under this subdivision.
(d) This subdivision applies only to the total amount of excess
increments received by a district for a calendar year that exceeds $25,000.
Sec. 24. Minnesota
Statutes 2002, section 128D.11, subdivision 8, is amended to read:
Subd. 8. [NET DEBT
LIMIT.] The school district shall not be subject to a net debt in excess of 102
144 percent of the net tax capacity of all taxable property therein.
Sec. 25. Minnesota
Statutes 2002, section 268.052, subdivision 2, is amended to read:
Subd. 2. [ELECTION BY
STATE OR POLITICAL SUBDIVISION TO BE A TAXPAYING EMPLOYER.] (a) The state or
political subdivision excluding a school district may elect to be a
taxpaying employer for any calendar year if a notice of election is filed
within 30 calendar days following January 1 of that calendar year. Upon election, the state or political
subdivision shall be assigned the new employer tax rate under section 268.051,
subdivision 5, for the calendar year of the election and until it qualifies for
an experience rating under section 268.051, subdivision 3.
(b) An election shall be for a minimum period of two calendar
years following the effective date of the election and continue unless a notice
terminating the election is filed not later than 30 calendar days before the
beginning of the calendar year. The
termination shall be effective at the beginning of the next calendar year. Upon election, the commissioner shall
establish a reimbursable account for the state or political subdivision. A termination of election shall be allowed
only if the state or political subdivision has, since the beginning of the
experience rating period under section 268.051, subdivision 3, paid taxes and
made voluntary payments under section 268.051, subdivision 7, equal to or more
than 125 percent of the unemployment benefits used in computing the experience
rating. In addition, any unemployment benefits paid after the experience rating
period shall be transferred to the new reimbursable account of the state or
political subdivision. If the amount of
taxes and voluntary payments paid since the beginning of the experience rating
period exceeds 125 percent of the amount of unemployment benefits paid during
the experience rating period, that amount in excess shall be applied against
any unemployment benefits paid after the experience rating period.
(c) The method of payments to the fund under subdivisions 3 and
4 shall apply to all taxes paid by or due from the state or political
subdivision that elects to be taxpaying employers under this subdivision.
(d) The commissioner may allow a notice of election or a notice
terminating election to be filed by mail or electronic transmission.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 26. Minnesota
Statutes 2002, section 268.052, subdivision 4, is amended to read:
Subd. 4. [METHOD OF
PAYMENT BY POLITICAL SUBDIVISION.] A political subdivision or instrumentality
thereof is authorized and directed to pay its liabilities by money collected
from taxes or other revenues. Every
political subdivision authorized to levy taxes except school districts
may include in its tax levy the amount necessary to pay its liabilities. School districts may levy
according to section 126C.43, subdivision 2. If the taxes authorized to be
levied cause the total amount of taxes levied to exceed any limitation upon the
power of a political subdivision to levy taxes, the political subdivision may
levy taxes in excess of the limitations in the amounts necessary to meet its
liability. The expenditures authorized
shall not be included in computing the cost of government as defined in any
home rule charter. The governing body
of a municipality, for the purpose of meeting its liabilities, in the event of
a deficit, may issue its obligations payable in not more than two years, in an
amount that may cause its indebtedness to exceed any statutory or charter limitations,
without an election, and may levy taxes in the manner provided in section
475.61.
[EFFECTIVE DATE.] This
section is effective for taxes payable in 2004.
Sec. 27. Minnesota
Statutes 2002, section 273.138, subdivision 6, is amended to read:
Subd. 6. The amount of
aid calculated for a school district pursuant to subdivision 3, clauses (2),
(3), (4), and (5) shall be deducted from the school district's general fund
levy limitation established pursuant to section 126C.13 chapters 122A,
123A, 123B, 124D, and 126C in determining the amount of taxes the school
district may levy for general and special purposes.
Sec. 28. Minnesota
Statutes 2002, section 298.28, subdivision 4, is amended to read:
Subd. 4. [SCHOOL
DISTRICTS.] (a) 17.15 cents per taxable ton plus the increase provided in
paragraph (d) must be allocated to qualifying school districts to be
distributed, based upon the certification of the commissioner of revenue, under
paragraphs (b) and (c), except as otherwise provided in paragraph (f).
(b) 3.43 cents per taxable ton must be distributed to the
school districts in which the lands from which taconite was mined or quarried
were located or within which the concentrate was produced. The distribution must be based on the
apportionment formula prescribed in subdivision 2.
(c)(i) 13.72 cents per taxable ton, less any amount distributed
under paragraph (e), shall be distributed to a group of school districts
comprised of those school districts in which the taconite was mined or quarried
or the concentrate produced or in which there is a qualifying municipality as
defined by section 273.134, paragraph (b), in direct proportion to school
district indexes as follows: for each
school district, its pupil units determined under section 126C.05 for the prior
school year shall be multiplied by the ratio of the average adjusted net tax
capacity per pupil unit for school districts receiving aid under this clause as
calculated pursuant to chapters 122A, 126C, and 127A for the school year ending
prior to distribution to the adjusted net tax capacity per pupil unit of the
district. Each district shall receive
that portion of the distribution which its index bears to the sum of the
indices for all school districts that receive the distributions.
(ii) Notwithstanding clause (i), each school district that
receives a distribution under sections 298.018; 298.23 to 298.28, exclusive of
any amount received under this clause; 298.34 to 298.39; 298.391 to 298.396;
298.405; or any law imposing a tax on severed mineral values after reduction
for any portion distributed to cities and towns under section 126C.48,
subdivision 8, paragraph (5), that is less than the amount of its levy
reduction under section 126C.48, subdivision 8, for the second year prior to
the year of the distribution shall receive a distribution equal to the
difference; the amount necessary to make this payment shall be derived from
proportionate reductions in the initial distribution to other school districts
under clause (i).
(d) Any school district described in paragraph (c) where a
levy increase pursuant to section 126C.17, subdivision 9, was authorized by
referendum for taxes payable in 2001, shall receive a distribution from a fund
that receives a distribution in 1998 of 21.3 cents per ton. On July 15 of 1999, and each year
thereafter, the increase over the amount established for the prior year shall
be determined according to the increase in the implicit price deflator as
provided in section 298.24, subdivision 1.
Each district shall receive $175 times the pupil units identified in
section 126C.05, subdivision 1, enrolled in the second previous year or the
1983-1984 school year, whichever is greater, less the product of 1.8 percent
times the district's taxable net tax capacity in the second previous year.
If the total amount provided by paragraph (d) is insufficient
to make the payments herein required then the entitlement of $175 per pupil
unit shall be reduced uniformly so as not to exceed the funds available. Any amounts received by a qualifying school
district in any fiscal year pursuant to paragraph (d) shall not be applied to
reduce general education aid which the district receives pursuant to section
126C.13 or the permissible levies of the district. Any amount remaining after the payments provided in this
paragraph shall be paid to the commissioner of iron range resources and
rehabilitation who shall deposit the same in the taconite environmental
protection fund and the northeast Minnesota economic protection trust fund as
provided in subdivision 11.
Each district receiving money according to this paragraph shall
reserve the lesser of the amount received under this paragraph or
$25 times the number of pupil units served in the district. It may use the money for early childhood
programs or for outcome-based learning programs that enhance the academic
quality of the district's curriculum.
The outcome-based learning programs must be approved by the commissioner
of children, families, and learning education.
(e) There shall be distributed to any school district the
amount which the school district was entitled to receive under section 298.32
in 1975.
(f) Effective for the distribution in 2003 only, five percent
of the distributions to school districts under paragraphs (b), (c), and (e);
subdivision 6, paragraph (c); subdivision 11; and section 298.225, shall be
distributed to the general fund. The
remainder less any portion distributed to cities and towns under section
126C.48, subdivision 8, paragraph (5), shall be distributed to the northeast
Minnesota economic protection trust fund created in section 298.292. Fifty percent of the amount distributed to
the northeast Minnesota economic protection trust fund shall be made available
for expenditure under section 298.293 as governed by section 298.296. Effective in 2003 only, 100 percent of the
distributions to school districts under section 477A.15 less any portion
distributed to cities and towns under section 126C.48, subdivision 8, paragraph
(5), shall be distributed to the general fund.
Sec. 29. Minnesota
Statutes 2002, section 475.61, subdivision 4, is amended to read:
Subd. 4. [SURPLUS
FUNDS.] (a) All such taxes shall be collected and remitted to the municipality
by the county treasurer as other taxes are collected and remitted, and shall be
used only for payment of the obligations on account of which levied or to repay
advances from other funds used for such payments, except that any surplus
remaining in the debt service fund when the obligations and interest thereon
are paid may be appropriated to any other general purpose by the municipality.
However, the amount of any surplus remaining in the debt service fund of a
school district when the obligations and interest thereon are paid shall be
used to reduce the general education fund levy authorized
pursuant to section 126C.13 chapters 122A, 123A, 123B, 124D,
and 126C and the state aids authorized pursuant to chapters 122A, 123A,
123B, 124D, 125A, 126C, and 127A.
(b) The reduction to state aids equals the lesser of (1) the
amount of the surplus times the ratio of the district's debt service
equalization aid to the district's debt service equalization revenue for the
last year that the district qualified for debt service equalization aid; or (2)
the district's cumulative amount of debt service equalization aid.
(c) The reduction to the general education fund
levy equals the total amount of the surplus minus the reduction to state aids.
Sec. 30. Laws 1965,
chapter 705, as amended by Laws 1975, chapter 261, section 4; Laws 1980,
chapter 609, article 6, section 37; and Laws 1989, chapter 329, article 13,
section 18, is amended to read:
Sec. 6. [ST. PAUL
SEVERANCE LEVY.] The school board of independent school district No.
625, St. Paul, for the purpose of providing moneys for the payment of its
severance pay obligations under a plan approved by resolution of the district,
in addition to all other powers possessed by the school district and in
addition to and in excess of any existing limitation upon the amount it is
otherwise authorized by law to levy as taxes, is authorized to levy taxes
annually not exceeding in any one year an amount equal to a gross tax
capacity rate of .17 percent for taxes payable in 1990 or a net tax
capacity rate of .21 .34 percent for taxes payable in 1991
2002 and thereafter upon all taxable property within the school district
which taxes as levied shall be spread upon the tax rolls, and all corrections
thereof shall be held by the school district, and allocated therefor to be disbursed
and expended by the school district in payment of any public school severance
pay obligations and for no other purpose.
Disbursements and expenditures previously authorized on behalf of the
school district for payment of severance pay obligations shall not be deemed to
constitute any part of the cost of the operation and maintenance of the school
district within the meaning of any statutory limitation of any school district
expenditures.
The amount of such severance pay allowable or to become payable
in respect of any such employment or to any such employee shall not exceed the
amount permitted by Minnesota Statutes, Section 465.72.
[EFFECTIVE DATE.] This
section is effective retroactively for taxes payable in 2002 and
thereafter.
Sec. 31. [APPROPRIATIONS.]
Subdivision 1.
[DEPARTMENT OF EDUCATION.] The sums indicated in this section
are appropriated from the general fund to the department of education
for the fiscal years designated.
Subd. 2. [SCHOOL
LUNCH.] (a) For school lunch aid according to Minnesota Statutes,
section 124D.111, and Code of Federal Regulations, title 7, section
210.17:
$7,800,000 . . . . . 2004
$7,950,000
. . . . .
2005
Subd. 3.
[TRADITIONAL SCHOOL BREAKFAST; KINDERGARTEN MILK.] For traditional
school breakfast aid and kindergarten milk under Minnesota Statutes,
sections 124D.1158 and 124D.118:
$3,088,000
. . . . .
2004
$3,217,000
. . . . .
2005
Subd. 4. [FAST
BREAK TO LEARNING BREAKFAST.] For fast break to learning breakfast
under Minnesota Statutes, section 124D.1156:
$747,000
. . . . .
2004
The 2004 appropriation includes $747,000 for 2003 and $0
for 2004.
Subd. 5. [SUMMER
SCHOOL SERVICE REPLACEMENT AID.] For summer food service replacement
aid under Minnesota Statutes, section 124D.119:
$150,000
. . . . .
2004
$150,000
. . . . .
2005
Sec. 32. [REVISOR INSTRUCTION.]
In the next and subsequent editions of Minnesota Statutes,
the revisor shall codify section 30 as Minnesota Statutes, section
126C.41, subdivision 5.
Sec. 33. [REPEALER.]
Minnesota Statutes 2002, sections 124D.115; 124D.1156; and
127A.41, subdivision 6, are repealed.
ARTICLE
6
LIBRARIES
Section 1.
[APPROPRIATIONS.]
Subdivision 1.
[DEPARTMENT OF EDUCATION.] The sums indicated in this section
are appropriated from the general fund to the department of education
for the fiscal years designated.
Subd. 2. [BASIC
SUPPORT.] For basic support grants according to Minnesota Statutes,
sections 134.32 to 134.35:
$8,979,000
. . . . .
2004
$9,770,000
. . . . .
2005
The 2004 appropriation includes $1,456,000 for 2003 and $7,523,000
for 2004.
The 2005 appropriation includes $2,247,000 for 2004 and $7,523,000
for 2005.
Subd. 3. [MULTICOUNTY,
MULTITYPE LIBRARY SYSTEMS.] For grants according to Minnesota
Statutes, sections 134.353 and 134.354, to multicounty, multitype
library systems:
$849,000
. . . . .
2004
$903,000
. . . . .
2005
The 2004 appropriation includes $153,000 for 2003 and $696,000
for 2004.
The 2005 appropriation includes $207,000 for 2004 and $696,000
for 2005.
Subd. 4.
[ELECTRONIC LIBRARY FOR MINNESOTA.] For statewide licenses to
on-line databases selected in cooperation with the higher education
services office for school media centers, public libraries, state
government agency libraries, and public or private college or university
libraries:
$400,000
. . . . .
2004
$400,000
. . . . .
2005
Any balance in the first year does not cancel but is available
in the second year.
ARTICLE
7
EARLY
CHILDHOOD FAMILY SUPPORT
Section 1. Minnesota
Statutes 2002, section 119A.52, is amended to read:
119A.52 [DISTRIBUTION OF APPROPRIATION AND PROGRAM COORDINATION.]
Subdivision 1.
[DISTRIBUTION OF APPROPRIATION; WORK PLAN.] (a) The commissioner
of children, families, and learning education must distribute
money appropriated for that purpose to Head Start program grantees to expand
services and to serve additional low-income children. Money must be allocated to each project Head Start grantee in
existence on the effective date of Laws 1989, chapter 282. Migrant and Indian reservation grantees must
be initially allocated money based on the grantees' share of federal
funds. The remaining money must be
initially allocated to the remaining local agencies based equally on the
agencies' share of federal funds and on the proportion of eligible children in
the agencies' service area who are not currently being served. A Head Start grantee must be funded at a per
child rate equal to its contracted, federally funded base level for program
accounts 20, 22, and 25 at the start of the fiscal year. In allocating funds under this paragraph,
the commissioner of children, families, and learning education
must assure that each Head Start grantee is allocated no less funding in any
fiscal year than was allocated to that grantee in fiscal year 1993. The commissioner may provide additional
funding to grantees for start-up costs incurred by grantees due to the
increased number of children to be served.
Before paying money to the grantees, the commissioner must notify each
grantee of its initial allocation, how the money must be used, and the number
of low-income children that must be served with the allocation. Each grantee must notify present a
work plan to the commissioner of for approval. The work plan must include the estimated
number of low-income children and families it will be able to serve,
a description of the program design and service delivery area which
meets the needs of and encourages access by low-income working families,
a program design that ensures fair and equitable access to Head Start
services for all populations and parts of the service area, and a plan
for coordinating services to maximize assistance for child care costs
available to families under chapter 119B. For any grantee that cannot utilize its full allocation, the
commissioner must reduce the allocation proportionately. Money available after the initial allocations
are reduced must be redistributed to eligible grantees.
(b) Up to 11 percent of the funds appropriated annually may
be used to provide grants to local Head Start agencies to provide funds for
innovative programs designed either to target Head Start resources to
particular at-risk groups of children or to provide services in addition to
those currently allowable under federal Head Start regulations. The commissioner must award funds for
innovative programs under this paragraph on a competitive basis.
Subd. 2.
[PROGRAM COORDINATION.] Each Head Start grantee must submit a
plan, as part of the work plan requirement in subdivision 1, to
coordinate and maximize use of existing public and private community
resources and reduce duplication of services.
Sec. 2. Minnesota
Statutes 2002, section 124D.13, subdivision 2, is amended to read:
Subd. 2. [PROGRAM
CHARACTERISTICS.] Early childhood family education programs are programs for
children in the period of life from birth to kindergarten, for the parents of
such children, and for expectant parents.
The To the extent that funds are insufficient to
provide programs for all children, early childhood family education
programs should emphasize programming for a child from birth to age
three and encourage parents to involve four- and five-year-old children
in school readiness programs, and other public and nonpublic early learning
programs. Early childhood family
education programs may include the following:
(1) programs to educate parents about the physical, mental, and
emotional development of children;
(2) programs to enhance the skills of
parents in providing for their children's learning and development;
(3) learning experiences for children and parents that promote
children's development;
(4) activities designed to detect children's physical, mental,
emotional, or behavioral problems that may cause learning problems;
(5) activities and materials designed to encourage self-esteem,
skills, and behavior that prevent sexual and other interpersonal violence;
(6) educational materials which may be borrowed for home use;
(7) information on related community resources;
(8) programs to prevent child abuse and neglect;
(9) other programs or activities to improve the health,
development, and school readiness of children; or
(10) activities designed to maximize development during
infancy.
The programs must not include activities for children that do
not require substantial involvement of the children's parents. The programs must be reviewed periodically
to assure the instruction and materials are not racially, culturally, or
sexually biased. The programs must
encourage parents to be aware of practices that may affect equitable
development of children.
Sec. 3. Minnesota
Statutes 2002, section 124D.13, subdivision 4, is amended to read:
Subd. 4. [HOME VISITING
PROGRAM.] (a) The commissioner A district that levies for home
visiting under section 124D.135, subdivision 6, shall use this
revenue to include as part of the early childhood family education programs
a parent education component to prevent child abuse and neglect. This parent education component must
include:
(1) expanding statewide the home visiting component of the
early childhood family education programs;
(2) training parent educators, child educators, community
outreach workers, and home visitors in the dynamics of child abuse and neglect
and positive parenting and discipline practices; and
(3) developing and disseminating education and public
information materials that promote positive parenting skills and prevent child
abuse and neglect.
(b) The parent education component must:
(1) offer to isolated or at-risk families home visiting
parent education services that at least address parenting skills, a child's
development and stages of growth, communication skills, managing stress,
problem-solving skills, positive child discipline practices, methods of
improving parent-child interactions and enhancing self-esteem, using community
support services and other resources, and encouraging parents to have fun with
and enjoy their children;
(2) develop a that is designed to reach isolated or
at-risk families.
The home visiting program must use:
(1) an established risk
assessment tool to determine the family's level of risk;
(3) (2) establish clear objectives and protocols
for home visits;
(4) determine the frequency and duration of home visits
based on a risk-need assessment of the client, with home visits beginning in
the second trimester of pregnancy and continuing, based on client need, until a
child is six years old;
(5) (3) encourage families to make a transition
from home visits to site-based parenting programs to build a family support
network and reduce the effects of isolation;
(6) develop and distribute education materials on preventing
child abuse and neglect that may be used in home visiting programs and parent
education classes and distributed to the public;
(7) initially provide at least 40 hours of training and
thereafter ongoing training for parent educators, child educators, community
outreach workers, and home visitors that covers the dynamics of child abuse and
neglect, domestic violence and victimization within family systems, signs of
abuse or other indications that a child may be at risk of being abused or
neglected, what child abuse and neglect are, how to properly report cases of
child abuse and neglect, respect for cultural preferences in child rearing,
what community resources, social service agencies, and family support
activities and programs are available, child development and growth, parenting
skills, positive child discipline practices, identifying stress factors and
techniques for reducing stress, home visiting techniques, and risk assessment
measures;
(8) (4) provide program services that are
community-based, accessible, and culturally relevant; and
(9) (5) foster collaboration among existing
agencies and community-based organizations that serve young children and their
families.
(c) Home visitors should reflect the demographic
composition of the community the home visitor is serving to the extent
possible.
Sec. 4. Minnesota
Statutes 2002, section 124D.13, subdivision 8, is amended to read:
Subd. 8.
[COORDINATION.] (a) A district is encouraged to coordinate the
program with its special education and vocational education programs and with
related services provided by other governmental agencies and nonprofit
agencies. must describe strategies to coordinate and maximize
public and private community resources and reduce duplication of
services.
(b) A district is encouraged to coordinate adult basic
education programs provided to parents and early childhood family education
programs provided to children to accomplish the goals of section 124D.895.
Sec. 5. Minnesota
Statutes 2002, section 124D.13, subdivision 11, is amended to read:
Subd. 11. [TEACHERS.] A
school board must employ necessary qualified teachers or instructors
for its early childhood family education programs.
Sec. 6. Minnesota
Statutes 2002, section 124D.135, subdivision 1, is amended to read:
Subdivision 1.
[REVENUE.] The revenue for early childhood family education programs for
a school district equals $113.50 for fiscal years 2000 and 2001 and $120
for 2002 and later fiscal years for fiscal years 2003 and 2004 and
$105 for fiscal year 2005 and later, times the greater of:
(1) 150; or
(2) the number of people under five years of age residing in
the district on October 1 of the previous school year.
Sec. 7. Minnesota
Statutes 2002, section 124D.135, subdivision 8, is amended to read:
Subd. 8. [RESERVE
ACCOUNT LIMIT.] (a) Under this section, the average balance, during the most
recent three-year period in a district's early childhood family education
reserve account on June 30 of each year, adjusted for any prior reductions
under this subdivision, must not be greater than 25 percent of the sum of
the district's maximum early childhood family education annual
revenue under subdivision 1, excluding adjustments under this
subdivision, plus any fees, grants, or other revenue received by the
district for early childhood family education programs for the prior
year.
(b) If a district's adjusted average early childhood
family education reserve over the three-year period is in excess of 25
percent of the prior year annual revenue the limit under paragraph
(a), the district's early childhood family education state aid and levy
authority for the current school year must be reduced by the lesser of the
current year revenue under subdivision 1 or the excess reserve
amount. The aid reduction equals the
product of the lesser of the excess reserve amount or the
current year revenue under subdivision 1 times the ratio of the district's
aid for the prior current year under subdivision 4 to the
district's revenue for the prior current year under subdivision
1. The levy reduction equals the excess
reserve amount minus the aid reduction.
The commissioner must reallocate aid and levy reduced under this
subdivision to other eligible early childhood family education programs in
proportion to each district's revenue for the prior year under subdivision 1. For purposes of this paragraph, if a
district does not levy the entire amount permitted under subdivision 3,
the revenue under subdivision 1 must be reduced in proportion to the
actual amount levied.
(b) (c) Notwithstanding paragraph (a), for fiscal
year 2003, the excess reserve amount shall be computed using the balance in a
district's early childhood family education reserve account on June 30,
2002. For fiscal year 2004, the excess
reserve amount shall be computed using the adjusted average balance in a
district's early childhood family education reserve account on June 30, 2002,
and June 30, 2003.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2003.
Sec. 8. Minnesota
Statutes 2002, section 124D.15, subdivision 7, is amended to read:
Subd. 7. [ADVISORY
COUNCIL.] Each school readiness program must have an advisory council composed
of members of existing early education-related boards, parents of participating
children, child care providers, culturally specific service organizations,
local resource and referral agencies, local early intervention
committees, and representatives of early childhood service providers. The council must advise the board in
creating and administering the program and must monitor the progress of the
program. The council must ensure that
children at greatest risk receive appropriate services. If the board is unable to appoint to the
advisory council members of existing early education-related boards, it must
appoint parents of children enrolled in the program who represent the racial,
cultural, and economic diversity of the district and representatives of early
childhood service providers as representatives to an existing advisory council.
Sec. 9. Minnesota
Statutes 2002, section 124D.16, subdivision 1, is amended to read:
Subdivision 1. [PROGRAM
REVIEW AND APPROVAL.] A school district shall biennially by May 1 submit to the
commissioners of children, families, and learning education and
health the program plan required under this subdivision. As determined by the commissioners, one-half
of the districts shall first submit the plan by May 1 of the 2000-2001 school year
and one-half of the districts shall first submit the plan by May 1 of the
2001-2002 school year. The program plan
must include:
(1) a description of the services to be provided;
(2) a plan to ensure children at greatest risk receive
appropriate services;
(3) a description of procedures and methods to be used
strategies to coordinate and maximize public and private community
resources to maximize use of existing community resources, including school
districts, health care facilities, government agencies, neighborhood
organizations, and other resources knowledgeable in early childhood development
and reduce duplication of services;
(4) comments about the district's proposed program by the
advisory council required by section 124D.15, subdivision 7; and
(5) agreements with all participating service providers.
Each commissioner may review and comment on the program, and
make recommendations to the commissioner of children, families, and learning
education, within 30 90 days of receiving the plan.
Sec. 10. Minnesota
Statutes 2002, section 124D.16, subdivision 6, is amended to read:
Subd. 6. [RESERVE
ACCOUNT LIMIT.] (a) Under this section, the average balance, during the most
recent three-year period, in a district's school readiness reserve account on
June 30 of each year, adjusted for any prior reductions under this subdivision,
must not be greater than 25 percent of the district's school readiness annual
revenue for the prior year, excluding adjustments under this
subdivision.
(b) If a district's adjusted average school readiness
reserve over the three-year period is in excess of 25 percent of the prior
year annual revenue the limit under paragraph (a), the district's
current year school readiness state aid must be reduced by the lesser of the
excess reserve amount or the current year aid. The commissioner must reallocate aid
reduced under this subdivision to other eligible school readiness programs in
proportion to each district's aid for the prior year under subdivision 2.
(b) (c) Notwithstanding paragraph (a), for fiscal
year 2003, the excess reserve amount shall be computed using the balance in a
district's school readiness reserve account on June 30, 2002. For fiscal year 2004, the excess reserve
amount shall be computed using the adjusted average balance in a district's
school readiness reserve account on June 30, 2002, and June 30, 2003.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2003.
Sec. 11. [EARLY
CHILDHOOD PROGRAMS FOR LOW-INCOME CHILDREN.]
The commissioner of education, in order to expand services
to low-income children between the ages of three and five, must consider
redistributing state funds currently appropriated to Head Start grantees
to various qualifying early childhood program providers. The commissioner must explore eligibility
criteria and requirements for awarding grants to early childhood program
providers throughout the state, including Head Start grantees, that
deliver services to low-income children in unserved and underserved
areas, demonstrate relevant experience with young children, and include
a strong early learning component in their program. The commissioner by February 15, 2004,
must report the commissioner's findings about redistributing state funds
currently appropriated to Head Start grantees to various qualifying
early childhood program providers to the committees of the legislature
having jurisdiction over kindergarten through grade 12 education policy
and finance.
Sec. 12.
[APPROPRIATIONS.]
Subdivision 1.
[DEPARTMENT OF EDUCATION.] The sums indicated in this section
are appropriated from the general fund to the department of education
for the fiscal years designated.
Subd. 2.
[SCHOOL READINESS.] For revenue for school readiness programs
under Minnesota Statutes, sections 124D.15 and 124D.16:
$9,239,000
. . . . .
2004
$9,283,000
. . . . .
2005
The 2004 appropriation includes $1,605,000 for 2003 and $7,634,000
for 2004.
The 2005 appropriation includes $2,279,000 for 2004 and $7,004,000
for 2005.
Subd. 3. [EARLY
CHILDHOOD FAMILY EDUCATION AID.] For early childhood family education
aid under Minnesota Statutes, section 124D.135:
$19,059,000
. . . . .
2004
$17,862,000
. . . . .
2005
The 2004 appropriation includes $3,239,000 for 2003 and $15,820,000
for 2004.
The 2005 appropriation includes $4,725,000 for 2004 and $13,137,000
for 2005.
Subd. 4. [HEALTH
AND DEVELOPMENTAL SCREENING AID.] For health and developmental
screening aid under Minnesota Statutes, sections 121A.17 and 121A.19:
$2,501,000
. . . . .
2004
$2,661,000
. . . . .
2005
The 2004 appropriation includes $452,000 for 2003 and $2,049,000
for 2004.
The 2005 appropriation includes $612,000 for 2004 and $2,049,000
for 2005.
Subd. 5. [HEAD
START PROGRAM.] For Head Start programs under Minnesota Statutes,
section 119A.52:
$16,475,000
. . . . .
2004
$12,000,000
. . . . .
2005
Sec. 13. [REPEALER.]
Minnesota Statutes 2002, section 124D.17, is repealed.
ARTICLE
8
PREVENTION
Section 1. Minnesota
Statutes 2002, section 124D.19, subdivision 3, is amended to read:
Subd. 3. [COMMUNITY
EDUCATION DIRECTOR.] (a) Except as provided under paragraphs (b) and (c), each
board shall employ a licensed community education director. The board shall submit the name of the
person who is serving as director of community education under this section on
the district's annual community education report to the commissioner.
(b) A board may apply to the commissioner Minnesota
board of school administrators under Minnesota Rules, part
3512.3500, subpart 9, for authority to use an individual who is not licensed as
a community education director.
(c) A board of a district with a total population of 2,000 or
less may identify an employee who holds a valid Minnesota principal or
superintendent license under Minnesota Rules, chapter 3512, to serve as
director of community education. To be
eligible for an exception under this paragraph, the board shall certify in
writing to the commissioner that the district has not placed a licensed
director of community education on unrequested leave.
Sec. 2. Minnesota
Statutes 2002, section 124D.20, subdivision 3, is amended to read:
Subd. 3. [GENERAL
COMMUNITY EDUCATION REVENUE.] The general community education revenue for a
district equals $5.95 for fiscal year 2003 and 2004 and $5.23 for fiscal
year 2005 and later, times the greater of 1,335 or the population of
the district. The population of the
district is determined according to section 275.14.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2005.
Sec. 3. Minnesota
Statutes 2002, section 124D.20, subdivision 5, is amended to read:
Subd. 5. [TOTAL
COMMUNITY EDUCATION LEVY.] To obtain total community education revenue, a
district operating a youth after-school enrichment program under section
124D.19, subdivision 12, may levy the amount raised by a maximum tax rate
of .7431 .985 percent times the adjusted net tax capacity of the
district. To obtain total community
education revenue, a district not operating a youth after-school enrichment
program may levy the amount raised by a maximum tax rate of .4795 percent times
the adjusted net tax capacity of the district. If the amount of the total community education levy would exceed
the total community education revenue, the total community education levy shall
be determined according to subdivision 6.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2005.
Sec. 4. Minnesota
Statutes 2002, section 124D.20, is amended by adding a subdivision to read:
Subd. 11.
[RESERVE ACCOUNT LIMIT.] (a) Under this section, the sum of
the average balances during the most recent three-year period in a
district's community education reserve account and
unreserved/undesignated community service fund account on June 30 of
each year, adjusted for any prior reductions under this subdivision,
must not be greater than 25 percent of the sum of the district's maximum
total community education revenue under subdivision 1, excluding
adjustments under this subdivision, plus the district's additional
community education levy under section 124D.21, plus any fees, grants,
or other revenue received by the district for community education programs
for the prior year. For purposes of
this paragraph, "community education programs" means programs
according to subdivisions 8, paragraph (a), and 9, and section 124D.19,
subdivision 12, excluding early childhood family education programs
under section 124D.13, school readiness programs under sections 124D.15
and 124D.17, and adult basic education programs under section 124D.52.
(b) If the sum of the average balances during the most recent
three-year period in a district's community education reserve account
and unreserved/undesignated community service fund account on June 30 of
each year, adjusted for any prior reductions under this subdivision, is
in excess of the limit under paragraph (a), the district's community
education state aid and levy authority for the current school year must
be reduced by the lesser of the current year revenue under subdivision
1 or the excess reserve amount. The aid
reduction equals the product of the lesser of the excess reserve amount
or the current year revenue under subdivision 1 times the ratio of the
district's aid for the current year under subdivision 7 to the
district's revenue for the current year under subdivision 1. The levy reduction equals the excess reserve
amount minus the aid reduction.
For purposes of this paragraph, if a district does not levy the
entire amount permitted under subdivision 5 or 6, the revenue under
subdivision 1 must be reduced in proportion to the actual amount levied.
(c) Notwithstanding paragraph (a), for fiscal year 2003,
the excess reserve amount shall be computed using the balances in a
district's community education reserve account and unreserved/undesignated
community service fund account on June 30, 2002. For fiscal year 2004, the excess reserve
amount shall be computed using the adjusted average balances in a
district's community education reserve account and
unreserved/undesignated community service fund account on June 30, 2002,
and June 30, 2003.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2003.
Sec. 5. Minnesota
Statutes 2002, section 124D.20, is amended by adding a subdivision to read:
Subd. 12.
[WAIVER.] (a) If a district anticipates that the reserve
account may exceed the 25 percent limit established under subdivision 11
because of extenuating circumstances, prior approval to exceed the limit
must be obtained in writing from the commissioner.
(b) Notwithstanding paragraph (a), for fiscal year 2003, a
district may submit a waiver request within 30 days of the date of final
enactment.
[EFFECTIVE DATE.] This
section is effective the day following final enactment for revenue for
fiscal year 2003.
Sec. 6. Minnesota
Statutes 2002, section 124D.22, subdivision 3, is amended to read:
Subd. 3. [SCHOOL-AGE
CARE LEVY.] To obtain school-age care revenue, a school district may levy an
amount equal to the district's school-age care revenue as defined in
subdivision 2 multiplied by the lesser of one, or the ratio of the quotient
derived by dividing the adjusted net tax capacity of the district for the year
before the year the levy is certified by the resident pupil units in the
district for the school year to which the levy is attributable, to $3,280
$2,433.
Sec. 7.
[APPROPRIATIONS.]
Subdivision 1.
[DEPARTMENT OF EDUCATION.] The sums indicated in this section
are appropriated from the general fund to the department of education
for the fiscal years designated.
Subd. 2.
[COMMUNITY EDUCATION AID.] For community education aid under
Minnesota Statutes, section 124D.20:
$5,325,000
. . . . .
2004
$3,491,000
. . . . .
2005
The 2004 appropriation includes $956,000 for 2003 and $4,369,000
for 2004.
The 2005 appropriation includes $1,304,000 for 2004 and $2,187,000
for 2005.
Subd. 3. [ADULTS
WITH DISABILITIES PROGRAM AID.] For adults with disabilities programs
under Minnesota Statutes, section 124D.56:
$667,000
. . . . .
2004
$710,000
. . . . .
2005
The 2004 appropriation includes $120,000 for 2003 and $547,000
for 2004.
The 2005 appropriation includes $163,000 for 2004 and $547,000
for 2005.
Subd. 4. [HEARING-IMPAIRED ADULTS.] For programs
for hearing-impaired adults under Minnesota Statutes, section 124D.57:
$70,000
. . . . .
2004
$70,000
. . . . . 2005
Subd. 5. [ABUSED
CHILDREN.] For abused children programs under Minnesota Statutes,
section 119A.21:
$945,000
. . . . .
2004
$945,000
. . . . .
2005
Subd. 6.
[SCHOOL-AGE CARE REVENUE.] For extended day care aid under
Minnesota Statutes, section 124D.22:
$40,000
. . . . .
2004
$23,000
. . . . .
2005
The 2004 appropriation includes $14,000 for 2003 and $26,000
for 2004.
The 2005 appropriation includes $7,000 for 2004 and $16,000
for 2005.
Sec. 8. [REPEALER.]
Minnesota Statutes 2002, sections 120B.23; 124D.21; 124D.221;
124D.93; and 144.401, subdivision 5, are repealed.
ARTICLE
9
SELF-SUFFICIENCY
AND LIFE LONG LEARNING
Section 1. Minnesota
Statutes 2002, section 124D.52, subdivision 1, is amended to read:
Subdivision 1. [PROGRAM
REQUIREMENTS.] (a) An adult basic education program is a day or evening
program offered by a district that is for people over 16 years of age who do
not attend an elementary or secondary school.
The program offers academic instruction necessary to earn a high school
diploma or equivalency certificate. Tuition
and fees may not be charged to a learner for instruction paid under this
section, except for
(b) Notwithstanding any law to the contrary, a school board
or the governing body of a consortium offering an adult basic education
program may adopt a sliding fee schedule based on a family's income, but
must waive the fee for participants who are under the age of 21 or
unable to pay. The fees charged must be
designed to enable individuals of all socioeconomic levels to participate
in the program. A program may charge
a security deposit to assure return of materials, supplies, and equipment.
(c) Each approved adult basic education program must
develop a memorandum of understanding with the local workforce development
centers located in the approved program's service delivery area. The memorandum of understanding must
describe how the adult basic education program and the workforce development
centers will cooperate and coordinate services to provide unduplicated,
efficient, and effective services to clients.
(d) Adult basic education aid must be spent for adult
basic education purposes as specified in sections 124D.518 to 124D.531.
Sec. 2. Minnesota Statutes 2002, section 124D.52, subdivision 3, is
amended to read:
Subd. 3. [ACCOUNTS;
REVENUE; AID.] (a) Each district, group of districts, or private
nonprofit organization providing adult basic education programs must establish
and maintain accounts separate from all other district accounts a
reserve account within the community service fund for the receipt and
disbursement of all funds related to these programs. All revenue received pursuant to this section must be utilized
solely for the purposes of adult basic education programs. State aid must not equal more than 100
percent of the unreimbursed expenses of providing these programs, excluding
in-kind costs.
(b) Notwithstanding section 123A.26 or any other law to the
contrary, an adult basic education consortium providing an approved
adult basic education program may be its own fiscal agent and is
eligible to receive state-aid payments directly from the commissioner.
Sec. 3. Minnesota
Statutes 2002, section 124D.531, subdivision 1, is amended to read:
Subdivision 1. [STATE
TOTAL ADULT BASIC EDUCATION AID.] (a) The state total adult basic education aid
for fiscal year 2001 2004 equals $30,157,000 $34,388,000. The state total adult basic education
aid for fiscal year 2005 and later is $36,509,000. The state total adult basic education aid
for later years equals:
(1) the state total adult basic education aid for the
preceding fiscal year; times
(2) the lesser of:
(i) 1.08, or
(ii) the greater of 1.00 or the ratio of the state total
contact hours in the first prior program year to the state total contact hours
in the second prior program year.
Beginning in fiscal year 2002, two percent of the state total adult
basic education aid must be set aside for adult basic education supplemental
service grants under section 124D.522.
(b) The state total adult basic education aid, excluding basic
population aid, equals the difference between the amount computed in paragraph
(a), and the state total basic population aid under subdivision 2.
Sec. 4. Minnesota
Statutes 2002, section 124D.531, subdivision 2, is amended to read:
Subd. 2. [BASIC
POPULATION AID.] A district is eligible for basic population aid if the
district has a basic service level approved by the commissioner under section
124D.52, subdivision 5, or is a member of a consortium with an approved basic
service level. Basic population aid is
equal to the greater of $4,000 $3,844 or $1.80 $1.73
times the population of the district.
District population is determined according to section 275.14.
Sec. 5. Minnesota
Statutes 2002, section 124D.531, subdivision 4, is amended to read:
Subd. 4. [ADULT BASIC
EDUCATION PROGRAM AID LIMIT.] (a) Notwithstanding subdivisions 2 and 3, the
total adult basic education aid for a program per prior year contact hour must
not exceed four times the rate $21 per prior year contact hour
computed under subdivision 3, clause (2).
(b) For fiscal year 2004, the aid for a program under subdivision
3, clause (2), adjusted for changes in program membership, must not
exceed the aid for that program under subdivision 3, clause (2), for
fiscal year 2003 by more than the greater of eight percent or $10,000.
(c) For fiscal year 2005, the aid
for a program under subdivision 3, clause (2), adjusted for changes in
program membership, must not exceed the sum of the aid for that program
under subdivision 3, clause (2), and section 8, paragraph (a), for
the preceding fiscal year by more than the greater of eight percent or
$10,000.
(d) For fiscal year 2002 2006 and later,
the aid for a program under subdivision 3, clause (2), adjusted for changes in
program membership, must not exceed the aid for that program under subdivision
3, clause (2), for the first preceding fiscal year by more than the greater of 17
eight percent or $20,000 $10,000.
(c) (d) Adult basic education aid is payable to a
program for unreimbursed costs.
Sec. 6. Minnesota
Statutes 2002, section 124D.531, subdivision 7, is amended to read:
Subd. 7. [PROGRAM
AUDITS.] Programs that receive aid under this section must maintain records
that support the aid payments. The
commissioner may audit these records upon request. The commissioner must establish procedures for conducting fiscal
audits of adult basic education programs according to the schedule in this
subdivision. In calendar year 2003, the
commissioner must audit one-half of approved adult basic education programs
that received aid for fiscal year 2002, and in calendar year 2004, the
commissioner must audit the remaining unaudited programs for aid received in
fiscal year 2003. Beginning with fiscal
year 2005, the commissioner must, at a minimum, audit each adult basic
education program once every five years.
The commissioner must establish procedures to reconcile any discrepancies
between aid payments based on information reported to the commissioner and aid
estimates based on a program audit.
Sec. 7. [ADULT BASIC
EDUCATION PROGRAM APPROVAL AND AID, FISCAL YEAR 2004.]
(a) Notwithstanding Minnesota Statutes 2002, section 124D.54,
subdivision 2, a district or consortium of districts that provided a
program funded under Minnesota Statutes 2002, section 124D.54, in fiscal
year 2003 may request an extension of the application deadline for
approval of an adult basic education program for fiscal year 2004.
(b) For purposes of computing the fiscal year 2005 adult
basic education aid for a program under Minnesota Statutes, section
124D.531, subdivision 3, clause (2), the contact hours for students
participating in the program during the first prior program year must be
increased by 17 percent of the adult graduation aid average daily
attendance for fiscal year 2002.
Sec. 8. [ADULT BASIC
EDUCATION TRANSITION AID.]
(a) For fiscal year 2004, adult basic education transition
aid for each qualifying district equals the district's adult high
school graduation aid for fiscal year 2002.
This aid amount must be used to provide an adult basic education
program under Minnesota Statutes, section 124D.52. To qualify for aid under this section
a district must establish or join an approved adult basic education
program according to Minnesota Statutes, section 124D.52, subdivision 2.
(b) For fiscal year 2005, the adult high school graduation
aid program is eliminated.
Sec. 9. [APPROPRIATIONS.]
Subdivision 1.
[DEPARTMENT OF EDUCATION.] The sums indicated in this section
are appropriated from the general fund to the department of education
for the fiscal years designated.
Subd. 2. [ADULT BASIC EDUCATION AID.] For adult
basic education aid under Minnesota Statutes, section 124D.52, in fiscal
year 2004 and Minnesota Statutes, section 124D.531, in fiscal year 2005:
$32,131,000
. . . . .
2004
$35,758,000
. . . . .
2005
The 2004 appropriation includes $5,905,000 for 2003 and $26,226,000
for 2004.
The 2005 appropriation includes $7,833,000 for 2004 and $27,925,000
for 2005.
Subd. 3. [ADULT
GRADUATION AID.] For adult graduation aid under Minnesota Statutes,
section 124D.54:
$396,000 . . . . . 2004
Subd. 4. [ADULT
BASIC EDUCATION TRANSITION AID.] (a) For adult basic transition aid
under section 8:
$1,634,000
. . . . .
2004
$488,000
. . . . .
2005
The 2004 appropriation includes $1,634,000 for 2004.
The 2005 appropriation includes $488,000 for 2004 and $0
for 2005.
Subd. 5. [GED
TESTS.] For payment of 60 percent of the costs of GED tests under
Laws 1993, chapter 224, article 4, section 44, subdivision 10:
$125,000
. . . . .
2004
$125,000
. . . . .
2005
Subd. 6. [FAMILY
ASSETS FOR INDEPENDENCE.] For family assets for independence:
$500,000
. . . . .
2004
Any balance in the first year does not cancel but is available
in the second year.
Sec. 10. [REPEALER.]
Minnesota Statutes 2002, sections 124D.09, subdivision 15;
124D.54; and 126C.05, subdivision 12, are repealed.
ARTICLE
10
STATE
AGENCIES
Section 1. Minnesota
Statutes 2002, section 15.01, is amended to read:
15.01 [DEPARTMENTS OF THE STATE.]
The following agencies are designated as the departments of the
state government: the department of
administration; the department of agriculture; the department of commerce; the
department of corrections; the department of trade
and economic development; the department of finance; the department of health;
the department of human rights; the department of labor and industry; the
department of military affairs; the department of natural resources; the
department of employee relations; the department of public safety; the
department of human services; the department of revenue; the department of
transportation; the department of veterans affairs; and their successor
departments. children, families, and
learning education; the department of economic security; the
department of
Sec. 2. Minnesota
Statutes 2002, section 119A.01, subdivision 2, is amended to read:
Subd. 2.
[ESTABLISHMENT.] The department of children, families, and learning
education is established.
Sec. 3. Minnesota
Statutes 2002, section 119A.02, subdivision 2, is amended to read:
Subd. 2.
[COMMISSIONER.] "Commissioner" means the commissioner of children,
families, and learning education.
Sec. 4. Minnesota
Statutes 2002, section 119A.02, subdivision 3, is amended to read:
Subd. 3. [DEPARTMENT.]
"Department" means the department of children, families, and
learning education.
Sec. 5. Minnesota
Statutes 2002, section 119B.011, subdivision 8, is amended to read:
Subd. 8.
[COMMISSIONER.] "Commissioner" means the commissioner of children,
families, and learning education.
Sec. 6. Minnesota
Statutes 2002, section 119B.011, subdivision 10, is amended to read:
Subd. 10. [DEPARTMENT.]
"Department" means the department of children, families, and
learning education.
Sec. 7. Minnesota
Statutes 2002, section 120A.02, is amended to read:
120A.02 [DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING EDUCATION.]
The department of children, families, and learning education
shall carry out the provisions of chapters 120A to 129C and other related
education provisions under law.
Sec. 8. Minnesota
Statutes 2002, section 120A.05, subdivision 4, is amended to read:
Subd. 4.
[COMMISSIONER.] "Commissioner" means the commissioner of children,
families, and learning education.
Sec. 9. Minnesota
Statutes 2002, section 120A.05, subdivision 7, is amended to read:
Subd. 7. [DEPARTMENT.]
"Department" means the department of children, families, and
learning education.
Sec. 10. Minnesota
Statutes 2002, section 122A.09, subdivision 10, is amended to read:
Subd. 10. [VARIANCES.] (a)
Notwithstanding subdivision 9 and section 14.05, subdivision 4, the board of
teaching may grant a variance to its rules upon application by a school
district for purposes of implementing experimental programs in learning or
management.
(b) To enable a school district to meet the needs of
students enrolled in an alternative education program and to enable
licensed teachers instructing those students to satisfy content area
licensure requirements, the board of teaching annually may permit a
licensed teacher teaching in an alternative education program to
instruct students in a content area for which the teacher is not
licensed, consistent with paragraph (a).
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 11. Minnesota
Statutes 2002, section 122A.12, subdivision 1, is amended to read:
Subdivision 1.
[MEMBERSHIP.] A board of school administrators is established and must
consist of nine ten members appointed by the governor with the
advice and consent of the senate, including at least:
(1) one elementary school principal;
(2) one secondary school principal;
(3) one higher education faculty member in an educational
administration program approved by the board;
(4) one higher education administrator for an educational
administration program approved by the board;
(5) one school superintendent;
(6) one classroom teacher;
(7) one community education director or a and one
special education director; and
(8) two members of the public, one of whom must be a present or
former school board member.
In making appointments, the governor shall solicit
recommendations from groups representing persons in clauses (1) to (8).
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 12. Minnesota
Statutes 2002, section 122A.12, subdivision 2, is amended to read:
Subd. 2. [TERMS;
COMPENSATION; REMOVAL; ADMINISTRATION.] Membership terms, removal of members,
and the filling of membership vacancies are as provided in section 214.09. The terms of the initial board members must
be determined by lot as follows:
(1) three members must be appointed for terms that expire
August 1, 2002;
(2) three members must be appointed for terms that expire
August 1, 2003; and
(3) three four members must be appointed for
terms that expire August 1, 2004.
Members shall not receive the daily payment under section
214.09, subdivision 3. The public
employer of a member shall not reduce the member's compensation or benefits for
the member's absence from employment when engaging in the business of the
board. The provision of staff,
administrative services, and office space; the review and processing of complaints;
the setting of fees; the selection and duties of an executive secretary to
serve the board; and other provisions relating to board operations are as
provided in chapter 214. Fiscal year
and reporting requirements are as provided in sections 214.07 and 214.08.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 13. Minnesota
Statutes 2002, section 122A.18, subdivision 7a, is amended to read:
Subd. 7a. [PERMISSION
TO SUBSTITUTE TEACH.] (a) The board of teaching may allow a person who
is enrolled in and making satisfactory progress in a board-approved teacher
program and who has successfully completed student teaching to be employed as a
short-call substitute teacher.
(b) The board of teaching may issue a lifetime qualified
short-call substitute teaching license to a person who:
(1) was a qualified teacher under section 122A.16 while holding
a continuing five-year teaching license issued by the board, and
receives a retirement annuity from the teachers retirement association,
Minneapolis teachers retirement fund association, St. Paul teachers
retirement fund association, or Duluth teachers retirement fund
association;
(2) holds an out-of-state teaching license and receives a
retirement annuity as a result of the person's teaching experience;
or
(3) held a continuing five-year license issued by the board,
taught at least three school years in an accredited nonpublic school in
Minnesota, and receives a retirement annuity as a result of the person's
teaching experience.
A person holding a lifetime
qualified short-call substitute teaching license is not required to complete
continuing education clock hours.
A person holding this license may reapply to the board for a
continuing five-year license and must again complete continuing
education clock hours one school year after receiving the continuing
five-year license.
[EFFECTIVE DATE.] This
section is effective for the 2003-2004 school year.
Sec. 14. Minnesota
Statutes 2002, section 122A.21, is amended to read:
122A.21 [TEACHERS' AND ADMINISTRATORS' LICENSES; FEES.]
Each application for the issuance, renewal, or extension of a
license to teach must be accompanied by a processing fee in an amount set by
the board of teaching by rule of $57. Each application for issuing, renewing, or extending the license
of a school administrator or supervisor must be accompanied by a processing fee
in the amount set by the board of teaching.
The processing fee for a teacher's license and for the licenses of
supervisory personnel must be paid to the executive secretary of the
appropriate board. The executive
secretary of the board shall deposit the fees with the state treasurer, as
provided by law, and report each month to the commissioner of finance the amount
of fees collected. The fees as set by
the board are nonrefundable for applicants not qualifying for a license.
However, a fee must be refunded by the state treasurer in any case in which the
applicant already holds a valid unexpired license. The board may waive or reduce fees for applicants who apply at
the same time for more than one license.
Sec. 15. Minnesota
Statutes 2002, section 122A.22, is amended to read:
122A.22 [DISTRICT RECORDING VERIFICATION OF
TEACHER LICENSES.]
No person shall be accounted a qualified teacher until the person
has filed for record with the district superintendent where the person intends
to teach a license, or certified copy of a license, authorizing the person to
teach school in the district school system school district or charter
school contracting with the person for teaching services verifies through
the Minnesota education licensing system available on the department Web
site that the person is a qualified teacher, consistent with sections
122A.16 and 122A.44, subdivision 1.
[EFFECTIVE DATE.] This
section is effective for the 2003-2004 school year and later.
Sec. 16. Minnesota
Statutes 2002, section 127A.05, subdivision 1, is amended to read:
Subdivision 1.
[APPOINTMENT AND DUTIES.] The department shall be under the
administrative control of the commissioner of children, families, and
learning education which office is established. The governor shall appoint the commissioner
under the provisions of section 15.06.
The commissioner shall be a person who possesses educational
attainment and breadth of experience in the administration of public education
and of the finances pertaining thereto commensurate with the spirit and intent
of this code. Notwithstanding any other
law to the contrary, the commissioner may appoint two deputy commissioners who
shall serve in the unclassified service.
The commissioner shall also appoint other employees as may be necessary
for the organization of the department.
The commissioner shall perform such duties as the law and rules may
provide and be held responsible for the efficient administration and discipline
of the department. The commissioner is
charged with the execution of powers and duties to promote public education in
the state and to safeguard the finances pertaining thereto.
Sec. 17. Minnesota
Statutes 2002, section 127A.05, subdivision 3, is amended to read:
Subd. 3. [GENERAL
SUPERVISION OVER PUBLIC SCHOOLS AND EDUCATIONAL AGENCIES.] The commissioner of children,
families, and learning education shall adopt goals for and exercise
general supervision over public schools and public educational agencies in the
state, classify and standardize public elementary and secondary schools, and
prepare for them outlines and suggested courses of study. The commissioner shall develop a plan to
attain the adopted goals. The
commissioner may recognize educational accrediting agencies for the sole
purposes of sections 120A.22, 120A.24, and 120A.26.
Sec. 18. Minnesota
Statutes 2002, section 169.26, subdivision 3, is amended to read:
Subd. 3. [DRIVER
TRAINING.] All driver education courses approved by the commissioner of
children, families, and learning and the commissioner of public safety must
include instruction on railroad-highway grade crossing safety. The commissioner of children, families,
and learning and the commissioner of public safety shall by rule establish
minimum standards of course content relating to operation of vehicles at
railroad-highway grade crossings.
Sec. 19. Minnesota
Statutes 2002, section 169.973, subdivision 1, is amended to read:
Subdivision 1.
[COMMISSIONER'S AUTHORITY; RULES; CURRICULUM.] The commissioner of
public safety shall supervise the administration and conduct of driver
improvement clinics and youth-oriented driver improvement clinics. The commissioner of public safety shall
promulgate rules setting forth standards for the curriculum and mode of
instruction of driver improvement clinics and youth-oriented driver improvement
clinics and such other matters as the commissioner of public safety considers necessary
for the proper administration of such clinics.
In the preparation of such standards the commissioner of public safety
shall consult with the commissioner of children, families, and learning and
state associations of judges. A driver
improvement clinic established under sections 169.971 to 169.973 and 171.20,
subdivision 3, shall conform to the standards promulgated by the commissioner
of public safety. The course of study
at a driver improvement clinic and youth-oriented driver improvement clinic may
not exceed a cumulative total of nine hours with no single class session
lasting more than three hours. The
course of study at a driver improvement clinic and youth-oriented driver
improvement clinic shall include instruction in railroad crossing safety.
Sec. 20. Minnesota
Statutes 2002, section 178.02, subdivision 1, is amended to read:
Subdivision 1.
[MEMBERS.] The commissioner of labor and industry, hereinafter called
the commissioner, shall appoint an apprenticeship advisory council, hereinafter
referred to as the council, composed of three representatives each from
employer and employee organizations, and two representatives of the general
public. The assistant commissioner
director of children, families, and learning education
responsible for vocational career and technical education or
designee shall be an ex officio member of the council and shall serve in an
advisory capacity only.
Sec. 21.
[COST-BENEFIT ANALYSIS OF FEDERAL NO CHILD LEFT BEHIND ACT.]
The commissioner of education must conduct a rigorous cost-benefit
analysis to determine the tangible and intangible costs and benefits to
Minnesota of implementing the federal No Child Left Behind Act and the
time needed for the benefits of the changes to repay the costs of the
changes. The commissioner, by
February 15, 2004, must present a written report of the analysis to the
committees of the legislature having jurisdiction over kindergarten
through grade 12 education policy and finance.
Sec. 22.
[APPROPRIATIONS; DEPARTMENT OF EDUCATION.]
Subdivision 1.
[DEPARTMENT OF EDUCATION.] Unless otherwise indicated, the
sums indicated in this section are appropriated from the general fund to
the department of education for the fiscal years designated.
Subd. 2.
[DEPARTMENT.] (a) For the department of education:
$23,653,000
. . . . .
2004
$23,653,000
. . . . .
2005
Any balance in the first year does not cancel but is available
in the second year.
(b) $260,000 each year is for the Minnesota children's museum.
(c) $41,000 each year is for the Minnesota academy of science.
(d) $246,000 of the balance in the state education courseware
development account in the state government special revenue fund as of
July 1, 2004, is canceled to the general fund.
(e) $160,000 of the balance in the state item bank revolving
account in the state government special revenue fund as of July 1, 2004,
is canceled to the general fund.
(f) $621,000 each year is for the board of teaching.
(g) $165,000 each year is for the board of school administrators.
Subd. 3.
[FEDERAL GRANTS AND AIDS.] The expenditures of federal grants
and aids as shown in the biennial budget document and its supplements
are approved and appropriated and shall be spent as indicated.
Sec. 23. [APPROPRIATIONS; MINNESOTA STATE ACADEMIES.]
The sums indicated in this section are appropriated from
the general fund to the Minnesota state academies for the deaf and
the blind for the fiscal years designated:
$10,966,000
. . . . .
2004
$10,966,000
. . . . .
2005
Any balance in the first year does not cancel but is available
in the second year.
Sec. 24. [APPROPRIATIONS; PERPICH CENTER FOR ARTS EDUCATION.]
The sums indicated in this section are appropriated from
the general fund to the Perpich center for arts education for the
fiscal years designated:
$6,864,000
. . . . .
2004
$6,423,000
. . . . .
2005
Any balance in the first year does not cancel but is available
in the second year.
Sec. 25. [REVISOR'S
INSTRUCTION.]
(a) In Minnesota Statutes, the revisor shall renumber section
119A.02, subdivision 2, as 120A.02, paragraph (a), and section 120A.02
as 120A.02, paragraph (b).
(b) In Minnesota Statutes and Minnesota Rules, the revisor
shall change the term "children, families, and learning" to "education."
(c) In the next and subsequent editions of Minnesota Statutes,
the revisor shall change all references to the "commissioner of
children, families, and learning" to the "commissioner of public
safety" in Minnesota Statutes, sections 123B.88, subdivision 9;
168.102; 169.441, subdivision 5; and 171.321, subdivision 4c; and
"Part H" to "Part C" in Minnesota Statutes, sections
125A.27, subdivisions 7 and 8; 125A.32; 125A.35; 125A.37; 125A.39; 125A.44;
and 125A.45.
Sec. 26. [REPEALER.]
(a) Minnesota Statutes 2002, sections 15.014, subdivision
3; 119A.01, subdivision 1; 123B.90, subdivision 1; 169.441, subdivision
4; and 239.004, are repealed.
(b) Minnesota Rules, parts 3500.0600; 3520.0400; 3520.1400;
3520.3300; 3530.1500; 3530.2700; 3530.4400; 3530.4500; 3530.4700; and
3550.0100, are repealed.
ARTICLE
11
DEFICIENCIES
Section 1. [DEPARTMENT
OF EDUCATION.]
The dollar amounts shown are added to or, if shown in
parentheses, are subtracted from the appropriations in Laws 2001, First Special
Session chapter 6, as amended by Laws 2002, chapter 220, and Laws 2002, chapter
374, or other law, and are appropriated from the general fund to the department
of education for the purposes specified in this article, to be available for
the fiscal year indicated for each purpose.
The figure "2003" used in this article means that the
appropriation or appropriations listed are available for the fiscal year ending
June 30, 2003.
2003
APPROPRIATION ADJUSTMENTS
$10,869,000
APPROPRIATION CHANGE
Sec. 2. APPROPRIATIONS;
DEPARTMENT OF EDUCATION
Subdivision 1.
Community Education Aid
219,000
Subd. 2. General and
Supplemental Education Aid
8,791,000
This change includes ($7,420,000)
for 2002 and $16,211,000 for 2003.
Subd. 3. Nonpublic
Pupil Aid
437,000
Subd. 4. Consolidation
Transition Aid
5,000
Subd. 5. Interdistrict
Desegregation or Integration Transportation
Grants
169,000
Subd. 6. Travel for Home-Based
Services
48,000
Subd. 7. Debt Service
Aid
19,000
Subd. 8. School
Breakfast
100,000
Subd. 9. Fast Break to
Learning
1,081,000
Sec. 3. [EFFECTIVE
DATE.]
Sections 1 and 2 are effective the day following final enactment.
ARTICLE
12
TECHNICAL
AMENDMENTS
Section 1. Minnesota
Statutes 2002, section 119B.011, subdivision 20, is amended to read:
Subd. 20. [TRANSITION
YEAR FAMILIES.] "Transition year families" means families who have
received MFIP assistance, or who were eligible to receive MFIP assistance after
choosing to discontinue receipt of the cash portion of MFIP assistance under
section 256J.31, subdivision 12, for at least three of the last six months
before losing eligibility for MFIP or families participating in work first
under chapter 256K who meet the requirements of section 256K.07. Transition year child care may be used to
support employment or job search.
Transition year child care is not available to families who have been
disqualified from MFIP due to fraud.
Sec. 2. Minnesota
Statutes 2002, section 121A.21, is amended to read:
121A.21 [SCHOOL HEALTH SERVICES.]
(a) Every school board must provide services to promote the
health of its pupils.
(b) The board of a district with 1,000
pupils or more in average daily membership in early childhood family education,
preschool handicapped, elementary, and secondary programs must comply with the
requirements of this paragraph. It may
use one or a combination of the following methods:
(1) employ personnel, including at least one full-time
equivalent licensed school nurse or continue to employ a registered nurse
not yet certified as a public health nurse as defined in section 145A.02,
subdivision 18, who is enrolled in a program that would lead to certification
within four years of August 1, 1988;
(2) contract with a public or private health organization or
another public agency for personnel during the regular school year, determined
appropriate by the board, who are currently licensed under chapter 148 and who
are certified public health nurses; or
(3) enter into another arrangement approved by the
commissioner.
Sec. 3. Minnesota
Statutes 2002, section 122A.41, subdivision 2, is amended to read:
Subd. 2. [PROBATIONARY
PERIOD; DISCHARGE OR DEMOTION.] All teachers in the public schools in cities of
the first class during the first three years of consecutive employment shall be
deemed to be in a probationary period of employment during which period any
annual contract with any teacher may, or may not, be renewed as the school
board, after consulting with the peer review committee charged with evaluating
the probationary teachers under subdivision 2a or 3, shall see fit. The school site management team or the
school board if there is no school site management team, shall adopt a plan for
a written evaluation of teachers during the probationary period according to
subdivision 2a 3.
Evaluation by the peer review committee charged with evaluating
probationary teachers under subdivision 2a 3 shall occur at least
three times each year for a teacher performing services on 120 or more school
days, at least two times each year for a teacher performing services on 60 to
119 school days, and at least one time each year for a teacher performing services
on fewer than 60 school days. Days
devoted to parent-teacher conferences, teachers' workshops, and other staff
development opportunities and days on which a teacher is absent from school
shall not be included in determining the number of school days on which a
teacher performs services. The school
board may, during such probationary period, discharge or demote a teacher for
any of the causes as specified in this code.
A written statement of the cause of such discharge or demotion shall be
given to the teacher by the school board at least 30 days before such removal
or demotion shall become effective, and the teacher so notified shall have no
right of appeal therefrom.
Sec. 4. Minnesota
Statutes 2002, section 123B.02, subdivision 1, is amended to read:
Subdivision 1. [BOARD
AUTHORITY.] The board must have the general charge of the business of the
district, the school houses, and of the interests of the schools thereof. The board's authority to govern, manage,
and control the district; to carry out its duties and responsibilities;
and to conduct the business of the district includes implied powers in
addition to any specific powers granted by the legislature.
Sec. 5. Minnesota
Statutes 2002, section 123B.72, subdivision 3, is amended to read:
Subd. 3.
[CERTIFICATION.] Prior to occupying or reoccupying a school facility
affected by this section, a school board or its designee shall submit a
document prepared by a system inspector to the building official or to the
commissioner, verifying that the facility's heating, ventilation, and air
conditioning system has been installed and operates according to design
specifications and code, according to section 123B.71, subdivision 10 9,
clause (3) (11). A
systems inspector shall also verify that the facility's design will provide the
ability for monitoring of outdoor airflow and total airflow of ventilation
systems in new school facilities and that any heating, ventilation, or air
conditioning system that is installed or modified for a project subject to this
section must provide a filtration system with a current ASHRAE standard.
Sec. 6. Minnesota Statutes 2002, section 123B.93, is amended to read:
123B.93 [ADVERTISING ON SCHOOL BUSES.]
(a) The commissioner, through a competitive process, and
with the approval of the school bus safety advisory committee may contract
with advertisers regarding advertising on school buses. At a minimum, the contract must prohibit
advertising and advertising images that:
(1) solicit the sale of, or promote the use of, alcoholic
beverages and tobacco products;
(2) are discriminatory in nature or content;
(3) imply or declare an endorsement of the product or service
by the school district;
(4) contain obscene material;
(5) are false, misleading, or deceptive; or
(6) relate to an illegal activity or antisocial behavior.
(b) Advertisement must meet the following conditions:
(1) the advertising attached to the school bus does not
interfere with bus identification under section 169.441; and
(2) the bus with attached advertising meets the school bus
equipment standards under sections 169.4501 to 169.4504.
(c) All buses operated by school districts may be attached with
advertisements under the state contract.
All school district contracts shall include a provision for
advertisement. Each school district shall be reimbursed by the advertiser for
all costs incurred by the district and its contractors for supporting the
advertising program, including, but not limited to, retrofitting buses, storing
advertising, attaching advertising to the bus, and related maintenance.
(d) The commissioner shall hold harmless and indemnify each
district for all liabilities arising from the advertising program. Each district must tender defense of all
such claims to the commissioner within five days of receipt.
(e) All revenue from the contract shall be deposited in the
general fund.
Sec. 7. Minnesota
Statutes 2002, section 124D.03, subdivision 12, is amended to read:
Subd. 12. [TERMINATION
OF ENROLLMENT.] A district may terminate the enrollment of a nonresident
student enrolled under this section or section 124D.07 or 124D.08 at the
end of a school year if the student meets the definition of a habitual truant
under section 260C.007, subdivision 19, the student has been provided
appropriate services under chapter 260A, and the student's case has been
referred to juvenile court. A district
may also terminate the enrollment of a nonresident student over the age of 16
enrolled under this section if the student is absent without lawful excuse for
one or more periods on 15 school days and has not lawfully withdrawn from
school under section 120A.22, subdivision 8.
Sec. 8. Minnesota Statutes 2002, section 124D.09, subdivision 3, is
amended to read:
Subd. 3. [DEFINITIONS.]
For purposes of this section, the following terms have the meanings given to
them.
(a) "Eligible institution" means a Minnesota public
post-secondary institution, a private, nonprofit two-year trade and technical
school granting associate degrees, an opportunities industrialization center
accredited by the North Central Association of Colleges and Schools, or a
private, residential, two-year or four-year, liberal arts, degree-granting
college or university located in Minnesota. "Course" means a
course or program.
(b) "Course" means a course or program.
Sec. 9. Minnesota
Statutes 2002, section 124D.10, subdivision 13, is amended to read:
Subd. 13. [LENGTH OF
SCHOOL YEAR.] A charter school must provide instruction each year for at least
the number of days required by section 120A.22, subdivision 5 120A.41. It may provide instruction throughout the
year according to sections 124D.12 to 124D.127 or 124D.128.
Sec. 10. Minnesota
Statutes 2002, section 124D.10, subdivision 23a, is amended to read:
Subd. 23a. [RELATED
PARTY LEASE COSTS.] (a) A charter school is prohibited from entering a lease of
real property with a related party as defined in this subdivision, unless the
lessor is a nonprofit corporation under chapter 317A or a cooperative under
chapter 308A, and the lease cost is reasonable under section 124D.11,
subdivision 4, clause (1).
(b) For purposes of this subdivision:
(1) A "related party" is an affiliate or close
relative of the other party in question, an affiliate of a close relative, or a
close relative of an affiliate.
(2) "Affiliate" means a person that directly, or
indirectly through one or more intermediaries, controls, or is controlled by,
or is under common control with, another person.
(3) "Close relative" means an individual whose
relationship by blood, marriage, or adoption to another individual is no more
remote than first cousin.
(4) "Person" means an individual or entity of any
kind.
(5) "Control" includes the terms "controlling,"
"controlled by," and "under common control with" and means
the possession, direct or indirect, of the power to direct or cause the
direction of the management, operations, or policies of a person, whether
through the ownership of voting securities, by contract, or otherwise.
(c) A lease of real property to be used for a charter school,
not excluded in paragraph (b), must contain the following statement: "This lease is subject to Minnesota
Statutes, section 124D.10, subdivision 23a."
(d) If a charter school enters into as lessee a lease with a
related party and the charter school subsequently closes, the commissioner has
the right to recover from the lessor any lease payments in excess of those that
are reasonable under section 124.11 124D.11, subdivision 4,
clause (1).
Sec. 11. Minnesota
Statutes 2002, section 125A.05, is amended to read:
125A.05 [METHOD OF SPECIAL INSTRUCTION.]
(a) As defined in this subdivision section, to
the extent required by federal law as of July 1, 1999, special instruction and
services for children with a disability must be based on the assessment and
individual education plan. The
instruction and services may be provided by one or more of the following
methods:
(1) in connection with attending regular elementary and
secondary school classes;
(2) establishment of special classes;
(3) at the home or bedside of the child;
(4) in other districts;
(5) instruction and services by special education cooperative
centers established under this section, or in another member district of the
cooperative center to which the resident district of the child with a
disability belongs;
(6) in a state residential school or a school department of a
state institution approved by the commissioner;
(7) in other states;
(8) by contracting with public, private or voluntary agencies;
(9) for children under age five and their families, programs
and services established through collaborative efforts with other agencies;
(10) for children under age five and their families, programs
in which children with a disability are served with children without a
disability; and
(11) any other method approved by the commissioner.
(b) Preference shall be given to providing special instruction
and services to children under age three and their families in the residence of
the child with the parent or primary caregiver, or both, present.
(c) The primary responsibility for the education of a child
with a disability must remain with the district of the child's residence regardless
of which method of providing special instruction and services is used. If a district other than a child's district
of residence provides special instruction and services to the child, then the
district providing the special instruction and services must notify the child's
district of residence before the child's individual education plan is developed
and must provide the district of residence an opportunity to participate in the
plan's development. The district of
residence must inform the parents of the child about the methods of instruction
that are available.
Sec. 12. Minnesota
Statutes 2002, section 125A.12, is amended to read:
125A.12 [ATTENDANCE IN ANOTHER DISTRICT.]
No resident of a district who is eligible for special
instruction and services pursuant to this section may be denied provision of
this instruction and service because of attending a public school in another
district pursuant to section 123B.88, subdivision 5, if the attendance is not
subject to section 124D.06 attends a public school located
in a contiguous district and the district of attendance does not provide
special instruction and services, the district of residence must provide
necessary transportation for the pupil between the boundary of the district of
residence and the educational facility where special instruction and services
are provided within the district of residence.
The district of residence may provide necessary transportation for the
pupil between its boundary and the school attended in the contiguous district,
but must not pay the cost of transportation provided outside the boundary of
the district of residence. , 124D.07, or 124D.08. If the pupil
Sec. 13. Minnesota
Statutes 2002, section 126C.10, subdivision 28, is amended to read:
Subd. 28. [EQUITY
REGION.] For the purposes of computing equity revenue under subdivision 23
24, a district whose administrative offices on July 1, 1999, is located
in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington county is part
of the metro equity region. Districts
whose administrative offices on July 1, 1999, are not located in Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, or Washington county are part of the rural
equity region.
Sec. 14. Minnesota
Statutes 2002, section 126C.55, subdivision 5, is amended to read:
Subd. 5. [AID REDUCTION
FOR REPAYMENT.] Except as provided in this subdivision, the state must reduce
the state aid payable to the district under this chapter and chapters 120B,
122A, 123A, 123B, 124D, 125A, 127A, and 273, according to the schedule in
section 127A.44, subdivision 2, by the amount paid by the state under this
section on behalf of the district, plus the interest due on it, and the amount
reduced must revert from the appropriate account to the state general
fund. Payments from the school
endowment fund or any federal aid payments shall not be reduced. If, after review of the financial situation
of the district, the commissioner advises the commissioner of finance that a
total reduction of the aids would cause an undue hardship on or an undue
disruption of the educational program of the district, the commissioner, with
the approval of the commissioner of finance, may establish a different schedule
for reduction of those aids to repay the state. The amount of aids to be reduced are decreased by any amounts
repaid to the state by the school district from other revenue sources.
Sec. 15. Minnesota
Statutes 2002, section 127A.05, subdivision 4, is amended to read:
Subd. 4.
[ADMINISTRATIVE RULES.] The commissioner may adopt new rules or amend
any existing rules only under specific authority and consistent with the
requirements of chapter 14. The commissioner may repeal any existing rules
adopted by the commissioner. Notwithstanding
the provisions of section 14.05, subdivision 4, The commissioner may grant
a variance to rules adopted by the commissioner upon application by a school
district for purposes of implementing experimental programs in learning or
school management. This subdivision
shall not prohibit the commissioner from making technical changes or
corrections to rules adopted by the commissioner.
Sec. 16. Minnesota
Statutes 2002, section 127A.45, subdivision 12, is amended to read:
Subd. 12. [PAYMENT
PERCENTAGE FOR CERTAIN AIDS.] (a) One hundred percent of the aid for the
current fiscal year must be paid for the following aids: reimbursement for enrollment options
transportation, according to sections 124D.03, subdivision 8, 124D.09,
subdivision 22, and 124D.10; school lunch aid, according to section 124D.111;
hearing impaired support services aid, according to section 124D.57; and Indian
post-secondary preparation grants according to section 124D.85 124D.80.
(b) One hundred percent of the aid for the current fiscal year,
based on enrollment in the previous year, must be paid for the first grade
preparedness program according to section 124D.081.
Sec. 17. Minnesota
Statutes 2002, section 169.435, is amended to read:
169.435 [STATE SCHOOL BUS SAFETY ADMINISTRATION.]
Subdivision 1.
[RESPONSIBILITY; DEPARTMENT OF PUBLIC SAFETY.] The department of public
safety has the primary responsibility for school transportation safety. To oversee school transportation safety,
the commissioner of public safety shall establish a school bus safety advisory committee
according to subdivision 2. The
commissioner or the commissioner's designee shall serve as state director of
pupil transportation according to subdivision 3.
Subd. 3. [PUPIL
TRANSPORTATION SAFETY DIRECTOR.] (a) The commissioner of public safety or the
commissioner's designee shall serve as pupil transportation safety director.
(b) The duties of the pupil transportation safety director
shall include:
(1) overseeing all department activities related to school bus
safety;
(2) assisting in the development, interpretation, and
implementation of laws and policies relating to school bus safety;
(3) supervising preparation of the school bus inspection
manual; and
(4) in conjunction with the department of children,
families, and learning education, assisting school districts in
developing and implementing comprehensive transportation policies; and
(5) providing information requested by the school bus safety
advisory committee.
Sec. 18. Minnesota
Statutes 2002, section 169.449, subdivision 1, is amended to read:
Subdivision 1. [RULES.]
The commissioner of public safety, in consultation with the school bus
safety advisory committee, shall adopt rules governing the operation of
school buses used for transportation of school children, when owned or operated
by a school or privately owned and operated under a contract with a school, and
these rules must be made a part of that contract by reference. Each school, its officers and employees, and
each person employed under the contract is subject to these rules.
Sec. 19. Minnesota
Statutes 2002, section 169.4501, subdivision 3, is amended to read:
Subd. 3. [INSPECTION
MANUAL.] The department of public safety shall develop a school bus inspection
manual based on the national standards adopted in subdivision 1 and Minnesota
standards adopted in sections 169.4502 to 169.4504. The Minnesota state patrol shall use the manual as the basis for
inspecting buses as provided in section 169.451. When appropriate, the school bus safety advisory committee
shall recommend to the education committees of the legislature modifications to
the standards upon which the school bus inspection manual is based. The department of public safety has no
rulemaking authority to alter the standards upon which school buses are
inspected.
Sec. 20. Minnesota
Statutes 2002, section 169.4501, subdivision 4, is amended to read:
Subd. 4. [VARIANCE.]
The commissioner of public safety may grant a variance to any of the school bus
standards to accommodate testing of new equipment related to school buses. A variance from the standards must be for
the sole purpose of testing and evaluating new equipment for increased safety,
efficiency, and economy of pupil transportation. The variance expires 18 months from the date
on which it is granted unless the commissioner specifies an earlier expiration
date. The school bus safety advisory
committee shall annually review all variances that are granted under this
subdivision and consider whether to recommend modifications to the Minnesota
school bus equipment standards based on the variances.
Sec. 21. [REPEALER.]
(a) Minnesota Statutes 2002, section 126C.55, subdivision
5, is repealed.
(b) Laws 2001, First Special Session chapter 3, article 4,
sections 1 and 2; and Laws 2001, First Special Session chapter 6,
article 2, section 52, are repealed.
ARTICLE
13
ACADEMIC
CONTENT STANDARDS
Section 1. [120B.001]
[REPEALING PROFILE OF LEARNING STATUTES AND RULES AND RELATED STATEWIDE TESTING
REQUIREMENT.]
(a) Notwithstanding sections 120B.02, 120B.031, 120B.30,
120B.31, and 120B.35, or other law to the contrary, the commissioner
of education must not implement the profile of learning portion of the
state's results-oriented graduation rule and all rules under Minnesota
Rules, chapter 3501, related to the profile of learning portion of the
state's results-oriented graduation rule described in this chapter are
repealed.
(b) The requirement under section 120B.30 for a test aligned
with the profile of learning portion of the state's graduation standards
that is administered annually to all students in grades 3, 5, 7, 8, 10,
and 11 is repealed. This repeal
does not apply to the state's basic skills tests in reading,
mathematics, and written composition.
[EFFECTIVE DATE.] Paragraph
(a) is effective the day following final enactment and applies to the
2003-2004 school year and later.
Paragraph (b) is effective immediately and applies to the
2005-2006 school year and later.
Sec. 2. [REPLACING
PROFILE OF LEARNING STATUTES AND RULES.]
Subdivision 1.
[STAKEHOLDER ADVICE ON STANDARDS.] The commissioner of
education must consider advice from at least the following stakeholders
in developing statewide rigorous core academic standards in English,
mathematics, science, and history and geography to replace the profile
of learning:
(1) parents of school-age children and members of the public
throughout the state;
(2) teachers throughout the state currently licensed and
providing instruction in English, mathematics, science, or history
and geography and licensed elementary and secondary school principals
throughout the state currently administering a school site;
(3) currently serving members of local school boards and
charter school boards throughout the state;
(4) faculty teaching core subjects at postsecondary institutions
in Minnesota; and
(5) representatives of the Minnesota business community.
Subd. 2.
[PARAMETERS FOR ACADEMIC STANDARDS.] The academic standards
must:
(1) be based on factual, objective, verifiable knowledge in
English, mathematics, science, and history and geography;
(2) be clear, concise, measurable, and grade-level appropriate;
(3) preserve and promote fundamental American principles
stated in the Declaration of Independence and the Constitution of the
United States and other such principles as national sovereignty, natural
law, and free market enterprise;
(4) not mandate a specific teaching methodology nor include
work-based learning or any other content standard inconsistent with
this subdivision; and
(5) be assessed using tests aligned with the academic standards
established under this section.
Subd. 3.
[COMMISSIONER TO PRESENT PROPOSED RULES TO THE LEGISLATURE.] (a) The
commissioner must present to the legislature proposed rules for
implementing statewide rigorous core academic standards in English,
mathematics, science, and history and geography as follows:
(1) by April 15, 2003, present proposed rules for implementing
statewide rigorous core academic standards in English and mathematics;
(2) present a statewide plan for students, educators, schools,
and school districts to make the transition from the profile of learning
to the standards described under this act;
(3) by March 1, 2004, present proposed rules for implementing
statewide rigorous core academic standards in science;
(4) by March 1, 2005, present proposed rules for implementing
statewide rigorous core academic standards in history and geography.
(b) All proposed rules the commissioner presents must comply
with the requirements of this section.
(c) A school district, no later than the 2007-2008 school
year, must incorporate into its existing locally established graduation
requirements the state graduation requirements premised on rules proposed
under this section. A school district
that incorporates these state graduation requirements before the
2007-2008 school year must provide students who enter the ninth grade in
or before the 2004-2005 school year with the opportunity to earn a
diploma based on existing locally established graduation requirements in
effect when the students entered grade 9. District efforts to develop, implement, or improve
instruction or curriculum as a result of the provisions of this section
must be consistent with sections 120B.10, 120B.11, and 120B.20.
Subd. 4. [RULES
IMPLEMENTING READING AND MATH STANDARDS.] The commissioner must adopt rules
under section 14.388, clause (2), for implementing the statewide
rigorous core academic standards in English and mathematics described in
subdivision 3, paragraph (a), clause (1).
[EFFECTIVE DATE.] Subdivisions
1, 2, and 3 are effective the day following final enactment. Subdivision 4 is effective April 30,
2003.
Sec. 3. [INTERIM ALTERNATIVE.]
If the legislature does not authorize the commissioner under
section 2, subdivision 4, to adopt rules to implement statewide rigorous
core academic standards in English and mathematics that are effective
for the 2003-2004 school year, each school district and charter school shall
continue to implement academic English and mathematics standards
consistent with Minnesota Statutes, section 120A.22, subdivision 9,
until such rules to implement statewide rigorous core academic standards
in English and mathematics are adopted.
[EFFECTIVE DATE.] This
section is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to education; providing for
kindergarten through grade 12 education including general education, education
excellence, special programs, facilities and technology, nutrition, school
accounting, other programs, deficiencies, state agencies, and academic content
standard; providing for libraries; providing for early childhood and family
education including early childhood family support, prevention, and
self-sufficiency; providing for technical amendments to certain education
provisions; changing the name of the department of children, families, and
learning to the department of education; providing for rulemaking; appropriating
money; amending Minnesota Statutes 2002, sections 12.21, subdivision 3; 15.01;
84A.51, subdivision 4; 119A.01, subdivision 2; 119A.02, subdivisions 2, 3;
119A.52; 119B.011, subdivisions 8, 10, 20; 120A.02; 120A.05, subdivisions 4, 7,
9; 120A.24, subdivision 4; 120A.41; 121A.21; 121A.23, subdivision 1, by adding
a subdivision; 121A.41, subdivision 10; 121A.50; 121A.55; 122A.09, subdivision
10; 122A.12, subdivisions 1, 2; 122A.18, subdivision 7a; 122A.21; 122A.22;
122A.41, subdivision 2; 122A.414, by adding a subdivision; 122A.415,
subdivisions 1, 3; 122A.63, subdivision 3; 123A.06, subdivision 3; 123A.18,
subdivision 2; 123A.73, subdivisions 3, 4, 5; 123B.02, subdivisions 1, 14;
123B.36, subdivision 1; 123B.49, subdivision 4; 123B.51, subdivisions 3, 4;
123B.52, by adding a subdivision; 123B.53, subdivision 4; 123B.57, subdivisions
1, 4, 6; 123B.59, subdivisions 1, 2, 3, 5, by adding a subdivision; 123B.63,
subdivisions 1, 2, 3, 4; 123B.72, subdivision 3; 123B.88, subdivision 2;
123B.90, subdivisions 2, 3; 123B.91, subdivision 1; 123B.92, subdivisions 1, 3,
9; 123B.93; 124D.03, subdivision 12; 124D.081, by adding a subdivision;
124D.09, subdivisions 3, 9, 10, 13, 16, 20; 124D.10, subdivisions 2a, 3, 4, 8,
13, 16, 20, 23a; 124D.11, subdivisions 1, 2, 4, 6, 9; 124D.118, subdivision 4;
124D.128, subdivisions 3, 6; 124D.13, subdivisions 2, 4, 8, 11; 124D.135,
subdivisions 1, 8; 124D.15, subdivision 7; 124D.16, subdivisions 1, 6; 124D.19,
subdivision 3; 124D.20, subdivisions 3, 5, by adding subdivisions; 124D.22,
subdivision 3; 124D.42, subdivision 6; 124D.454, subdivisions 1, 2, 3, 8, 10,
by adding a subdivision; 124D.52, subdivisions 1, 3; 124D.531, subdivisions 1,
2, 4, 7; 124D.59, subdivision 2; 124D.65, subdivision 5; 124D.86, subdivisions
1a, 3, 4, 5, 6; 125A.05; 125A.12; 125A.21, subdivision 2; 125A.28; 125A.30;
125A.76, subdivisions 1, 4; 125A.79, subdivisions 1, 6; 125B.21; 126C.05,
subdivisions 1, 8, 14, 15, 16, 17; 126C.10, subdivisions 1, 3, 4, 17, 18, 24,
28, by adding subdivisions; 126C.13, subdivision 4; 126C.15, subdivision 1;
126C.17, subdivisions 1, 2, 5, 7, 7a, 9, 13; 126C.21, subdivision 3; 126C.40,
subdivision 1; 126C.42, subdivision 1; 126C.43, subdivisions 2, 3; 126C.44;
126C.45; 126C.457; 126C.48, subdivision 3; 126C.55, subdivision 5; 126C.63,
subdivisions 5, 8; 126C.69, subdivisions 2, 9; 127A.05, subdivisions 1, 3, 4;
127A.45, subdivisions 2, 3, 7a, 10, 12, 13, 14, 14a, 16; 127A.47, subdivisions
7, 8; 127A.49, subdivisions 2, 3; 128C.05, by adding a subdivision; 128D.11,
subdivision 8; 169.26, subdivision 3; 169.28, subdivision 1; 169.435; 169.449,
subdivision 1; 169.4501, subdivisions 3, 4; 169.4503, subdivision 4; 169.454,
subdivision 6; 169.973, subdivision 1; 171.321, subdivision 5; 177.42,
subdivision 2; 178.02, subdivision 1; 268.052, subdivisions 2, 4; 273.138,
subdivision 6; 298.28, subdivision 4; 475.61, subdivisions 1, 3, 4; Laws 1965,
chapter 705, as amended; Laws 2001, First Special Session chapter 6, article 2,
section 64; proposing coding for new law in Minnesota Statutes, chapters 120B;
121A; 123B; 124D; 125A; repealing Minnesota Statutes 2002, sections 15.014,
subdivision 3; 119A.01, subdivision 1; 120B.23; 121A.49; 122A.60; 122A.61;
122A.62; 122A.64; 122A.65; 123A.73, subdivisions 7, 10, 11; 123B.05; 123B.59,
subdivisions 6, 7; 123B.81, subdivision 6; 123B.90, subdivision 1; 124D.09,
subdivision 15; 124D.115; 124D.1156; 124D.17; 124D.21; 124D.221; 124D.54;
124D.65, subdivision 4; 124D.84, subdivision 2; 124D.89; 124D.93; 125A.023,
subdivision 5; 125A.09; 125A.47; 125A.79, subdivision 2; 125B.11; 126C.01,
subdivision 4; 126C.05, subdivision 12; 126C.12; 126C.125; 126C.14; 126C.445;
126C.455; 126C.55, subdivision 5; 127A.41, subdivision 6; 144.401, subdivision
5; 169.441, subdivision 4; 239.004; Laws 1993, chapter 224, article 8, section
20, subdivision 2, as amended; Laws 2000, chapter 489, article 2, section 36,
as amended; Laws 2001, First Special Session chapter 3, article 4, sections 1,
2; Laws 2001, First Special Session chapter
6, article 2, section 52; Laws 2001, First Special Session chapter 6, article
5, section 12, as amended; Minnesota Rules, parts 3500.0600; 3520.0400;
3520.1400; 3520.3300; 3530.1500; 3530.2700; 3530.4400; 3530.4500; 3530.4700;
3550.0100."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Taxes.
The report was adopted.
Westrom from the Committee on Regulated Industries to which was
referred:
H. F. No. 1493, A bill for an act relating to liquor;
eliminating certain geographic restrictions on competition for municipal liquor
stores; extending bar hours to 2:00 a.m.; providing for uniform hours for
off-sale of liquor in the state; removing restrictions on the number of on-sale
and off-sale liquor licenses that may be issued by a municipality; amending
Minnesota Statutes 2002, sections 340A.404, subdivision 6; 340A.405,
subdivision 2; 340A.504, subdivisions 1, 2, 3, 4, 5; repealing Minnesota
Statutes 2002, section 340A.413.
Reported the same back with the following amendments:
Pages 1 to 3, delete sections 1 and 2
Page 5, delete sections 6 to 8
Delete the title and insert:
"A bill for an act relating to liquor; extending bar hours
to 2:00 a.m.; amending Minnesota Statutes 2002, section 340A.504, subdivisions
1, 2, 3."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Rules and Legislative Administration.
The report was adopted.
SECOND READING OF SENATE BILLS
S. F. Nos. 28, 233, 272, 421, 433, 727, 872, 907, 941, 942,
1158 and 1176 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Seifert, Kahn, Finstad, Erickson, Stang, Nornes, Cornish,
Borrell, Wilkin, Heidgerken, Kielkucki, Pelowski and Seagren introduced:
H. F. No. 1557, A bill for an act relating to postsecondary
education; providing penalties for students convicted of rioting; proposing
coding for new law in Minnesota Statutes 2002, chapter 135A.
The bill was read for the first time and referred to the
Committee on Higher Education Finance.
Jaros and Rukavina introduced:
H. F. No. 1558, A bill for an act relating to taxation;
limiting mortgage interest deduction; appropriating money for homeless persons
assistance; amending Minnesota Statutes 2002, section 290.01, subdivision 19a.
The bill was read for the first time and referred to the
Committee on Taxes.
Lanning, Lenczewski, Sykora, Simpson and Clark introduced:
H. F. No. 1559, A bill for an act relating to taxation;
providing a tax credit for qualifying affordable housing contributions;
proposing coding for new law in Minnesota Statutes, chapter 290.
The bill was read for the first time and referred to the
Committee on Taxes.
Erickson; Lanning; Olson, M.; Zellers; Severson; Eastlund;
Nelson, P.; Wardlow; Anderson, B., and Westrom introduced:
H. F. No. 1560, A bill for an act relating to health; limiting
use of family planning grant funds; proposing coding for new law in Minnesota
Statutes, chapter 145.
The bill was read for the first time and referred to the
Committee on Health and Human Services Finance.
Kelliher introduced:
H. F. No. 1561, A bill for an act relating to property
taxation; providing that household income rather than market value be used as
the basis for computing property taxes on homestead properties; appropriating
money; amending Minnesota Statutes 2002, sections 126C.01, subdivision 3;
127A.48, by adding a subdivision; 273.13, subdivisions 22, 23, by adding a
subdivision; 275.065, subdivision 3; 275.08, subdivision 1a; 276.017,
subdivision 1; 276.02; 276.03; 276.04, subdivisions 2, 3; 276.09; proposing
coding for new law in Minnesota Statutes, chapters 273, 477A; repealing
Minnesota Statutes 2002, section 273.1384, subdivision 1.
The bill was read for the first time and referred to the
Committee on Taxes.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F. No. 536, A bill for an act relating to insurance;
regulating the joint underwriting association; modifying coverage; modifying
the market assistance responsibilities of the association; amending Minnesota
Statutes 2002, sections 62I.02, subdivision 1; 62I.03, by adding a subdivision;
62I.04; 62I.05; 62I.08; 62I.13, subdivisions 1, 2; 62I.14; 62I.21; 62I.22,
subdivision 1; repealing Minnesota Statutes 2002, sections 62I.09; 62I.10;
62I.11; 62I.13, subdivision 4.
Patrick E. Flahaven, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Simpson moved that the House concur in the Senate amendments to
H. F. No. 536 and that the bill be repassed as amended by the
Senate. The motion prevailed.
H. F. No. 536, A bill for an act relating to insurance;
regulating the joint underwriting association; modifying coverage; modifying
the market assistance responsibilities of the association; amending Minnesota
Statutes 2002, sections 62I.02, subdivisions 1, 3; 62I.03, by adding a
subdivision; 62I.04; 62I.05; 62I.08; 62I.13, subdivisions 1, 2; 62I.14; 62I.16,
subdivision 3; 62I.21; 62I.22, subdivision 1; repealing Minnesota Statutes
2002, sections 62I.09; 62I.10; 62I.11; 62I.13, subdivision 4.
The bill was read for the third time, as amended by the Senate,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 128 yeas
and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Erickson
Finstad
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was repassed, as amended by the Senate, and its title
agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following
Senate Files, herewith transmitted:
S. F. Nos. 1098, 1064, 484, 350, 1080, 1282, 1071, 1015, 296,
515 and 420.
Patrick E. Flahaven, Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 1098, A bill for an act relating to occupational
safety and health; eliminating certain responsibilities of the commissioner of
health; increasing penalty limits for certain violations; amending Minnesota
Statutes 2002, sections 182.65, subdivision 2; 182.656, subdivision 1; 182.66,
subdivision 2; 182.666, subdivision 2.
The bill was read for the first time.
Mahoney moved that S. F. No. 1098 and H. F. No. 817, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1064, A bill for an act relating to child labor;
exempting certain minors from minimum age restrictions for work as soccer
assistant referees; amending Minnesota Statutes 2002, section 181A.07, by
adding a subdivision.
The bill was read for the first time.
Erhardt moved that S. F. No. 1064 and H. F. No. 1189, now on
the Consent Calendar, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 484, A bill for an act relating to counties;
authorizing counties to require the dedication of land for public parks;
providing certain terms and conditions for the dedication; amending Minnesota
Statutes 2002, section 394.25, subdivision 7.
The bill was read for the first time.
Nelson, P., moved that S. F. No. 484 and H. F. No. 657, now on
the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 350, A bill for an act relating to insurance;
regulating the FAIR plan; amending Minnesota Statutes 2002, sections 65A.29,
subdivision 4; 65A.32; 65A.33, subdivisions 4, 6, 9, by adding subdivisions;
65A.34; 65A.35; 65A.36; 65A.37; 65A.375; 65A.38, subdivisions 1, 5; 65A.40;
65A.41; 65A.42; repealing Minnesota Statutes 2002, section 65A.33, subdivision
5.
The bill was read for the first time.
Sertich moved that S. F. No. 350 and H. F. No. 203, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1080, A bill for an act relating to veterans homes;
updating and correcting certain language; amending Minnesota Statutes 2002,
sections 198.001, by adding a subdivision; 198.004, subdivision 1; 198.005;
198.007; repealing Minnesota Statutes 2002, sections 198.001, subdivision 7;
198.002, subdivision 5; 198.003, subdivision 2.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
S. F. No. 1282, A bill for an act relating to veterans;
providing for placement in the capitol area of a statue commemorating Hmong
veterans of the campaign in Laos during the Vietnam War.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
S. F. No. 1071, A bill for an act relating to health; applying
licensure regulations and requirements to the alkaline hydrolysis process;
amending Minnesota Statutes 2002, section 149A.02, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 149A.
The bill was read for the first time.
Powell moved that S. F. No. 1071 and H. F. No. 1384, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1015, A bill for an act relating to veterans affairs;
permitting the commissioner of veterans affairs access to taxpayer
identification information to notify veterans of health hazards that might
affect them; amending Minnesota Statutes 2002, section 270B.14, by adding a
subdivision.
The bill was read for the first time.
Brod moved that S. F. No. 1015 and H. F. No. 973, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 296, A bill for an act relating to education;
renaming the department of children, families, and learning to department of
education; making conforming changes to reflect the department name change;
amending Minnesota Statutes 2002, sections 15.01; 119A.01, subdivision 2;
119A.02, subdivisions 2, 3; 119B.011, subdivisions 8, 10; 120A.02; 120A.05,
subdivisions 4, 7; 127A.05, subdivisions 1, 3; repealing Minnesota Statutes
2002, section 119A.01, subdivision 1.
The bill was read for the first time.
Demmer moved that S. F. No. 296 and H. F. No. 517, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 515, A bill for an act relating to criminal justice;
modifying structure of financial crimes task force and modifying related
policies; repealing sunset provision; amending Minnesota Statutes 2002, section
299A.68.
The bill was read for the first time.
Meslow moved that S. F. No. 515 and H. F. No. 1226, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 420, A bill for an act relating to consumer
protection; regulating membership travel contracts; amending Minnesota Statutes
2002, sections 325G.50; 325G.51; proposing coding for new law in Minnesota
Statutes, chapter 325G.
The bill was read for the first time.
Meslow moved that S. F. No. 420 and H. F. No. 501, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
CONSENT CALENDAR
S. F. No. 1099 was reported to the House.
Gerlach moved that S. F. No. 1099 be placed on the General
Register. The motion prevailed.
MOTION
TO FIX TIME TO CONVENE
Paulsen moved that when the House adjourns today it adjourn
until 10:30 a.m., Wednesday, April 23, 2003.
The motion prevailed.
REPORT
FROM THE COMMITTEE ON RULES AND
LEGISLATIVE
ADMINISTRATION
Paulsen from the Committee on Rules and Legislative
Administration, pursuant to rule 1.21, designated the following bills to be placed
on the Calendar for the Day for Tuesday, April 22, 2003:
H. F. Nos. 628 and 700;
S. F. No. 578; H. F. Nos. 151, 433, 1251, 1257
and 1268; S. F. No. 872; H. F. Nos. 944, 719 and
258; S. F. No. 907; and H. F. Nos. 129, 784,
1234, 1036, 494 and 1026.
CALENDAR FOR THE DAY
H. F. No. 1317, A bill for an act relating to state government;
extending the existence of the governor's residence council; amending Minnesota
Statutes 2002, section 16B.27, subdivision 3.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 124 yeas and 4
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Erickson
Finstad
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Buesgens
Jacobson
Krinkie
Olson, M.
The bill was passed and its title agreed to.
The Speaker called Olson, M., to the Chair.
H. F. No. 894 was reported to the House.
Pugh moved to amend H. F. No. 894, the first engrossment, as
follows:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 168A.141, is amended to read:
168A.141 [MANUFACTURED HOME AFFIXED TO REAL ESTATE PROPERTY.]
Subdivision 1. [PROCEDURE
CERTIFICATES SURRENDERED FOR CANCELLATION.] The owner of When
a manufactured home which is affixed as an improvement, as
defined in section 273.125, subdivision 8, paragraph (b), to real estate
may property, and financed by the giving of a mortgage on the
real property, the owner of the manufactured home shall surrender
the home's manufacturer's certificate of origin or certificate of
title to the department for cancellation.
The owner of the manufactured home shall give the
department the address and location legal description of the real
estate property. The
department may require the filing of other information. The department must not issue a
certificate of title for a manufactured home under chapter 168A if the
manufacturer's certificate of origin is surrendered under this
subdivision. Upon surrender of the manufacturer's certificate of origin
or the certificate of title, the department shall issue notice of surrender
to the owner and the manufactured home is deemed to be an improvement to
real property. The notice to surrender
may be recorded in the office of the county recorder or with the registrar
of titles if the land is registered but need not contain an
acknowledgment.
Subd. 2. [PERFECTED
SECURITY INTEREST AVOIDS CANCELLATION.] The department may not
cancel a certificate of title if a security interest has been perfected on the
manufactured home. If a security
interest has been perfected, the department shall notify the owner and each
secured party that the certificate of title and a description of the security
interest have been surrendered to the department and that the department will
not cancel the certificate of title until the security interest is
satisfied. Permanent attachment to real
estate property does not extinguish an otherwise valid security
interest in or tax lien on the manufactured home.
Subd. 3. [NOTICE
OF SECURITY INTEREST AVOIDS SURRENDER.] The manufacturer's certificate of
origin or the certificate of title need not be surrendered to the
department under subdivision 1 when a perfected security interest exists
on the manufactured home at the time the manufactured home is affixed
to real property, if the owner of the manufactured home files a notice
with the county recorder, or with the registrar of titles, if the land
is registered, stating that the manufactured home located on the
property is encumbered by a perfected security interest. The notice must state the name and address
of the secured party as set forth on the certificate of title, the legal
description of the real property, and the name and address of the record
fee owner of the real property on which the manufactured home is
affixed. When the security interest
is released or satisfied, the secured party shall attach a copy of the
release or satisfaction to a notice executed by the secured party
containing the county recorder or registrar of titles document number of
the notice of security interest.
The notice of release or satisfaction must be filed with the
county recorder, or registrar of titles, if the land is registered. Neither the notice described in this
subdivision nor the security interest on the certificate of title is
deemed to be an encumbrance on the real property. The notices provided for in this
subdivision need not be acknowledged.
Sec. 2. Minnesota
Statutes 2002, section 507.24, subdivision 2, is amended to read:
Subd. 2. [ORIGINAL
SIGNATURES REQUIRED.] Unless otherwise provided by law, an instrument affecting
real estate that is to be recorded as provided in this section or other
applicable law must contain the original signatures of the parties who execute it
and of the notary public or other officer taking an acknowledgment. However, a financing statement that is
recorded as a filing pursuant to section 336.9-502(b) need not contain: (1) the
signatures of the debtor or the secured party; or (2) an acknowledgment. Any electronic instruments, including
signatures and seals, affecting real estate may only be recorded as part of a
pilot project for the electronic filing of real estate documents implemented by
the task force created in Laws 2000, chapter 391. Notices filed pursuant to section 168A.141, subdivisions
1 and 3, need not contain an acknowledgment.
Sec. 3. [EFFECTIVE
DATE.]
Sections 1 and 2 are effective the day following enactment."
Amend the title accordingly
The motion prevailed and the amendment was adopted.
H. F. No. 894, A bill for an act relating to property;
modifying provisions relating to certificates of title to manufactured homes;
amending Minnesota Statutes 2002, sections 168A.141; 507.24, subdivision 2.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage
of the bill and the roll was called.
There were 126 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Erickson
Finstad
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, B.
Buesgens
Krinkie
The bill was passed, as amended, and its title agreed to.
H. F. No. 628, A bill for an act relating to civil actions;
limiting liability for public notification of emergency; proposing coding for
new law in Minnesota Statutes, chapter 604A.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 129 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Erickson
Finstad
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill
was passed and its title agreed to.
H. F. No. 700 was reported to the House.
Eastlund moved to amend H. F. No. 700, the first engrossment,
as follows:
Page 1, line 14, after "individual" insert
"reasonable"
The motion
prevailed and the amendment was adopted.
H. F. No. 700, A bill for an act relating to civil actions;
providing immunity for good faith reports to or requests for assistance from
law enforcement; proposing coding for new law in Minnesota Statutes, chapter
604A.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 128 yeas and 1
nay as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Erickson
Finstad
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Thissen
The bill was passed, as amended, and its title agreed to.
S. F. No. 578, A bill for an act relating to civil commitment;
clarifying qualifications of persons making certain decisions regarding civil
commitments and emergency holds; amending Minnesota Statutes 2002, section
253B.02, subdivisions 7, 9.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 129 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Erickson
Finstad
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 151, A bill for an act
relating to human services; exempting children eligible for adoption assistance
from the prepaid medical assistance program; amending Minnesota Statutes 2002,
section 256B.69, subdivision 4.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 129 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Erickson
Finstad
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 433, A bill for an act relating to zoning; modifying
deadlines for agency actions; amending Minnesota Statutes 2002, section 15.99.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 126 yeas and 1
nay as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Erickson
Finstad
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Vandeveer
The bill was passed and its title agreed to.
H. F. No. 1251 was reported to the House.
Thao offered an amendment to H. F. No. 1251, the
first engrossment.
POINT
OF ORDER
Samuelson raised a point of order pursuant to rule 3.21 that
the Thao amendment was not in order. Speaker pro tempore Olson, M., ruled the
point of order well taken and the Thao amendment out of order.
Thao appealed the decision of Speaker pro tempore Olson, M.
A roll call was requested and properly seconded.
LAY ON
THE TABLE
Seifert moved to lay the Thao appeal of the decision of Speaker
pro tempore Olson, M., on the table.
A roll call was requested and properly seconded.
The question was taken on the Seifert motion and the roll was
called. There were 78 yeas and 50 nays
as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, J.
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Erickson
Finstad
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Kielkucki
Klinzing
Knoblach
Kohls
Krinkie
Kuisle
Lanning
Lindgren
Lindner
Lipman
Magnus
McNamara
Meslow
Nelson, C.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Osterman
Ozment
Paulsen
Penas
Powell
Rhodes
Ruth
Samuelson
Seagren
Seifert
Severson
Simpson
Smith
Soderstrom
Stang
Strachan
Swenson
Sykora
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Anderson, I.
Atkins
Bernardy
Biernat
Carlson
Clark
Davnie
Dill
Dorn
Eken
Ellison
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Lieder
Mahoney
Mariani
Marquart
Mullery
Murphy
Nelson, M.
Opatz
Otremba
Otto
Paymar
Pelowski
Peterson
Pugh
Rukavina
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Wagenius
Wasiluk
The motion prevailed and the appeal of the decision of Speaker
pro tempore Olson, M., was laid on the table.
H. F. No. 1251, A bill for an act relating to health; excluding
certain licensed home care agencies from supplemental nursing services law;
requiring a review and report on certain home care provider laws; amending
Minnesota Statutes 2002, section 144A.70, subdivision 6.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 129 yeas and 0 nays
as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Erickson
Finstad
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 1257, A bill for an act relating to natural
resources; authorizing a drainage authority to compensate landowners for the removal
of a bridge; amending Minnesota Statutes 2002, section 103E.701, by adding a
subdivision.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 130 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erickson
Finstad
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 1268, A bill for an act relating to traffic
regulations; clarifying when vehicle lights must be displayed; amending
Minnesota Statutes 2002, section 169.48, subdivision 1.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the
roll was called. There were 113 yeas
and 17 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erickson
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Huntley
Jacobson
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Sertich
Severson
Sieben
Simpson
Slawik
Soderstrom
Solberg
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Wardlow
Wasiluk
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Brod
Buesgens
Finstad
Heidgerken
Howes
Johnson, J.
Kielkucki
Krinkie
Olsen, S.
Penas
Seifert
Smith
Stang
Walz
Westerberg
Westrom
Wilkin
The bill was passed and its title agreed to.
H. F. No. 944, A bill for an act relating to local government;
providing an exception to the priorities for designating a qualified newspaper;
amending Minnesota Statutes 2002, section 331A.04, by adding a subdivision.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 130 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erickson
Finstad
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 258, A bill for an act relating to agriculture; prohibiting
registration of certain fertilizers; amending Minnesota Statutes 2002, section
18C.401, by adding a subdivision.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 124 yeas and 6
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Finstad
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Adolphson
Buesgens
Erickson
Kielkucki
Krinkie
Olson, M.
The bill was passed and its title agreed to.
H. F. No. 129 was reported to the House.
Wagenius and Kelliher moved to amend H. F. No. 129, the first
engrossment, as follows:
Page 2, line 32, delete "must" and insert
"may"
Page 3, line 1, delete "must" and insert
"may"
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Wagenius and Kelliher amendment
and the roll was called. There were 40
yeas and 89 nays as follows:
Those who voted in the affirmative were:
Abeler
Bernardy
Biernat
Blaine
Clark
Davnie
Eken
Ellison
Entenza
Finstad
Goodwin
Hackbarth
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Kelliher
Knoblach
Koenen
Lanning
Latz
Lieder
Mahoney
Marquart
Nelson, M.
Paymar
Pelowski
Peterson
Rukavina
Seifert
Sertich
Severson
Swenson
Thao
Thissen
Wagenius
Wasiluk
Those who voted in the negative were:
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Borrell
Boudreau
Brod
Buesgens
Carlson
Cornish
Cox
Davids
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Erickson
Gerlach
Greiling
Gunther
Haas
Harder
Heidgerken
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Juhnke
Kahn
Kielkucki
Klinzing
Kohls
Krinkie
Kuisle
Larson
Lenczewski
Lesch
Lindgren
Lindner
Lipman
Magnus
Mariani
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Penas
Powell
Pugh
Rhodes
Ruth
Samuelson
Seagren
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Sykora
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
H. F. No. 129, A bill for an act relating to elections;
requiring an affidavit of candidacy to include a candidate's residence address;
providing for rejection of an affidavit that shows the candidate does not
reside in the district for which election is sought; providing for elections of
certain council members in cities of the first class elected by ward after
reapportionment; amending Minnesota Statutes 2002, sections 204B.06, subdivision
1; 205.84, subdivision 1.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage
of the bill and the roll was called.
There were 81 yeas and 47 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, I.
Anderson, J.
Borrell
Buesgens
Carlson
Cox
Davids
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Erickson
Gerlach
Greiling
Haas
Harder
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Howes
Jacobson
Johnson, J.
Juhnke
Kahn
Kielkucki
Klinzing
Krinkie
Kuisle
Larson
Lenczewski
Lesch
Lieder
Lindgren
Magnus
Mariani
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Ozment
Paulsen
Paymar
Penas
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Severson
Sieben
Simpson
Slawik
Soderstrom
Solberg
Stang
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Anderson, B.
Atkins
Bernardy
Biernat
Blaine
Boudreau
Bradley
Brod
Clark
Cornish
Davnie
Eken
Ellison
Finstad
Goodwin
Gunther
Hackbarth
Hausman
Hornstein
Huntley
Jaros
Johnson, S.
Kelliher
Knoblach
Koenen
Kohls
Lanning
Latz
Lindner
Mahoney
Marquart
McNamara
Meslow
Mullery
Otto
Pelowski
Peterson
Seagren
Seifert
Sertich
Smith
Strachan
Swenson
Sykora
Thao
Thissen
Wagenius
The bill
was passed and its title agreed to.
Kahn was excused for the remainder of today's session.
H. F. No. 784, A bill for an act relating to crimes;
prohibiting interfering with emergency communications; prescribing penalties;
proposing coding for new law in Minnesota Statutes, chapter 609.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 113 yeas and 15
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Entenza
Finstad
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kelliher
Kielkucki
Knoblach
Koenen
Kohls
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lipman
Magnus
Mahoney
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Ruth
Samuelson
Seagren
Seifert
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Stang
Strachan
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, B.
Buesgens
Ellison
Erickson
Gerlach
Holberg
Klinzing
Krinkie
Lindgren
Lindner
Otremba
Rukavina
Sertich
Solberg
Swenson
The bill was passed and its title agreed to.
H. F. No. 1234, A bill for an act relating to cemeteries; providing
for correction of interment errors; proposing coding for new law in Minnesota
Statutes, chapters 306; 307.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 129 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erickson
Finstad
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
The Speaker resumed the Chair.
H. F. No. 1036 was reported to the House.
CALL
OF THE HOUSE
On the motion of Seifert and on the demand of 10 members, a
call of the House was ordered. The
following members answered to their names:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorn
Eastlund
Eken
Ellison
Entenza
Erickson
Finstad
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Paulsen moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion prevailed and it
was so ordered.
The Speaker called Boudreau to the Chair.
H. F. No. 1036, A bill for an act relating to corrections;
requiring regular meals to be provided to inmates; proposing coding for new law
in Minnesota Statutes, chapter 243.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called.
Paulsen moved that those not voting be excused from voting. The motion prevailed.
There were 108 yeas and 22 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, J.
Atkins
Beard
Bernardy
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Cornish
Cox
DeLaForest
Demmer
Dempsey
Dorman
Dorn
Eastlund
Eken
Entenza
Erickson
Finstad
Gerlach
Gunther
Haas
Hackbarth
Harder
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Howes
Huntley
Jacobson
Johnson, J.
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Marquart
McNamara
Meslow
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Ruth
Samuelson
Seagren
Seifert
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, I.
Biernat
Clark
Davids
Davnie
Dill
Ellison
Goodwin
Greiling
Hausman
Hornstein
Jaros
Johnson, S.
Juhnke
Latz
Mariani
Mullery
Paymar
Rukavina
Sertich
Thao
Wagenius
The bill was passed and its title agreed to.
The Speaker resumed the Chair.
CALL
OF THE HOUSE LIFTED
Kelliher moved that the call of the House be suspended. The motion prevailed and it was so ordered.
H. F. No. 494, A bill for an act relating to education;
allowing independent school district No. 709, Duluth, to reduce the number of
atlarge school board members.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 114 yeas and 12
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Erickson
Finstad
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otto
Ozment
Paulsen
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Adolphson
Anderson, B.
DeLaForest
Gerlach
Krinkie
Lindner
Mullery
Murphy
Otremba
Paymar
Smith
Westerberg
The bill was passed and its title agreed to.
H. F. No. 1026, A bill for an act relating to human services;
authorizing a medical assistance capitated payment option for waivered services,
day training and habilitation services, and intermediate care facility services
for persons with mental retardation or a related condition; amending Minnesota
Statutes 2002, sections 252.46, by adding a subdivision; 256B.69, subdivisions
6a, 23; proposing coding for new law in Minnesota Statutes, chapter 256B.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 128 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Entenza
Erickson
Finstad
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Paulsen
Paymar
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Sertich
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
Paulsen moved that the remaining bills on the Calendar for the
Day be continued. The motion prevailed.
MOTIONS AND RESOLUTIONS
Urdahl moved that his name be stricken as an author on
H. F. No. 327. The
motion prevailed.
Urdahl moved that his name be stricken as an author on
H. F. No. 375. The
motion prevailed.
Abeler moved that the names of Thissen and Blaine be added as
authors on H. F. No. 395.
The motion prevailed.
Kielkucki moved that the names of Wardlow and Heidgerken be
added as authors on H. F. No. 806. The motion prevailed.
Westrom moved that the name of Swenson be added as an author on
H. F. No. 1333. The
motion prevailed.
Klinzing moved that the name of Simpson be added as an author
on H. F. No. 1375. The
motion prevailed.
Klinzing moved that the name of Simpson be added as an author
on H. F. No. 1376. The
motion prevailed.
Brod moved that the name of Swenson be added as an author on
H. F. No. 1542. The
motion prevailed.
Erhardt moved that the name of Severson be added as an author
on H. F. No. 1546. The
motion prevailed.
Lanning moved that the name of Finstad be added as an author on
H. F. No. 1549. The
motion prevailed.
Kuisle moved that the name of Nelson, C., be added as an author
on H. F. No. 1554. The
motion prevailed.
Knoblach moved that H. F. No. 749 be recalled
from the Committee on Ways and Means and be re-referred to the Committee on
Taxes. The motion prevailed.
Boudreau; Marquart; Sviggum; Brod; Cornish; Wilkin; Johnson,
J.; Soderstrom; Knoblach; Anderson, J.; Seagren; Erickson; Bradley; Beard; Ruth
and Nelson, P., introduced:
House Resolution No. 9, A House resolution recognizing May 1,
2003, as a Day of Prayer in Minnesota.
The resolution was referred to the Committee on Rules and
Legislative Administration.
ADJOURNMENT
Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands
adjourned until 10:30 a.m., Wednesday, April 23, 2003.
Edward
A. Burdick,
Chief Clerk, House of Representatives