STATE OF MINNESOTA
EIGHTY-FOURTH SESSION - 2005
_____________________
FORTY-SIXTH DAY
Saint Paul, Minnesota, Tuesday, April 26, 2005
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 the Reverend Frank
Wilson, St. John the Evangelist Episcopal Church, St. Paul, 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
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Newman
Nornes
Olson
Opatz
Otremba
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Nelson, P., and Ozment were excused.
Hilty was excused until 12:55 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Soderstrom 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. 493 and H. F. No. 399,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Peterson, A., moved that the rules be so far suspended that
S. F. No. 493 be substituted for H. F. No. 399
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1335 and
H. F. No. 1460, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Beard moved that the rules be so far suspended that
S. F. No. 1335 be substituted for H. F. No. 1460
and that the House File be indefinitely postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES
Ozment from the Committee on Agriculture, Environment and
Natural Resources Finance to which was referred:
H. F. No. 902, A bill for an act relating to natural resources;
modifying limit on gifts to the public; modifying state park permit provisions;
providing for disposition of certain fees; appropriating money; amending
Minnesota Statutes 2004, sections 84.027, subdivision 12; 85.052, subdivision
4; 85.053, subdivisions 1, 2; 85.055, subdivision 2, by adding a subdivision;
repealing Minnesota Statutes 2004, section 85.054, subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE
1
ENVIRONMENT
AND NATURAL RESOURCES APPROPRIATIONS
OPTION
B
Section 1. [ENVIRONMENT
AND NATURAL RESOURCES 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 "2006" and "2007," where used in this article, mean
that the appropriation or appropriations listed under them are available for
the fiscal year ending June 30, 2006, or June 30, 2007, respectively. The term "the first year" means
the year ending June 30, 2006, and the term "the second year" means
the year ending June 30, 2007.
SUMMARY
BY FUND
2006 2007 TOTAL
General $110,654,000 $110,655,000 $221,309,000
State Government Special
Revenue 48,000 48,000
96,000
Environmental 56,663,000 56,970,000
113,633,000
Natural Resources 66,147,000 66,412,000
132,559,000
Game and Fish 84,857,000 86,629,000
171,486,000
Remediation 11,503,000 11,503,000
23,006,000
Permanent School 350,000 350,000 700,000
State Land and Water
Conservation Account (LAWCON)
1,600,000 -0- 1,600,000
Environment and Natural
Resources Trust Fund 18,829,000 18,829,000 37,658,000
Great Lakes Protection
Account 28,000 -0-
28,000
TOTAL $350,679,000
$351,396,000 $702,075,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec.
2. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subdivision 1. Total
Appropriation $79,278,000
$79,585,000
Summary by Fund
General 11,164,000 11,164,000
State Government Special
Revenue 48,000 48,000
Environmental 56,663,000 56,970,000
Remediation 11,403,000 11,403,000
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
2006 2007
Subd. 2. Water
25,872,000 25,872,000
Summary by Fund
General 7,317,000
7,317,000
State Government Special
Revenue 48,000 48,000
Environmental 18,507,000 18,507,000
$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. This appropriation may be used for grants to local units of
government for the purpose of restoring impaired waters listed under section
303(d) of the federal Clean Water Act in accordance with adopted total maximum
daily loads (TMDLs), including implementation of approved clean water
partnership diagnostic study work plans that will assist in restoration of such
impaired waters.
$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.
$405,000 the first year and $405,000 the
second year are for individual sewage treatment system (ISTS) administration
and grants. Of this amount, $86,000
each year is for assistance to counties through grants for ISTS program
administration. Any unexpended balance
in the first year does not cancel but is available in the second year.
$480,000 the first year and $480,000 the
second year are from the environmental fund to address the need for continued
increased activity in the areas of new technology review, technical assistance
for local governments, and enforcement under Minnesota Statutes, sections
115.55 to 115.58, and to complete the requirements of Laws 2003, chapter 128,
article 1, sections 164 and 165. Of
this amount, $48,000 each year is for administration of individual septic tank
fees, as provided in this article.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$2,324,000 the first year and $2,324,000 the
second year must be distributed as grants to delegated counties to administer
the county feedlot program.
Distribution of the funds must be conducted according to the following
three-part formula:
(1) Number of feedlots in the county: 60
percent of the total appropriation must be distributed according to the number
of feedlots that are required to be registered in the county. Grants awarded under this clause must be
matched with a combination of local cash and in-kind contributions.
(2) Minimum program requirements: 25 percent of the total appropriation must
be distributed based on the county (i) conducting an annual number of
inspections at feedlots that is equal to or greater than seven percent of the
total number of registered feedlots that are required to be registered in the
county; and (ii) meeting noninspection minimum program requirements as
identified in the county feedlot workplan form. Counties that do not meet the inspection requirement must not
receive 50 percent of the eligible funding under this clause. Counties must receive funding for
noninspection requirements under this clause according to a scoring system checklist
administered by the department. The
commissioner, in consultation with the Minnesota Association of County Feedlot
Officers executive team, shall make a final decision regarding any appeal by a
county regarding the terms and conditions of this clause.
(3) Performance credits: 15 percent of the total appropriation must
be distributed according to work that has been done by the counties during the
fiscal year. The amount must be
determined by the number of performance credits a county accumulates during the
year based on a performance credit matrix jointly agreed upon by the
commissioner in consultation with the Minnesota Association of County Feedlot
Officers executive team. To receive an
award under this clause the county must meet the requirements of clause (2)(i)
and achieve 90 percent of the requirements according to clause (2)(ii) of the
formula. The rate of reimbursement per
performance credit item must not exceed $200.
Delegated counties are eligible for a minimum
grant of $7,500. To receive the full
$7,500 amount a county must meet the requirements under clause (2) of the
formula. Nondelegated counties that
apply for delegation shall receive a grant prorated according to the number of
full quarters remaining in the program year
from the date of commissioner approval of the delegation. Funds for awards to any newly delegated counties must be made
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
out of the appropriation reserved for clause
(3) of the formula. The commissioner,
in consultation with the Minnesota Association of County Feedlot Officers
executive team, may decide to use funds reserved for clause (3) of the formula
in an amount not to exceed five percent of the total annual appropriation for
initiatives to enhance existing delegated county feedlot programs, information
and education, or technical assistance efforts to reduce feedlot-related
pollution hazards. Any funds remaining
after distribution under clauses (1) and (2) of the formula must be transferred
to clause (3) of the formula. Any money
remaining after the first year is available for the second year.
Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered under contract on or before June 30,
2007, for clean water partnership, individual sewage treatment systems (ISTS),
Minnesota River, total maximum daily loads (TMDLs), and local and basinwide
water quality protection grants in this subdivision are available until June
30, 2009.
Subd. 3. Air
9,297,000 9,604,000
Summary by Fund
Environmental 9,297,000
9,604,000
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.
$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
18,467,000 18,467,000
Summary by Fund
Environmental 7,064,000
7,064,000
Remediation 11,403,000 11,403,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
All money for environmental response,
compensation, and compliance in the remediation fund not otherwise appropriated
is appropriated to the commissioners of the Departments of Environmental
Protection and 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 departments. This
appropriation is available until June 30, 2007.
$3,616,000 the first year and $3,616,000 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.
Subd. 5. Multimedia
24,059,000 24,059,000
Summary by Fund
General 2,264,000
2,264,000
Environmental 21,795,000 21,795,000
$12,500,000 each year is from the
environmental fund for SCORE block grants to counties.
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 department for the purposes of Minnesota Statutes, section 473.844.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$119,000 the first year and $119,000 the
second year are for environmental assistance grants or loans under Minnesota Statutes,
section 115A.0716.
Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered under contract on or before June 30,
2007, for environmental assistance grants awarded under Minnesota Statutes,
section 115A.0716, and for technical and 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, 2009.
Subd. 6. Administrative
Support
1,583,000 1,583,000
Summary by Fund
General 1,583,000
1,583,000
Sec. 3. NATURAL
RESOURCES
Subdivision 1. Total
Appropriation 220,582,000
222,618,000
Summary by Fund
General 73,902,000 73,903,000
Natural Resources 61,373,000 61,636,000
Game and Fish 84,857,000 86,629,000
Remediation 100,000 100,000
Permanent School 350,000
350,000
The amounts that may be spent from this
appropriation for each program are specified in the following subdivisions.
Subd. 2. Land and
Mineral Resources Management
8,716,000 8,752,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Summary by Fund
General 5,248,000
5,248,000
Natural Resources 2,122,000 2,122,000
Game and Fish 996,000
1,032,000
Permanent School 350,000
350,000
$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.
$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.
$1,946,000 the first year and $1,946,000 the
second year are from the minerals management account in the natural resources
fund for only the purposes specified in Minnesota Statutes, section 93.2236,
paragraph (c). Of this amount,
$1,526,000 the first year and $1,526,000 the second year are for mineral
resource management, $420,000 the first year and $420,000 the second year are
for projects to enhance future income and promote new opportunities, including
value-added iron products, geological mapping, and mercury research. The appropriation is from the revenue
deposited in the minerals management account under Minnesota Statutes, section
93.22, subdivision 1, paragraph (b).
$300,000 the first year and $300,000 the
second year are from the state forest suspense account in the permanent school
fund to accelerate land exchanges, land sales, and commercial leasing of school
trust lands. This appropriation is to
be used toward meeting the provisions of Minnesota Statutes, section 92.121, to
exchange school trust lands or put alternatives in effect when management
practices have diminished or prohibited revenue generation, and the direction
of Minnesota Statutes, section 127A.31, to secure maximum long-term economic
return from the school trust lands consistent with fiduciary responsibilities
and sound natural resources conservation and management principles.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$50,000 the first year and $50,000 the second
year are from the state forest suspense account in the permanent school fund to
identify, evaluate, and lease construction aggregate located on school trust
lands.
Subd. 3. Water
Resources Management
11,122,000 11,122,000
Summary by Fund
General 10,842,000 10,842,000
Natural Resources 280,000 280,000
Upon completion of the five-county North
Central Lakes Project and when funding becomes available, the commissioner
shall begin to update Minnesota Rules, chapter 6120, Shoreland Rules, using the
rulemaking process under Minnesota Statutes, section 14.389. Rules shall be updated to provide local
units of government and citizens adequate tools, direction, and oversight to
address current and future lake and river shoreland development issues
including, but not limited to: review
and update of shoreland zone; review and update of lake classification system;
individual classification and suitability of sensitive shoreland areas for
development and access; planned unit developments (PUDs); use of common access
lots by nonriparian and PUD owners; recreational use capacity of lakes; review
and update of shoreland management zones and corresponding lot dimensions; use
of technical evaluation panels to evaluate shoreland development; and
comprehensive lake management planning.
$210,000 the first year and $210,000 the
second year are for grants associated with the implementation of the Red River
mediation agreement.
$125,000 the first year and $125,000 the
second year are for the construction of ring dikes under Minnesota Statutes,
section 103F.161. The ring dikes may be
publicly or privately owned. Any
unencumbered balance does not cancel at the end of the first year and is
available for the second year.
Subd. 4. Forest
Management
34,063,000 34,063,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Summary by Fund
General 24,098,000 24,098,000
Natural Resources 9,715,000 9,715,000
Game and Fish 250,000
250,000
$7,217,000 the first year and $7,217,000 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 Agriculture,
Environment and Natural Resources Finance Committee, identifying all
firefighting costs incurred and reimbursements received in the prior fiscal
year. 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.
$9,715,000 the first year and $9,715,000 the second
year are from the forest management investment account in the natural resources
fund for only the purposes specified in Minnesota Statutes, section 89.039,
subdivision 2.
$517,000 the first year and $517,000 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. The amount in the
second year is also available in the first year.
$250,000 the first year and $250,000 the second year
are from the game and fish fund to implement Ecological Classification Systems
(ECS) standards on forested landscapes.
This appropriation is from revenue deposited in the game and fish
fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (1).
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 5. Parks and
Recreation Management
32,615,000 32,703,000
Summary by Fund
General 19,279,000 19,279,000
Natural Resources 13,336,000 13,424,000
$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 water access projects.
$3,725,000 the first year and $3,813,000 the
second year are from the natural resources fund for state park and recreation
area operations. This appropriation is
from the revenue deposited in the natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (e), clause (2).
Subd. 6. Trails and
Waterways Management
25,598,000 25,750,000
Summary by Fund
General 1,284,000
1,284,000
Natural Resources 22,223,000 22,379,000
Game and Fish 2,091,000
2,087,000
$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. Any unencumbered balance does not cancel at the end of the first
year and is available for the second year.
$925,000 the first year and $825,000 the
second year are from the natural resources fund for off-highway vehicle
grants-in-aid. Of this amount, $575,000
each year is from the all-terrain vehicle account; $150,000 each year is from
the off-highway motorcycle account; and $200,000 the first year and $100,000
the second year are from the off-road vehicle account. Any unencumbered balance does not cancel at
the end of the first year and is available for the second year.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$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.
$742,000 the first year and $760,000 the
second year are from the natural resources fund for state trail
operations. This appropriation is from
the revenue deposited in the natural resources fund under Minnesota Statutes,
section 297A.94, paragraph (e), clause (2).
$632,000 the first year and $645,000 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 in the natural resources fund under Minnesota
Statutes, section 297A.94, paragraph (e), clause (4).
$75,000 the first year is from the
all-terrain vehicle account in the natural resources fund for a study to
determine the amount of gasoline used each year by all-terrain vehicle riders
in the state. The commissioners of
natural resources, revenue, and transportation shall jointly determine the
amount of unrefunded gasoline tax attributable to all-terrain vehicle use in
the state and shall report to the legislature by March 1, 2006, with an
appropriate proposed revision to Minnesota Statutes, section 296A.18.
$50,000 is appropriated from the all-terrain
vehicle account in the natural resources fund to the commissioner of natural
resources for fiscal year 2006 to revise the Northshore Trail master plan for
use by all-terrain vehicles.
$2,250,000 the first year and $2,600,000 the
second year are from the public access account in the natural resources fund
for the acquisition, development, maintenance, and rehabilitation of sites for
public access and boating facilities on public waters.
Ninety percent of the money received for
watercraft licenses as a result of the fee increases contained in this act
shall be credited to a public access subaccount within the water recreation
account. Ten percent is for enforcement
purposes.
Subd. 7. Fish and
Wildlife Management
59,670,000 60,679,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Summary by Fund
General 1,755,000
1,755,000
Natural Resources 1,542,000 1,542,000
Game and Fish 56,373,000 57,382,000
$407,000 the first year and $412,000 the
second year are for resource population surveys in the 1837 treaty area. Of this amount, $265,000 the first year and
$270,000 the second year are from the game and fish fund.
$7,233,000 the first year and $7,233,000 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).
Notwithstanding Minnesota Statutes, section
297A.94, this appropriation may be used for hunter recruitment and retention
and public land user facilities.
$1,030,000 the first year and $880,000 the
second year are from the trout and salmon management account for only the
purposes specified in Minnesota Statutes, section 97A.075, subdivision 3.
$1,411,000 the first year and $1,411,000 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).
$397,000 the first year and $397,000 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).
$851,000 the first year and $851,000 the
second year are from the waterfowl habitat improvement account for only the
purposes specified in Minnesota Statutes, section 97A.075, subdivision 2.
$890,000 the first year and $890,000 the
second year are from the pheasant habitat improvement account for only the
purposes specified in Minnesota Statutes, section 97A.075, subdivision 4.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$142,000 the first year and $142,000 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.
$225,000 is from the revenue deposited to the
game and fish fund under Minnesota Statutes, section 297A.94, paragraph (e),
clause (1), for a grant to "Let's Go Fishing" of Minnesota to promote
opportunities for fishing. The grant
recipient must report back to the commissioner by February 1, 2006, on the use
and results of the appropriation. This
is a onetime appropriation.
Subd. 8. Ecological
Services
10,084,000 10,149,000
Summary by Fund
General 3,140,000
3,141,000
Natural Resources 3,153,000 3,153,000
Game and Fish 3,791,000
3,855,000
$1,128,000 the first year and $1,128,000 the
second year are from the nongame wildlife management account in the natural
resources fund for the purpose of nongame wildlife management.
Notwithstanding Minnesota Statutes, section
290.431, $100,000 the first year and $100,000 the second year may be used for
nongame information, education, and promotion.
$1,588,000 the first year and $1,588,000 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 in the game and fish fund under
Minnesota Statutes, section 297A.94, paragraph (e), clause (1).
Subd. 9. Enforcement
29,397,000 29,982,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Summary by Fund
General 3,356,000
3,356,000
Natural Resources 7,413,000 7,428,000
Game and Fish 18,528,000 19,098,000
Remediation 100,000 100,000
$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.
The unexpended balance of money from Laws
1999, chapter 231, section 5, subdivision 6, must be credited to the snowmobile
trails and enforcement account and the appropriation for the repair of public
trails damaged by snowmobiles shall be canceled.
$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 in the game and fish fund under
Minnesota Statutes, section 297A.94, paragraph (e), clause (1).
Overtime must be distributed to conservation
officers at historical levels; however, a reasonable reduction or addition may
be made to the officer's allocation, if justified, based on an individual
officer's workload. If funding for
enforcement is reduced because of an unallotment, the overtime bank may be
reduced in proportion to reductions made in other areas of the budget.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$225,000 the first year and $225,000 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 in the county. Of this amount, $213,000 each year is from
the all-terrain vehicle account; $11,000 each year is from the off-highway
motorcycle account; and $1,000 each year is from the off-road vehicle
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. Of this
appropriation, $25,000 each year is for administration of these grants.
$200,000 the first year and $200,000 the
second year are from the natural resources fund for an off-highway vehicle
safety and conservation grant program.
Of this amount, $170,000 each year is from the all-terrain vehicle
account; $10,000 each year is from the off-highway motorcycle account; and
$20,000 each year is from the off-road vehicle account. Any unencumbered balance does not cancel at
the end of the first year and is available for the second year.
$15,000 the first year is from the
off-highway motorcycle account in the natural resources fund to produce an
interactive CD-ROM training tool for the off-highway motorcycle education and
training program under Minnesota Statutes, section 84.791.
$15,000 the first year and $5,000 the second
year are from the off-road vehicle account in the natural resources fund to
establish the off-road vehicle environment and safety education and training
program under Minnesota Statutes, section 84.8015.
Subd. 10. Operations
Support
9,317,000 9,418,000
Summary by Fund
General 4,900,000
4,900,000
Natural Resources 1,589,000 1,593,000
Game and Fish 2,828,000
2,925,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$264,000 the first year and $268,000 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 fund under Minnesota Statutes, section
297A.94, paragraph (e), clause (5).
Sec. 4. MINNESOTA
CONSERVATION CORPS 840,000
840,000
Summary by Fund
General 350,000
350,000
Natural Resources 490,000 490,000
The Minnesota Conservation Corps may receive
money appropriated under this section only as provided in an agreement with the
commissioner of natural resources.
Sec. 5. BOARD OF WATER
AND SOIL RESOURCES 15,131,000 15,131,000
$4,102,000 the first year and $4,102,000 the
second year are for natural resources block grants to local governments.
The board may 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 when the board determines
that the reduction was disproportionate.
Grants must be matched with a combination of
local cash or in-kind contributions.
The base grant portion related to water planning must be matched by an
amount that would be raised by a levy under Minnesota Statutes, section
103B.3369.
$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 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.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$3,285,000 the first year and $3,285,000 the
second year are for grants to soil and water conservation districts for cost-sharing
contracts for erosion control and water quality management. For base grant allocations made prior to
January 1, 2007, up to 100 percent of this appropriation may be used for
technical assistance. 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. This appropriation is available until expended. If the appropriation in either year is
insufficient, the appropriation in the other year is available for it.
Any balance in the board's cost share program
that remains from the fiscal year 2005 appropriation is available in an amount
of up to $15,000 for a grant to the Mower County Soil and Water Conservation
District to create a small pond demonstration project in the Cedar River
Watershed for purposes of water retention and flood control. The Mower County Soil and Water Conservation
District must seek other sources of funding, including federal and private
sources, to ensure that the demonstration project is educational and complete.
$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.
$105,000 the first year and $105,000 the
second year are for a grant to Area II, Minnesota River Basin Projects, Inc.,
for floodplain management, including administration of programs. If the appropriation in either year is
insufficient, the appropriation in the other year is available for it.
The board has authority to receive and expend
money to acquire conservation easements, as defined in Minnesota Statutes,
chapter 84C, on behalf of the state and federal government, consistent with the
Camp Ripley's Army Compatible Use Buffer Project.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
The board shall conduct an implementation
assessment of public drainage system buffers and their use, maintenance, and
benefits. The assessment must be done
in consultation with farm groups, watershed districts, soil and water
conservation districts, counties, and conservation organizations, as well as
federal agencies implementing voluntary buffer programs. The board shall report the results to the
senate and house of representatives committees with jurisdiction over drainage
systems by January 15, 2006.
Sec. 6. ZOOLOGICAL
BOARD 6,189,000 6,191,000
Summary by Fund
General 6,057,000
6,057,000
Natural Resources 132,000 134,000
$132,000 the first year and $134,000 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. 7. SCIENCE MUSEUM
OF MINNESOTA 750,000
750,000
Sec. 8. METROPOLITAN
COUNCIL 7,152,000
7,152,000
Summary by Fund
General 3,300,000
3,300,000
Natural Resources 4,152,000 4,152,000
$3,300,000 the first year and $3,300,000 the
second year are for metropolitan area regional parks maintenance and
operations.
$4,152,000 the first year and $4,152,000 the
second year are from the natural resources fund for metropolitan area regional
parks and trails maintenance and operations.
This appropriation is from the revenue deposited in the natural
resources fund under Minnesota Statutes, section 297A.94, paragraph (e), clause
(3).
Sec. 9. MINNESOTA
FUTURE RESOURCES FUND
By June 30, 2006, and by June 30, 2007, the
commissioner of finance shall transfer any remaining unappropriated balance
from the Minnesota future resources fund to the general fund.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec. 10. MINNESOTA
RESOURCES
Subdivision 1. Total
Appropriation $20,457,000
$18,829,000
Summary by Fund
State Land and Water
Conservation Account (LAWCON)
1,600,000 -0-
Environment and Natural
Resources Trust Fund
18,829,000 18,829,000
Great Lakes Protection
Account
28,000 -0-
Appropriations from the LAWCON account 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, 2007, 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 referred to in Minnesota Statutes, section 116P.14.
(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.
Subd. 3. Administration
524,000 525,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Summary by Fund
Trust Fund 524,000 525,000
(a) Legislative Commission
on Minnesota Resources 899,000
$449,000 the first year and $450,000 the
second year are from the trust fund for administration as provided in Minnesota
Statutes, section 116P.09, subdivision 5.
(b) Contract Administration 150,000
$75,000 the first year and $75,000 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, 2008.
Subd. 4. Citizen
Advisory Committee 10,000 10,000
Summary by Fund
Trust Fund 10,000
10,000
$10,000 the first year and $10,000 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. Notwithstanding
Minnesota Statutes, section 16A.281, the availability of $15,000 of the
appropriation from Laws 2003, chapter 128, article 1, section 9, subdivision 4,
advisory committee, is extended to June 30, 2007.
Subd. 5. Fish and
Wildlife Habitat 5,038,000 5,038,000
Summary by Fund
Trust Fund 5,038,000 5,038,000
(a) Restoring Minnesota's Fish and Wildlife
Habitat Corridors-Phase III 4,062,000
$2,031,000 the first year and $2,031,000 the
second year are from the trust fund to the commissioner of natural resources
for the third biennium for acceleration of agency programs and cooperative
agreements with Pheasants Forever, Minnesota Deer Hunters Association, Ducks
Unlimited, Inc., National Wild Turkey Federation, the Nature Conservancy, Minnesota
Land Trust, the
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Trust for Public Land, Minnesota Valley
National Wildlife Refuge Trust, Inc., U.S. Fish and Wildlife Service, 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. 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 similarly designate any lands acquired in less than fee
title. This appropriation is available
until June 30, 2008, 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-Phase II 3,530,000
$1,765,000 the first year and $1,765,000 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 the Trust for Public Land, Ducks Unlimited, Inc., Friends of
the Mississippi River, Great River Greening, Minnesota Land Trust, Minnesota
Valley National Wildlife Refuge Trust, Inc., Pheasants Forever, Inc., and
Friends of the Minnesota Valley 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, and portions of the
surrounding counties, through grants, contracted services, conservation
easements, and fee acquisition. Land
acquired with this appropriation must be sufficiently improved to meet at least
minimum management standards as determined by the commissioner of natural
resources. 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
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
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 similarly
designate any lands acquired in less than fee title. This appropriation is available until June 30, 2008, at which
time the project must be completed and final products delivered, unless an earlier
date is specified in the work program.
(c) Development of
Scientific and Natural Areas 134,000
$67,000 the first year and $67,000 the second
year are from the trust fund to the commissioner of natural resources to
develop and enhance lands designated as scientific and natural areas. This appropriation is available until June
30, 2008, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(d) Prairie Stewardship of Private
Lands
100,000
$50,000 the first year and $50,000 the second
year are from the trust fund to the commissioner of natural resources to
develop stewardship plans and implement prairie management on private prairie
lands on a cost-share basis with private or federal funds. This appropriation is available until June
30, 2008, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(e) Local Initiative Grants-Conservation Partners
and Environmental Partnerships 500,000
$250,000 the first year and $250,000 the
second year are from the trust fund to the commissioner of natural resources to
provide matching grants of up to $20,000 to local government and private
organizations for enhancement, restoration, research, and education associated
with natural habitat and environmental service projects. Subdivision 16 applies to grants awarded in
the approved work program. This
appropriation is available until June 30, 2008, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(f) Minnesota ReLeaf Community Forest
Development and Protection 500,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$250,000 the first year and $250,000 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 $390,000 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, 2008, at which time the
project must be completed and final projects delivered, unless an earlier date
is specified in the work program.
(g) Integrated and
Pheromonal Control of Common Carp 550,000
$275,000 the first year and $275,000 the
second year are from the trust fund to the University of Minnesota for the
second biennium to research new options for controlling common carp. This appropriation is available until June
30, 2009, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(h) Biological Control of
European Buckthorn and Garlic Mustard 200,000
$100,000 the first year and $100,000 the
second year are from the trust fund to the commissioner of natural resources to
research potential insects for biological control of invasive European
buckthorn species for the second biennium and to introduce and evaluate insects
for biological control of garlic mustard.
This appropriation is available until June 30, 2008, at which time the
project must be completed and final products delivered, unless an earlier date
is specified in the work program.
(i) Land Exchange Revolving Fund for Aitkin,
Cass, and Crow Wing Counties 500,000
$250,000 the first year and $250,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with Aitkin County for a six-year revolving loan fund to improve
public and private land ownership patterns, increase management efficiency, and
protect critical habitat in Aitkin, Cass, and Crow Wing Counties. By June 30, 2011, Aitkin County shall repay
the $500,000 to the commissioner of finance for deposit in the environment and
natural resources trust fund.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 6. Recreation
7,160,000 5,559,000
Summary by Fund
Trust Fund 5,560,000 5,559,000
State Land and Water
Conservation Account (LAWCON)
1,600,000 -0-
(a) State Park and
Recreation Area Land Acquisition 2,000,000
$1,000,000 the first year and $1,000,000 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, 2008, 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
1,600,000
$1,600,000 is from the State Land and Water
Conservation Account (LAWCON) in the natural resources fund to the commissioner
of natural resources for priorities established by the commissioner for
eligible state projects and administrative and planning activities consistent
with Minnesota Statutes, section 116P.14, and the federal Land and Water
Conservation Fund Act. Subdivision 16
applies to grants awarded in the approved work program. This appropriation is contingent upon
receipt of the federal obligation and remains available until June 30, 2008, at
which time the project must be completed and final products delivered, unless
an earlier date is specified in the work program.
(c) State Park and Recreation Area
Revenue-Enhancing Development 200,000
$100,000 the first year and $100,000 the
second year are from the trust fund to the commissioner of natural resources to
enhance revenue generation in the state's park and recreation system.
(d) Best Management
Practices for Parks and Outdoor Recreation 200,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$100,000 the first year and $100,000 the second year
are from the trust fund to the commissioner of natural resources for an
agreement with the Minnesota Recreation and Park Association to develop and
evaluate opportunities to more efficiently manage Minnesota's parks and outdoor
recreation areas.
(e) Metropolitan Regional Parks Acquisition,
Rehabilitation, and Development 2,000,000
$1,000,000 the first year and $1,000,000 the second
year are from the trust fund to 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, may be used to
reimburse implementing agencies for acquisition as expressly approved in the
work program, and must be matched by at least 40 percent of nonstate
money. Subdivision 16 applies to grants
awarded in the approved work program.
This appropriation is available until June 30, 2008, at which time the
project must be completed and final products delivered, unless an earlier date
is specified in the work program. If a
project financed under this program receives a federal grant award, 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 500,000
$250,000 the first year and $250,000 the second year
are from the trust fund to the commissioner of natural resources, in
cooperation with the Gitchi-Gami Trail Association, for the fourth biennium, to
design and construct approximately two miles of Gitchi-Gami State Trail
segments. This appropriation is
available until June 30, 2008, at which time the project must be completed and
final products delivered. If this
project receives a federal grant award, the availability of the financing from
this paragraph for the project is extended to equal the period of the federal
grant.
(g) Casey Jones State Trail 1,200,000
$600,000 the first year and $600,000 the second year
are from the trust fund to the commissioner of natural resources in cooperation
with the Friends of the Casey Jones Trail Association for land acquisition and
development of the Casey Jones State Trail in southwest Minnesota. This appropriation is available until June
30, 2008, at which time the project must be completed and final products
delivered. If this project receives a
federal grant award, the availability of the financing from this paragraph for
the project is extended to equal the period of the federal grant.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
(h) Paul Bunyan State Trail
Connection 400,000
$200,000 the first year and $200,000 the
second year are from the trust fund to the commissioner of natural resources to
acquire land to connect the Paul Bunyan State Trail within the city of Bemidji.
(i) Minnesota River Trail
Planning 200,000
$100,000 the first year and $100,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with the University of Minnesota to provide trail planning
assistance to three communities along the Minnesota River State Trail.
(j) Local Initiative
Grants-Parks and Natural Areas 1,200,000
$600,000 the first year and $600,000 the
second year are from the trust fund to the commissioner of natural resources to
provide 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.
$500,000 of this appropriation is for land acquisition for a proposed
county regional park on Kraemer Lake in Stearns County. 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. Subdivision 16 applies to grants awarded in the approved work
program. This appropriation is
available until June 30, 2008, at which time the project must be completed and
final products delivered.
(k) Regional Park Planning
for Nonmetropolitan Urban Areas 86,000
$43,000 the first year and $43,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with the University of Minnesota to develop a plan for a system of
regional recreation areas for major outstate urban complexes in Minnesota.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
(l) Local and Regional Trail
Grant Initiative Program 700,000
$350,000 the first year and $350,000 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. Subdivision 16
applies to grants awarded in the approved work program. This appropriation is available until June
30, 2008, 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 award, the availability of the financing
from this paragraph for that project is extended to equal the period of the
federal grant.
(m) Mesabi Trail 1,000,000
$500,000 the first year and $500,000 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 seventh biennium to acquire
and develop segments for the Mesabi Trail.
This appropriation is available until June 30, 2008, at which time the
project must be completed and final products delivered. If this project receives a federal grant
award, the availability of the financing from this paragraph for the project is
extended to equal the period of the federal grant.
(n) Cannon Valley Trail Belle
Creek Bridge Replacement 300,000
$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 the Cannon Valley Trail Joint Powers Board for bridge
replacement of the Belle Creek Bridge on the Cannon Valley Trail. This appropriation must be matched by at
least $44,000 of nonstate money.
(o) Arrowhead Regional Bike
Trail Connections Plan 83,000
$42,000 the first year and $41,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with the Arrowhead Regional Development Commission to analyze the
Arrowhead's major bike trails and plan new trail connections.
(p) Land Acquisition,
Minnesota Landscape Arboretum 650,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$325,000 the first year and $325,000 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 sixth biennium to acquire land from willing sellers. This appropriation must be matched by an
equal amount of nonstate money. This
appropriation is available until June 30, 2008, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(q) Development and
Rehabilitation of Minnesota Shooting Ranges 300,000
$150,000 the first year and $150,000 the
second year are from the trust fund to the commissioner of natural resources to
provide technical assistance and matching grants to local communities and
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, 2008, at which time the project must be completed and final
products delivered, unless an earlier date is specified in the work program.
(r) Birding Maps 100,000
$50,000 the first year and $50,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with Audubon Minnesota to create a new birding trail guide for the
North Shore/Arrowhead region and reprint and distribute guides for three
existing birding trails.
Subd. 7. Water
Resources
3,027,000 3,000,000
Summary by Fund
Trust Fund 2,999,000 3,000,000
Great Lakes Protection
Account 28,000
(a) Local Water Management
Matching Challenge Grants
1,000,000
$500,000 the first year and $500,000 the
second year are from the trust fund to the Board of Water and Soil Resources to
accelerate the local water management challenge grant program under Minnesota
Statutes, sections 103B.3361 to 103B.3369, through matching grants to implement
high priority activities in state-approved
comprehensive water management
plans. For the
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
purposes of this paragraph, the match must be
a nonstate contribution, but may be either cash or qualifying in-kind. The grants may be provided on an advance
basis as specified in the work program.
This appropriation is available until June 30, 2008, 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 600,000
$300,000 the first year and $300,000 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, and the
University of Minnesota to accelerate monitoring efforts through assessments,
citizen training, and implementation grants.
This appropriation is available until June 30, 2008, at which time the
project must be completed and final products delivered, unless an earlier date
is specified in the work program.
(c) Effects of Land
Retirements on the Minnesota River 300,000
$150,000 the first year and $150,000 the
second year are from the trust fund to the Board of Water and Soil Resources
for a cooperative agreement with the U.S. Geological Survey to evaluate effects
of retired or set-aside agricultural lands on the water quality and aquatic
habitat of streams in the Minnesota River Basin in order to enhance
prioritization of future land retirements.
This appropriation must be matched by an equal amount of nonstate
money. This appropriation is available
until June 30, 2008, at which time the project must be completed and final
products delivered, unless an earlier date is specified in the work program.
(d) Recycling Treated Municipal Wastewater
for Industrial Water Use 300,000
$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 the Metropolitan Council to determine the feasibility of
recycling treated municipal wastewater for industrial use, characterize
industrial water demand and quality, and determine the costs to treat municipal
wastewater to meet specific industrial needs.
(e) Unwanted Hormone Therapy: Protecting Water and Public Health 300,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$150,000 the first year and $150,000 the
second year are from the trust fund to the University of Minnesota to determine
where behavior-altering estrogenic compounds come from and how they are
distributed in wastewater treatment plants.
This appropriation is available until June 30, 2008, at which time the
project must be completed and final products delivered, unless an earlier date
is specified in the work program.
(f) Climate Change Impacts
on Minnesota's Aquatic Resources 250,000
$125,000 the first year and $125,000 the
second year are from the trust fund to the University of Minnesota, Natural
Resources Research Institute, to quantify climate, hydrologic, and ecological
variability and trends; and identify indicators of future climate change
effects on aquatic systems. This
appropriation is available until June 30, 2008, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(g) Green Roof Cost Share
and Monitoring 350,000
$175,000 the first year and $175,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with Ramsey Conservation District to install green, vegetated
roofs on four commercial or industrial buildings in Roseville and Falcon
Heights and to monitor their effectiveness for stormwater management, flood
reduction, water quality, and energy efficiency. The cost of the installations must be matched by at least 50
percent nonstate money.
(h) Woodchip Biofilter
Treatment of Feedlot Runoff 270,000
$135,000 the first year and $135,000 the
second year are from the trust fund to the commissioner of natural resources
for agreements with Stearns County Soil and Water Conservation District and the
University of Minnesota to treat feedlot runoff with woodchip biofilters to
remove pollutants and assess improvements to surface water quality. This appropriation is available until June
30, 2008, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(i) Improving Water Quality
on the Central Sands 587,000
$294,000 the first year and $293,000 the
second year are from the trust fund to the commissioner of natural resources
for agreements with the University of Minnesota and the Central Lakes College
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Agricultural Center to reduce nitrate and
phosphorus losses to groundwater and surface waters of sandy ecoregions through
the development, promotion, and adoption of new farming and land management
practices and techniques. This
appropriation is available until June 30, 2008, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(j) Improving Impaired Watersheds: Conservation Drainage Research 300,000
$150,000 the first year and $150,000 the
second year are from the trust fund to the commissioner of agriculture to
analyze conservation drainage systems at University of Minnesota research and
outreach centers for opportunities to retrofit drainage infrastructure with
water quality improvement technologies.
This appropriation is available until June 30, 2008, at which time the
project must be completed and final products delivered, unless an earlier date
is specified in the work program.
(k) Hydrology, Habitat, and
Energy Potential of Mine Lakes 500,000
$188,000 the first year and $211,000 the
second year are from the trust fund to the commissioner of natural resources
for agency work and agreements with Architectural Resources, Inc., and
Northeast Technical Services, Inc., for a coordinated effort of the Central
Iron Range Initiative to establish ultimate mine water elevations, outflows,
and quality; design optimum future mineland configurations for fish habitat and
lakeshore development; and evaluate wind-pumped hydropower potential. $62,000 the first year and $39,000 the
second year are from the trust fund to the Minnesota Geological Survey at the
University of Minnesota to assess the geology and mine pit morphometry.
(l) Hennepin County Beach
Water Quality Monitoring Project 100,000
$50,000 the first year and $50,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with Hennepin County to develop a predictive model for on-site
determination of beach water quality to prevent outbreaks of waterborne
illnesses and provide related water safety outreach to the public.
(m) Southwest Minnesota
Floodwater Retention Projects 500,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$250,000 the first year and $250,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with Area II MN River Basin Projects, Inc., to acquire
easements and construct four floodwater retention projects in the Minnesota
River Basin to improve water quality and waterfowl habitat.
(n) Upgrades to Blue Heron
Research Vessel
295,000
$28,000 is from the Great Lakes protection
account in the first year and $133,000 the first year and $134,000 the second
year are from the trust fund to the University of Minnesota, Large Lakes Observatory,
to upgrade and overhaul the Blue Heron Research Vessel.
(o) Bassett Creek Valley
Channel Restoration 175,000
$87,000 the first year and $88,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with the city of Minneapolis for design and engineering activities
for habitat restoration and water quality and channel improvements for Bassett
Creek Valley.
(p) Restoration of Indian
Lake
200,000
$100,000 the first year
and $100,000 the second year are from the trust fund to the commissioner of
natural resources for agreements with MN Environmental Services and Bemidji
State University to demonstrate the removal of excess nutrients from Indian
Lake in Wright County. This
appropriation is available until June 30, 2008, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program, and is contingent on all appropriate permits being
obtained.
Subd. 8. Land Use and
Natural Resource Information 1,000,000
1,000,000
Summary by Fund
Trust Fund 1,000,000 1,000,000
(a) Minnesota County
Biological Survey 1,000,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$500,000 the first year and $500,000 the
second year are from the trust fund to the commissioner of natural resources
for the tenth 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) Soil Survey 500,000
$250,000 the first year and $250,000 the
second year are from the trust fund to the Board of Water and Soil Resources to
accelerate digitizing of completed soil surveys for Web-based user application
and for agreements with Pine and Crow Wing Counties to begin soil surveys. The new soil surveys must be done on a
cost-share basis with local and federal funds.
This appropriation is available until June 30, 2008, at which time the
project must be completed and final products delivered, unless an earlier date
is specified in the work program.
(c) Land Cover Mapping for
Natural Resource Protection 250,000
$125,000 the first year and $125,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with Hennepin County to develop GIS tools for prioritizing
natural areas for protection and restoration and to update and complete land
cover classification mapping.
(d) Open Space Planning and
Protection 250,000
$125,000 the first year and $125,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with Anoka Conservation District to protect open space by
identifying high priority natural resource corridors through planning,
conservation easements, and land dedication as part of development processes.
Subd. 9. Agriculture
and Natural Resource Industries 1,342,000
1,341,000
Summary by Fund
Trust Fund 1,342,000 1,341,000
(a) Completing Third-Party
Certification of DNR Forest Lands 250,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$125,000 the first year and $125,000 the second year
are from the trust fund to the commissioner of natural resources for
third-party assessment and certification of 4,470,000 acres of DNR-administered
lands under forest sustainability standards established by two internationally
recognized forest certification systems, the Forest Stewardship Council system,
and the Sustainable Forestry Initiative system.
(b) Third-Party
Certification of Private Woodlands 376,000
$188,000 the first year and $188,000 the second year
are from the trust fund to the University of Minnesota, Cloquet Forestry
Center, to pilot a third-party certification assessment framework for
nonindustrial private forest owners.
(c) Sustainable Management
of Private Forest Lands 874,000
$437,000 the first year and $437,000 the second year
are from the trust fund to the commissioner of natural resources to develop
stewardship plans for private forested lands, implement stewardship plans on a
cost-share basis and for conservation easements matching federal funds. This appropriation is available until June
30, 2008, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(d) Evaluating Riparian
Timber Harvesting Guidelines: Phase 2 333,000
$167,000 the first year and $166,000 the second year
are from the trust fund to the University of Minnesota for a second biennium to
assess the timber harvesting riparian management guidelines for postharvest
impacts on terrestrial, aquatic, and wildlife habitat. This appropriation is available until June
30, 2008, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(e) Third Crops for Water
Quality-Phase 2
500,000
$250,000 the first year and $250,000 the second year
are from the trust fund to the commissioner of natural resources for
cooperative agreements with Rural Advantage and the University of Minnesota to
accelerate adoption of third crops to enhance water quality, diversify cropping
systems, supply bioenergy, and provide wildlife habitat through demonstration,
research, and education. This
appropriation is available until June 30, 2008, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
(f) Bioconversion of Potato
Waste into Marketable Biopolymers 350,000
$175,000 the first year and $175,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with Bemidji State University to evaluate the bioconversion of
potato waste into plant-based plastics.
This appropriation is available until June 30, 2008, at which time the
project must be completed and final products delivered, unless an earlier date is
specified in the work program.
Subd. 10. Energy 1,896,000
1,896,000
Summary by Fund
Trust Fund 1,896,000 1,896,000
(a) Clean Energy Resource Teams and Community
Wind Energy Rebate Programs 700,000
$350,000 the first year and $350,000 the
second year are from the trust fund to the commissioner of commerce. $300,000 of this appropriation is to provide
technical assistance to implement cost-effective conservation, energy
efficiency, and renewable energy projects.
$400,000 of this appropriation is to assist two Minnesota communities in
developing locally owned wind energy projects by offering financial assistance
rebates.
(b) Planning for Economic
Development via Energy Independence 240,000
$120,000 the first year and $120,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with the University of Minnesota-Duluth to evaluate the socioeconomic
benefits of statewide and community renewable energy production and
distribution by analyzing system installation, technical capabilities,
cost-competitiveness, economic impacts, and policy incentives.
(c) Manure Methane Digester Compatible Wastes
and Electrical Generation 100,000
$50,000 the first year and $50,000 the second
year are from the trust fund to the commissioner of agriculture to research the
potential for a centrally located, multifarm manure digester and the potential
use of compatible waste streams with manure digesters.
(d) Dairy Farm Digesters 336,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$168,000 the first year and $168,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with the Minnesota Project for a pilot project to evaluate
anaerobic digester technology on average size dairy farms of 50 to 300 cows.
(e) Wind to Hydrogen
Demonstration
800,000
$400,000 the first year and $400,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with the University of Minnesota, West Central Research and
Outreach Center, to develop a model community-scale wind-to-hydrogen facility.
(f) Natural Gas Production
from Agricultural Biomass 100,000
$50,000 the first year and $50,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with Sebesta Blomberg and Associates to demonstrate potential natural
gas yield using anaerobic digestion of blends of chopped grasses or crop
residue with hog manure and determine optimum operating conditions for
conversion to natural gas.
(g) Biomass-Derived Oils for Generating
Electricity and Reducing Emissions 150,000
$75,000 the first year and $75,000 the second
year are from the trust fund to the University of Minnesota to evaluate the
environmental and performance benefits of using renewable biomass-derived oils,
such as soybean oil, for generating electricity.
(h) Phillips Biomass
Community Energy System 900,000
$450,000 the first year and $450,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with Phillips Community Energy Cooperative to assist in the
distribution system equipment and construction costs for a biomass district
energy system. This appropriation is
contingent on all appropriate permits being obtained and a signed commitment of
financing for the biomass electrical generating facility being in place.
(i) Laurentian Energy
Authority Biomass Project 466,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$233,000 the first year and $233,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with Virginia Public Utility to lease land and plant
approximately 1,000 acres of trees to support a proposed conversion to a
biomass power plant.
Subd. 11. Environmental
Education 360,000 360,000
Summary by Fund
Trust Fund 360,000 360,000
(a) Enhancing Civic
Understanding of Groundwater 150,000
$75,000 the first year and $75,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with the Science Museum of Minnesota to create groundwater exhibits
and a statewide traveling groundwater classroom program. This appropriation is available until June
30, 2008, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.
(b) Cedar Creek Natural History Area
Interpretive Center and Restoration 400,000
$200,000 the first year and $200,000 the
second year are from the trust fund to the commissioner of natural resources
for an agreement with the University of Minnesota, Cedar Creek Natural History
Area, to restore 400 acres of savanna and prairie; construct a Science
Interpretive Center to publicly demonstrate technologies for energy efficiency;
and create interpretive trails. This
appropriation is available until June 30, 2008, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.
(c) Environmental
Problem-Solving Model for Twin Cities Schools 75,000
$38,000 the first year and $37,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with Eco Education to train high school students and teachers on
environmental problem solving.
(d) Tamarack Nature Center
Exhibits 95,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$47,000 the first year and $48,000 the second
year are from the trust fund to the commissioner of natural resources for an
agreement with Ramsey County Parks and Recreation Department to develop
interactive ecological exhibits at Tamarack Nature Center.
Subd. 12. Children's
Environmental Health 100,000
100,000
Summary by Fund
Trust Fund 100,000 100,000
Minnesota Children's
Pesticide Exposure Reduction Initiative 200,000
$100,000 the first year and $100,000 the
second year are appropriated to the commissioner of agriculture to reduce
children's pesticide exposure through parent education on alternative pest
control methods and safe pesticide use.
Subd.
13. Data Availability Requirements
(a) During the biennium ending June 30, 2007,
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
that adheres to Office of Technology geographic metadata standards must be
submitted to the Land Management Information Center to 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 and identified as an environment and natural resources trust
fund project.
(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 form specified by the department.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 14. 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 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. 15. 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, 2005, are canceled, and in-kind
contributions may not be counted as matching funds.
Subd.
16. Payment Conditions and Capital
Equipment Expenditures
All agreements, grants, or contracts referred
to in this section must be administered on a reimbursement basis unless
otherwise provided in this section.
Notwithstanding Minnesota Statutes, section 16A.41, expenditures made on
or after July 1, 2005, 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 dollar amounts have
been expended, except that reasonable amounts may be advanced to projects to
accommodate cash flow needs or match federal funds. The advances must be approved as part of the work program. No expenditures for capital equipment are
allowed unless expressly authorized in the project work program.
Subd. 17. 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.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 18. 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 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. 19. Accessibility
Structural and nonstructural facilities must
meet the design standards in the Americans with Disability Act (ADA)
accessibility guidelines.
Sec. 11. Minnesota
Statutes 2004, section 16A.125, subdivision 5, is amended to read:
Subd. 5. [FOREST TRUST
LANDS.] (a) The term "state forest trust fund lands" as used
in this subdivision, means public land in trust under the Constitution set
apart as "forest lands under the authority of the commissioner" of
natural resources as defined by section 89.001, subdivision 13.
(b) The commissioner of finance shall credit the revenue
from the forest trust fund lands to the forest suspense account. The account must specify the trust funds
interested in the lands and the respective receipts of the lands.
(c) After a fiscal year, the commissioner of finance
shall certify the total costs incurred for forestry during that year under
appropriations for the protection, improvement, administration, and management
of state forest trust fund lands and construction and improvement of forest
roads to enhance the forest value of the lands. The certificate must specify the trust funds interested in the
lands. The commissioner of natural
resources shall supply the commissioner of finance with the information needed
for the certificate.
(d) After a fiscal year and after the appropriation
in subdivision 11, the commissioner shall distribute the receipts credited
to the suspense account during that fiscal year as follows:
(a) (1) the amount of the certified costs
incurred by the state for forest management, forest improvement, and road
improvement during the fiscal year shall be transferred to the general
fund. forest management investment account established under section
89.039;
(2) the balance of the certified costs incurred by the state
during the fiscal year shall be transferred to the general fund; and
(b) (3) the balance of the receipts shall then be
returned prorated to the trust funds in proportion to their respective
interests in the lands which produced the receipts.
Sec. 12. Minnesota
Statutes 2004, section 84.027, subdivision 12, is amended to read:
Subd. 12. [PROPERTY
DISPOSAL; GIFT ACKNOWLEDGMENT; ADVERTISING SALES.] (a) The commissioner may
give away to members of the public items with a value of less than $10 $50
that are intended to promote conservation of natural resources or create
awareness of the state and its resources or natural resource management
programs. The total value of items
given to the public under this paragraph may not exceed $25,000 per year.
(b) The commissioner may recognize the contribution of money or
in-kind services on plaques, signs, publications, audio-visual materials, and
media advertisements by allowing the organization's contribution to be
acknowledged in print of readable size.
(c) The commissioner may accept paid advertising for
departmental publications. Advertising
revenues received are appropriated to the commissioner to be used to defray
costs of publications, media productions, or other informational
materials. The commissioner may not
accept paid advertising from any elected official or candidate for elective
office.
Sec. 13. Minnesota
Statutes 2004, section 84.027, subdivision 15, is amended to read:
Subd. 15. [ELECTRONIC
TRANSACTIONS.] (a) The commissioner may receive an application for, sell, and
issue any license, stamp, permit, pass, sticker, duplicate safety training
certification, registration, or transfer under the jurisdiction of the
commissioner by electronic means, including by telephone. Notwithstanding section 97A.472, electronic
and telephone transactions may be made outside of the state. The commissioner may:
(1) provide for the electronic transfer of funds generated by
electronic transactions, including by telephone;
(2) assign a license an identification number to
an applicant who purchases a hunting or fishing license or recreational
vehicle registration by electronic means, to serve as temporary
authorization to engage in the licensed activity requiring a license
or registration until the license or registration is received or
expires;
(3) charge and permit agents to charge a fee of individuals who
make electronic transactions and transactions by telephone or Internet,
including the issuing fee under section 97A.485, subdivision 6, fees
and an additional transaction fee not to exceed $3.50;
(4) collect issuing or filing fees as provided under
sections 84.788, subdivision 3, paragraph (e); 84.798, subdivision 3, paragraph
(b); 84.82, subdivision 2, paragraph (d); 84.8205, subdivisions 5 and 6;
84.922, subdivision 2, paragraph (e); 85.41, subdivision 5; 86B.415,
subdivision 8; and 97A.485, subdivision 6, and collect establish, by
written order, an electronic licensing system commission on to be
paid by revenues generated from all sales of licenses as provided under
sections 85.43, paragraph (b), and 97A.485, subdivision 7 made through
the electronic licensing system. The
commissioner shall establish the commission in a manner that neither
significantly overrecovers nor underrecovers costs involved in providing the
electronic licensing system; and
(5) adopt rules to administer the provisions of this
subdivision.
(b) Establishment of The transaction fee fees
established under paragraph (a), clause (3), and the commission
established under paragraph (a), clause (4), is are not
subject to the rulemaking procedures of chapter 14 and section 14.386 does not
apply.
(c) Money received from fees and commissions collected under
this subdivision, including interest earned, is annually appropriated from the
game and fish fund and the natural resources fund to the commissioner for the
cost of electronic licensing.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 14. Minnesota
Statutes 2004, section 84.027, is amended by adding a subdivision to read:
Subd. 17.
[BACKGROUND CHECKS FOR VOLUNTEER INSTRUCTORS.] (a) The commissioner
may conduct background checks for volunteer instructor applicants for
department safety training and education programs, including the programs established
under sections 84.791 (youth off-highway motorcycle safety education and
training), 84.86 and 84.862 (youth and adult snowmobile safety training),
84.925 (youth all-terrain vehicle safety education and training), 97B.015
(youth firearms safety training), and 97B.025 (hunter and trapper education and
training).
(b) The commissioner shall perform the background check by
retrieving criminal history data maintained in the criminal justice information
system (CJIS) and other data sources.
(c) The commissioner shall develop a standardized form to be
used for requesting a background check, which must include:
(1) a notification to the applicant that the commissioner
will conduct a background check under this section;
(2) a notification to the applicant of the applicant's
rights under paragraph (d); and
(3) a signed consent by the applicant to conduct the
background check expiring one year from date of signature.
(d) The volunteer instructor applicant who is the subject of
a background check has the right to:
(1) be informed that the commissioner will request a
background check on the applicant;
(2) be informed by the commissioner of the results of the
background check and obtain a copy of the background check;
(3) obtain any record that forms the basis for the
background check and report;
(4) challenge the accuracy and completeness of the
information contained in the report or a record; and
(5) be informed by the commissioner if the applicant is
rejected because of the result of the background check.
Sec. 15. Minnesota
Statutes 2004, section 84.0274, is amended by adding a subdivision to read:
Subd. 9.
[EXCEPTION FOR NONPROFIT ORGANIZATIONS AND GOVERNMENTAL ENTITIES.] When
the commissioner acquires land or interests in land from a nonprofit
organization or governmental entity, any or all of the provisions of this
section may be waived by mutual agreement of the commissioner and the nonprofit
organization or governmental entity.
Sec. 16. Minnesota
Statutes 2004, section 84.0274, is amended by adding a subdivision to read:
Subd. 10. [RIGHT
OF FIRST REFUSAL AGREEMENT.] The commissioner may enter into a right of
first refusal agreement with a landowner prior to determining the value of the
land. No right of first refusal
agreement shall be made for a period of greater than two years and payment to
the landowner for entry into the agreement shall not exceed $5,000.
Sec. 17. Minnesota
Statutes 2004, section 84.0911, subdivision 2, is amended to read:
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), (3), and (4),
and subdivision 3, paragraph (b), except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision
15, shall be credited to the wild rice management account.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 18. Minnesota
Statutes 2004, section 84.631, is amended to read:
84.631 [ROAD EASEMENTS ACROSS STATE LANDS.]
(a) Except as provided in section 85.015, subdivision
1b, the commissioner, on behalf of the state, may convey a road easement across
state land under the commissioner's jurisdiction other than school trust land,
to a private person requesting an easement for access to property owned by the
person only if the following requirements are met: (1) there are no reasonable alternatives to obtain access to the
property; and (2) the exercise of the easement will not cause significant
adverse environmental or natural resource management impacts.
(b) The commissioner shall:
(1) require the applicant to pay the market value of the
easement;
(2) provide that the easement reverts to the state in the event
of nonuse; and
(3) impose other terms and conditions of use as necessary and
appropriate under the circumstances.
(c) An applicant shall submit a fee of $2,000 with each
application for a road easement across state land. The application fee is nonrefundable, even if the application is
withdrawn or denied.
(d) Fees collected under paragraph (c) must be deposited in
the land management account in the natural resources fund.
Sec. 19. Minnesota
Statutes 2004, section 84.775, subdivision 1, is amended to read:
Subdivision 1. [CIVIL
CITATION; AUTHORITY TO ISSUE.] (a) A conservation officer or other licensed
peace officer may issue a civil citation to a person who operates:
(1) an off-highway motorcycle in violation of sections 84.773,
subdivision 1 or 2, clause (1); 84.777; 84.788 to 84.795; or 84.90;
(2) an off-road vehicle in violation of sections 84.773,
subdivision 1 or 2, clause (1); 84.777; 84.798 to 84.804; or 84.90; or
(3) an all-terrain vehicle in violation of sections 84.773,
subdivision 1 or 2, clause (1); 84.777; 84.90; or 84.922 to 84.928.
(b) A civil citation under paragraph (a) shall require
restitution for public and private property damage and impose a penalty of:
(1) $100 for the first offense;
(2) $200 for the second offense; and
(3) $500 for third and subsequent offenses.
(c) A conservation officer or other licensed peace officer
may issue a civil citation to a person who operates an off-highway motorcycle,
off-road vehicle, or all-terrain vehicle in violation of section 84.773,
subdivision 2, clause (2) or (3). A
civil citation under this paragraph shall require restitution for damage to
wetlands and impose a penalty of:
(1) $100 for the first offense;
(2) $500 for the second offense; and
(3) $1,000 for third and subsequent offenses.
(d) If the peace officer determines that there is damage
to property requiring restitution, the commissioner must send a written
explanation of the extent of the damage and the cost of the repair by first
class mail to the address provided by the person receiving the citation within
15 days of the date of the citation.
(e) An off-road vehicle or all-terrain vehicle that is
equipped with a snorkel device and receives a civil citation under this section
is subject to twice the penalty amounts in paragraphs (b) and (c).
Sec. 20. [84.781] [USE
OF DEPARTMENT RESOURCES.]
The commissioner of natural resources may permit Department
of Natural Resources personnel and equipment from the Division of Trails and
Waterways to be used to assist local units of government in developing and
maintaining off-highway vehicle grant-in-aid trails located on property owned
by or under the control of the local unit of government.
Sec. 21. [84.785]
[OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION GRANT PROGRAM.]
Subdivision 1.
[CREATION.] 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 Minnesota 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 and
costs that may be attributed to 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. 22. [84.7851]
[WORKER DISPLACEMENT PROHIBITED.]
The commissioner may not enter into any agreement that has
the purpose of or results in the displacement of public employees by volunteers
participating in an off-highway safety and conservation program. The commissioner must certify to the appropriate
bargaining agent that the work performed by a volunteer will not result in the
displacement of currently employed workers or workers on seasonal layoff or
layoff from a substantially equivalent position, including partial displacement
such as reduction in hours of nonovertime work, wages, or other employment
benefits.
Sec. 23. Minnesota
Statutes 2004, 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 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 an
assigned registration number that or a commissioner or deputy
registrar temporary ten-day permit.
Once issued, the registration number must be affixed to the
motorcycle in a manner prescribed by the commissioner according to
paragraph (f). A dealer subject to
paragraph (b) shall provide the registration materials and or
temporary receipt permit 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.
(e) In addition to other fees prescribed
by law, a filing fee of $4.50 is charged for each off-highway motorcycle
registration renewal, duplicate or replacement registration card, and
replacement decal and a filing fee of $7 is charged for each off-highway
motorcycle registration and registration transfer issued 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.
(f) Unless exempted in paragraph (g), the owner of an
off-highway motorcycle must display a registration decal issued by the commissioner. If the motorcycle is licensed as a motor
vehicle, a registration decal must be affixed on the upper left corner of the
rear license plate. If the motorcycle
is not licensed as a motor vehicle, the decal must be attached on the side of
the motorcycle and may be attached to the fork tube. The decal must be attached in a manner so that it is visible
while a rider is on the motorcycle. The
issued decals must be of a size to work within the constraints of the
electronic licensing system, not to exceed three inches high and three inches
wide.
(g) Display of a registration decal is not required for an
off-highway motorcycle:
(1) while being operated on private property; or
(2) while competing in a closed-course competition event.
Sec. 24. Minnesota
Statutes 2004, section 84.788, is amended by adding a subdivision to read:
Subd. 11.
[REFUNDS.] The commissioner may issue a refund on a registration, not
including any issuing fees paid under subdivision 3, paragraph (e), or section
84.027, subdivision 15, paragraph (a), clause (3), if the refund request is
received within 12 months of the original registration and:
(1) the off-highway motorcycle was registered incorrectly by
the commissioner or the deputy registrar; or
(2) the off-highway motorcycle was registered twice, once by
the dealer and once by the customer.
Sec. 25. Minnesota
Statutes 2004, section 84.789, is amended by adding a subdivision to read:
Subd. 3. [SOUND
EMISSIONS.] (a) On and after July 1, 2006, off-highway motorcycles, when
operating on public lands, shall at all times be equipped with a silencer or
other device that limits sound emissions according to this subdivision.
(b) Sound emissions of competition off-highway motorcycles
manufactured on or after January 1, 1998, are limited to not more than 96 dbA
and, if manufactured prior to January 1, 1998, to not more than 99 dbA, when
measured from a distance of 20 inches using test procedures established by the
Society of Automotive Engineers under Standard J-1287, as applicable.
(c) Sound emissions of all other off-highway motorcycles are
limited to not more than 96 dbA if manufactured on or after January 1, 1986,
and not more than 99 dbA if manufactured prior to January 1, 1986, when
measured from a distance of 20 inches using test procedures established by the
Society of Automotive Engineers under Standard J-1287, as applicable.
Sec. 26.
Minnesota Statutes 2004, section 84.791, subdivision 1, is amended to
read:
Subdivision 1. [PROGRAM
ESTABLISHED; WHEN REQUIRED.] (a) The commissioner shall establish
a comprehensive off-highway motorcycle environment and safety education and
training program, including the preparation and dissemination of vehicle
information and safety advice to the public, the training of off-highway
motorcycle operators, and the issuance of off-highway motorcycle safety
certificates to operators under the age of 16 years who successfully complete
the off-highway motorcycle environment and safety education and training
courses.
(b) An individual who is convicted of violating a law
related to the operation of an off-highway motorcycle must successfully
complete the environment and safety education and training program established
under paragraph (a) before continuing operation of an off-highway motorcycle.
Sec. 27. Minnesota
Statutes 2004, section 84.791, subdivision 2, is amended to read:
Subd. 2. [FEES.] For
the purposes of administering the program and to defray a portion of the
expenses of training and certifying vehicle operators, the commissioner shall
collect a fee not to exceed $5 from each person who receives the training. The commissioner shall collect a fee for
issuing a duplicate off-highway motorcycle safety certificate. The commissioner shall establish the fee for
a duplicate off-highway motorcycle safety certificate, to include a $1
issuing fee for licensing agents, that neither significantly overrecovers
nor underrecovers costs, including overhead costs, involved in providing the
service. The fees must, except
for the issuing fee for licensing agents under this subdivision, shall be
deposited in the state treasury and credited to the off-highway motorcycle
account in the natural resources fund.
Sec. 28. Minnesota
Statutes 2004, section 84.798, subdivision 1, is amended to read:
Subdivision 1. [GENERAL
REQUIREMENTS.] (a) Unless exempted under paragraph (b) or
subdivision 2, after January 1, 1995, a person may not operate and an owner may
not give permission for another to operate a vehicle off-road, nor may a
person have an off-road vehicle not registered under chapter 168 in
possession at an off-road vehicle staging area, or designated trail on
lands administered by the commissioner on off-road vehicle-designated trails
or area areas, or on off-road vehicle grant-in-aid trails and areas
funded under section 84.803, unless the vehicle has been registered under
this section.
(b) Annually on the third Saturday of May, the commissioner
shall allow the operation of nonregistered off-road vehicles at the Iron Range
Off-Highway Vehicle Recreation Area.
Sec. 29. Minnesota
Statutes 2004, section 84.798, is amended by adding a subdivision to read:
Subd. 10.
[REFUNDS.] The commissioner may issue a refund on a registration, not
including any issuing fees paid under subdivision 3, paragraph (b), or section
84.027, subdivision 15, paragraph (a), clause (3), if the refund request is
received within 12 months of the original registration and the vehicle was
registered incorrectly by the commissioner or the deputy registrar.
Sec. 30. [84.8015]
[EDUCATION AND TRAINING.]
Subdivision 1.
[PROGRAM ESTABLISHED WHEN REQUIRED.] (a) The commissioner shall
establish a comprehensive off-road vehicle environment and safety education and
training program, including the preparation and dissemination of vehicle
information and safety advice to the public, the training of off-road vehicle
operators, and the issuance of off-road vehicle safety certificates to
operators 16 to 18 years of age who successfully complete the off-road vehicle
environment and safety education and training courses.
(b) Beginning July 1, 2006, an
individual who is convicted of violating a law related to the operation of an
off-road vehicle must successfully complete the environment and safety education
and training program established under paragraph (a) before continuing
operation of an off-road vehicle.
Subd. 2. [FEES.]
For the purposes of administering the program and to defray a portion of the
expenses of training and certifying vehicle operators, the commissioner shall
collect a fee not to exceed $15 from each person who receives the
training. The commissioner shall
collect a fee for issuing a duplicate off-road vehicle safety certificate. The commissioner shall establish the fee for
a duplicate off-road vehicle safety certificate that neither significantly
overrecovers nor underrecovers costs, including overhead costs, involved in
providing the service. The fees must be
deposited in the state treasury and credited to the off-road vehicle account.
Subd. 3.
[COOPERATION AND CONSULTATION.] The commissioner shall cooperate with
private organizations and associations, private and public corporations, and
local governmental units in furtherance of the program established under this
section. The commissioner shall consult
with the commissioner of public safety in regard to training program subject
matter and performance testing that leads to the certification of off-road
vehicle operators.
Subd. 4.
[RECIPROCITY WITH OTHER STATES.] The commissioner may enter into
reciprocity agreements or otherwise certify off-road vehicle environment and
safety education and training courses from other states that are substantially
similar to in-state courses. Proof of
completion of a course subject to a reciprocity agreement or certified as
substantially similar is adequate to meet the safety certificate requirements
of this section.
Sec. 31. Minnesota
Statutes 2004, section 84.804, subdivision 3, is amended to read:
Subd. 3. [OPERATION
GENERALLY.] A person may not drive or operate a vehicle off-road:
(1) at a rate of speed greater than is reasonable under the
surrounding circumstances;
(2) in a careless, reckless, or negligent manner which may
endanger or cause injury or damage to the person or property of another;
(3) without a functioning stoplight if so equipped;
(4) in a tree nursery or planting in a manner that damages or
destroys growing stock;
(5) without a brake operational by either hand or foot; or
(6) in a manner that violates rules adopted by the commissioner;
or
(7) on unfrozen public water, if the vehicle is equipped
with a snorkel device that has a raised air intake six inches or more above the
vehicle manufacturer's original air intake.
Sec. 32. Minnesota
Statutes 2004, section 84.82, subdivision 2, is amended to read:
Subd. 2. [APPLICATION,
ISSUANCE, REPORTS, ADDITIONAL FEE.] (a) Application for registration or
reregistration shall be made to the commissioner or an authorized deputy
registrar of motor vehicles in a format prescribed by the commissioner and
shall state the legal name and address of every owner of the snowmobile.
(b) A person who purchases a snowmobile from a retail dealer
shall make application for registration to the dealer at the point of
sale. The dealer shall issue a dealer
temporary ten-day registration permit to each purchaser who applies to
the dealer for registration. The
temporary registration is valid for 60 days from the date of issue. Each retail dealer shall submit completed
registration and fees to the deputy registrar at least once a 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 as hereinafter provided, such snowmobile shall be
registered and a the commissioner or deputy registrar shall issue to the
applicant, or provide to the dealer, an assigned registration number assigned
which shall or a commissioner or deputy registrar temporary ten-day
permit. Once issued, the registration
number must be affixed to the snowmobile in a clearly visible and permanent
manner for enforcement purposes as the commissioner of natural resources shall
prescribe. A dealer subject to
paragraph (b) shall provide the registration materials or temporary permit to
the purchaser within the temporary ten-day permit period. The registration is not valid unless signed
by at least one owner.
(c) (d) Each deputy registrar of motor vehicles
acting pursuant to section 168.33, shall also be a deputy registrar of
snowmobiles. The commissioner of
natural resources in agreement with the commissioner of public safety may
prescribe the accounting and procedural requirements necessary to assure
efficient handling of registrations and registration fees. Deputy registrars shall strictly comply with
these accounting and procedural requirements.
(d) (e) A fee of $2 in addition to that otherwise
prescribed by law shall be charged for:
(1) each snowmobile registered by the registrar or a deputy
registrar and the additional fee shall be disposed of in the manner provided in
section 168.33, subdivision 2; or
(2) each snowmobile registered by the commissioner and the
additional fee shall be deposited in the state treasury and credited to the
snowmobile trails and enforcement account in the natural resources fund.
Sec. 33. Minnesota
Statutes 2004, section 84.82, is amended by adding a subdivision to read:
Subd. 11.
[REFUNDS.] The commissioner may issue a refund on a registration, not
including any issuing fees paid under subdivision 2, paragraph (e), or section
84.027, subdivision 15, paragraph (a), clause (3), if the refund request is
received within 12 months of the original registration and:
(1) the snowmobile was registered incorrectly by the
commissioner or the deputy registrar; or
(2) the snowmobile was registered twice, once by the dealer
and once by the customer.
Sec. 34. Minnesota
Statutes 2004, section 84.8205, subdivision 1, is amended to read:
Subdivision 1. [STICKER
REQUIRED; FEE.] A person may not operate a snowmobile that is not registered
in this state on a state or grant-in-aid snowmobile trail unless a
snowmobile state trail sticker is affixed to the snowmobile. The commissioner of natural resources shall
issue a sticker upon application and payment of a $15 fee. The sticker is valid from November 1 through
April 30. Fees collected under this
section, except for the issuing fee for licensing agents under this section
and for the electronic licensing system commission established by the
commissioner under section 84.027, subdivision 15, shall be deposited in
the state treasury and credited to the snowmobile trails and enforcement
account in the natural resources fund and must be used for grants-in-aid and
easement acquisition.
Sec. 35. Minnesota
Statutes 2004, section 84.8205, subdivision 3, is amended to read:
Subd. 3. [LICENSE
AGENTS.] bond in favor of the county in
an amount at least equal to the value of the stickers to be consigned to that
subagent. A surety bond is not required
for a state agency appointed by the commissioner. The county auditor shall be responsible for all stickers issued
to and user fees received by agents except in a county where the county auditor
does not retain fees paid for license purposes. In these counties, the responsibilities imposed by this section
upon the county auditor are imposed upon the county. The commissioner may County auditors are appointed agents of the commissioner for the
sale of snowmobile state trail stickers.
The commissioner may appoint other state agencies as agents for
the sale of the to issue and sell state trail stickers. A county auditor may appoint subagents
within the county or within adjacent counties to sell stickers. Upon appointment of a subagent, the auditor
shall notify the commissioner of the name and address of the subagent. The auditor may revoke the appointment of a
subagent, and The commissioner may revoke the appointment of a state
agency an agent at any time.
The commissioner may require an auditor to revoke a subagent's
appointment. The auditor shall furnish
stickers on consignment to any subagent who furnishes a surety promulgate adopt
additional rules governing the accounting and procedures for handling
state trail stickers as provided in section 97A.485, subdivision 11.
Any resident desiring to sell snowmobile state trail
stickers may either purchase for cash or obtain on consignment stickers from a
county auditor in groups of not less than ten individual stickers. In selling stickers, the resident shall be
deemed a subagent of the county auditor and the commissioner, and An
agent shall observe all rules promulgated adopted by the
commissioner for accounting and handling of licenses and stickers
pursuant to section 97A.485, subdivision 11.
The county auditor An agent shall promptly
deposit and remit all money received from the sale of the stickers with
the county treasurer and shall promptly transmit any reports required by the
commissioner, plus 96 percent of the price paid by each stickerholder,
exclusive of the issuing fee, for each sticker sold or consigned by the
auditor and subsequently sold to a stickerholder during the accounting
period. The county auditor shall retain
as a commission four percent of all sticker fees, excluding the issuing fee for
stickers consigned to subagents and the issuing fee on stickers sold by the
auditor to stickerholders to the commissioner.
Unsold stickers in the hands of any subagent shall be
redeemed by the commissioner if presented for redemption within the time
prescribed by the commissioner. Any
stickers not presented for redemption within the period prescribed shall be
conclusively presumed to have been sold, and the subagent possessing the same
or to whom they are charged shall be accountable.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 36. Minnesota
Statutes 2004, section 84.8205, subdivision 4, is amended to read:
Subd. 4. [DISTRIBUTION
ISSUANCE OF STICKERS.] The commissioner and agents shall provide
issue and sell snowmobile state trail stickers to all agents
authorized to issue stickers by the commissioner.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 37. Minnesota
Statutes 2004, section 84.8205, subdivision 6, is amended to read:
Subd. 6. [DUPLICATE
STATE TRAIL STICKERS.] The commissioner and agents shall issue a
duplicate sticker to persons whose sticker is lost or destroyed using the
process established under section 97A.405, subdivision 3, and rules promulgated
thereunder. The fee for a duplicate
state trail sticker is $2, with an issuing fee of 50 cents.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 38. Minnesota
Statutes 2004, section 84.83, subdivision 3, is amended to read:
Subd. 3. [PURPOSES FOR
THE ACCOUNT.] The money deposited in the account and interest earned on that
money may be expended only as appropriated by law for the following purposes:
(1) for a grant-in-aid program to counties and municipalities
for construction and maintenance of snowmobile trails, including maintenance of
trails on lands and waters of Voyageurs National Park, on Lake of the Woods,
on Rainy Lake, and on the following lakes in St. Louis County: Burntside, Crane, Echo, Little Long, Mud,
Pelican, Shagawa, and Vermilion;
(2) for acquisition, development, and maintenance of state
recreational snowmobile trails;
(3) for snowmobile safety programs; and
(4) for the administration and enforcement of sections 84.81 to
84.91 and appropriated grants to local law enforcement agencies.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 39. Minnesota
Statutes 2004, section 84.83, is amended by adding a subdivision to read:
Subd. 6.
[EASEMENT ACQUISITION; APPROPRIATION.] (a) The position of trails
acquisition coordinator is created in the classified service under the
commissioner of natural resources. The
coordinator is responsible for acquiring easements for permanent recreational
snowmobile trails.
(b) $500,000 is annually appropriated from the snowmobile
trails and enforcement account to the commissioner to acquire easements, and
the administrative costs for acquiring easements, for permanent recreational
snowmobile trails.
Sec. 40. Minnesota
Statutes 2004, section 84.86, subdivision 1, is amended to read:
Subdivision 1.
[REQUIRED RULES.] With a view of achieving maximum use of snowmobiles
consistent with protection of the environment the commissioner of natural
resources shall adopt rules in the manner provided by chapter 14, for the
following purposes:
(1) Registration of snowmobiles and display of registration
numbers.
(2) Use of snowmobiles insofar as game and fish resources are
affected.
(3) Use of snowmobiles on public lands and waters, or on
grant-in-aid trails.
(4) Uniform signs to be used by the state, counties, and
cities, which are necessary or desirable to control, direct, or regulate the
operation and use of snowmobiles.
(5) Specifications relating to snowmobile mufflers.
(6) A comprehensive snowmobile information and safety education
and training program, including but not limited to the preparation and
dissemination of snowmobile information and safety advice to the public, the
training of snowmobile operators, and the issuance of snowmobile safety certificates
to snowmobile operators who successfully complete the snowmobile safety
education and training course. For the
purpose of administering such program and to defray expenses of training and
certifying snowmobile operators, the commissioner shall collect a fee from each
person who receives the youth or adult training. The commissioner shall collect a fee, to include a $1 issuing
fee for licensing agents, for issuing a duplicate snowmobile safety
certificate. The commissioner shall
establish both fees in a manner that neither significantly overrecovers nor
underrecovers costs, including overhead costs, involved in providing the
services. The fees are not subject to
the rulemaking provisions of chapter 14 and section 14.386 does not apply. The fees may be established by the
commissioner notwithstanding section 16A.1283.
The fees of Natural Resources for the
administration of such programs. In
addition to the fee established by the commissioner, instructors may charge
each person up to the established fee amount for class materials and expenses. The commissioner shall cooperate with
private organizations and associations, private and public corporations, and
local governmental units in furtherance of the program established under this
clause. School districts may cooperate
with the commissioner and volunteer instructors to provide space for the
classroom portion of the training. The
commissioner shall consult with the commissioner of public safety in regard to
training program subject matter and performance testing that leads to the
certification of snowmobile operators. must, except for the issuing fee for licensing agents
under this subdivision, shall be deposited in the snowmobile trails and
enforcement account in the natural resources fund and the amount thereof,
except for the electronic licensing system commission established by the
commissioner under section 84.027, subdivision 15, and issuing fees collected
by the commissioner, is appropriated annually to the Enforcement Division of
the Department
(7) The operator of any snowmobile involved in an accident
resulting in injury requiring medical attention or hospitalization to or death
of any person or total damage to an extent of $500 or more, shall forward a
written report of the accident to the commissioner on such form as the
commissioner shall prescribe. If the
operator is killed or is unable to file a report due to incapacitation, any
peace officer investigating the accident shall file the accident report within
ten business days.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 41. Minnesota
Statutes 2004, section 84.91, subdivision 1, is amended to read:
Subdivision 1. [ACTS
PROHIBITED.] (a) No owner or other person having charge or control of any
snowmobile or all-terrain vehicle shall authorize or permit any individual the
person knows or has reason to believe is under the influence of alcohol or a
controlled substance or other substance to operate the snowmobile or
all-terrain vehicle anywhere in this state or on the ice of any boundary water
of this state.
(b) No owner or other person having charge or control of any
snowmobile or all-terrain vehicle shall knowingly authorize or permit any
person, who by reason of any physical or mental disability is incapable of
operating the vehicle, to operate the snowmobile or all-terrain vehicle
anywhere in this state or on the ice of any boundary water of this state.
(c) A person who operates or is in physical control of a
snowmobile or all-terrain vehicle anywhere in this state or on the ice of any
boundary water of this state is subject to chapter 169A. In addition to the applicable sanctions
under chapter 169A, a person who is convicted of violating section 169A.20 or an
ordinance in conformity with it while operating a snowmobile or all-terrain
vehicle, or who refuses to comply with a lawful request to submit to testing
under sections 169A.50 to 169A.53 or an ordinance in conformity with it, shall
be prohibited from operating the snowmobile or all-terrain vehicle for a period
of one year. The commissioner shall
notify the person of the time period during which the person is prohibited from
operating a snowmobile or all-terrain vehicle.
(d) Administrative and judicial review of the operating
privileges prohibition is governed by section 97B.066, subdivisions 7 to 9, if
the person does not have a prior impaired driving conviction or prior license
revocation, as defined in section 169A.03.
Otherwise, administrative and judicial review of the prohibition is governed
by section 169A.53.
(e) The court shall promptly forward to the commissioner and
the Department of Public Safety copies of all convictions and criminal and
civil sanctions imposed under this section and chapter chapters
169 and 169A relating to snowmobiles and all-terrain vehicles.
(f) A person who violates paragraph (a) or (b), or an ordinance
in conformity with either of them, is guilty of a misdemeanor. A person who operates a snowmobile or
all-terrain vehicle during the time period the person is prohibited from
operating a vehicle under paragraph (c) is guilty of a misdemeanor.
Sec. 42. Minnesota
Statutes 2004, section 84.922, subdivision 2, is amended to read:
Subd. 2. [APPLICATION,
ISSUANCE, REPORTS.] (a) Application for registration or continued registration
shall be made to the commissioner of natural resources, the commissioner of
public safety 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 vehicle.
(b) A person who purchases an all-terrain vehicle from a retail
dealer shall make application for registration to the dealer at the point of
sale. The dealer shall issue a dealer
temporary ten-day registration permit to each purchaser who applies to the
dealer for registration. The dealer
shall submit the completed registration application 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 an
assigned registration number that or a commissioner or deputy
registrar temporary ten-day permit.
Once issued, the registration number must be affixed to the vehicle
in a manner prescribed by the commissioner.
A dealer subject to paragraph (b) shall provide the registration
materials and or temporary receipt permit to the
purchaser within the ten-day temporary permit period. The commissioner shall use the snowmobile registration system to
register vehicles under this section.
(d) Each deputy registrar of motor vehicles acting under
section 168.33, is also a deputy registrar of all-terrain vehicles. The commissioner of natural resources in
agreement with the commissioner of public safety may prescribe the accounting
and procedural requirements necessary to assure efficient handling of registrations
and registration fees. Deputy
registrars shall strictly comply with the accounting and procedural
requirements.
(e) In addition to other fees prescribed by law, a filing fee
of $4.50 is charged for each all-terrain vehicle registration renewal, duplicate
or replacement registration card, and replacement decal and a filing fee of $7
is charged for each all-terrain vehicle registration and registration transfer
issued by:
(1) a deputy registrar and shall be deposited in the treasury
of the jurisdiction where the deputy is appointed, or retained if the deputy is
not a public official; or
(2) the commissioner and shall be deposited to the state
treasury and credited to the all-terrain vehicle account in the natural
resources fund.
Sec. 43. Minnesota
Statutes 2004, section 84.922, is amended by adding a subdivision to read:
Subd. 12.
[REFUNDS.] The commissioner may issue a refund on a registration, not
including any issuing fees paid under subdivision 2, paragraph (e), or section
84.027, subdivision 15, paragraph (a), clause (3), if the refund request is
received within 12 months of the original registration and:
(1) the vehicle was registered incorrectly by the
commissioner or the deputy registrar; or
(2) the vehicle was registered twice, once by the dealer and
once by the customer.
Sec. 44. Minnesota
Statutes 2004, section 84.925, subdivision 1, is amended to read:
Subdivision 1. [PROGRAM
ESTABLISHED.] (a) The commissioner shall establish a comprehensive all-terrain
vehicle environmental and safety education and training program, including the
preparation and dissemination of vehicle information and safety advice to the
public, the training of all-terrain vehicle operators, and the issuance of
all-terrain vehicle safety certificates to vehicle operators over the age of 12
years who successfully complete the all-terrain vehicle environmental and
safety education and training course.
(b) For the purpose of administering the
program and to defray a portion of the expenses of training and certifying
vehicle operators, the commissioner shall collect a fee of $15 from each person
who receives the training. The
commissioner shall collect a fee, to include a $1 issuing fee for licensing
agents, for issuing a duplicate all-terrain vehicle safety
certificate. The commissioner shall
establish the fee for a duplicate all-terrain vehicle safety certificate that
neither significantly overrecovers nor underrecovers costs, including overhead
costs, involved in providing the service.
Fee proceeds, except for the issuing fee for licensing agents under
this subdivision, shall be deposited in the all-terrain vehicle account in
the natural resources fund. In
addition to the fee established by the commissioner, instructors may charge
each person the cost of class material and expenses.
(c) The commissioner shall cooperate with private organizations
and associations, private and public corporations, and local governmental units
in furtherance of the program established under this section. School districts may cooperate with the
commissioner and volunteer instructors to provide space for the classroom
portion of the training. The
commissioner shall consult with the commissioner of public safety in regard to
training program subject matter and performance testing that leads to the
certification of vehicle operators. By
June 30, 2003, the commissioner shall incorporate a riding component in the
safety education and training program.
[EFFECTIVE DATE.] This
section, except for the the last sentence in paragraph (b), is effective July
6, 2005.
Sec. 45. Minnesota
Statutes 2004, section 84.925, is amended by adding a subdivision to read:
Subd. 5.
[TRAINING REQUIREMENTS.] (a) An individual who was born after July 1,
1987, and who is 16 years of age or older, must successfully complete the
independent study course component of all-terrain vehicle safety training.
(b) An individual who is convicted of violating a law
related to the operation of an all-terrain vehicle must successfully complete the
independent study course component of all-terrain vehicle safety training
before continuing operation of an all-terrain vehicle.
(c) An individual who is convicted for a second or
subsequent excess speed, trespass, or wetland violation in an all-terrain
vehicle season, or any conviction for careless or reckless operation of an
all-terrain vehicle, must successfully complete the independent study and the
testing and operating course components of all-terrain vehicle safety training
before continuing operation of an all-terrain vehicle.
(d) An individual who receives three or more citations and
convictions for violating a law related to the operation of an all-terrain
vehicle in a two-year period must successfully complete the independent study
and the testing and operating course components of all-terrain vehicle safety
training before continuing operation of an all-terrain vehicle.
(e) An individual must present evidence of compliance with
this subdivision before an all-terrain vehicle registration is issued or
renewed.
[EFFECTIVE DATE.] This
section is effective January 1, 2006.
Sec. 46. Minnesota
Statutes 2004, section 84.9256, subdivision 1, is amended to read:
Subdivision 1.
[PROHIBITIONS ON YOUTHFUL OPERATORS.] (a) Except for operation on public
road rights-of-way that is permitted under section 84.928, a driver's license
issued by the state or another state is required to operate an all-terrain
vehicle along or on a public road right-of-way.
(b) A person under 12 years of age shall not:
(1) make a direct crossing of a public
road right-of-way;
(2) operate an all-terrain vehicle on a public road
right-of-way in the state; or
(3) operate an all-terrain vehicle on public lands or waters,
except as provided in paragraph (e).
(c) Except for public road rights-of-way of interstate
highways, a person 12 years of age but less than 16 years may make a direct
crossing of a public road right-of-way of a trunk, county state-aid, or county
highway or operate on public lands and waters, only if that person possesses a
valid all-terrain vehicle safety certificate issued by the commissioner and is
accompanied on another all-terrain vehicle by a person 18 years of age or older
who holds a valid driver's license.
(d) To be issued an all-terrain vehicle safety certificates
issued by the commissioner to persons certificate, a person at least
12 years old, but less than 16 years old, are not valid for machines in
excess of 90cc engine capacity unless must:
(1) the person successfully completed complete
the safety education and training program under section 84.925, subdivision 1,
including a riding component; and
(2) the riding component of the training was conducted using
an all-terrain vehicle with over 90cc engine capacity; and
(3) the person is be able to properly reach and
control the handle bars and reach the foot pegs while sitting upright on the
seat of the all-terrain vehicle.
(e) A person at least ten years of age but under 12 years of
age may operate an all-terrain vehicle with an engine capacity up to 90cc on
public lands or waters if accompanied by a parent or legal guardian.
Sec. 47. Minnesota
Statutes 2004, section 84.9257, is amended to read:
84.9257 [PASSENGERS.]
(a) A parent or guardian may operate an all-terrain vehicle
carrying one passenger who is under 16 years of age and who wears a safety
helmet approved by the commissioner of public safety.
(b) For the purpose of this section, "guardian" means
a legal guardian of a person under age 16, or a person 18 or older who has been
authorized by the parent or legal guardian to supervise the person under age
16.
(c) A person 18 years of age or older may operate an
all-terrain vehicle carrying one passenger who is 16 or 17 years of age and
wears a safety helmet approved by the commissioner of public safety.
(d) A person 18 years of age or older may operate an
all-terrain vehicle carrying one passenger who is 18 years of age or older.
Sec. 48. Minnesota
Statutes 2004, section 84.926, is amended to read:
84.926 [VEHICLE USE ALLOWED ON PUBLIC LANDS BY THE
COMMISSIONER; EXCEPTIONS.]
Subdivision 1.
[EXCEPTION BY PERMIT.] Notwithstanding section sections
84.773, subdivision 1, and 84.777, on a case by case basis, the
commissioner may issue a permit authorizing a person to operate an off-highway
vehicle on individual public trails under the commissioner's jurisdiction
during specified times and for specified purposes.
Subd. 2. [ALL-TERRAIN VEHICLES; MANAGED OR LIMITED FORESTS; OFF TRAIL.] Notwithstanding
section 84.777, but subject to the commissioner's authority under subdivision
5, on state forest lands classified as managed or limited, other than the
Richard J. Dorer Memorial Hardwood Forest, a person may use an all-terrain
vehicle off forest trails or forest roads when:
(1) hunting big game or transporting or installing hunting
stands during October, November, and December, when in possession of a valid
big game hunting license;
(2) retrieving big game in September, when in possession of
a valid big game hunting license;
(3) tending traps during an open trapping season for
protected furbearers, when in possession of a valid trapping license; or
(4) trapping minnows, when in possession of a valid minnow
dealer, private fish hatchery, or aquatic farm license.
Subd. 3.
[ALL-TERRAIN VEHICLES; CLOSED FORESTS; HUNTING.] Notwithstanding
section 84.777, the commissioner may determine whether all-terrain vehicles are
allowed on specific forest roads, on state forest lands classified as closed,
for the purpose of hunting big game during an open big game season. The determination shall be by written order
as published in the State Register and is exempt from chapter 14. Section 14.386 does not apply.
Subd. 4.
[OFF-ROAD AND ALL-TERRAIN VEHICLES; LIMITED OR MANAGED FORESTS; TRAILS.]
Notwithstanding section 84.777, but subject to the commissioner's authority
under subdivision 5, on state forest lands classified as limited or managed,
other than the Richard J. Dorer Memorial Hardwood Forest, a person may use
vehicles registered under chapter 168 or section 84.798 or 84.922 on forest
trails that are not designated for a specific use when:
(1) hunting big game or transporting or installing hunting
stands during October, November, and December, when in possession of a valid
big game hunting license;
(2) retrieving big game in September, when in possession of
a valid big game hunting license;
(3) tending traps during an open trapping season for
protected furbearers, when in possession of a valid trapping license; or
(4) trapping minnows, when in possession of a valid minnow
dealer, private fish hatchery, or aquatic farm license.
Subd. 5.
[LIMITATIONS ON OFF-TRAIL AND UNDESIGNATED TRAIL USE.] The
commissioner may designate areas on state forest lands that are not subject to
the exceptions provided in subdivisions 2 and 4. Such designations are not subject to the rulemaking provisions of
chapter 14 and section 14.386 does not apply.
Before designating such areas, the commissioner shall hold a public
meeting in the county where the largest portion of the forest lands are located
to provide information to and receive comment from the public regarding the
proposed designation. Sixty days before
the public meeting, notice of the proposed designation shall be published in
the legal newspapers that serve the counties in which the lands are located, in
a statewide Department of Natural Resources news release, and in the State
Register.
Sec. 49.
Minnesota Statutes 2004, section 84.928, subdivision 2, is amended to
read:
Subd. 2. [OPERATION
GENERALLY.] A person may not drive or operate an all-terrain vehicle:
(1) at a rate of speed greater than reasonable or proper under
the surrounding circumstances;
(2) in a careless, reckless, or negligent manner so as to
endanger or to cause injury or damage to the person or property of another;
(3) without headlight and taillight lighted at all times if the
vehicle is equipped with headlight and taillight;
(4) without a functioning stoplight if so equipped;
(5) in a tree nursery or planting in a manner that damages or
destroys growing stock;
(6) without a brake operational by either hand or foot;
(7) with more persons than one person on the
vehicle than it was designed for, except as allowed under section
84.9257;
(8) at a speed exceeding ten miles per hour on the frozen
surface of public waters within 100 feet of a person not on an all-terrain
vehicle or within 100 feet of a fishing shelter; or
(9) with a snorkel device that has a raised air intake six
inches or more above the vehicle manufacturer's original air intake, except
within the Iron Range Off-Highway Vehicle Recreation Area as described in
section 85.013, subdivision 12a, or other public off-highway vehicle recreation
areas; or
(9) (10) in a manner that violates operation
rules adopted by the commissioner.
Sec. 50. Minnesota
Statutes 2004, section 84D.03, subdivision 4, is amended to read:
Subd. 4. [COMMERCIAL
FISHING AND TURTLE, FROG, AND CRAYFISH HARVESTING RESTRICTIONS IN
INFESTED AND NONINFESTED WATERS.] (a) All nets, traps, buoys, anchors, stakes,
and lines used for commercial fishing or turtle, frog, or crayfish harvesting
in an infested waters, water that is designated because the
waters contain it contains invasive fish or invertebrates, may not
be used in noninfested any other waters. If a commercial licensee operates in both noninfested
waters and an infested waters water designated because
the waters contain it contains invasive fish or invertebrates and
other waters, all nets, traps, buoys, anchors, stakes, and lines used for
commercial fishing or turtle, frog, or crayfish harvesting in noninfested
waters not designated as infested with invasive fish or invertebrates
must be tagged with tags provided by the commissioner, as specified in the
commercial licensee's license or permit, and may not be used in infested waters
designated because the waters contain invasive fish or invertebrates.
(b) In infested waters designated solely because the waters
contain Eurasian water milfoil, All nets, traps, buoys, anchors, stakes,
and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
an infested water that is designated solely because it contains Eurasian water
milfoil must be dried for a minimum of ten days or frozen for a minimum of
two days before they are used in noninfested any other waters,
except as provided in this paragraph.
Commercial operators licensees must notify the
department's regional or area fisheries office or a conservation officer when
before removing nets or equipment from an infested waters water
designated solely because it contains Eurasian water milfoil and before
resetting those nets or equipment in noninfested any other
waters. All aquatic macrophytes Upon
such notification, the commissioner may authorize a commercial licensee to move
nets or equipment to another water without freezing or drying, if that water is
designated as infested solely because it contains Eurasian water milfoil.
(c) A commercial licensee must be
removed remove all aquatic macrophytes from nets and other equipment
when the nets and equipment are removed from infested waters of the
state.
(d) The commissioner shall provide a commercial licensee
with a current listing of designated infested waters at the time that a license
or permit is issued.
Sec. 51. Minnesota
Statutes 2004, 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 January 1 of 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 purchased
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.
Sec. 52. Minnesota
Statutes 2004, section 85.053, subdivision 2, is amended to read:
Subd. 2. [REQUIREMENT.]
Except as provided in section 85.054, a motor vehicle may not enter a state
park, state recreation area, or state wayside over 50 acres in area, without a
state park permit issued under this section.
Except for vehicles permitted under subdivision 7, paragraph (a), clause
(2), the state park permit must be affixed to the lower right corner windshield
of the motor vehicle and must be completely affixed by its own adhesive to the
windshield, or the commissioner may, by written order, provide an
alternative means to display and validate annual permits.
Sec. 53. Minnesota
Statutes 2004, section 85.055, is amended by adding a subdivision to read:
Subd. 1b.
[DISCOUNTS.] Except as otherwise specified in law, and
notwithstanding section 16A.1285, subdivision 2, the commissioner may by
written order authorize waiver or reduction of state park entrance fees.
Sec. 54. Minnesota
Statutes 2004, section 85.055, subdivision 2, is amended to read:
Subd. 2. [FEE DEPOSIT
AND APPROPRIATION.] The fees collected under this section shall be deposited in
the natural resources fund and credited to a the state parks
account. Money in the account,
except for the electronic licensing system commission established by the
commissioner under section 84.027, subdivision 15, is available for
appropriation to the commissioner to operate and maintain the state park
system.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 55. Minnesota
Statutes 2004, section 85.42, is amended to read:
85.42 [USER FEE; VALIDITY.]
(a) The fee for an annual cross-country ski pass is $9 $14
for an individual age 16 and over. The
fee for a three-year pass is $24 $39 for an individual age 16 and
over. This fee shall be collected at
the time the pass is purchased.
Three-year passes are valid for three years beginning the previous July
1. Annual passes are valid for one year
beginning the previous July 1.
(b) The cost for a daily cross-country skier pass is $2 $4
for an individual age 16 and over. This
fee shall be collected at the time the pass is purchased. The daily pass is valid only for the date
designated on the pass form.
(c) A pass must be signed by the skier across the front of the
pass to be valid and becomes nontransferable on signing.
Sec. 56. Minnesota
Statutes 2004, section 85.43, is amended to read:
85.43 [DISPOSITION OF RECEIPTS; PURPOSE.]
(a) Fees from cross-country ski passes shall be
deposited in the state treasury and credited to a cross-country ski account in
the natural resources fund and, except as provided in paragraph (b) for
the electronic licensing system commission established by the commissioner
under section 84.027, subdivision 15, are appropriated to the commissioner
of natural resources for:
(1) grants-in-aid for cross-country ski trails sponsored by
local units of government and special park districts as provided in section
85.44; and
(2) maintenance, winter grooming, and associated administrative
costs for cross-country ski trails under the jurisdiction of the commissioner.
(b) The commissioner shall retain for the operation of the
electronic licensing system a commission of 4.7 percent of all cross-country
ski pass fees collected.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 57. Minnesota
Statutes 2004, section 86B.415, subdivision 1, is amended to read:
Subdivision 1.
[WATERCRAFT 19 FEET OR LESS.] The fee for a watercraft license for
watercraft 19 feet or less in length is $18 $27 except:
(1) for watercraft, other than personal watercraft, 19 feet in
length or less that is offered for rent or lease, the fee is $6 $12;
(2) for a canoe, kayak, sailboat, sailboard, paddle boat, or
rowing shell 19 feet in length or less, the fee is $7 $14;
(3) for a watercraft 19 feet in length or less used by a nonprofit
corporation for teaching boat and water safety, the fee is as provided in
subdivision 4;
(4) for a watercraft owned by a dealer under a dealer's
license, the fee is as provided in subdivision 5;
(5) for a personal watercraft, the fee is $25 $37.50;
and
(6) for a watercraft less than 17 feet in length, other than a
watercraft listed in clauses (1) to (5), the fee is $12 $24.
Sec. 58. Minnesota
Statutes 2004, section 86B.415, subdivision 2, is amended to read:
Subd. 2. [WATERCRAFT
OVER 19 FEET.] Except as provided in subdivisions 3, 4, and 5, the watercraft
license fee:
(1) for a watercraft more than 19 feet but less than 26 feet in
length is $30 $45;
(2) for a watercraft 26 feet but less than 40 feet in length is
$45 $67.50; and
(3) for a watercraft 40 feet in length or longer is $60 $90.
Sec. 59. Minnesota
Statutes 2004, section 86B.415, subdivision 3, is amended to read:
Subd. 3. [WATERCRAFT
OVER 19 FEET FOR HIRE.] The license fee for a watercraft more than 19 feet in
length for hire with an operator is $50 $100 each.
Sec. 60. Minnesota
Statutes 2004, section 86B.415, subdivision 4, is amended to read:
Subd. 4. [WATERCRAFT
USED BY NONPROFIT CORPORATION FOR TEACHING.] The watercraft license fee for a
watercraft used by a nonprofit organization for teaching boat and water safety
is $3 $6 each.
Sec. 61. Minnesota
Statutes 2004, section 86B.415, subdivision 5, is amended to read:
Subd. 5. [DEALER'S
LICENSE.] There is no separate fee for watercraft owned by a dealer under a
dealer's license. The fee for a
dealer's license is $45 $67.50.
Sec. 62. Minnesota
Statutes 2004, section 86B.415, subdivision 6, is amended to read:
Subd. 6. [TRANSFER OR
DUPLICATE LICENSE.] The fee to transfer a watercraft license or be issued a
duplicate license is $3 $6.
Sec. 63. Minnesota
Statutes 2004, section 86B.415, is amended by adding a subdivision to read:
Subd. 11.
[REFUNDS.] The commissioner may issue a refund on a license or title,
not including any issuing fees paid under subdivision 8 or section 84.027,
subdivision 15, paragraph (a), clause (3), or 86B.870, subdivision 1, paragraph
(b), if the refund request is received within 12 months of the original license
or title and:
(1) the watercraft was licensed or titled incorrectly by the
commissioner or the deputy registrar;
(2) the customer was incorrectly charged a title fee; or
(3) the watercraft was licensed or titled twice, once by the
dealer and once by the customer.
Sec. 64. [86B.706]
[WATER RECREATION ACCOUNT; RECEIPTS AND PURPOSE.]
Subdivision 1.
[CREATION.] The water recreation account is created in the state
treasury in the natural resources fund.
Subd. 2. [MONEY
DEPOSITED IN ACCOUNT.] The following shall be deposited in the state treasury
and credited to the water recreation account:
(1) fees and surcharges from titling and licensing of
watercraft under this chapter;
(2) fines, installment payments, and forfeited bail
according to section 86B.705, subdivision 2;
(3) civil penalties according to section 84D.13;
(4) mooring fees and receipts from the sale of marine gas at
state-operated or state-assisted small craft harbors and mooring facilities
according to section 86A.21;
(5) the unrefunded gasoline tax attributable to watercraft
use under section 296A.18; and
(6) fees for permits issued to control or harvest aquatic
plants other than wild rice under section 103G.615, subdivision 2.
Subd. 3.
[PURPOSES.] The money in the account may be expended only as
appropriated by law for the following purposes:
(1) as directed under section 296A.18, subdivision 2, for
acquisition, development, maintenance, and rehabilitation of public water
access and boating facilities on public waters; lake and river improvements;
and boat and water safety;
(2) from the fees collected at state-operated or
state-assisted small craft harbors and mooring facilities from daily and
seasonal moorings and the sale of marine gas, for maintenance, operation,
replacement, and expansion of these facilities and for the debt service on
state bonds sold to finance these facilities;
(3) for administration and enforcement of this chapter as it
pertains to titling and licensing of watercraft and use and safe operation of
watercraft; grants for county-sponsored and administered boat and water safety
programs; and state boat and water safety efforts;
(4) for management of aquatic invasive species and the
implementation of chapter 84D as it pertains to aquatic invasive species,
including control, public awareness, law enforcement, assessment and
monitoring, management planning, and research; and
(5) for management of aquatic plants and the implementation
of section 103G.615 as it pertains to aquatic plants, including plant removal
permitting, control, public awareness, law enforcement, assessment and
monitoring, management planning, and research.
Sec. 65. Minnesota
Statutes 2004, section 88.17, subdivision 1, is amended to read:
Subdivision 1. [PERMIT
REQUIRED.] (a) 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, 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 the commissioner, an
agent authorized by the commissioner, or an Internet site authorized by the
commissioner.
(b) 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.
Sec. 66. Minnesota
Statutes 2004, section 88.17, is amended by adding a subdivision to read:
Subd. 4. [ACCOUNT
CREATED.] There is created in the state treasury a burning permit account
within the natural resources fund where all fees collected under this section
shall be deposited.
Sec. 67. Minnesota
Statutes 2004, section 88.17, is amended by adding a subdivision to read:
Subd. 5. [PERMIT
FEES.] (a) The annual fees for an electronic burning permit are:
(1) $5 for a noncommercial burning permit; and
(2) for commercial enterprises that obtain multiple permits,
$5 per permit for each burning site, up to a maximum of $50 per individual
business enterprise per year.
(b) Except for the issuing fee under paragraph (c), and for
the electronic licensing system commission established by the commissioner
under section 84.027, subdivision 15, money received from permits issued under
this section shall be deposited in the state treasury and credited to the
burning permit account and is annually appropriated to the commissioner of
natural resources for the costs of operating the burning permit system.
(c) Of the fee amount collected under paragraph (a), $1
shall be retained by the permit agent as a commission for issuing electronic
permits.
Sec. 68. Minnesota
Statutes 2004, section 88.6435, subdivision 4, is amended to read:
Subd. 4. [FOREST
BOUGH ACCOUNT; DISPOSITION OF PERMIT FEES AND PENALTIES.] (a)
The forest bough account is established in the state treasury within the
natural resources fund.
(b) Fees for permits issued under this section shall be
deposited in the state treasury and credited to the special revenue fund
forest bough account and, except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision
15, are annually appropriated to the commissioner of natural resources for
costs associated with balsam bough educational programs for harvesters and
buyers.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 69. Minnesota
Statutes 2004, section 89.039, subdivision 1, is amended to read:
Subdivision 1. [ACCOUNT
ESTABLISHED; SOURCES.] The forest management investment account is created in
the natural resources fund in the state treasury and money in the account may
be spent only for the purposes provided in subdivision 2. The following revenue shall be deposited in
the forest management investment account:
(1) timber sales receipts transferred from the consolidated
conservation areas account as provided in section 84A.51, subdivision 2;
(2) timber sales receipts from forest lands as provided in
section 89.035; and
(3) money transferred from the forest suspense account
according to section 16A.125, subdivision 5; and
(4) interest accruing from investment of the account.
Sec. 70. Minnesota
Statutes 2004, section 89.19, subdivision 2, is amended to read:
Subd. 2. [RULEMAKING
EXEMPTION.] Designations of forest trails and changes to the designations
by the commissioner shall be by written order published in the State
Register. Designations and changes
to designations are not subject to the rulemaking provisions of chapter 14
and section 14.386 does not apply.
Before designating or changing a designation of forest trails,
the commissioner shall hold a public meeting in the county where the largest
portion of the forest lands are located to provide information to and receive
comment from the public regarding the proposed trail designation or change
in designation. Sixty days before
the public meeting, notice of the proposed forest trail designation or
change in designation shall be published in the legal newspapers that serve
the counties in which the lands are located, in a statewide Department of
Natural Resources news release, and in the State Register.
Sec. 71. Minnesota
Statutes 2004, section 89.37, is amended by adding a subdivision to read:
Subd. 4a.
[SURCHARGE.] For tree seedlings sold according to this section, the
commissioner may assess a 2.5 cent surcharge on each tree seedling. All surcharges collected under this
subdivision must be deposited in the state treasury and credited to the forest
nursery account and are annually appropriated to the commissioner for the
purpose of forestry education and technical assistance.
Sec. 72. Minnesota
Statutes 2004, section 92.03, subdivision 4, is amended to read:
Subd. 4. [INTERNAL
IMPROVEMENT LANDS.] When lands donated to the state under the eighth
section of an act of Congress entitled "An act to appropriate the proceeds
of the sales of the public lands, and to grant preemption rights,"
approved September 4, 1841, must be are sold and,
the money derived from its sale must be invested, as provided by the
Minnesota Constitution, article XI, section 8.
Sec. 73. [92.685] [LAND
MANAGEMENT ACCOUNT.]
The land management account is created in the natural
resources fund. Money credited to the account
is appropriated annually to the commissioner of natural resources for the Lands
and Minerals Division to administer the road easement program under section
84.631.
Sec. 74. Minnesota
Statutes 2004, section 93.22, subdivision 1, is amended to read:
Subdivision 1.
[GENERALLY.] (a) All payments under sections 93.14 to 93.285
shall be made to the Department of Natural Resources and shall be credited
according to this section.
(a) (b) Twenty percent of all payments under sections
93.14 to 93.285 shall be credited to the minerals management account in the
natural resources fund as costs for the administration and management of state
mineral resources by the commissioner of natural resources.
(c) The remainder of the payments shall be credited as
follows:
(1) if the lands or minerals and
mineral rights covered by a lease are held by the state by virtue of an act of
Congress, payments made under the lease shall be credited to the permanent fund
of the class of land to which the leased premises belong.;
(b) (2) if a lease covers the bed of navigable
waters, payments made under the lease shall be credited to the permanent school
fund of the state.;
(c) (3) if the lands or minerals and mineral
rights covered by a lease are held by the state in trust for the taxing
districts, payments made under the lease shall be distributed annually on the
first day of September as follows:
(1) 20 percent to the general fund; and
(2) 80 percent to the respective counties in which the
lands lie, to be apportioned among the taxing districts interested therein as
follows: county, three-ninths; town or
city, two-ninths; and school district, four-ninths.;
(4) if the lands or mineral rights covered by a lease became
the absolute property of the state under the provisions of chapter 84A,
payments made under the lease shall be distributed as follows: county containing the land from which the
income was derived, five-eighths; and general fund of the state, three-eighths;
and
(d) (5) Except as provided under this section and
except where the disposition of payments may be otherwise directed by law, all
payments made under a lease shall be paid into the general fund of the
state.
Sec. 75. [93.2236]
[MINERALS MANAGEMENT ACCOUNT.]
(a) The minerals management account is created as an account
in the natural resources fund. Interest
earned on money in the account accrues to the account. Money in the account may be spent or distributed
only as provided in paragraphs (b) and (c).
(b) If the balance in the minerals management account
exceeds $3,000,000 on June 30, the amount exceeding $3,000,000 must be
distributed to the permanent school fund and the permanent university
fund. The amount distributed to each
fund must be in the same proportion as the total mineral lease revenue received
in the previous biennium from school trust lands and university lands.
(c) Subject to appropriation by the legislature, money in
the minerals management account may be spent by the commissioner of natural
resources for mineral resource management and projects to enhance future
mineral income and promote new mineral resource opportunities.
Sec. 76. Minnesota
Statutes 2004, section 94.342, subdivision 1, is amended to read:
Subdivision 1. [CLASS
A.] All land owned by the state and controlled or administered by the
commissioner or by any division or agency of the Department of Natural
Resources shall be known as Class A land for the purposes of sections 94.341 to
94.347. Class A land shall include
school, swamp, internal improvement, and other land granted to the state by
acts of Congress, state forest land, tax-forfeited land held by the state free
from any trust in favor of taxing districts, and other land acquired by the
state in any manner and controlled or administered as aforesaid; but this
enumeration shall not be deemed exclusive.
Sec. 77. Minnesota
Statutes 2004, section 94.342, subdivision 3, is amended to read:
Subd. 3. [ exchange
the state acquires land on the same or other public waters in the same general
vicinity affording at least equal opportunity for access to the waters and
other riparian use by the public; provided, that any exchange with the United
States or any agency thereof may be made free from this limitation upon
condition that the state land given in exchange bordering on public waters
shall be subject to reservations by the state for public travel along the
shores as provided by section 92.45, unless waived as provided in this
subdivision, and that there shall be reserved by the state such additional
rights of public use upon suitable portions of such state land as the
commissioner of natural resources, with the approval of the Land Exchange
Board, may deem necessary or desirable for camping, hunting, fishing, access to
the water, and other public uses. In
regard to Class B or CLASS C
ADDITIONAL RESTRICTIONS ON RIPARIAN LAND.] Land bordering on or adjacent
to any meandered or other public waters and withdrawn from sale by law is Class
C riparian land. Class C
Riparian land may not be given in exchange unless expressly authorized
by the legislature or unless through the same Class C riparian land that is contained
within that portion of the Superior National Forest that is designated as the
Boundary Waters Canoe Area Wilderness, the condition that state land given in
exchange bordering on public waters must be subject to the public travel
reservations provided in section 92.45, may be waived by the Land Exchange
Board upon the recommendation of the commissioner of natural resources and, if
the land is Class B land, the additional recommendation of the county board in
which the land is located.
Sec. 78. Minnesota
Statutes 2004, section 94.342, subdivision 4, is amended to read:
Subd. 4. [ADDITIONAL
RESTRICTIONS ON STATE PARK LAND.] Land specifically designated by law as a
state park may not be given in exchange unless the land is school trust land
that is exchanged for Class A or Class C land located outside a state
park.
Sec. 79. Minnesota
Statutes 2004, section 94.342, subdivision 5, is amended to read:
Subd. 5. [ADDITIONAL
RESTRICTIONS ON SCHOOL TRUST LAND.] School trust land may be exchanged with
other state Class A land only if the Permanent School Fund
Advisory Committee is appointed as temporary trustee of the school trust land
for purposes of the exchange. The
committee shall provide independent legal counsel to review the exchanges.
Sec. 80. Minnesota
Statutes 2004, section 94.343, subdivision 1, is amended to read:
Subdivision 1. [GENERAL
EXCHANGE PROVISIONS.] Except as otherwise herein provided, (a)
Any Class A land may, with the unanimous approval of the board, be exchanged
for any publicly held or privately owned land in the manner and subject to the
conditions herein prescribed. Class
A land may be exchanged only if it meets the requirements of subdivision 3 or
5.
(b) The commissioner, with the approval of the board,
shall formulate general programs of exchange of Class A land designed to serve
the best interests of the state in the acquisition, development, and use of
lands for purposes within the province of the Department of Natural Resources.
Sec. 81. Minnesota
Statutes 2004, section 94.343, is amended by adding a subdivision to read:
Subd. 2a.
[VALUATION OF LAND.] The commissioner shall cause the state land and
the land proposed to be exchanged therefor to be examined and value determined
as provided in section 84.0272; provided, that in exchanges with the United
States or any agency thereof the examination and value determination may be made
in such manner as the Land Exchange Board may direct. The determined values shall not be conclusive, but shall be taken
into consideration by the commissioner and the board, together with such other
matters as they deem material, in determining the values for the purposes of
exchange.
Sec. 82. Minnesota
Statutes 2004, section 94.343, subdivision 3, is amended to read:
Subd. 3. [EXCHANGING
LAND OF SUBSTANTIALLY EQUAL VALUE purposes
of such determination, the commissioner shall cause the state land and the land
proposed to be exchanged therefor to be examined and appraised by qualified
state appraisers as provided in section 84.0272; provided, that in exchanges
with the United States or any agency thereof the examination and appraisal may
be made in such manner as the Land Exchange Board may direct. The appraisers shall determine the fair
market value of the lands involved, disregarding any minimum value fixed for
state land by the state Constitution or by law, and shall make a report
thereof, together with such other pertinent information respecting the use and
value of the lands to the state as they deem pertinent or as the commissioner
or the board may require. Such reports
shall be filed and preserved in the same manner as other reports of appraisal
of state lands. The appraised values
shall not be conclusive, but shall be taken into consideration by the
commissioner and the board, together with such other matters as they deem
material, in determining the values for the purposes of exchange. REQUIRED OR LOWER VALUE.]
(a) Except as otherwise herein provided, Class A land shall be exchanged
only for land of at least substantially equal value to the state, as determined
by the commissioner, with the approval of the board. For the
(b) For the purposes of this subdivision, "substantially
equal value" means:
(1) where the lands being exchanged are both over 100 acres,
their values do not differ by more than ten percent; and
(2) in other cases, the values of the exchanged lands do not
differ by more than 20 percent.
(c) Other than school trust land, Class A land may be
exchanged for land of lesser value if the other party to the exchange pays to
the state the amount of the difference in value. Money received by the commissioner in such cases shall be
credited to the same fund as in the case of sale of the land, if such a fund
exists, otherwise to the special fund, if any, from which the cost of the land
was paid, otherwise to the general fund.
Sec. 83. Minnesota
Statutes 2004, section 94.343, subdivision 7, is amended to read:
Subd. 7. [PUBLIC
HEARING.] Before giving final approval to any exchange of Class A land, the board
commissioner shall hold a public hearing thereon at the capital city or
at some place which it may designate in the general area where the lands
involved are situated; provided, that the board may direct such hearing to
be held in its behalf by any of its members or by the commissioner or by a
referee appointed by the board. The
commissioner shall furnish to the auditor of each county affected a notice of
the hearing signed by the state auditor as secretary of the board commissioner,
together with a list of all the lands proposed to be exchanged and situated in
the county, and the county auditor shall post the same in the auditor's office
at least two weeks before the hearing.
The county auditor commissioner shall also cause a
copy of the notice, referring to the list of lands posted, to be published at
least two weeks before the hearing in a legal newspaper published in the
county. The cost of publication of the
notice shall be paid by the state out of any moneys appropriated for the
expenses of the board commissioner.
Sec. 84. Minnesota
Statutes 2004, section 94.343, subdivision 8, is amended to read:
Subd. 8. [PROPOSALS FOR
EXCHANGE.] The commissioner, with the approval of the board, may submit a
proposal for exchange of Class A land to any land owner concerned. Any land owner may submit to the
commissioner and the board a proposal for exchange in such form as the
commissioner, with the approval of the board, may prescribe.
Sec. 85. Minnesota
Statutes 2004, section 94.343, is amended by adding a subdivision to read:
Subd. 8a.
[FEES.] (a) When a private landowner or governmental unit, except the
state, presents to the commissioner an offer to exchange privately or publicly
held land for Class A land, the private landowner or governmental unit shall
pay to the commissioner a determination of value fee and survey fee of not less
than one-half of the cost of the determination of value and survey fees as
determined by the commissioner.
(b) Except as provided in paragraph
(c), any payment made under paragraph (a) shall be credited to the account from
which the expenses are paid and is appropriated for expenditure in the same
manner as other money in the account.
(c) The fees shall be refunded if the land exchange offer is
withdrawn by a private landowner or governmental unit before the money is
obligated to be spent.
Sec. 86. Minnesota
Statutes 2004, section 94.343, subdivision 10, is amended to read:
Subd. 10. [CONVEYANCE.]
Conveyance of Class A land given in exchange shall be made by deed executed by
the commissioner in the name of the state, with a certificate of unanimous
approval by the board appended. All
such deeds received by the state shall be recorded or registered in the county
in which the lands lie, and all recorded deeds and certificates of
registered title shall be filed in the office having custody of the state
public land records in the Department of Natural Resources.
Sec. 87. Minnesota
Statutes 2004, section 94.344, subdivision 1, is amended to read:
Subdivision 1. [GENERAL
EXCHANGE PROVISIONS.] Except as otherwise provided, Class B land, by
resolution of the county board of the county where the land is located and with
the unanimous approval of the Land Exchange Board, may be exchanged for any
publicly held or privately owned land in the same county. Class B land may be exchanged only if it
meets the requirements of subdivision 3 or 5.
Sec. 88. Minnesota
Statutes 2004, section 94.344, is amended by adding a subdivision to read:
Subd. 2a.
[VALUATION OF LANDS.] For an exchange involving Class B land for
Class A land, the value of the lands shall be determined by the commissioner,
with approval of the Land Exchange Board.
For purposes of the determination, the commissioner shall determine the
value of the state and tax-forfeited land proposed to be exchanged in the same
manner as Class A land. For all other
purposes, the county board shall appraise the state land and the land in the
proposed exchange in the same manner as tax-forfeited land to be offered for
sale. The determined values shall not
be conclusive, but shall be taken into consideration, together with such other
matters as may be deemed material, in determining the values for the purposes
of exchange.
Sec. 89. Minnesota
Statutes 2004, section 94.344, subdivision 3, is amended to read:
Subd. 3. [EXCHANGING
LAND OF SUBSTANTIALLY EQUAL VALUE REQUIRED OR LOWER VALUE.]
(a) Except as otherwise provided, Class B land may be exchanged only for land
of substantially equal value or greater value to the state, as
determined by the county board, with the approval of the commissioner and the
Land Exchange Board. For an exchange
involving Class B land for Class A or Class C land, the value of the lands
shall be determined by the commissioner, with approval of the Land Exchange
Board. For purposes of the
determination, the commissioner shall appraise the state and tax-forfeited land
proposed to be exchanged in the same manner as Class A land. For all other purposes, the county board
shall appraise the state land and the land in the proposed exchange in the same
manner as tax-forfeited land to be offered for sale. The appraised values shall not be conclusive, but shall be taken
into consideration, together with such other matters as may be deemed material,
in determining the values for the purposes of exchange.
(b) For the purposes of this subdivision, "substantially
equal value" means:
(1) where the lands being exchanged are both over 100 acres,
their values do not differ by more than ten percent; and
(2) in other cases, the values of the exchanged lands do not
differ by more than 20 percent.
(c) Class B land may be exchanged for land of lesser value
if the other party to the exchange pays to the state the amount of the
difference in value. Money received by
the county treasurer shall be disposed of in like manner as the proceeds of a
sale of tax-forfeited land.
Sec. 90. Minnesota
Statutes 2004, section 94.344, subdivision 5, is amended to read:
Subd. 5. [OBTAINING
EXCHANGING LAND OF GREATER VALUE.] (a) Class B land may be
exchanged for land of greater value only in case if the other
party to the exchange shall waive waives payment for the
difference.
(b) Except for Class A school trust land, Class B land may
be exchanged for Class A land of greater value if the county pays to the state
the difference in value.
(c) Class B land may be exchanged for United States-owned
land of greater value if the county agrees to pay the difference in value.
Sec. 91. Minnesota
Statutes 2004, section 94.344, subdivision 8, is amended to read:
Subd. 8. [PROPOSALS FOR
EXCHANGE.] By direction of the county board, the county auditor may
submit a proposal for exchange of Class B land to any land owner
concerned. Any land owner may file with
the county auditor a proposal for exchange for consideration by the county
board. Forms for such proposals
shall be prescribed by the commissioner.
Sec. 92. Minnesota
Statutes 2004, section 94.344, subdivision 10, is amended to read:
Subd. 10. [APPROVAL;
CONVEYANCE.] After approval by the county board, every proposal for the
exchange of Class B land shall be transmitted to the commissioner in such form
and with such information as the commissioner may prescribe for consideration
by the commissioner and by the board.
The county attorney's opinion on the title, with the abstract and other
evidence of title, if any, shall accompany the proposal. If the proposal be is approved
by the commissioner and the board and the title be is approved by
the attorney general, the same shall be certified to the commissioner of
revenue, who shall execute a deed in the name of the state conveying the land
given in exchange, with a certificate of unanimous approval by the board
appended, and transmit the deed to the county auditor to be delivered upon
receipt of a deed conveying to the state the land received in exchange,
approved by the county attorney; provided, that if any amount is due the state
under the terms of the exchange, the deed from the state shall not be executed
or delivered until such amount is paid in full and a certificate thereof by the
county auditor is filed with the commissioner of revenue. The county auditor shall cause all deeds
received by the state in such exchanges to be recorded or registered, and
thereafter shall file the deeds or the certificates of registered title in the
auditor's office. If the land received
by the county in the exchange is either Class A or Class C land,
the commissioner of revenue shall deliver the deed for the Class B land to the
commissioner of natural resources and following the recording of this deed, the
commissioner of natural resources shall deliver to the county auditor a deed
conveying the Class A or Class C land to the county auditor to be
recorded or registered, and afterwards file the deeds or the certificate of
registered title in the auditor's office.
Sec. 93. Minnesota
Statutes 2004, section 97A.055, subdivision 4b, is amended to read:
Subd. 4b. [CITIZEN
OVERSIGHT SUBCOMMITTEES.] (a) The commissioner shall appoint subcommittees of
affected persons to review the reports prepared under subdivision 4; review the
proposed work plans and budgets for the coming year; propose changes in
policies, activities, and revenue enhancements or reductions; review other
relevant information; and make recommendations to the legislature and the
commissioner for improvements in the management and use of money in the game
and fish fund.
(b) The commissioner shall appoint the following subcommittees,
each comprised of at least three affected persons:
(1) a Fisheries Operations Subcommittee to review fisheries
funding, excluding activities related to trout and salmon stamp funding;
(2) a Wildlife Operations Subcommittee to review wildlife
funding, excluding activities related to migratory waterfowl, pheasant, and
turkey stamp funding and excluding review of the amounts available under
section 97A.075, subdivision 1, paragraphs (b) and (c);
(3) a Big Game Subcommittee to review the report required in
subdivision 4, paragraph (a), clause (2);
(4) an Ecological Services Operations Subcommittee to review
ecological services funding;
(5) a subcommittee to review game and fish fund funding of
enforcement, support services, and Department of Natural Resources
administration;
(6) a subcommittee to review the trout and salmon stamp report
and address funding issues related to trout and salmon;
(7) a subcommittee to review the report on the migratory
waterfowl stamp and address funding issues related to migratory waterfowl;
(8) a subcommittee to review the report on the pheasant stamp
and address funding issues related to pheasants; and
(9) a subcommittee to review the report on the turkey stamp and
address funding issues related to wild turkeys.
(c) The chairs of each of the subcommittees shall form a
Budgetary Oversight Committee to coordinate the integration of the subcommittee
reports into an annual report to the legislature; recommend changes on a broad
level in policies, activities, and revenue enhancements or reductions; provide
a forum to address issues that transcend the subcommittees; and submit a report
for any subcommittee that fails to submit its report in a timely manner.
(d) The Budgetary Oversight Committee shall develop
recommendations for a biennial budget plan and report for expenditures on game
and fish activities. By August 15 of
each even-numbered year, the committee shall submit the budget plan
recommendations to the commissioner and to the senate and house committees
with jurisdiction over natural resources finance.
(e) Each subcommittee shall choose its own chair, except that
the chair of the Budgetary Oversight Committee shall be appointed by the
commissioner and may not be the chair of any of the subcommittees.
(f) The Budgetary Oversight Committee must make recommendations
to the commissioner and to the senate and house committees with jurisdiction
over natural resources finance for outcome goals from expenditures.
(g) Notwithstanding section 15.059, subdivision 5, or other law
to the contrary, the Budgetary Oversight Committee and subcommittees do not
expire until June 30, 2005 2010.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 94. Minnesota
Statutes 2004, section 97A.061, is amended by adding a subdivision to read:
Subd. 6. [ANNUAL
APPROPRIATION FOR FISCAL YEAR 2007 AND EACH YEAR THEREAFTER.] Notwithstanding
subdivision 1, paragraph (c), for the payment made in fiscal year 2007 and each
year thereafter, the appraised value of the land acquired prior to July 1,
2004, shall be the value used for the payment made in fiscal year 2006.
Sec. 95. Minnesota
Statutes 2004, section 97A.071, subdivision 2, is amended to read:
Subd. 2. [REVENUE FROM
SMALL GAME LICENSE SURCHARGE AND LIFETIME LICENSES.] Revenue from the small
game surcharge and $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 is annually appropriated to 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.
Sec. 96. Minnesota Statutes
2004, section 97A.075, subdivision 3, is amended to read:
Subd. 3. [TROUT AND
SALMON STAMP.] (a) Ninety percent of the revenue from trout and salmon stamps
must be credited to the trout and salmon management account. Money in the account may be used only for:
(1) the development, restoration, maintenance, improvement,
protection, and preservation of habitat for trout and salmon in
trout streams and lakes, including, but not limited to, evaluating habitat;
stabilizing eroding stream banks; adding fish cover; modifying stream channels;
managing vegetation to protect, shade, or reduce runoff on stream banks; and
purchasing equipment to accomplish these tasks;
(2) rearing of trout and salmon and, including
utility and service costs associated with coldwater hatchery buildings and
systems; stocking of trout and salmon in streams and lakes and Lake
Superior; and monitoring and evaluating stocked trout and salmon;
(3) acquisition of easements and fee title along trout waters;
(4) identifying easement and fee title areas along trout
waters; and
(5) research and special management projects on trout
streams, trout lakes, and Lake Superior and the anadromous portions
of its tributaries.
(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) or, to specific fish rearing activities under
paragraph (a), clause (2), or for costs associated with supplies and
equipment to implement trout and salmon management activities under paragraph
(a).
Sec. 97. Minnesota
Statutes 2004, section 97A.135, subdivision 2a, is amended to read:
Subd. 2a. [DISPOSAL OF
LAND IN WILDLIFE MANAGEMENT AREAS.] (a) The commissioner may sell or exchange
land in a wildlife management area authorized by designation under section
86A.07, subdivision 3, 97A.133, or 97A.145 if the commissioner vacates the
designation before the sale or exchange in accordance with this
subdivision. The designation may be
vacated only if the commissioner finds, after a public hearing, that the
disposal of the land is in the public interest.
(b) A sale under this subdivision is subject to sections 94.09
to 94.16. An exchange under this
subdivision is subject to sections 94.341 to 94.348 94.347.
(c) Revenue received from a sale authorized under paragraph (a)
is appropriated to the commissioner for acquisition of replacement wildlife
management lands.
(d) Land acquired by the commissioner under this subdivision
must meet the criteria in section 86A.05, subdivision 8, and as soon as
possible after the acquisition must be designated as a wildlife management area
under section 86A.07, subdivision 3, 97A.133, or 97A.145.
(e) In acquiring land under this subdivision, the commissioner
must give priority to land within the same geographic region of the state as
the land conveyed.
Sec. 98. Minnesota
Statutes 2004, section 97A.4742, subdivision 4, is amended to read:
Subd. 4. [ANNUAL
REPORT.] By December 15 each year, the commissioner shall submit a report to
the legislative committees having jurisdiction over environment and natural
resources appropriations and environment and natural resources policy. The report shall state the amount of revenue
received in and expenditures made from revenue transferred from the lifetime
fish and wildlife trust fund to the game and fish fund and shall describe
projects funded, locations of the projects, and results and benefits from the
projects. The report may be
included in the game and fish fund report required by section 97A.055,
subdivision 4. The commissioner shall
make the annual report available to the public.
Sec. 99. Minnesota
Statutes 2004, section 97A.485, subdivision 6, is amended to read:
Subd. 6. [LICENSES TO
BE SOLD AND ISSUING FEES.] (a) Persons authorized to sell licenses under this
section must issue the following licenses for the license fee and the following
issuing fees:
(1) to take deer or bear with firearms and by archery, the
issuing fee is $1;
(2) Minnesota sporting, the issuing fee is $1; and
(3) to take small game, to take fish by
angling or by spearing, and to trap fur-bearing animals, the issuing fee is $1;
(4) for a trout and salmon stamp that is not issued
simultaneously with an angling or sporting a license, an issuing
fee of 50 cents may be charged at the discretion of the authorized seller;
(5) for stamps other than a trout and salmon stamp, and for
a special season Canada goose license issued simultaneously with a
license, there is no fee; and
(6) for licenses, seals, tags, or coupons issued without
a fee under section 97A.441 or 97A.465, there is no an issuing
fee of 50 cents may be charged at the discretion of the authorized seller;
(7) for lifetime licenses, there is no fee; and
(8) for all other licenses, permits, renewals, or
applications or any other transaction through the electronic licensing system
under this chapter or any other chapter when an issuing fee is not specified,
an issuing fee of 50 cents may be charged at the discretion of the authorized
seller.
(b) An issuing fee may not be collected for issuance of a trout
and salmon stamp if a stamp validation is issued simultaneously with the
related angling or sporting license.
Only one issuing fee may be collected when selling more than one trout
and salmon stamp in the same transaction after the end of the season for which
the stamp was issued.
(c) The agent shall keep the issuing fee as a commission for
selling the licenses.
(d) The commissioner shall collect the issuing fee on licenses
sold by the commissioner.
(e) A license, except stamps, must state the amount of the
issuing fee and that the issuing fee is kept by the seller as a commission for
selling the licenses.
(f) For duplicate licenses, including licenses issued without
a fee, the issuing fees are:
(1) for licenses to take big game, 75 cents; and
(2) for other licenses, 50 cents.
(g) The commissioner may issue one-day angling licenses in
books of ten licenses each to fishing guides operating charter boats upon
receipt of payment of all license fees, excluding the issuing fee required
under this section. Copies of sold and
unsold licenses shall be returned to the commissioner. The commissioner shall refund the charter
boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be maintained
by the commissioner for one year.
Sec. 100. Minnesota
Statutes 2004, section 97A.485, subdivision 7, is amended to read:
Subd. 7. [ELECTRONIC
LICENSING SYSTEM COMMISSION.] The commissioner shall retain for the operation
of the electronic licensing system a commission of 4.7 percent of the
commission established under section 84.027, subdivision 15, and issuing fees
collected by the commissioner on all license fees collected, excluding:
(1) the small game surcharge; and
(2) all issuing fees; and
(3) $2.50 of the license fee for the licenses in section
97A.475, subdivisions 6, clauses (1), (2), and (4), 7, 8, 12, and 13.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 101. Minnesota
Statutes 2004, section 97A.551, is amended by adding a subdivision to read:
Subd. 6.
[TAGGING AND REGISTRATION.] The commissioner may, by rule, require
persons taking, possessing, and transporting certain species of fish to tag the
fish with a special fish management tag and may require registration of tagged
fish. A person may not possess or
transport a fish species taken in the state for which a special fish management
tag is required unless a tag is attached to the fish in a manner prescribed by
the commissioner. The commissioner
shall prescribe the manner of issuance and the type of tag as authorized under
section 97C.087. The tag must be attached
to the fish as prescribed by the commissioner immediately upon reducing the
fish in possession and must remain attached to the fish until the fish is
processed or consumed. Species for
which a special fish management tag is required must be transported undressed.
Sec. 102.
Minnesota Statutes 2004, section 97B.015, subdivision 1, is amended to
read:
Subdivision 1.
[ESTABLISHMENT.] The commissioner shall make rules establishing establish
a statewide course in the safe use of firearms and identification of wild
mammals and birds. At least one
course must be held within the boundary of each school district. The courses must be conducted by the
commissioner in cooperation with other organizations. The courses must instruct youths in commonly accepted principles
of safety in hunting and handling common hunting firearms and identification of
various species of wild mammals and birds by sight and other unique
characteristics.
Sec. 103. Minnesota
Statutes 2004, section 97B.015, subdivision 2, is amended to read:
Subd. 2.
[ADMINISTRATION, SUPERVISION, AND ENFORCEMENT.] (a) The commissioner
shall appoint a qualified person from the Enforcement Division under civil
service rules as supervisor of hunting safety and prescribe the duties and
responsibilities of the position. The
commissioner shall determine and provide the Enforcement Division with the
necessary personnel for this section.
(b) The commissioner may appoint one or more county
directors of hunting safety in each county.
An appointed county director is responsible to the Enforcement Division. The Enforcement Division may appoint
instructors necessary for this section.
County directors and Instructors shall serve on a voluntary basis
without compensation. The Enforcement
Division must supply the materials necessary for the course. School districts may cooperate with the
commissioner and volunteer instructors to provide space for the classroom
portion of the training.
Sec. 104. Minnesota
Statutes 2004, section 97B.015, subdivision 5, is amended to read:
Subd. 5. [FIREARMS
SAFETY CERTIFICATE.] The commissioner shall issue a firearms safety certificate
to a person that satisfactorily completes the required course of
instruction. A person must be at least
age 11 to take the firearms safety course and may receive a firearms safety
certificate, but the certificate is not valid for hunting until the
person is at least reaches age 12. A person who is age 11 and has a firearms safety certificate
may purchase a deer, bear, turkey, or prairie chicken license that will become
valid when the person reaches age 12.
A firearms safety certificate issued to a person under age 12 by another
state as provided in section 97B.020 is not valid for hunting in
Minnesota until the person reaches age 12.
The form and content of the firearms safety certificate shall be
prescribed by the commissioner.
Sec. 105. Minnesota
Statutes 2004, section 97B.015, subdivision 7, is amended to read:
Subd. 7. [FEE FOR
DUPLICATE CERTIFICATE.] The commissioner shall collect a fee, to include a
$1 issuing fee for licensing agents, for issuing a duplicate firearms
safety certificate. The commissioner
shall establish a fee that neither significantly overrecovers nor underrecovers
costs, including overhead costs, involved in providing the service. The fee is not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply. The commissioner may establish the fee
notwithstanding section 16A.1283. The
duplicate certificate fees, except for the issuing fee for licensing agents
under this subdivision, shall be deposited in the game and fish fund and,
except for the electronic licensing system commission established by the
commissioner under section 84.027, subdivision 15, and issuing fees collected
by the commissioner, are appropriated annually to the Enforcement Division of
the Department of Natural Resources for the administration of the firearm
safety course program.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 106. Minnesota
Statutes 2004, section 97B.020, is amended to read:
97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.]
(a) Except as provided in this section and section 97A.451,
subdivision 3a, a person born after December 31, 1979, may not obtain an annual
license to take wild animals by firearms unless the person has:
(1) a firearms safety certificate
or equivalent certificate,;
(2) a driver's license or identification card with a
valid firearms safety qualification indicator issued under section 171.07,
subdivision 13,;
(3) a previous hunting license, with a valid
firearms safety qualification indicator; or
(4) other evidence indicating that the person has
completed in this state or in another state a hunter safety course recognized
by the department under a reciprocity agreement or certified by the department
as substantially similar.
(b) A person who is on active duty and has successfully
completed basic training in the United States armed forces, reserve component,
or National Guard may obtain a hunting license or approval authorizing hunting
regardless of whether the person is issued a firearms safety certificate.
(b) (c) A person born after December 31, 1979,
may not use a lifetime license to take wild animals by firearms, unless the
person meets the requirements for obtaining an annual license under paragraph
(a) or (b).
Sec. 107. Minnesota
Statutes 2004, section 97B.025, is amended to read:
97B.025 [HUNTER AND TRAPPER EDUCATION.]
(a) The commissioner may establish education courses for
hunters and trappers. The commissioner
shall collect a fee from each person attending a course. A fee, to include a $1 issuing fee for
licensing agents, shall be collected for issuing a duplicate
certificate. The commissioner shall
establish the fees in a manner that neither significantly overrecovers nor
underrecovers costs, including overhead costs, involved in providing the
services. The fees are not subject to
the rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner may establish the fees
notwithstanding section 16A.1283. The
fees, except for the issuing fee for licensing agents under this
subdivision, shall be deposited in the game and fish fund and the amount
thereof, except for the electronic licensing system commission established
by the commissioner under section 84.027, subdivision 15, is appropriated
annually to the Enforcement Division of the Department of Natural Resources for
the administration of the program. In
addition to the fee established by the commissioner for each course, instructors
may charge each person up to the established fee amount for class materials and
expenses. School districts may
cooperate with the commissioner and volunteer instructors to provide space for
the classroom portion of the training.
(b) The commissioner shall enter into an agreement with a
statewide nonprofit trappers association to conduct a trapper education
program. At a minimum, the program must
include at least six hours of classroom and in the field training. The program must include a review of state
trapping laws and regulations, trapping ethics, the setting and tending of
traps and snares, tagging and registration requirements, and the preparation of
pelts. The association shall be
responsible for all costs of conducting the education program, and shall not
charge any fee for attending the course.
[EFFECTIVE DATE.] This
section is effective July 6, 2005.
Sec. 108. Minnesota
Statutes 2004, section 97C.085, is amended to read:
97C.085 [PERMIT REQUIRED FOR TAGGING FISH.]
A person may not tag or otherwise mark a live fish for
identification without a permit from the commissioner, except for special
fish management tags as authorized under section 97A.551.
Sec. 109.
[97C.087] [SPECIAL FISH MANAGEMENT TAGS.]
Subdivision 1.
[TAGS TO BE ISSUED.] If the commissioner determines it is necessary
to require that a species of fish be tagged with a special fish management tag,
the commissioner shall prescribe, by rule, the species to be tagged, tagging
procedures, and eligibility requirements.
Subd. 2.
[APPLICATION FOR TAG.] Application for special fish management tags
must be accompanied by a $5, nonrefundable application fee for each tag. A person may not make more than one tag
application each year. If a person
makes more than one application, the person is ineligible for a special fish
management tag for that season after determination by the commissioner, without
a hearing.
Sec. 110. Minnesota
Statutes 2004, section 97C.327, is amended to read:
97C.327 [MEASUREMENT OF FISH LENGTH.]
For the purpose of determining compliance with size limits for
fish in this chapter or in rules of the commissioner, the length of a fish must
be measured from the tip of the nose or jaw, whichever is longer, to the
farthest tip of the tail when fully extended.
Sec. 111. Minnesota
Statutes 2004, section 97C.395, subdivision 1, is amended to read:
Subdivision 1. [DATES
FOR CERTAIN SPECIES.] (a) The open seasons to take fish by angling are as
follows:
(1) for walleye, sauger, northern pike, muskellunge, largemouth
bass, and smallmouth bass, the Saturday two weeks prior to the Saturday of
Memorial Day weekend to the third last Sunday in February;
(2) for lake trout, from January 1 to October 31;
(3) for brown trout, brook trout, rainbow trout, and splake,
between January 1 to October 31 as prescribed by the commissioner by rule
except as provided in section 97C.415, subdivision 2; and
(4) for salmon, as prescribed by the commissioner by rule.
(b) The commissioner shall close the season in areas of the
state where fish are spawning and closing the season will protect the resource.
Sec. 112. Minnesota
Statutes 2004, section 103F.535, subdivision 1, is amended to read:
Subdivision 1.
[RESERVATION OF MARGINAL LAND AND WETLANDS.] (a) Marginal land and
wetlands are withdrawn from sale or exchange unless:
(1) notice of the existence of the nonforested marginal land or
wetlands, in a form prescribed by the Board of Water and Soil Resources, is
provided to prospective purchasers; and
(2) the deed contains a restrictive covenant, in a form
prescribed by the Board of Water and Soil Resources, that precludes enrollment
of the land in a state-funded program providing compensation for conservation
of marginal land or wetlands.
(b) This section does not apply to transfers
of land by the Board of Water and Soil Resources to correct errors in legal
descriptions under section 103F.515, subdivision 8, or to transfers by the
commissioner of natural resources for:
(1) land that is currently in nonagricultural commercial use if
a restrictive covenant would interfere with the commercial use;
(2) land in platted subdivisions;
(3) conveyances of land to correct errors in legal descriptions
under section 84.0273;
(4) exchanges of nonagricultural land with the federal
government, or exchanges of Class A, Class B, and Class C riparian
nonagricultural land with local units of government under sections 94.342,
94.343, and 94.344, and 94.349;
(5) land transferred to political subdivisions for public
purposes under sections 84.027, subdivision 10, and 94.10; and
(6) land not needed for trail purposes that is sold to adjacent
property owners and lease holders under section 85.015, subdivision 1,
paragraph (b).
(c) This section does not apply to transfers of land by the
commissioner of administration or transportation or by the Minnesota Housing
Finance Agency, or to transfers of tax-forfeited land under chapter 282 if:
(1) the land is in platted subdivisions; or
(2) the conveyance is a transfer to correct errors in legal
descriptions.
(d) This section does not apply to transfers of land by the
commissioner of administration or by the Minnesota Housing Finance Agency for:
(1) land that is currently in nonagricultural commercial use if
a restrictive covenant would interfere with the commercial use; or
(2) land transferred to political subdivisions for public
purposes under sections 84.027, subdivision 10, and 94.10.
Sec. 113. Minnesota
Statutes 2004, 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 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) $101 for amounts not exceeding 50,000,000 gallons per year;
(2) $3 per 1,000,000 gallons for amounts greater than
50,000,000 gallons but less than 100,000,000 gallons per year;
(3) $3.50 per 1,000,000 gallons for amounts greater than
100,000,000 gallons but less than 150,000,000 gallons per year;
(4) $4 per 1,000,000 gallons for amounts greater than 150,000,000
gallons but less than 200,000,000 gallons per year;
(5) $4.50 per 1,000,000 gallons for amounts greater than
200,000,000 gallons but less than 250,000,000 gallons per year;
(6) $5 per 1,000,000 gallons for amounts greater than
250,000,000 gallons but less than 300,000,000 gallons per year;
(7) $5.50 per 1,000,000 gallons for amounts greater than
300,000,000 gallons but less than 350,000,000 gallons per year;
(8) $6 per 1,000,000 gallons for amounts greater than
350,000,000 gallons but less than 400,000,000 gallons per year;
(9) $6.50 per 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, $150 per
1,000,000 gallons; and
(2) for all other users, $200 $300 per 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 $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
$250,000 per year;
(2) the fee for other entities for any permitted use may not
exceed:
(i) $50,000 per year for an entity holding three or fewer
permits;
(ii) $75,000 per year for an entity holding four or five
permits;
(iii) $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 $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. A
surcharge of $20 per million gallons in addition to the fee prescribed in
paragraph (a) shall be applied to the volume of water used in June, July, and
August that exceeds the volume of water used in January for municipal water
use, irrigation of golf courses, and landscape irrigation.
Sec. 114. Minnesota
Statutes 2004, section 103G.301, subdivision 2, is amended to read:
Subd. 2. [PERMIT
APPLICATION FEES.] (a) An application for a permit authorized under this
chapter, and each request to amend or transfer an existing permit, must be
accompanied by a permit application fee to defray the costs of receiving,
recording, and processing the application or request to amend or transfer.
(b) The fee to apply for a permit to appropriate water, a
permit to construct or repair a dam that is subject to dam safety inspection,
or a state general permit or to apply for the state water bank program is $75
$150. The application fee for a
permit to work in public waters or to divert waters for mining must be at least
$75 $150, but not more than $500 $1,000, according
to a schedule of fees adopted under section 16A.1285.
Sec. 115. Minnesota
Statutes 2004, section 103G.615, subdivision 2, is amended to read:
Subd. 2. [FEES.] (a)
The commissioner shall establish a fee schedule for permits to control or
harvest aquatic plants other than wild rice.
The fees must be set by rule, and section 16A.1283 does not apply. The fees may not exceed $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 the control of rooted aquatic
vegetation is $35 for each contiguous parcel of shoreline owned by an
owner. This fee may not be charged for
permits issued in connection with purple loosestrife control or 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
water recreation account.
Sec. 116. Minnesota
Statutes 2004, section 103I.681, subdivision 11, is amended to read:
Subd. 11. [PERMIT FEE
SCHEDULE.] (a) The commissioner of natural resources shall adopt a permit fee
schedule under chapter 14. The schedule
may provide minimum fees for various classes of permits, and additional fees,
which may be imposed subsequent to the application, based on the cost of
receiving, processing, analyzing, and issuing the permit, and the actual
inspecting and monitoring of the activities authorized by the permit, including
costs of consulting services.
(b) A fee may not be imposed on a state or federal governmental
agency applying for a permit.
(c) The fee schedule may provide for the refund of a fee, in
whole or in part, under circumstances prescribed by the commissioner of natural
resources. Permit Fees received
must be deposited in the state treasury and credited to the general fund. The amount of money necessary to pay the
refunds is Permit fees received are appropriated annually from the
general fund to the commissioner of natural resources for the costs of
inspecting and monitoring the activities authorized by the permit, including
costs of consulting services.
Sec. 117. Minnesota
Statutes 2004, section 115.06, subdivision 4, is amended to read:
Subd. 4. [CITIZEN
MONITORING OF WATER QUALITY.] (a) The agency may encourage citizen monitoring
of ambient water quality for public waters by:
(1) providing technical assistance to citizen and local group
water quality monitoring efforts;
(2) integrating citizen monitoring data into water quality
assessments and agency programs, provided that the data adheres to agency
quality assurance and quality control protocols; and
(3) seeking public and private funds to:
(i) collaboratively develop clear guidelines for water quality
monitoring procedures and data management practices for specific data and
information uses;
(ii) distribute the guidelines to citizens, local governments,
and other interested parties;
(iii) improve and expand water quality monitoring activities
carried out by the agency; and
(iv) continue to improve electronic and Web access to water
quality data and information about public waters that have been either fully or
partially assessed.
(b) This subdivision does not authorize a citizen to enter onto
private property for any purpose.
(c) By January 15 of each odd-numbered year, the commissioner
shall report to the senate and house of representatives committees with
jurisdiction over environmental policy and finance on activities under this
section.
(d) This subdivision shall sunset June 30, 2005.
Sec. 118. Minnesota
Statutes 2004, section 115.551, is amended to read:
115.551 [TANK FEE.]
(a) An installer shall pay a fee of $25 for each septic
system tank installed in the previous calendar year. The fees required under this section must be paid to the
commissioner by January 30 of each year.
The revenue derived from the fee imposed under this section shall be
deposited in the environmental fund and is exempt from section 16A.1285.
(b) Notwithstanding paragraph (a), for the purposes of
performance-based individual sewage treatment systems, the tank fee is limited
to $25 per household system installation.
Sec. 119. Minnesota
Statutes 2004, section 115A.03, subdivision 21, is amended to read:
Subd. 21. [MIXED
MUNICIPAL SOLID WASTE.] (a) "Mixed municipal solid waste" means
garbage, refuse, and other solid waste from residential, commercial,
industrial, and community activities that the generator of the waste aggregates
for collection, except as provided in paragraph (b).
(b) Mixed municipal solid waste does not include auto hulks,
street sweepings, ash, construction debris, mining waste, sludges, tree and
agricultural wastes, tires, lead acid batteries, motor and vehicle fluids and
filters, and other materials collected, processed, and disposed of as separate
waste streams, but does include source-separated compostable organic
materials.
Sec. 120. Minnesota
Statutes 2004, section 115A.03, subdivision 32a, is amended to read:
Subd. 32a.
[SOURCE-SEPARATED COMPOSTABLE MATERIALS.] "Source-separated compostable
organic materials" means mixed municipal solid waste that:
(1) is separated at the source by waste generators for the
purpose of preparing it for use as food for animals, or compost;
(2) is collected separately from other mixed municipal solid
wastes;
(3) is comprised of food wastes, fish and animal waste, plant
materials, yard waste, diapers, sanitary products, and paper that is not
recyclable because the director has determined that no other person is willing
to accept the paper for recycling; and
(4) is delivered to a facility to undergo undergoes
one of the following processes:
(i) controlled microbial degradation to yield a
humus-like product meeting the agency's class I or class II, or equivalent,
compost standards and where process residues do not exceed 15 percent by weight
of the total material delivered to the facility; or
(ii) controlled packaging separation followed by (A)
treatment, including heating and drying the material to less than ten percent
moisture, to insure that it meets the requirements of chapter 25 to be sold as
commercial feed; or (B) treatment in accordance with Minnesota Rules, part
1720.0930, to allow its use as food for livestock and poultry.
Sec. 121. Minnesota
Statutes 2004, section 115A.072, subdivision 1, is amended to read:
Subdivision 1.
[ENVIRONMENTAL EDUCATION ADVISORY BOARD.] (a) The director shall provide
for the development and implementation of environmental education programs that
are designed to meet the goals listed in section 115A.073.
(b) The Environmental Education Advisory Board shall advise the
director in carrying out the director's responsibilities under this
section. The board consists of 20
members as follows:
(1) a representative of the Pollution Control Agency, appointed
by the commissioner of the agency;
(2) a representative of the Department of Education, appointed
by the commissioner of education;
(3) a representative of the Department of Agriculture,
appointed by the commissioner of agriculture;
(4) a representative of the Department of Health, appointed by
the commissioner of health;
(5) a representative of the Department of Natural Resources,
appointed by the commissioner of natural resources;
(6) a representative of the Board of Water and Soil Resources,
appointed by that board;
(7) a representative of the Environmental Quality Board,
appointed by that board;
(8) a representative of the Board of Teaching, appointed by
that board;
(9) a representative of the University of Minnesota Extension
Service, appointed by the director of the service;
(10) a citizen member from each congressional district, of
which two must be licensed teachers currently teaching in the K-12 system,
appointed by the director; and
(11) three at-large citizen members, appointed by the director.
The citizen members shall
serve two-year terms. Compensation of
board members is governed by section 15.059, subdivision 6. The board expires on June 30, 2003 2008.
Sec. 122. Minnesota
Statutes 2004, section 115A.12, is amended to read:
115A.12 [ADVISORY COUNCILS.]
(a) The director shall establish a Solid Waste Management
Advisory Council and a Prevention, Reduction, and Recycling an
Environmental Innovations Advisory Council that are is
broadly representative of the geographic areas and interests of the state.
(b) The solid waste council shall have not less than nine
nor more than 21 members. The
membership of the solid waste council shall consist of one-third citizen
representatives, one-third representatives from local government units, and
one-third representatives from private solid waste management firms. The solid waste council shall contain at
least three members experienced in the private recycling industry and at least
one member experienced in each of the following areas: state and municipal
finance; solid waste collection, processing, and disposal; and solid waste
reduction and resource recovery.
(c) (b) The Prevention, Reduction, and
Recycling Environmental Innovations Advisory Council shall have not
less than nine nor or more than 24 members. The membership shall consist of one-third
citizen representatives, one-third representatives of government,
institutional, and one-third representatives of business and
industry representatives. The
director may appoint nonvoting members from other environmental and business
assistance providers in the state.
(d) (c) The chairs chair of the
advisory councils council shall be appointed by the
director. The director shall provide
administrative and staff services for the advisory councils council. The advisory councils council
shall have such duties as are assigned by law or the director. The Solid Waste Advisory Council shall
make recommendations to the office on its solid waste management
activities. The Prevention, Reduction,
and Recycling Environmental Innovations Advisory Council shall make
recommendations to the office on policy, programs, and legislation in pollution
prevention, waste reduction, reuse and, recycling, and
resource conservation, and the management of hazardous waste. The Environmental Innovations Advisory
Council shall focus on developing and implementing innovative programs that
improve Minnesota's environment by emphasizing front-end preventative, and
resource conservation approaches to preventing waste and pollution. The council shall emphasize partnerships of
government, citizens, institutions, and business to develop and implement these
programs. Members of the advisory councils
council shall serve without compensation but shall be reimbursed for
their reasonable expenses as determined by the director. Notwithstanding section 15.059, subdivision
5, the Solid Waste Management Advisory Council and the Prevention,
Reduction, and Recycling Environmental Innovations Advisory Council expire
expires June 30, 2003 2009.
Sec. 123.
Minnesota Statutes 2004, section 115A.545, subdivision 1, is amended to
read:
Subdivision 1.
[DEFINITION.] (a) For the purpose of this section, the following terms
have the meanings given them.
(b) "Processed" means mixed municipal solid waste
that has been:
(1) burned for energy recovery; or
(2) recovered for animals; or
(3) processed into usable compost or refuse derived
fuel.
(c) "Processing facility" means a facility designed
to burn mixed municipal solid waste for energy recovery or designed to process
mixed municipal solid waste into usable compost or refuse-derived fuel.
(d) "County" includes a consortium of counties
operating under a solid waste management joint powers agreement.
Sec. 124. Minnesota
Statutes 2004, 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. 125. Minnesota
Statutes 2004, section 116P.02, is amended by adding a subdivision to read:
Subd. 4a.
[COUNCIL.] "Council" means the Minnesota Conservation
Heritage Council.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 126. Minnesota
Statutes 2004, section 116P.03, is amended to read:
116P.03 [TRUST FUND NOT TO SUPPLANT
EXISTING FUNDING.]
(a) The trust fund may not be used as a substitute for
traditional sources of funding environmental and natural resources activities,
but the trust fund shall supplement the traditional sources, including those
sources used to support the criteria in section 116P.08, subdivision 1 1a. The trust fund must be used primarily to
support activities whose benefits become available only over an extended period
of time.
(b) The commission must determine the amount of the state
budget spent from traditional sources to fund environmental and natural
resources activities before and after the trust fund is established and include
a comparison of the amount in the report under section 116P.09, subdivision 7.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 127. Minnesota
Statutes 2004, section 116P.04, subdivision 5, is amended to read:
Subd. 5. [AUDITS
REQUIRED.] The legislative auditor shall audit trust fund expenditures to
ensure that the money is spent for the purposes provided in the commission's
budget plan the Minnesota Constitution, article XI, section 14, and the
council's strategic plan developed under section 116P.08. In addition, the legislative auditor
shall audit the books and records of the council on an annual basis under
sections 3.971 and 3.972, subject to the resources of the legislative auditor,
to ensure that the expenditures and operations of the council are consistent
with the requirements of this chapter.
The legislative auditor may recoup the expenses for audits under this
subdivision from amounts available to the council under section 116P.061,
subdivision 6.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 128. Minnesota
Statutes 2004, 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 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 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, and comply with applicable reporting requirements under section
116P.16. 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 oil overcharge money under section
4.071, subdivision 2.
(e) The commission may adopt operating procedures to fulfill
its duties under chapter 116P.
[EFFECTIVE DATE.] This
section is effective for interests in land acquired after June 30, 2005.
Sec. 129.
[116P.061] [MINNESOTA CONSERVATION HERITAGE COUNCIL.]
Subdivision 1.
[MEMBERSHIP.] (a) The Minnesota Conservation Heritage Council is
created pursuant to section 15.012, paragraph (a), and is governed by a council
of 11 members. The terms of members are
six years and until their successors have been appointed. Each member shall be appointed by the
governor with the advice and consent of the senate. Not more than six members shall belong to the same political
party. The governor shall select at
least one member from each congressional district.
(b) To be eligible for appointment to the council, a
prospective member must demonstrate expertise and experience in the science,
policy, or practice of the protection, conservation, preservation, and
enhancement of the state's air, water, land, fish, wildlife, and other natural
resources. Prior service on multimember
boards with grant-making responsibilities or prior experience in the management
of a business enterprise is also recommended.
(c) Except as provided in this section, the terms,
compensation, and removal of members and filling of vacancies on the council
shall be as provided in section 15.0575.
A member may be removed from the council upon a supermajority of eight
votes in favor of the removal of that member.
Subd. 2. [CHAIR;
VICE CHAIR.] The governor shall select a member to serve as chair for a term
concurrent with that of the governor.
If a vacancy occurs in the position of chair, the governor shall select
a new chair to complete the unexpired term.
The chair shall be the principal executive officer of the council and
shall preside at meetings of the council.
The chair shall organize the work of the council and may make
assignments to members, appoint committees, and give direction to the staff. The members of the council shall select a
vice chair.
Subd. 3.
[QUORUM.] Except when otherwise specified, a majority of the council
shall constitute a quorum and the act or decision of a majority of members
present, if at least a quorum is present, shall be the act or decision of the
council. If a vacancy exists on the
council, a majority of the remaining members constitutes a quorum. A supermajority of eight members in favor is
required for: (1) hiring or removing an
executive director for the council, if any; or (2) using funds for debt service
on bonds.
Subd. 4.
[GIFTS.] The council may accept and use grants of money or property
from the United States or other grantors for any purpose pertaining to the
activities of the council. Any money or
property so received is appropriated and dedicated for the purposes for which
it is granted and shall be expended or used solely for such purposes according
to federal laws and regulations pertaining thereto, subject to applicable state
laws and rules as to manner of expenditure or use. The council 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 comply with this section. Lands and interests in lands received may be sold or exchanged
according to chapter 94.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 130. Minnesota
Statutes 2004, section 116P.07, is amended to read:
116P.07 [INFORMATION GATHERING.]
Subdivision 1.
[PUBLIC FORUMS.] The commission council may convene public
forums or employ other methods to gather information for establishing
priorities for funding.
Subd. 2.
[TECHNICAL ADVISORY COMMITTEE.] The council shall make use of
available expertise from educational, research, and technical organizations,
and state and federal environmental agencies, including the University of
Minnesota and other higher education institutions, to provide appropriate
independent expert advice on identifying natural resource priorities during
development of the strategic plan provided for in section 116P.08. The technical
advisory committee shall also review funding proposals and advise the council
on funding recommendations. The council
shall appoint the technical advisory committee and designate a chair. Compensation of advisory committee members
is governed by section 15.059, subdivision 3.
Subd. 3. [STATE
AGENCY LONG-TERM PRIORITIES.] State agencies with environmental programs and
responsibilities shall submit long-term priorities based on agency plans to the
council. The council may integrate
agency long-term priorities into the development of its strategic plan as
provided for in section 116P.08.
Subd. 4. [PUBLIC
PRIORITIES.] The council shall ask conservation and environmental
organizations to submit their long-term priorities and plans to the council,
which may be integrated into the council's strategic plan as provided for in
section 116P.08.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 131. Minnesota
Statutes 2004, section 116P.08, is amended by adding a subdivision to read:
Subd. 1a.
[APPROPRIATION AND EXPENDITURES.] (a) For the fiscal biennium
beginning July 1, 2007, and each biennium thereafter, the amount of the
environment and natural resources trust fund that is available for
appropriation under the terms of the Minnesota Constitution, article XI,
section 14, shall be appropriated by a law passed by the legislature and signed
by the governor to the council for expenditures to be made according to the
provisions of this section.
(b) The amount appropriated from the environment and natural
resources trust fund may be spent only for the public purpose of protection,
conservation, preservation, and enhancement of the state's air, water, land,
fish, wildlife, and other natural resources.
Expenditures made by the council under this section must be consistent
with the Minnesota Constitution, article XI, section 14, and the strategic plan
adopted under subdivision 3 and must demonstrate a direct benefit to the
state's natural resources.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 132. Minnesota
Statutes 2004, section 116P.08, is amended by adding a subdivision to read:
Subd. 1b. [WORK
PROGRAM; PROGRESS REPORTS.] It is a condition of acceptance of the
appropriations made from the Minnesota environment and natural resources trust
fund that the agency or entity receiving the appropriation must submit a work
program and semiannual progress reports in the form determined by the
council. None of the money provided may
be spent unless the council has approved the pertinent work program.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 133. Minnesota
Statutes 2004, section 116P.08, subdivision 3, is amended to read:
Subd. 3. [STRATEGIC
PLAN REQUIRED.] (a) The commission council shall adopt a
strategic plan for making expenditures from the trust fund, including
identifying the priority areas for funding for the next six ten
years. The strategic plan must be
updated every two years. The plan is
advisory only The council shall make funding allocation decisions on at
least an annual basis.
(b) The commission council shall submit
the plan, as a recommendation, to the house of representatives Ways
and Means and senate Finance Committees chairs of the house of representatives
and senate committees with jurisdiction over environment and natural resources
policy and finance by January 1 15 of each odd-numbered year according
to section 116P.09, subdivision 7.
(b) The commission may accept or modify the draft of the strategic
plan submitted to it by the advisory committee before voting on the plan's
adoption.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 134. Minnesota
Statutes 2004, section 116P.08, subdivision 5, is amended to read:
Subd. 5. [PUBLIC
MEETINGS.] All advisory committee and commission council meetings
must be open to the public. The
commission shall attempt to meet at least once in each of the state's
congressional districts during each biennium.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 135. Minnesota
Statutes 2004, section 116P.08, subdivision 6, is amended to read:
Subd. 6. [PEER REVIEW.]
(a) Research proposals must include a stated purpose, timeline, potential
outcomes, and an explanation of the need for the research. All research proposals must be reviewed
by a peer review panel peer-reviewed before receiving an
appropriation. Peer reviews shall be
considered by the council in evaluating a research project proposal. The council shall establish a peer review
panel under subdivision 7 to assist its work.
(b) In conducting research proposal reviews, the peer review
panel A peer review report on a proposed research project, prepared for
a research proposal review, shall:
(1) comment on the methodology proposed and whether it can be
expected to yield appropriate and useful information and data; and
(2) comment on the need for the research and about similar
existing information available, if any; and
(3) report to the commission and advisory committee on
clauses (1) and (2).
(c) The peer review panel also must review completed
research proposals that have received an appropriation and comment and report
upon whether the project reached the intended goals.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 136. Minnesota
Statutes 2004, section 116P.08, subdivision 7, is amended to read:
Subd. 7. [PEER REVIEW
PANEL MEMBERSHIP.] (a) The peer review panel must consist of at least five
members who are knowledgeable in general research methods in the areas of
environment and natural resources. Not
more than two members of the panel may be employees of state agencies in
Minnesota.
(b) The commission council shall select a chair
every two years who shall be responsible for convening meetings of the panel as
often as is necessary to fulfill its duties as prescribed in this section. Compensation of panel members is governed by
section 15.059, subdivision 3.
(c) The peer review panel must review completed research
proposals that have received an appropriation and comment and report upon
whether the project reached the intended goals.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 137. Minnesota
Statutes 2004, section 116P.09, is amended to read:
116P.09 [ADMINISTRATION.]
Subdivision 1.
[ADMINISTRATIVE AUTHORITY.] The commission council may
appoint legal and other personnel and consultants necessary to carry out
functions and duties of the commission council. Permanent employees shall be in the
unclassified service. In addition, the commission
council may request staff assistance and data from any other agency of
state government as needed for the execution of the responsibilities of the commission
and advisory committee council and an agency must promptly furnish
it.
Subd. 2. [LIAISON
OFFICERS.] The commission council shall request each department
or agency head of all state agencies with a direct interest and responsibility
in any phase of environment and natural resources to appoint, and the latter
shall appoint for the agency, a liaison officer who shall work closely with the
commission council and its staff.
Subd. 3. [APPRAISAL AND
EVALUATION.] The commission council shall obtain and appraise
information available through private organizations and groups, utilizing to
the fullest extent possible studies, data, and reports previously prepared or
currently in progress by public agencies, private organizations, groups, and
others, concerning future trends in the protection, conservation, preservation,
and enhancement of the state's air, water, land, forests, fish, wildlife,
native vegetation, and other natural resources. Any data compiled by the commission council shall
be made available to any standing or interim committee of the legislature upon
the request of the chair of the respective committee.
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 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
116P.08, subdivision 2, paragraph (c) 1b.
Subd. 5.
[ADMINISTRATIVE EXPENSE.] The prorated expenses related to commission
council administration of the trust fund may not exceed an amount equal
to four percent of the amount available for appropriation of the trust fund for
the biennium.
Subd. 6. [CONFLICT OF
INTEREST.] (a) A commission council member, advisory
committee member, a peer review panelist, or an employee of the commission
council may not participate in or vote on a decision of the commission,
advisory committee, council or a peer review panel relating
to an organization in which the member, panelist, or employee has either a
direct or indirect personal financial interest. While serving on the legislative commission, advisory
committee, council or peer review panel, or being while
an employee of the commission council, a person shall avoid any
potential conflict of interest. A
conflict of interest exists if the person:
(1) would receive a direct or indirect personal financial
benefit from an entity proposing a project for funding by the council or from a
proposal under review for funding by the council;
(2) serves as an employee, consultant, or governing board
member of an entity proposing a project for funding by the council; or
(3) has a family relationship with a project proposer or a
staff or board member of an entity proposing a project for funding by the
council.
(b) The council must develop procedures to identify a
conflict of interest during the initial proposal review process. If a conflict is found to exist, the person
must notify the council in writing and may not advocate for or against the
proposal or vote on the proposal.
Subd. 7. [REPORT
REQUIRED.] The commission council shall, by January 15 of each
odd-numbered year, submit a report to the governor, the chairs of the house of
representatives appropriations and senate finance committees, and the
chairs of the house of representatives and senate committees on with
jurisdiction over environment and natural resources policy and finance. Copies of the report must be available to
the public. The report must include a
summary of the council's conservation achievements during the reporting period
and:
(1) a copy of the current strategic plan;
(2) a description of each project receiving money from the
trust fund during the preceding biennium and how the project relates to the
constitutional dedication of the trust fund and to the council's current
strategic plan;
(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 council,
descriptions of the projects anticipated to be supported by the trust fund
during the next biennium;
(6) the source and amount of all revenues collected and
distributed by the commission council, including all
administrative and other expenses;
(7) a description of the assets and liabilities of the trust
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.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 138. Minnesota
Statutes 2004, section 116P.10, is amended to read:
116P.10 [ROYALTIES, COPYRIGHTS, PATENTS.]
This section applies to projects supported by the trust 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 trust fund owns and shall take
title to the percentage of a royalty, copyright, or patent resulting from a
project supported by the trust fund equal to the percentage of the
project's total funding provided by the trust fund. Cash receipts resulting from a royalty,
copyright, or patent, or the sale of the trust fund's rights to a
royalty, copyright, or patent, must be credited immediately to the principal of
the trust fund. Receipts from
Minnesota future resources fund projects must be credited to the trust fund. Before the council decides to fund a
project is included in the budget plan, the commission council
may vote to relinquish the ownership or rights to a royalty, copyright, or
patent resulting from a project supported by the trust fund to the
project's proposer when the amount of the original grant or loan, plus
interest, has been repaid to the trust fund.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 139. Minnesota
Statutes 2004, section 116P.11, is amended to read:
116P.11 [AVAILABILITY OF FUNDS FOR DISBURSEMENT.]
(a) The amount biennially available from the trust fund for the
budget plan developed by the commission council is as defined in
the Minnesota Constitution, article XI, section 14.
(b) Any appropriated funds not encumbered in the biennium in
which they are appropriated cancel and must be credited to the principal of the
trust fund.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 140. Minnesota
Statutes 2004, section 116P.12, subdivision 2, is amended to read:
Subd. 2. [APPLICATION
AND ADMINISTRATION.] (a) The commission council must adopt a
procedure for the issuance of the water system improvement loans by the Public
Facilities Authority.
(b) The commission council also must ensure that
the loans are administered according to its fiduciary standards and
requirements.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 141. Minnesota
Statutes 2004, section 116P.15, subdivision 2, is amended to read:
Subd. 2. [RESTRICTIONS;
MODIFICATION PROCEDURE.] (a) An interest in real property acquired with an
appropriation from the trust fund or the Minnesota future resources fund must
be used in perpetuity or for the specific term of an easement interest for the
purpose for which the appropriation was made.
(b) A recipient of funding who acquires an interest in real
property subject to this section may not alter the intended use of the interest
in real property or convey any interest in the real property acquired with the
appropriation without the prior review and approval of the commission council. The commission council shall
establish procedures to review requests from recipients to alter the use of or
convey an interest in real property.
These procedures shall allow for the replacement of the interest in real
property with another interest in real property meeting the following criteria:
(1) the interest is at least equal in fair market value, as
certified by the commissioner of natural resources, to the interest being
replaced; and
(2) the interest is in a reasonably equivalent location, and
has a reasonably equivalent usefulness compared to the interest being replaced.
(c) A recipient of funding who acquires an interest in real
property under paragraph (a) must separately record a notice of funding
restrictions in the appropriate local government office where the conveyance of
the interest in real property is filed.
The notice of funding agreement must contain:
(1) a legal description of the interest in real property
covered by the funding agreement;
(2) a reference to the underlying funding agreement;
(3) a reference to this section; and
(4) the following statement:
"This interest in real property shall be administered in
accordance with the terms, conditions, and purposes of the grant agreement or
work program controlling the acquisition of the property. The interest in real property, or any portion
of the interest in real property, shall not be sold, transferred, pledged, or
otherwise disposed of or further encumbered without obtaining the prior written
approval of the Legislative Commission on Minnesota Resources council
or its successor. If the holder of the
interest in real property fails to comply with the terms and conditions of the
grant agreement or work program, ownership of the interest in real property
shall transfer to this state."
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 142. [116P.16]
[REAL PROPERTY INTEREST REPORT.]
By December 1 each year, a recipient of an appropriation
from the trust fund, that is used for the acquisition of an interest in real
property, must submit annual reports on the status of the real property to the
Legislative Commission on Minnesota Resources in a form determined by the
commission. The responsibility for
reporting under this section may be transferred by the recipient of the
appropriation to another person who holds the interest in the real property. To complete the transfer of reporting
responsibility, the recipient of the appropriation must:
(1) inform the person to whom the responsibility is
transferred of that person's reporting responsibility;
(2) inform the person to whom the responsibility is
transferred of the property restrictions under section 116P.15; and
(3) provide written notice to the commission of the transfer
of reporting responsibility, including contact information for the person to
whom the responsibility is transferred.
After the transfer, the
person who holds the interest in the real property is responsible for reporting
requirements under this section.
[EFFECTIVE DATE.] This
section is effective for interests in land acquired after June 30, 2005.
Sec. 143. Minnesota
Statutes 2004, section 168.1296, subdivision 1, is amended to read:
Subdivision 1. [GENERAL
REQUIREMENTS AND PROCEDURES.] (a) The registrar shall issue special critical
habitat license plates to an applicant who:
(1) is an owner or joint owner of a passenger automobile,
pickup truck, or van or of recreational equipment;
(2) pays a fee of $10 to cover the costs of handling and
manufacturing the plates;
(3) pays the registration tax required under section 168.013;
(4) pays the fees required under this chapter;
(5) contributes a minimum of $30 annually
to the Minnesota critical habitat private sector matching account established
in section 84.943; and
(6) complies with laws and rules governing registration and
licensing of vehicles and drivers.
(b) The critical habitat license application form must clearly
indicate that the annual contribution specified under paragraph (a), clause
(5), is a minimum contribution to receive the license plate and that the
applicant may make an additional contribution to the account.
(c) Owners of recreational equipment under paragraph (a),
clause (1), are eligible only for special critical habitat license plates for
which the designs are approved by the commissioner on or after January 1, 2006.
(d) Special critical habitat license plates, the designs for
which are approved by the commissioner on or after January 1, 2006, may be
personalized according to section 168.12, subdivision 2a.
Sec. 144. Minnesota
Statutes 2004, section 169A.63, subdivision 6, is amended to read:
Subd. 6. [VEHICLE
SUBJECT TO FORFEITURE.] (a) A motor vehicle is subject to forfeiture
under this section if it was used in the commission of a designated offense or
was used in conduct resulting in a designated license revocation.
(b) Motorboats subject to seizure and forfeiture under this
section also include their trailers.
Sec. 145. Minnesota
Statutes 2004, section 216B.2424, subdivision 1, is amended to read:
Subdivision 1.
[FARM-GROWN CLOSED-LOOP BIOMASS.] (a) For the purposes of this section,
"farm-grown closed-loop biomass" means biomass, as defined in section
216C.051, subdivision 7, that:
(1) is intentionally cultivated, harvested, and prepared for
use, in whole or in part, as a fuel for the generation of electricity;
(2) when combusted, releases an amount of carbon dioxide that
is less than or approximately equal to the carbon dioxide absorbed by the
biomass fuel during its growing cycle; and
(3) is fired in a new or substantially retrofitted electric
generating facility that is:
(i) located within 400 miles of the site of the biomass
production; and
(ii) designed to use biomass to meet at least 75 percent of its
fuel requirements.
(b) The legislature finds that the negative environmental
impacts within 400 miles of the facility resulting from transporting and
combusting the biomass are offset in that region by the environmental benefits
to air, soil, and water of the biomass production.
(c) Among the biomass fuel sources that meet the requirements
of paragraph (a), clause clauses (1) and (2) are poplar, aspen,
willow, switch grass, sorghum, alfalfa, and cultivated prairie grass and
sustainably managed woody biomass.
(d) For the purpose of this section, "sustainably
managed woody biomass" means:
(1) brush, trees, and other biomass harvested from within
designated utility, railroad, and road rights-of-way;
(2) upland and lowland brush harvested
from lands incorporated into brushland habitat management activities of the
Minnesota Department of Natural Resources;
(3) upland and lowland brush harvested from lands managed in
accordance with Minnesota Department of Natural Resources "Best Management
Practices for Managing Brushlands";
(4) logging slash or waste wood that is created by harvest,
precommercial timber stand improvement to meet silvicultural objectives, or by
fire, disease, or insect control treatments, and that is managed in compliance
with the Minnesota Forest Resources Council's "Sustaining Minnesota Forest
Resources: Voluntary Site-Level Forest Management Guidelines for Landowners,
Loggers and Resource Managers" as modified by the requirement of this
subdivision; and
(5) trees or parts of trees that do not meet the utilization
standards for pulpwood, posts, bolts, or sawtimber as described in the
Minnesota Department of Natural Resources Division of Forestry Timber Sales
Manual, 1998, as amended as of May 1, 2005, and the Minnesota Department of
Natural Resources Timber Scaling Manual, 1981, as amended as of May 1, 2005,
except as provided in paragraph (a), clause (1), and this paragraph, clauses
(1) to (3).
Sec. 146. Minnesota
Statutes 2004, section 216B.2424, is amended by adding a subdivision to read:
Subd. 1a.
[MUNICIPAL WASTE-TO-ENERGY PROJECT.] (a) This subdivision applies
only to a biomass project owned or controlled, directly or indirectly, by two
municipal utilities as described in subdivision 5a, paragraph (b).
(b) Woody biomass from state-owned land must be harvested in
compliance with an adopted management plan and a program of ecologically based
third-party certification.
(c) The project must prepare a fuel plan on an annual basis
after commercial operation of the project as described in the power contract
between the project and the public utility, and must also prepare annually
certificates reflecting the types of fuel used in the preceding year by the
project, as described in the power contract.
The fuel plans and certificates shall also be filed with the Minnesota
Department of Natural Resources and the Minnesota Department of Commerce within
30 days after being provided to the public utility, as provided by the power
contract. Any person who believes the
fuel plans, as amended, and certificates show that the project does not or will
not comply with the fuel requirements of this subdivision may file a petition
with the commission seeking such a determination.
(d) The wood procurement process must utilize third-party
audit certification systems to verify that applicable best management practices
were utilized in the procurement of the sustainably managed biomass. If there is a failure to so verify in any
two consecutive years during the original contract term, the farm-grown
closed-loop biomass requirements of subdivision 2 must be increased to 50
percent for the remaining contract term period; however, if in two consecutive
subsequent years after the increase has been implemented, it is verified that
the conditions in this subdivision have been met, then for the remaining
original contract term the closed-loop biomass mandate reverts to 25
percent. If there is a subsequent
failure to verify in a year after the first failure and implementation of the
50 percent requirement, then the closed-loop percentage shall remain at 50
percent for each remaining year of the contract term.
(e) In the closed-loop plantation, no transgenic plants may
be used.
(f) No wood may be harvested from any lands identified by
the final or preliminary Minnesota County Biological Survey as having statewide
significance as native plant communities, large populations or concentrations
of rare species, or critical animal habitat.
(g) A wood procurement plan must be
prepared every five years and public meetings must be held and written comments
taken on the plan and documentation must be provided on why or why not the
public inputs were used.
(h) Guidelines or best management practices for sustainably
managed woody biomass must be adopted by:
(1) the Minnesota Department of Natural Resources for managing
and maintaining brushland and open land habitat on public and private lands,
including, but not limited to, provisions of sections 84.941, 84.942, and
97A.125; and
(2) the Minnesota Forest Resources Council for logging
slash, using the most recent available scientific information regarding the
removal of woody biomass from forest lands, to sustain the management of forest
resources as defined by section 89.001, subdivisions 8 and 9, with particular
attention to soil productivity, biological diversity as defined by section
89A.01, subdivision 3, and wildlife habitat.
These guidelines must be completed by July 1, 2007, and the
process of developing them must incorporate public notification and comment.
(i) The University of Minnesota Initiative for Renewable
Energy and the Environment is encouraged to solicit and fund high-quality
research projects to develop and consolidate scientific information regarding
the removal of woody biomass from forest and brush lands, with particular
attention to the environmental impacts on soil productivity, biological
diversity, and sequestration of carbon.
The results of this research shall be made available to the public.
(j) The two utilities owning or controlling, directly or
indirectly, the biomass project described in subdivision 5a, paragraph (b),
fund or obtain funding of $150,000 by April 1, 2006, to complete the guidelines
or best management practices described in paragraph (h). The expenditures to be funded under this
paragraph do not include any of the expenditures to be funded under paragraph
(i).
Sec. 147. Minnesota
Statutes 2004, section 216B.2424, subdivision 2, is amended to read:
Subd. 2. [INTERIM
EXEMPTION.] (a) A biomass project proposing to use, as its primary fuel over
the life of the project, short-rotation woody crops, may use as an interim fuel
agricultural waste and other biomass which is not farm-grown closed-loop
biomass for up to six years after the project's electric generating facility
becomes operational; provided, the project developer demonstrates the project
will use the designated short-rotation woody crops as its primary fuel after
the interim period and provided the location of the interim fuel production
meets the requirements of subdivision 1, paragraph (a), clause (3).
(b) A biomass project proposing to use, as its primary fuel
over the life of the project, short-rotation woody crops, may use as an interim
fuel agricultural waste and other biomass which is not farm-grown closed-loop
biomass for up to three years after the project's electric generating facility
becomes operational; provided, the project developer demonstrates the project
will use the designated short-rotation woody crops as its primary fuel after
the interim period.
(c) A biomass project that uses an interim fuel under the terms
of paragraph (b) may, in addition, use an interim fuel under the terms of
paragraph (a) for six years less the number of years that an interim fuel was
used under paragraph (b).
(d) A project developer proposing to use an exempt interim fuel
under paragraphs (a) and (b) must demonstrate to the public utility that the
project will have an adequate supply of short-rotation woody crops which meet
the requirements of subdivision 1 to fuel the project after the interim period.
(e) If a biomass project using an
interim fuel under this subdivision is or becomes owned or controlled, directly
or indirectly, by two municipal utilities as described in subdivision 5a,
paragraph (b), the project is deemed to comply with the requirement under this
subdivision to use farm-grown closed-loop biomass as its primary fuel if
farm-grown closed-loop biomass comprises no less than 25 percent of the fuel
used over the life of the project. For
purposes of this subdivision, "life of the project" means 20 years
from the date the project becomes operational or the term of the applicable
power purchase agreement between the project owner and the public utility,
whichever is longer.
Sec. 148. Minnesota
Statutes 2004, section 216B.2424, subdivision 5a, is amended to read:
Subd. 5a. [REDUCTION OF
BIOMASS MANDATE.] (a) Notwithstanding subdivision 5, the biomass electric
energy mandate shall must be reduced from 125 megawatts to 110
megawatts.
(b) The Public Utilities Commission shall approve a request
pending before the Public Utilities commission as of May 15, 2003, for an
amendment amendments to and assignment of a contract for power
from power purchase agreement with the owner of a facility that uses
short-rotation, woody crops as its primary fuel previously approved to satisfy
a portion of the biomass mandate if the developer owner of the
project agrees to reduce the size of its project from 50 megawatts to 35
megawatts, while maintaining a an average price for energy at
or below the current contract price. in nominal dollars measured over
the term of the power purchase agreement at or below $104 per megawatt-hour,
exclusive of any price adjustments that may take effect subsequent to
commission approval of the power purchase agreement, as amended. The commission shall also approve, as
necessary, any subsequent assignment or sale of the power purchase agreement or
ownership of the project to an entity owned or controlled, directly or
indirectly, by two municipal utilities located north of Constitutional Route
No. 8, as described in section 161.114, which currently own electric and steam
generation facilities using coal as a fuel and which propose to retrofit their
existing municipal electrical generating facilities to utilize biomass fuels in
order to perform the power purchase agreement.
(c) If the power purchase agreement described in paragraph
(b) is assigned to an entity that is, or becomes, owned or controlled, directly
or indirectly, by two municipal entities as described in paragraph (b), and the
power purchase agreement meets the price requirements of paragraph (b), the
commission shall approve any amendments to the power purchase agreement
necessary to reflect the changes in project location and ownership and any
other amendments made necessary by those changes. The commission shall also specifically find that:
(1) the power purchase agreement complies with and fully
satisfies the provisions of this section to the full extent of its 35-megawatt
capacity;
(2) all costs incurred by the public utility and all amounts
to be paid by the public utility to the project owner under the terms of the
power purchase agreement are fully recoverable pursuant to section 216B.1645;
(3) subject to prudency review by the commission, the public
utility may recover from its Minnesota retail customers the Minnesota
jurisdictional portion of the amounts that may be incurred and paid by the
public utility during the full term of the power purchase agreement; and
(4) if the purchase power agreement meets the requirements
of this subdivision, it is reasonable and in the public interest.
(d) The commission shall specifically approve recovery by
the public utility of any and all Minnesota jurisdictional costs incurred by
the public utility to improve, construct, install, or upgrade transmission,
distribution, or other electrical facilities owned by the public utility or
other persons in order to permit interconnection of the retrofitted
biomass-fueled generating facilities or to obtain transmission service for the
energy provided by the facilities to the public utility pursuant to section
216B.1645, and shall disapprove any provision in the power purchase agreement that
requires the developer or owner of the project to pay the jurisdictional costs
or that permit the public utility to terminate the power purchase agreement as
a result of the existence of those costs or the public utility's obligation to
pay any or all of those costs.
Sec. 149. Minnesota
Statutes 2004, section 216B.2424, subdivision 6, is amended to read:
Subd. 6. [REMAINING
MEGAWATT COMPLIANCE PROCESS.] (a) If there remain megawatts of biomass power
generating capacity to fulfill the mandate in subdivision 5 after the
commission has taken final action on all contracts filed by September 1, 2000,
by a public utility, as amended and assigned, this subdivision governs
final compliance with the biomass energy mandate in subdivision 5 subject to
the requirements of subdivisions 7 and 8.
(b) To the extent not inconsistent with this subdivision, the
provisions of subdivisions 2, 3, 4, and 5 apply to proposals subject to this
subdivision.
(c) A public utility must submit proposals to the commission to
complete the biomass mandate. The
commission shall require a public utility subject to this section to issue a
request for competitive proposals for projects for electric generation
utilizing biomass as defined in paragraph (f) of this subdivision to provide
the remaining megawatts of the mandate.
The commission shall set an expedited schedule for submission of
proposals to the utility, selection by the utility of proposals or projects,
negotiation of contracts, and review by the commission of the contracts or
projects submitted by the utility to the commission.
(d) Notwithstanding the provisions of subdivisions 1 to 5 but
subject to the provisions of subdivisions 7 and 8, a new or existing facility
proposed under this subdivision that is fueled either by biomass or by
co-firing biomass with nonbiomass may satisfy the mandate in this section. Such a facility need not use biomass that
complies with the definition in subdivision 1 if it uses biomass as defined in
paragraph (f) of this subdivision.
Generating capacity produced by co-firing of biomass that is operational
as of April 25, 2000, does not meet the requirements of the mandate, except
that additional co-firing capacity added at an existing facility after April
25, 2000, may be used to satisfy this mandate.
Only the number of megawatts of capacity at a facility which co-fires
biomass that are directly attributable to the biomass and that become
operational after April 25, 2000, count toward meeting the biomass mandate in
this section.
(e) Nothing in this subdivision precludes a facility proposed
and approved under this subdivision from using fuel sources that are not
biomass in compliance with subdivision 3.
(f) Notwithstanding the provisions of subdivision 1, for
proposals subject to this subdivision, "biomass" includes farm-grown
closed-loop biomass; agricultural wastes, including animal, poultry, and plant
wastes; and waste wood, including chipped wood, bark, brush, residue wood, and
sawdust.
(g) Nothing in this subdivision affects in any way contracts
entered into as of April 25, 2000, to satisfy the mandate in subdivision 5.
(h) Nothing in this subdivision requires a public utility to
retrofit its own power plants for the purpose of co-firing biomass fuel, nor is
a utility prohibited from retrofitting its own power plants for the purpose of
co-firing biomass fuel to meet the requirements of this subdivision.
Sec. 150. Minnesota
Statutes 2004, section 216B.2424, subdivision 8, is amended to read:
Subd. 8. [AGRICULTURAL
BIOMASS REQUIREMENT.] Of the 125 megawatts mandated in subdivision 5, or 110
megawatts mandated in subdivision 5a, at least 75 megawatts of the
generating capacity must be generated by facilities that use agricultural
biomass as the principal fuel source.
For purposes of this subdivision, agricultural biomass includes only farm-grown
closed-loop biomass and agricultural waste, including animal, poultry, and
plant wastes. For purposes of this subdivision,
"principal fuel source" means a fuel source that satisfies at least
75 percent of the fuel requirements of an electric power generating facility. Nothing in this subdivision is intended to
expand the fuel source requirements of subdivision 5.
Sec. 151. Minnesota
Statutes 2004, section 282.08, is amended to read:
282.08 [APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS.]
The net proceeds from the sale or rental of any parcel of
forfeited land, or from the sale of products from the forfeited land, must be
apportioned by the county auditor to the taxing districts interested in the
land, as follows:
(1) the amounts necessary to pay the state general tax levy
against the parcel for taxes payable in the year for which the tax judgment was
entered, and for each subsequent payable year up to and including the year of
forfeiture, must be apportioned to the state;
(2) the portion required to pay any amounts included in the
appraised value under section 282.01, subdivision 3, as representing increased
value due to any public improvement made after forfeiture of the parcel to the
state, but not exceeding the amount certified by the clerk of the municipality
must be apportioned to the municipal subdivision entitled to it;
(3) the portion required to pay any amount included in the
appraised value under section 282.019, subdivision 5, representing increased
value due to response actions taken after forfeiture of the parcel to the
state, but not exceeding the amount of expenses certified by the Pollution
Control Agency or the commissioner of agriculture, must be apportioned to the
agency or the commissioner of agriculture and deposited in the fund from which
the expenses were paid;
(4) the portion of the remainder required to discharge any
special assessment chargeable against the parcel for drainage or other purpose
whether due or deferred at the time of forfeiture, must be apportioned to the
municipal subdivision entitled to it; and
(5) any balance must be apportioned as follows:
(i) The county board may annually by resolution set aside no
more than 30 percent of the receipts remaining to be used for timber forest
development on tax-forfeited land and dedicated memorial forests, to be
expended under the supervision of the county board. It must be expended only on projects approved by the
commissioner of natural resources improving the health and management of
the forest resource.
(ii) The county board may annually by resolution set aside no
more than 20 percent of the receipts remaining to be used for the acquisition
and maintenance of county parks or recreational areas as defined in sections
398.31 to 398.36, to be expended under the supervision of the county board.
(iii) Any balance remaining must be apportioned as
follows: county, 40 percent; town or
city, 20 percent; and school district, 40 percent, provided, however, that in
unorganized territory that portion which would have accrued to the township
must be administered by the county board of commissioners.
Sec. 152. Minnesota
Statutes 2004, section 282.38, subdivision 1, is amended to read:
Subdivision 1.
[DEVELOPMENT.] In any county where the county board by proper resolution
sets aside funds for timber forest development pursuant to
section 282.08, clause (3)(a) (5), item (i), or section 459.06,
subdivision 2, the Commission commissioner of Iron Range
resources and rehabilitation may upon request of the county board assist
said county in carrying out any project for the long range development of its timber
forest resources through matching of funds or otherwise, provided
that any such project shall first be approved by the commissioner of natural
resources.
Sec. 153. Minnesota
Statutes 2004, section 296A.18, subdivision 2, is amended to read:
Subd. 2. [MOTORBOAT.]
Approximately 1-1/2 percent of all gasoline received in this state and 1-1/2
percent of all gasoline produced or brought into this state, except gasoline
used for aviation purposes, is being used as fuel for the operation of
motorboats on the waters of this state and of the total revenue derived from
the imposition of the gasoline fuel tax for uses other than for aviation
purposes, 1-1/2 percent of such revenues is the amount of tax on fuel used in
motorboats operated on the waters of this state. The amount of unrefunded tax paid on gasoline used for motor boat
purposes as computed in this chapter shall be paid into the state treasury and
credited to a water recreation account in the special revenue fund for
acquisition, development, maintenance, and rehabilitation of sites for public
access and boating facilities on public waters; lake and river improvement; state
park development; and boat and water safety.
Sec. 154. Minnesota
Statutes 2004, 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
diem 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 diem;
(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; projects or activities approved by
the commissioner of natural resources for:
(i) wildlife management projects that benefit the public at
large;
(ii) grant-in-aid trail maintenance and grooming established
under sections 84.83 and 84.927 and other trails open to public use, including
purchase or lease of equipment for this purpose; or
(iii) supplies and materials for safety training and
educational programs coordinated by the Department of Natural Resources,
including the Enforcement Division;
(15) (14) conducting nutritional programs, food
shelves, and congregate dining programs primarily for persons who are age 62 or
older or disabled;
(16) (15) 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) (16) an expenditure by a licensed veterans
organization for payment of water, fuel for heating, electricity, and sewer
costs for a building wholly owned or wholly leased by and used as the primary
headquarters of the licensed veterans organization;
(18) (17) expenditure by a licensed 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. No more than $5,000 can be expended in total per calendar year
under this clause by all licensed veterans organizations sharing the same
veterans post home; or
(19) (18) 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. 155. Minnesota
Statutes 2004, section 462.357, subdivision 1e, is amended to read:
Subd. 1e.
[NONCONFORMITIES.] (a) Any nonconformity, including the lawful
use or occupation of land or premises existing at the time of the adoption of
an additional control under this chapter, may be continued, including through
repair, replacement, restoration, maintenance, or improvement, but not
including expansion, unless:
(1) the nonconformity or occupancy is discontinued for a period
of more than one year; or
(2) any nonconforming use is destroyed by fire or other peril
to the extent of greater than 50 percent of its market value, and no building
permit has been applied for within 180 days of when the property is
damaged. In this case, a municipality may
impose reasonable conditions upon a building permit in order to mitigate any
newly created impact on adjacent property.
(b) Any subsequent use or occupancy
of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an
expansion or impose upon nonconformities reasonable regulations to prevent and
abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit a
municipality from enforcing an ordinance that applies to adults-only
bookstores, adults-only theaters, or similar adults-only businesses, as defined
by ordinance.
(c) Notwithstanding paragraph (a), a municipality shall
regulate the repair, replacement, maintenance, improvement, or expansion of
nonconforming uses and structures in floodplain areas to the extent necessary
to maintain eligibility in the National Flood Insurance Program and not
increase flood damage potential or increase the degree of obstruction to flood
flows in the floodway.
Sec. 156. [473.1565]
[METROPOLITAN AREA WATER SUPPLY PLANNING ACTIVITIES; ADVISORY COMMITTEE.]
Subdivision 1.
[PLANNING ACTIVITIES.] (a) The Metropolitan Council must carry out
planning activities addressing the water supply needs of the metropolitan area
as defined in section 473.121, subdivision 2.
The planning activities must include, at a minimum:
(1) development and maintenance of a base of technical
information needed for sound water supply decisions including surface and
groundwater availability analyses, water demand projections, water withdrawal
and use impact analyses, modeling, and similar studies;
(2) development and periodic update of a metropolitan area
master water supply plan that:
(i) provides guidance for local water supply systems and future
regional investments;
(ii) emphasizes conservation, interjurisdictional
cooperation, and long-term sustainability; and
(iii) addresses the reliability, security, and
cost-effectiveness of the metropolitan area water supply system and its local
and subregional components;
(3) recommendations for clarifying the appropriate roles and
responsibilities of local, regional, and state government in metropolitan area
water supply;
(4) recommendations for streamlining and consolidating
metropolitan area water supply decision-making and approval processes; and
(5) recommendations for the ongoing and long-term funding of
metropolitan area water supply planning activities and capital investments.
(b) The council must carry out the planning activities in
this subdivision in consultation with the metropolitan area water supply
advisory committee established in subdivision 2.
Subd. 2.
[ADVISORY COMMITTEE.] (a) A metropolitan area water supply advisory
committee is established to assist the council in its planning activities in
subdivision 1. The advisory committee
has the following membership:
(1) the commissioner of agriculture or the commissioner's
designee;
(2) the commissioner of health or the commissioner's
designee;
(3) the commissioner of natural
resources or the commissioner's designee;
(4) the commissioner of the pollution control agency or the
commissioner's designee;
(5) two officials of counties that are located in the
metropolitan area, appointed by the governor;
(6) five officials of noncounty local governmental units
that are located in the metropolitan area, appointed by the governor; and
(7) the chair of the Metropolitan Council or the chair's
designee, who is chair of the advisory committee.
A local government unit in each of the seven counties in the
metropolitan area must be represented in the seven appointments made under
clauses (5) and (6).
(b) Members of the advisory committee appointed by the
governor serve at the pleasure of the governor. Members of the advisory committee serve without compensation but
may be reimbursed for their reasonable expenses as determined by the
Metropolitan Council. The advisory
committee expires December 31, 2007.
(c) The council must consider the work and recommendations
of the advisory committee when the council is preparing its regional
development framework.
Subd. 3.
[REPORTS TO LEGISLATURE.] The council must submit reports to the
legislature regarding its findings, recommendations, and continuing planning
activities under subdivision 1. The
first report must be submitted to the legislature by the date the legislature
convenes in 2007 and subsequent reports must be submitted by such date every
five years thereafter.
[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. 157. Minnesota
Statutes 2004, section 473.197, subdivision 4, is amended to read:
Subd. 4. [DEBT RESERVE;
LEVY.] To provide money to pay debt service on bonds issued under the credit
enhancement program if pledged revenues are insufficient to pay debt service
in repealed subdivision 1 of Minnesota Statutes 2004, section 473.197,
the council must maintain a debt reserve fund in the manner and with the
effect provided by section 118A.04 for public funds until such a reserve
is no longer pledged or otherwise needed to pay debt service on such bonds. To provide funds for the debt reserve
fund, the council may use up to $3,000,000 of the proceeds of solid waste bonds
issued by the council under section 473.831 before its repeal. To provide additional funds for the debt
reserve fund, the council may levy a tax on all taxable property in the
metropolitan area and must levy the tax If sums in the debt reserve fund
are insufficient to cure any deficiency in the debt service fund established
for the bonds, the council must levy a tax on all taxable property in the
metropolitan area in the amount needed to cure the deficiency. The tax authorized by this section does not
affect the amount or rate of taxes that may be levied by the council for other
purposes and is not subject to limit as to rate or amount.
[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. 158. Minnesota
Statutes 2004, section 477A.12, is amended by adding a subdivision to read:
Subd. 4. [ANNUAL
APPROPRIATION FOR FISCAL YEAR 2007 AND EACH YEAR THEREAFTER.] Notwithstanding
subdivision 3, for the payment made in fiscal year 2007 and each year
thereafter, the appraised value of acquired natural resources land that was
acquired or received prior to July 1, 2004, shall be the value used for the
payment made in fiscal year 2006.
Sec. 159.
Minnesota Statutes 2004, section 477A.145, is amended to read:
477A.145 [INFLATION ADJUSTMENT.]
Subdivision 1.
[INFLATION ADJUSTMENT CALCULATION.] In 2001 and each year thereafter,
the amounts required to be adjusted for inflation in sections 477A.12 and
477A.14 shall be increased to an amount equal to: (1) the amount before the inflation adjustment multiplied by (2)
one plus the percentage increase in the implicit price deflator for government
consumption expenditures and gross investment for state and local governments
prepared by the Bureau of Economic Analysis of the United States Department of
Commerce for the period indicated below:
(i) the period starting with the first quarter of 1994 and
ending with the third quarter of the calendar year prior to the year in which
aid is paid, provided that lands acquired by the state under chapter 84A that
are designated as state parks, state recreation areas, scientific and natural
areas, or wildlife management areas are included in the definition of acquired
natural resource land under section 477A.11 for calculating payments in
calendar year 2001 and thereafter;
(ii) otherwise the period starting with the first quarter of
1987 and ending with the third quarter of the calendar year prior to the year
in which the aid is paid.
These adjusted amounts must
be rounded to the nearest one-tenth of a cent.
Subd. 2.
[ADJUSTMENTS FOR FISCAL YEAR 2007 AND EACH YEAR THEREAFTER.] Notwithstanding
subdivision 1, for the payments made in fiscal year 2007 and each year
thereafter, the inflation adjustments shall be the amounts determined for the
payment made in fiscal year 2006.
Sec. 160. Laws 2003,
chapter 128, article 1, section 9, subdivision 6, is amended to read:
Subd. 6. Recreation
7,622,000 5,870,000
Summary by Fund
Trust Fund 5,622,000 5,870,000
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, 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
$1,290,000 the first year and $1,289,000 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.
(e) Local and Regional Trail
Grant Initiative Program
$160,000 the first year and $160,000 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
$450,000 the first year and $700,000 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.
(i) Linking Communities Design, Technology,
and DNR Trail Resources
$92,000 the first year and
$92,000 the second year are from the trust fund to the commissioner of natural
resources for an agreement with the University of Minnesota to provide designs
for up to three state trails incorporating recreation, natural, and cultural
features.
(j) Ft. Ridgley Historic Site Interpretive
Trail
$75,000 the first year and $75,000 the second
year are from the trust fund to the Minnesota historical society to construct a
trail through the original fort site and install interpretive markers. 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.
(k) 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.
(l) 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
land from willing sellers. 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.
Sec. 161. Laws 2003,
chapter 128, article 1, section 167, subdivision 1, is amended to read:
Subdivision 1. [FOREST
CLASSIFICATION STATUS REVIEW.] (a) By December 31, 2006, the commissioner of
natural resources shall complete a review of the forest classification status
of all state forests classified as managed or limited, all forest lands
under the authority of the commissioner as defined in Minnesota Statutes,
section 89.001, subdivision 13, and lands managed by the commissioner under
Minnesota Statutes, section 282.011.
The review must be conducted on a forest-by-forest and area-by-area
basis in accordance with the process and criteria under Minnesota Rules, part
6100.1950. After each forest is reviewed,
the commissioner must change its status to limited or closed, and must provide
a similar status for each of the other areas subject to review under this
section after each individual review is completed.
(b) If the commissioner determines on January 1, 2005, that the
review required under this section cannot be completed by December 31, 2006,
the completion date for the review shall be extended to December 31, 2008. By January 15, 2005, the commissioner shall
report to the chairs of the legislative committees with jurisdiction over
natural resources policy and finance regarding the status of the process
required by this section.
(c) Until December 31, 2010, the state forests and areas
subject to review under this section are exempt from Minnesota Statutes,
section 84.777, unless an individual forest or area has been classified as
limited or closed.
(d) This subdivision does not apply to forest lands north of
U.S. Highway 2. All forest lands under
the authority of the commissioner as defined in Minnesota Statutes, section
89.001, subdivision 13, and lands managed by the commissioner under Minnesota
Statutes, section 282.011, that are north of U.S. Highway 2 shall maintain
their present classification unless the commissioner reclassifies the lands under
Minnesota Rules, part 6100.1950.
Sec. 162. Laws 2004,
chapter 220, section 1, is amended to read:
Section 1.
[ENVIRONMENTAL REVIEW; IRON NUGGET PRODUCTION SCALE DEMONSTRATION
FACILITY EXEMPTION.]
(a) The first iron nugget production scale demonstration
facility that meets all of the criteria in this section shall be exempt from
environmental review under Minnesota Statutes, chapter 116D and Minnesota
Rules, chapter 4410. The qualifying
project must:
(1) be the first iron nugget production scale demonstration
facility in Minnesota;
(2) involve a single rotary hearth furnace of maximum outside
pitch circle diameter, as measured from the midpoint of hearth to the
midpoint of hearth, of 60 meters;
(3) be located outside the area adjacent to the north shore of
Lake Superior classified as the lake orientation zone in the Department of
Natural Resources report entitled "North Shore Characterization
Study"; and
(4) have complete permit applications submitted to the
appropriate state agencies in calendar year 2004 by June 30, 2005,
for all permits required to construct and operate the facility.
(b) The Department of Natural Resources, the Environmental
Quality Board, the Pollution Control Agency, and any other state agency with
applicable permit-granting authority shall provide public notice for any
necessary permits for the iron nugget production scale demonstration facility
within four months of receiving complete applications.
(c) If the first iron nugget production scale demonstration
facility to qualify for this exemption is proposed at a stationary source that
has permitted taconite pellet furnaces, permanent shutdown of those pellet
furnaces, prior to start-up of the iron nugget production scale demonstration
facility, shall be a requirement in the iron nugget production scale
demonstration facility air quality permit.
The shutdown of these furnaces shall not be creditable in calculating
the "net emissions increase," as defined in Code of Federal
Regulations, title 40, section 52.21, for this project.
(d) The Pollution Control Agency shall strive in the permitting
process to assure the lowest mercury emissions reasonably possible.
(e) Permit applications must comply with applicable law, except
that an iron nugget production scale demonstration facility that meets the
criteria in this section is exempt from environmental review under Minnesota
Statutes, chapter 116D and Minnesota Rules, chapter 4410, and the company is
not required to perform an environmental review before permits are issued for
the iron nugget production scale demonstration facility.
(f) The construction and operation of the iron nugget
production scale demonstration facility will demonstrate whether the technology
is technically and economically feasible at this larger scale. Environmental data from the operation of the
iron nugget production scale demonstration facility may be used in the
environmental review and permitting of commercial scale facilities built elsewhere
in Minnesota.
(g) The exemption does not affect any existing permit
requirement that may require environmental review for a commercial scale iron
nugget facility at an existing taconite facility located within the area
adjacent to the north shore of Lake Superior classified as the lake orientation
zone in the Department of Natural Resources report entitled "North Shore
Characterization Study."
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 163. [CONTINUATION
OF AGREEMENTS.]
An agreement entered into between the Metropolitan Council
and a participant in the credit enhancement program under Minnesota Statutes
2004, section 473.197, subdivision 5, with respect to bonds issued prior to the
effective date of this section, shall continue in effect in accordance with its
terms; provided that no provision in such agreement shall be construed to
require or allow the council to pledge its full faith and credit and taxing
powers to the payment of additional bonds issued after the effective date of
this section.
[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. 164. [USE OF
CREDIT ENHANCEMENT PROGRAM FUNDS.]
The Metropolitan Council must transfer any funds originating
from the proceeds of solid waste bonds and available for the credit enhancement
program under Minnesota Statutes 2004, section 473.197, subdivision 4, to the
council's general fund to the extent such funds are no longer pledged or
otherwise needed by the council to maintain a debt reserve fund as provided for
in ongoing Minnesota Statutes, section 473.197, subdivision 4. The council must first use the transferred
funds for carrying out the metropolitan area water supply planning activities
required by Minnesota Statutes, section 473.1565, for staff support of the
advisory committee established under that section, and for related
purposes. If the council determines
that the transferred funds are no longer needed for such purposes, the council
may use any such funds for any general purposes of the council.
[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. 165. [REQUIRED
RULEMAKING.]
(a) The commissioner of natural resources shall amend
Minnesota Rules, part 6232.0300, subpart 7, to permit an individual to operate
an all-terrain vehicle on privately owned land in an area open to taking deer
by firearms during the legal shooting hours of the deer season, regardless of
whether the individual is licensed to take deer on the day of operation, if the
individual is:
(1) pursuing an occupation when operating the all-terrain
vehicle;
(2) not in possession of a firearm; and
(3) the owner of the land on which the all-terrain vehicle
is operated, an employee of the land owner, or an immediate family member of
the land owner.
(b) The commissioner may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), in amending the
rule under paragraph (a). Minnesota
Statutes, section 14.386, does not apply, except to the extent provided under
Minnesota Statutes, section 14.388.
Sec. 166. [INITIAL CITIZEN
APPOINTMENTS.]
The governor shall make the initial appointments of citizen
members to the Minnesota Conservation Heritage Council according to the
following schedule of terms:
(1) the chair to serve a full six-year term;
(2) three members to serve five-year terms;
(3) three members to serve four-year terms;
(4) two members to serve three-year terms; and
(5) two members to serve two-year terms.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 167. [TRANSITION.]
(a) The staff of the Legislative Commission on Minnesota
Resources shall provide administrative and technical assistance to the council.
(b) Administrative expenses saved through the elimination of
the Citizens Advisory Committee shall be used for the administrative expenses
of the council or other citizen advisory committees created by the council.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 168. [CONFORMING
CHANGES; RULES.]
The commissioner may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend rules
to conform to Minnesota Statutes, sections 97C.327 and 97C.395, subdivision 1,
as amended in this article. Minnesota
Statutes, section 14.386, does not apply to the rulemaking under this section
except to the extent provided under Minnesota Statutes, section 14.388.
Sec. 169. [GROOMING
RATES AND MAINTENANCE REIMBURSEMENTS.]
The commissioner of natural resources must work with trail
providers to increase grooming rates and maintenance reimbursements, consistent
with funding appropriated by the legislature, for grants provided under
Minnesota Statutes, section 84.83.
Sec. 170.
[REPEALERS.]
Subdivision 1.
[STATE PARK PERMIT EXEMPTIONS.] Minnesota Statutes 2004, section
85.054, subdivision 1, is repealed.
Subd. 2.
[OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION PROGRAM.] Minnesota
Statutes 2004, section 84.901, is repealed.
Subd. 3.
[MINNESOTA RESOURCES.] Minnesota Statutes 2004, sections 116P.02,
subdivisions 2 and 4; 116P.05; 116P.06; and 116P.08, subdivision 4, are
repealed.
Subd. 4.
[METROPOLITAN COUNCIL.] Minnesota Statutes 2004, sections 473.156;
and 473.197, subdivisions 1, 2, 3, and 5, are repealed.
Subd. 5. [STATE
LANDS.] Minnesota Statutes 2004, sections 94.343, subdivision 6; 94.344,
subdivision 6; 94.348; and 94.349, are repealed.
[EFFECTIVE DATE.] Subdivision
4 is effective the day following final enactment and applies in the counties of
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
ARTICLE
2
OPTION
A FROM HOUSE RESOLUTION 8
Section 1. [ENVIRONMENT
AND NATURAL RESOURCES APPROPRIATIONS.]
These amounts are in adjustments to the appropriations in
article 1 and are only effective if the house of representatives fails to pass
H.F. 1664. 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 "2006"
and "2007," where used in this article, mean that the appropriation
or appropriations listed under them are available for the year ending June 30,
2006, or June 30, 2007, respectively.
The term "first year" means the fiscal year ending June 30,
2006, and the term "second year" means the fiscal year ending June
30, 2007.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec. 2. Department of
Environmental Protection (500,000)
(500,000)
Sec. 3. Natural
Resources Department (3,810,000) (3,810,000)
$161,000 the first year and $161,000 the
second year are from the general fund for the reinvest in Minnesota wildlife
program.
$50,000 the first year and $50,000 the second
year are from the general fund for the reinvest in Minnesota fisheries program.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$135,000 the first year and $134,000 the
second year are from the general fund for the reinvest in Minnesota ecological
services program.
Sec. 4. Minnesota
Conservation Corps (350,000) (350,000)
Sec. 5. Water and Soil
Resources Board (705,000)
(705,000)
Of this amount ($105,000) each year is a
reduction to the Area 2 grant.
Sec. 6. Metropolitan
Council (300,000) (300,000)
Sec. 7. Science Museum
(35,000) (35,000)
ARTICLE 3
ENVIRONMENTAL REORGANIZATION
Section 1. Minnesota
Statutes 2004, 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 Education; the Department of
Employment and Economic Development; the Department of Environmental
Protection; 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.
Sec. 2. Minnesota
Statutes 2004, section 115A.06, subdivision 5, is amended to read:
Subd. 5. [RIGHT OF
ACCESS.] Whenever the office or the director acting on behalf of the office
commissioner deems it necessary to the accomplishment of its department
purposes, the office commissioner or any member, employee, or
agent thereof of the department, when authorized by it or
the director commissioner, may enter upon any property, public or
private, for the purpose of obtaining information or conducting surveys or
investigations, provided that the entrance and activity is undertaken after
reasonable notice and during normal business hours and provided that
compensation is made for any damages to the property caused by the entrance and
activity. The office commissioner
may pay a reasonable estimate of the damages it the commissioner
believes will be caused by the entrance and activity before entering any
property.
Sec. 3.
Minnesota Statutes 2004, section 115A.07, subdivision 1, is amended to
read:
Subdivision 1.
[INTERAGENCY COORDINATION.] The director commissioner
shall inform the commissioner of employment and economic development of the office's
department's activities, solicit the advice and recommendations of
the agency, and coordinate its work with the regulatory and enforcement
activities of the agency.
Sec. 4. Minnesota
Statutes 2004, section 115A.15, subdivision 7, is amended to read:
Subd. 7. [WASTE
REDUCTION PROCUREMENT MODEL.] To reduce the amount of solid waste generated by
the state and to provide a model for other public and private procurement
systems, the commissioner, in cooperation with the director of the Office of
Waste Management, shall develop continue to implement waste
reduction procurement programs, including an expanded life cycle costing system
for procurement of durable and repairable items by November 1, 1991. On implementation of the model
procurement system, The commissioner, in cooperation with the director,
shall develop and distribute informational materials for the purpose of
promoting the procurement model to other public and private entities under
section 115A.072, subdivision 4.
Sec. 5. Minnesota
Statutes 2004, section 115A.38, subdivision 1, is amended to read:
Subdivision 1. [REPORTS
TO LEGISLATIVE COMMISSION COMMITTEES.] At least 30 days before
making a final decision under section 115A.37 in a review brought pursuant to
section 115A.33, clause (d), the chair of the board commissioner
may report to the legislative commission committees with jurisdiction
over environment and natural resources policy and finance describing permit
conditions or requirements being considered which are not within the existing
authority of the agency or the board department or which would
require legislation or public financial assistance. In any such report the chair of the board commissioner
may request intervention in the review pursuant to subdivisions 2 and 3.
Sec. 6. [116.012]
[DEPARTMENT OF ENVIRONMENTAL PROTECTION; CREATION AND POWERS.]
The Department of Environmental Protection is created. The responsibilities of the Office of
Environmental Assistance and the Pollution Control Agency are transferred to
the Department of Environmental Protection under section 15.039. The offices of commissioner and members of
the Environmental Protection Board are continuations of those offices in the
Pollution Control Agency. In addition
to the provisions of section 15.039, no employee in the classified service
shall suffer job loss, have a salary reduced, or have employment benefits
reduced as a result of the reorganization in this act.
Sec. 7. Minnesota
Statutes 2004, section 116.03, subdivision 1, is amended to read:
Subdivision 1.
[OFFICE.] (a) The office of commissioner of the Pollution Control
Agency environmental protection is created and is under the
supervision and control of the commissioner, who. The commissioner is the chief executive
officer of the department and is appointed by the governor under the
provisions of section 15.06.
(b) The commissioner may appoint a deputy commissioner and
assistant commissioners who shall be in the unclassified service.
(c) The commissioner shall make all decisions on behalf of the agency
department that are not required to be made by the agency board
under section 116.02.
Sec. 8.
Minnesota Statutes 2004, section 116.07, subdivision 4b, is amended to
read:
Subd. 4b. [PERMITS;
HAZARDOUS WASTE FACILITIES.] (a) The agency shall provide to the Office of
Environmental Assistance established in section 115A.055, copies of each permit
application for a hazardous waste facility immediately upon its submittal to
the agency. The agency shall request
recommendations on each permit application from the office and shall consult
with the office on the agency's intended disposition of the recommendations. Except as otherwise provided in sections
115A.18 to 115A.30, the agency department shall commence any
environmental review required under chapter 116D within 120 days of its
acceptance of a completed permit application.
The agency department shall respond to a permit
application for a hazardous waste facility within 120 days following a decision
not to prepare environmental documents or following the acceptance of a
negative declaration notice or an environmental impact statement. Except as otherwise provided in sections
115A.18 to 115A.30, within 60 days following the submission of a final permit
application for a hazardous waste facility, unless a time extension is agreed
to by the applicant, the agency department shall issue or deny
all permits needed for the construction of the proposed facility.
(b) The agency department shall promulgate rules
pursuant to chapter 14 for all hazardous waste facilities. The rules shall require:
(1) contingency plans for all hazardous waste facilities which
provide for effective containment and control in any emergency condition;
(2) the establishment of a mechanism to assure that money to
cover the costs of closure and postclosure monitoring and maintenance of
hazardous waste facilities will be available;
(3) the maintenance of liability insurance by the owner or
operator of hazardous waste facilities during the operating life of the
facility.
Sec. 9. Minnesota
Statutes 2004, section 297H.13, subdivision 2, is amended to read:
Subd. 2. [ALLOCATION OF
REVENUES.] (a) $22,000,000 $33,760,000, or 50 70
percent, whichever is greater, of the amounts remitted under this chapter must
be credited to the environmental fund established in section 16A.531,
subdivision 1.
(b) The remainder must be deposited into the general fund.
Sec. 10. Minnesota
Statutes 2004, section 473.846, is amended to read:
473.846 [REPORT TO LEGISLATURE.]
The agency and the director commissioner 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
committees with jurisdiction over environment and natural resources,
and the house of representatives Committee on Environment and Natural Resources
policy and finance separate reports describing the activities for which
money for landfill abatement has been spent under sections 473.844 and
473.845. The agency commissioner
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
commissioner shall make recommendations to the Environment and
Natural Resources legislative 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. 11. [REVISOR'S
INSTRUCTION.]
Except as otherwise provided in this article, the revisor
shall make the following changes, with appropriate grammatical corrections, in
Minnesota Statutes and Minnesota Rules:
(1) delete references to the Pollution Control Agency or its
commissioner or the Office of Environmental Assistance or its director and
insert references to the Department of Environmental Protection or its
commissioner;
(2) delete references to the Pollution Control Agency where
it means the Pollution Control Agency Board and insert references to the board;
(3) delete language that is made superfluous by the merger
of the agency and the office;
(4) in Minnesota Statutes, chapters 115A to 116, delete
references to obsolete names of committees in the senate and house of
representatives and insert generic references to committees with jurisdiction
over the specified areas of governance; and
(5) in Minnesota Statutes, chapters 115A to 116, delete
obsolete references to reports required to be submitted to the legislature.
Sec. 12. [REPEALER.]
Minnesota Statutes 2004, sections 115A.03, subdivisions 8a
and 22a; 115A.055, subdivision 1; 115A.158, subdivision 3; 115D.03, subdivision
4; 116.02, subdivision 5; 116.04; and 473.801, subdivision 6, are repealed.
ARTICLE
4
CLEAN
WATER LEGACY
Section 1. [114D.05]
[CITATION.]
This chapter may be cited as the "Clean Water Legacy
Act."
Sec. 2. [114D.10]
[LEGISLATIVE PURPOSE.]
The purpose of the Clean Water Legacy Act is to restore,
protect, and preserve the quality of Minnesota's surface waters by providing
authority, direction, and resources to restore and maintain water quality
standards for surface waters as required by section 303(d) of the federal Clean
Water Act, United States Code, title 42, section 1313(d), and applicable
federal regulations.
Sec. 3. [114D.15]
[DEFINITIONS.]
Subdivision 1.
[APPLICATION.] The definitions provided in this section apply to the
terms used in this chapter.
Subd. 2.
[CITIZEN MONITORING.] "Citizen monitoring" means monitoring
of surface water quality by individuals and nongovernmental organizations that
is consistent with Pollution Control Agency guidance on monitoring procedures,
quality assurance protocols, and data management.
Subd. 3. [CLEAN
WATER COUNCIL.] "Clean Water Council" or "council" means
the Clean Water Council created pursuant to section 114D.30, subdivision 1.
Subd. 4.
[FEDERAL TMDL REQUIREMENTS.] "Federal TMDL requirements"
means the requirements of section 303(d) of the Clean Water Act, United States
Code, title 42, section 1313(d), and associated regulations and guidance.
Subd. 5.
[IMPAIRED WATER.] "Impaired water" means surface water that
does not meet applicable water quality standards.
Subd. 6. [PUBLIC
AGENCIES.] "Public agencies" means all state agencies, political
subdivisions, joint powers organizations, and special purpose units of
government with authority, responsibility, or expertise in protecting,
restoring, or preserving the quality of surface waters, managing or planning
for surface waters and related lands, or financing waters-related
projects. "Public agencies"
also includes the University of Minnesota and other public education
institutions.
Subd. 7.
[RESTORATION.] "Restoration" means actions, including
effectiveness monitoring, that are taken to restore and maintain water quality
standards for impaired waters in accordance with a TMDL that has been approved
by the United States Environmental Protection Agency under federal TMDL
requirements.
Subd. 8.
[SURFACE WATERS.] "Surface waters" means waters of the
state as defined in section 115.01, subdivision 22, excluding groundwater as
defined in section 115.01, subdivision 6.
Subd. 9.
[THIRD-PARTY TMDL.] "Third-party TMDL" means a TMDL that is
developed in whole or in part cooperatively between representatives from local
units of government where the TMDL is being completed and a qualified public or
private nonprofit entity other than the Pollution Control Agency consistent
with the goals, policies, and priorities in section 114D.20.
Subd. 10. [TOTAL
MAXIMUM DAILY LOAD OR TMDL.] "Total maximum daily load" or
"TMDL" means a calculation of the maximum amount of a pollutant that
may be introduced into a surface water and still ensure that applicable water
quality standards for that water are restored and maintained. A TMDL is the sum of the pollutant load
allocations for all sources of the pollutant, including a wasteload allocation
for point sources, a load allocation for nonpoint sources and natural
background, an allocation for future growth of point and nonpoint sources, and
a margin of safety to account for uncertainty about the relationship between
pollutant loads and the quality of the receiving surface water. "Natural background" means
characteristics of the water body resulting from the multiplicity of factors in
nature, including climate and ecosystem dynamics, that affect the physical,
chemical, or biological conditions in a water body, but does not include
measurable and distinguishable pollution that is attributable to human activity
or influence. A TMDL must take into
account seasonal variations.
Subd. 11. [WATER
QUALITY STANDARDS.] "Water quality standards" for Minnesota
surface waters are found in Minnesota Rules, chapters 7050 and 7052.
Sec. 4. [114D.20]
[IMPLEMENTATION; COORDINATION; GOALS; POLICIES; AND PRIORITIES.]
Subdivision 1.
[COORDINATION AND COOPERATION.] In implementing this chapter, public
agencies and private entities shall take into consideration the relevant
provisions of local and other applicable water management, conservation, land
use, land management, and development plans and programs. Public agencies with authority for local
water management, conservation, land use, land management, and development
plans shall take into consideration the manner in which their plans affect the
implementation of this chapter. Public
agencies shall identify opportunities to participate and assist in the
successful implementation of this chapter, including the funding or technical
assistance needs, if any, that may be necessary. In implementing this chapter, public agencies shall endeavor to
engage the cooperation of organizations and individuals whose activities affect
the quality of surface waters, including point and nonpoint sources of
pollution, and who have authority and responsibility for water management,
planning, and protection. To the extent
practicable, public agencies shall endeavor to enter into formal and informal agreements and
arrangements with federal agencies and departments to jointly utilize staff and
resources to deliver programs or conduct activities to achieve the intent of
this chapter, including efforts under the federal Clean Water Act and other
federal farm and soil and water conservation programs.
Subd. 2. [GOALS
FOR IMPLEMENTATION.] The following goals must guide the implementation of
this chapter:
(1) to identify impaired waters in accordance with federal
TMDL requirements within ten years after the effective date of this section and
thereafter to ensure continuing evaluation of surface waters for impairments;
(2) to submit TMDL's to the United States Environmental
Protection Agency for all impaired waters in a timely manner in accordance with
federal TMDL requirements;
(3) to set a reasonable time for implementing restoration of
each identified impaired water;
(4) to provide assistance and incentives to prevent waters
from becoming impaired and to improve the quality of waters which are listed as
impaired but have no approved TMDL addressing the impairment; and
(5) to promptly seek the delisting of waters from the
impaired waters list when those waters are shown to achieve the designated uses
applicable to the waters.
Subd. 3.
[IMPLEMENTATION POLICIES.] The following policies must guide the
implementation of this chapter:
(1) develop regional and watershed TMDL's, and TMDL's for
multiple pollutants, where reasonable and feasible;
(2) maximize use of available organizational, technical, and
financial resources to perform sampling, monitoring, and other activities to
identify impaired waters, including use of citizen monitoring;
(3) maximize opportunities for restoration of impaired
waters, by prioritizing and targeting of available programmatic, financial, and
technical resources and by providing additional state resources to complement
and leverage available resources;
(4) use existing regulatory authorities to achieve
restoration for point and nonpoint sources of pollution where applicable, and
promote the development and use of effective nonregulatory measures to address
pollution sources for which regulations are not applicable;
(5) use restoration methods that have a demonstrated
effectiveness in reducing impairments and provide the greatest long-term
positive impact on water quality protection and improvement while incorporating
innovative approaches on a case-by-case basis;
(6) identify for the legislature any innovative approaches
that may strengthen or complement existing programs; and
(7) identify and encourage implementation of measures to
prevent waters from becoming impaired and to improve the quality of waters that
are listed as impaired but have no approved TMDL addressing the impairment.
Subd. 4.
[PRIORITIES FOR IDENTIFYING IMPAIRED WATERS.] The Pollution Control
Agency, in accordance with federal TMDL requirements, shall set priorities for
identifying impaired waters, giving consideration to:
(1) waters where impairments would pose the greatest
potential risk to human or aquatic health; and
(2) waters where data developed through public agency or
citizen monitoring or other means provides evidence that an impaired condition
exists.
Subd. 5.
[PRIORITIES FOR PREPARATION OF TMDL'S.] The Clean Water Council shall
recommend priorities for scheduling and preparing TMDL's taking into account the
severity of the impairment, the designated uses of those waters, and other
applicable federal TMDL requirements.
In recommending priorities, the council shall also give consideration to
waters and watersheds:
(1) with impairments that pose the greatest potential risk
to human health;
(2) with impairments that pose the greatest potential risk
to aquatic health;
(3) where other public agencies and participating
organizations and individuals, especially local, basinwide, or regional
agencies or organizations, have demonstrated readiness to assist in carrying
out the responsibilities, including availability and organization of human,
technical, and financial resources necessary to undertake the work; and
(4) where there is demonstrated coordination and cooperation
among cities, counties, watershed districts, and soil and water conservation
districts in planning and implementation of activities that will assist in
carrying out the responsibilities.
Subd. 6.
[PRIORITIES FOR RESTORATION OF IMPAIRED WATERS.] In implementing
restoration of impaired waters, in addition to the priority considerations in
subdivision 5, the Clean Water Council shall give priority in its
recommendations for restoration funding from the clean water legacy account to
restoration projects that:
(1) coordinate with and utilize existing local authorities
and infrastructure for implementation;
(2) can be implemented in whole or in part by providing
support for existing or ongoing restoration efforts; and
(3) most effectively leverage other sources of restoration
funding, including federal, state, local, and private sources of funds; and
(4) show a high potential for early restoration and
delisting based upon data developed through public agency or citizen monitoring
or other means.
Subd. 7.
[PRIORITIES FOR FUNDING PREVENTION ACTIONS.] The Clean Water Council
shall apply the priorities applicable under subdivision 6, as far as
practicable, when recommending priorities for funding actions to prevent waters
from becoming impaired and to improve the quality of waters which are listed as
impaired but have no approved TMDL.
Sec. 5. [114D.25]
[ADMINISTRATION; POLLUTION CONTROL AGENCY.]
Subdivision 1.
[GENERAL DUTIES AND AUTHORITIES.] (a) The Pollution Control Agency,
in accordance with federal TMDL requirements, shall identify impaired waters
and propose a list of the waters for review and approval by the United States
Environmental Protection Agency, develop and approve TMDL's for listed impaired
waters and submit the approved TMDL's to the United States Environmental
Protection Agency for final approval, and propose to delist waters from the
Environmental Protection Agency impaired waters list.
(b) A TMDL must include a statement of the facts and
scientific data supporting the TMDL and a list of potential implementation
options, including a range of estimates of the cost of implementation and
individual wasteload data for any point sources addressed by the TMDL.
(c) The implementation information need not be sent to the
United States Environmental Protection Agency for review and approval.
Subd. 2.
[ADMINISTRATIVE PROCEDURES FOR TMDL APPROVAL.] The approval of a TMDL
by the Pollution Control Agency is a final decision of the agency for purposes
of section 115.05, and is subject to the contested case procedures of sections
14.57 to 14.62 in accordance with agency procedural rules. The agency shall not submit an approved TMDL
to the United States Environmental Protection Agency until the time for
commencing judicial review has run or the judicial review process has been
completed. A TMDL is not subject to the
rulemaking requirements of chapter 14, including section 14.386.
Subd. 3. [TMDL
SUBMITTAL REQUIREMENT.] Before submitting a TMDL to the United States
Environmental Protection Agency, the Pollution Control Agency shall comply with
the notice and procedure requirements of this section. If a contested case proceeding is not
required for a proposed TMDL, the agency may submit the TMDL to the United
States Environmental Protection Agency no earlier than 30 days after the notice
required in subdivision 4. If a
contested case proceeding is required for a TMDL, the TMDL may be submitted to
the United States Environmental Protection Agency after the contested case
proceeding and appeal process is completed.
Subd. 4. [TMDL
NOTICE; CONTENTS.] The Pollution Control Agency shall give notice of its
intention to submit a TMDL to the United States Environmental Protection
Agency. The notice must be given by
publication in the State Register and by United States mail to persons who have
registered their names with the agency.
The notice must include either a copy of the proposed TMDL or an easily
readable and understandable description of its nature and effect and an
announcement of how free access to the proposed TMDL can be obtained. In addition, the agency shall make
reasonable efforts to notify persons or classes of persons who may be
significantly affected by the TMDL by giving notice of its intention in newsletters,
newspapers, or other publications, or through other means of
communication. The notice must include
a statement informing the public:
(1) that the public has 30 days in which to submit comment
in support of or in opposition to the proposed TMDL and that comment is
encouraged;
(2) that each comment should identify the portion of the
proposed TMDL addressed, the reason for the comment, and any change proposed;
(3) of the manner in which persons must request a contested
case proceeding on the proposed TMDL;
(4) that the proposed TMDL may be modified if the
modifications are supported by the data and views submitted; and
(5) the date on which the 30-day comment period ends.
Subd. 5.
[THIRD-PARTY TMDL DEVELOPMENT.] The Pollution Control Agency may
enter into agreements with any qualified public or private nonprofit entity
setting forth the terms and conditions under which that entity is authorized to
develop a third-party TMDL. Before
entering into an agreement with an entity to develop a third-party TMDL, the
Pollution Control Agency must make reasonable efforts to notify cities,
counties, townships, soil and water conservation districts, and watershed
districts in the area that would be affected by the TMDL. An agreement with a third party for a TMDL
must ensure that the technical committee consist of at least 60 percent local
elected officials or their designees.
In determining whether an entity is qualified to develop a third-party
TMDL, the agency shall
consider the technical and administrative qualifications of the entity and may
not enter into an agreement with a third-party entity that has a conflict of
interest with respect to the development of the third-party TMDL. A third-party TMDL is subject to
modification and approval by the Pollution Control Agency, and must be approved
by the Pollution Control Agency before it is submitted to the United States
Environmental Protection Agency. Before
submitting a third-party TMDL to the Environmental Protection Agency, the
Pollution Control Agency must comply with the notice and procedure requirements
of subdivision 3. Approval of a
third-party TMDL by the Pollution Control Agency is subject to judicial review
and contested case procedures in the same manner as approval of any other TMDL
by the Pollution Control Agency. The
Pollution Control Agency shall consider authorizing the development of
third-party TMDL's consistent with the goals, policies, and priorities
determined under this section.
Sec. 6. [114D.30]
[CLEAN WATER COUNCIL.]
Subdivision 1.
[CREATION; DUTIES.] A Clean Water Council is created to advise on the
administration and implementation of this chapter, and foster coordination and
cooperation as described in section 114D.20, subdivision 1. The council may also advise on the
development of appropriate processes for expert scientific review as described
in section 114D.35, subdivision 2. The
Pollution Control Agency shall provide administrative support for the council
with the support of other member agencies.
The members of the council shall elect a chair from the nonagency
members of the council.
Subd. 2.
[MEMBERSHIP; APPOINTMENT.] The governor must appoint the members of
the council. The governor must appoint
one person from each of the following agencies: the Department of Natural Resources, the Department of
Agriculture, the Pollution Control Agency, and the Board of Water and Soil
Resources. The governor must appoint 14
additional nonagency members of the council as follows:
(1) two members representing statewide farm organizations;
(2) two members representing business organizations;
(3) two members representing environmental organizations;
(4) one member representing soil and water conservation
districts;
(5) one member representing watershed districts;
(6) one member representing organizations focused on
improvement of Minnesota lakes or streams;
(7) one member representing an organization of county
governments;
(8) two members representing organizations of city
governments;
(9) one member representing the Metropolitan Council
established under section 473.123; and
(10) one member representing an organization of township
governments.
In making appointments, the governor must attempt to provide
for geographic balance.
Subd. 3. [TERMS;
COMPENSATION; REMOVAL.] The initial terms of members representing state
agencies and the Metropolitan Council expire on the first Monday in January,
2007. Thereafter, the terms of members
representing the state agencies and the Metropolitan Council are four years and
are coterminous with the governor. The
terms of other members of the council shall be as provided in section 15.059,
subdivision 2. Members may serve until
their successors are appointed and qualify.
Compensation and removal of council members is as provided in section
15.059, subdivisions 3 and 4. A vacancy
on the council may be filled by the appointing authority provided in
subdivision 1 for the remainder of the unexpired term.
Subd. 4. [IMPLEMENTATION PLAN.] The Clean Water Council shall prepare a
plan for implementation of this chapter.
The plan shall address general procedures and timeframes for
implementing this chapter, and shall include a more specific implementation work
plan for the next fiscal biennium and a framework for setting priorities to
address impaired waters consistent with section 114D.45, subdivisions 2 to
7. The council shall issue the first
implementation plan under this subdivision by December 1, 2005, and shall issue
a revised work plan by December 1 of each even-numbered year thereafter.
Subd. 5.
[RECOMMENDATIONS ON APPROPRIATION OF FUNDS.] The Clean Water Council
shall recommend to the governor the manner in which money from the clean water
legacy account should be appropriated for the purposes identified in section
114D.45, subdivision 3. The council's
recommendations must be consistent with the purposes, policies, goals, and
priorities in sections 114D.05 to 114D.35, and shall allocate adequate support
and resources to identify impaired waters, develop TMDL's, implement
restoration of impaired waters, and provide assistance and incentives to
prevent waters from becoming impaired and improve the quality of waters which
are listed as impaired but have no approved TMDL. The council must recommend methods of ensuring that awards of
grants, loans, or other funds from the clean water legacy account specify the
outcomes to be achieved as a result of the funding, and specify standards to
hold the recipient accountable for achieving the desired outcomes.
Subd. 6.
[BIENNIAL REPORT TO LEGISLATURE.] By December 1 of each even-numbered
year, the council shall submit a report to the legislature on the activities
for which money from the clean water legacy account has been or will be spent
for the current biennium, and the activities for which money from the account
is recommended to be spent in the next biennium. The report due on December 1, 2014, must include an evaluation of
the progress made through June 30, 2014, in implementing this chapter, the need
for funding of future implementation of those sections, and recommendations for
the sources of such funding.
Sec. 7. [114D.35]
[PUBLIC AND STAKEHOLDER PARTICIPATION; SCIENTIFIC REVIEW; EDUCATION.]
Subdivision 1.
[PUBLIC AND STAKEHOLDER PARTICIPATION.] Public agencies and private
entities involved in the implementation of this chapter shall encourage
participation by the public and stakeholders, including local citizens, land
owners and managers, and public and private organizations, in the identification
of impaired waters, in developing TMDL's, and in planning and implementing
restoration of impaired waters. In
particular, the Pollution Control Agency shall make reasonable efforts to
provide timely information to the public and to stakeholders about impaired
waters that have been identified by the agency. The agency shall seek broad and early public and stakeholder
participation in scoping the activities necessary to develop a TMDL, including
the scientific models, methods, and approaches to be used in TMDL development,
and to implement restoration pursuant to section 114D.15, subdivision 7.
Subd. 2. [EXPERT
SCIENTIFIC ADVICE.] The Clean Water Council and public agencies and private
entities shall make use of available expertise from educational, research, and
technical organizations, including the University of Minnesota and other higher
education institutions, to provide appropriate independent expert advice on
models, methods, and approaches used in identifying impaired waters, developing
TMDL's, and implementing prevention and restoration.
Subd. 3.
[EDUCATION.] The Clean Water Council shall develop strategies for
informing, educating, and encouraging the participation of citizens,
stakeholders, and others regarding the identification of impaired waters,
development of TMDL's, and development and implementation of restoration for
impaired waters. Public agencies shall
be responsible for implementing the strategies."
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; reorganizing environmental
agencies; providing for regulation of certain activities and practices;
providing for accounts, assessments, and fees; creating the Clean Water Legacy
Act; amending Minnesota Statutes 2004, sections 15.01; 16A.125, subdivision 5;
84.027, subdivisions 12, 15, by adding a subdivision; 84.0274, by adding
subdivisions; 84.0911, subdivision 2; 84.631; 84.775, subdivision 1; 84.788,
subdivision 3, by adding a subdivision; 84.789, by adding a subdivision;
84.791, subdivisions 1, 2; 84.798, subdivision 1, by adding a subdivision;
84.804, subdivision 3; 84.82, subdivision 2, by adding a subdivision; 84.8205, subdivisions
1, 3, 4, 6; 84.83, subdivision 3, by adding a subdivision; 84.86, subdivision
1; 84.91, subdivision 1; 84.922, subdivision 2, by adding a subdivision;
84.925, subdivision 1, by adding a subdivision; 84.9256, subdivision 1;
84.9257; 84.926; 84.928, subdivision 2; 84D.03, subdivision 4; 85.053,
subdivisions 1, 2; 85.055, subdivision 2, by adding a subdivision; 85.42;
85.43; 86B.415, subdivisions 1, 2, 3, 4, 5, 6, by adding a subdivision; 88.17,
subdivision 1, by adding subdivisions; 88.6435, subdivision 4; 89.039,
subdivision 1; 89.19, subdivision 2; 89.37, by adding a subdivision; 92.03,
subdivision 4; 93.22, subdivision 1; 94.342, subdivisions 1, 3, 4, 5; 94.343,
subdivisions 1, 3, 7, 8, 10, by adding subdivisions; 94.344, subdivisions 1, 3,
5, 8, 10, by adding a subdivision; 97A.055, subdivision 4b; 97A.061, by adding
a subdivision; 97A.071, subdivision 2; 97A.075, subdivision 3; 97A.135,
subdivision 2a; 97A.4742, subdivision 4; 97A.485, subdivisions 6, 7; 97A.551,
by adding a subdivision; 97B.015, subdivisions 1, 2, 5, 7; 97B.020; 97B.025;
97C.085; 97C.327; 97C.395, subdivision 1; 103F.535, subdivision 1; 103G.271,
subdivision 6; 103G.301, subdivision 2; 103G.615, subdivision 2; 103I.681,
subdivision 11; 115.06, subdivision 4; 115.551; 115A.03, subdivisions 21, 32a;
115A.06, subdivision 5; 115A.07, subdivision 1; 115A.072, subdivision 1;
115A.12; 115A.15, subdivision 7; 115A.38, subdivision 1; 115A.545, subdivision
1; 115A.929; 116.03, subdivision 1; 116.07, subdivision 4b; 116P.02, by adding
a subdivision; 116P.03; 116P.04, subdivision 5; 116P.05, subdivision 2;
116P.07; 116P.08, subdivisions 3, 5, 6, 7, by adding subdivisions; 116P.09;
116P.10; 116P.11; 116P.12, subdivision 2; 116P.15, subdivision 2; 168.1296,
subdivision 1; 169A.63, subdivision 6; 216B.2424, subdivisions 1, 2, 5a, 6, 8,
by adding a subdivision; 282.08; 282.38, subdivision 1; 296A.18, subdivision 2;
297H.13, subdivision 2; 349.12, subdivision 25; 462.357, subdivision 1e;
473.197, subdivision 4; 473.846; 477A.12, by adding a subdivision; 477A.145;
Laws 2003, chapter 128, article 1, section 9, subdivision 6; Laws 2003, chapter
128, article 1, section 167, subdivision 1; Laws 2004, chapter 220, section 1;
proposing coding for new law in Minnesota Statutes, chapters 84; 86B; 92; 93; 97C;
116; 116P; 473; proposing coding for new law as Minnesota Statutes, chapter
114D; repealing Minnesota Statutes 2004, sections 84.901; 85.054, subdivision
1; 94.343, subdivision 6; 94.344, subdivision 6; 94.348; 94.349; 115A.03,
subdivisions 8a, 22a; 115A.055, subdivision 1; 115A.158, subdivision 3;
115D.03, subdivision 4; 116.02, subdivision 5; 116.04; 116P.02, subdivisions 2,
4; 116P.05; 116P.06; 116P.08, subdivision 4; 473.156; 473.197, subdivisions 1,
2, 3, 5; 473.801, subdivision 6."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Taxes.
The report was adopted.
Wilkin from the Committee on Commerce and Financial
Institutions to which was referred:
H. F. No. 944, A bill for an act relating to state government;
allowing certain boards to conduct meetings by telephone or other electronic
means; amending Minnesota Statutes 2004, sections 116J.68, by adding a
subdivision; 116L.03, by adding a subdivision; 116L.665, by adding a
subdivision; 116M.15, by adding a subdivision; 116U.25; proposing coding for
new law in Minnesota Statutes, chapter 41A.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Bradley from the Committee on Health
Policy and Finance to which was referred:
H. F. No. 1422, A bill for an act relating to operation of
state government; modifying license fees for waivered services programs serving
persons with developmental disabilities; changing provisions for state-operated
services; health care; nursing facility reimbursement; making changes to
programs for children and families; modifying certain fees; modifying license
provisions for exploratory borings; modifying health professional education
loan forgiveness program; modifying Vital Statistics Act; modifying
environmental laboratory certification provisions; providing for positive
abortion alternatives; modifying funding for suicide prevention; modifying
provisions for food, beverage, and lodging establishments; requiring rulemaking;
repealing regulation of complementary and alternative health care practices;
appropriating money; amending Minnesota Statutes 2004, sections 16A.724;
103I.101, subdivision 6; 103I.208, subdivisions 1, 2; 103I.235, subdivision 1;
103I.601, subdivision 2; 119B.13, subdivision 1; 144.122; 144.1501,
subdivisions 1, 2, 3, 4; 144.226, subdivisions 1, 4, by adding subdivisions;
144.3831, subdivision 1; 144.98, subdivision 3; 145.56, subdivisions 2, 5;
147A.08; 157.15, by adding a subdivision; 157.16, subdivisions 2, 3, by adding
subdivisions; 157.20, subdivisions 2, 2a; 214.01, subdivision 2; 245.4661,
subdivisions 2, 6; 245A.10, subdivision 5; 245C.10, subdivisions 2, 3; 245C.32,
subdivision 2; 246.0136, subdivision 1; 253.20; 256.01, subdivision 2, by
adding subdivisions; 256.019, subdivision 1; 256.045, subdivision 3; 256.046,
subdivision 1; 256.741, subdivision 4; 256.9657, by adding a subdivision;
256.969, subdivision 3a; 256B.04, by adding a subdivision; 256B.0575;
256B.0595, subdivision 2; 256B.0625, subdivisions 13, 13a, 13c, 13e, 13f, by
adding subdivisions; 256B.32, subdivision 1; 256B.431, subdivisions 28, 29, 30,
35, by adding a subdivision; 256B.432, subdivisions 1, 2, 5, by adding
subdivisions; 256B.434, subdivisions 3, 4, 4a, 4b, 4c, 4d, by adding a subdivision;
256B.438, subdivision 3; 256B.47, subdivision 2; 256B.69, by adding a
subdivision; 256B.75; 256D.03, subdivisions 3, 4, by adding a subdivision;
256D.06, subdivisions 5, 7, by adding a subdivision; 256J.12, subdivision 1, by
adding a subdivision; 256J.95, by adding subdivisions; 256L.03, subdivisions 1,
3; 256L.04, subdivisions 1, 8; 256L.05, subdivision 5; 256L.07, subdivisions 1,
3; 256L.09, subdivision 2; 256L.11, subdivision 6; 256L.12, subdivision 6, by
adding a subdivision; 326.42, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapters 145; 256B; 256K; 501B; repealing Minnesota
Statutes 2004, sections 13.383, subdivision 3; 13.411, subdivision 3; 119B.074;
144.1502; 146A.01; 146A.02; 146A.025; 146A.03; 146A.04; 146A.05; 146A.06;
146A.07; 146A.08; 146A.09; 146A.10; 146A.11; 157.215; 256.955; 256D.54,
subdivision 3; 256L.035; 256L.04, subdivision 7; 256L.09, subdivisions 1, 4, 5,
6, 7; 295.581; Laws 2003, First Special Session chapter 14, article 9, section
34; Minnesota Rules, parts 9500.1254; 9500.1256.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE
1
LICENSING
Section 1. Minnesota
Statutes 2004, section 245A.10, subdivision 5, is amended to read:
Subd. 5. [ANNUAL
LICENSE OR CERTIFICATION FEE FOR PROGRAMS WITHOUT A LICENSED CAPACITY.] (a)
Except as provided in paragraph paragraphs (b) and (c), 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.
(c) A program licensed to provide
residential-based habilitation services under the home and community-based
waiver for persons with developmental disabilities shall pay an annual license
fee that includes a base rate of $250 plus $38 times the number of clients
served on the first day of August of the current license year. State-operated programs are exempt from the
license fee under this paragraph.
Sec. 2. Minnesota
Statutes 2004, section 245C.10, subdivision 2, is amended to read:
Subd. 2. [SUPPLEMENTAL
NURSING SERVICES AGENCIES.] The commissioner shall recover the cost of the
background studies initiated by supplemental nursing services agencies
registered under section 144A.71, subdivision 1, through a fee of no more than $8
$20 per study charged to the agency.
The fees collected under this subdivision are appropriated to the
commissioner for the purpose of conducting background studies.
Sec. 3. Minnesota
Statutes 2004, section 245C.10, subdivision 3, is amended to read:
Subd. 3. [PERSONAL CARE
PROVIDER ORGANIZATIONS.] The commissioner shall recover the cost of background
studies initiated by a personal care provider organization under section
256B.0627 through a fee of no more than $12 $20 per study charged
to the organization responsible for submitting the background study form. The fees collected under this subdivision
are appropriated to the commissioner for the purpose of conducting background
studies.
Sec. 4. Minnesota
Statutes 2004, section 245C.32, subdivision 2, is amended to read:
Subd. 2. [USE.] (a) The
commissioner may also use these systems and records to obtain and provide
criminal history data from the Bureau of Criminal Apprehension, criminal
history data held by the commissioner, and data about substantiated
maltreatment under section 626.556 or 626.557, for other purposes, provided
that:
(1) the background study is specifically authorized in statute;
or
(2) the request is made with the informed consent of the
subject of the study as provided in section 13.05, subdivision 4.
(b) An individual making a request under paragraph (a), clause
(2), must agree in writing not to disclose the data to any other individual
without the consent of the subject of the data.
(c) The commissioner may recover the cost of obtaining and
providing background study data by charging the individual or entity requesting
the study a fee of no more than $12 $20 per study. The fees collected under this paragraph are
appropriated to the commissioner for the purpose of conducting background
studies.
ARTICLE
2
STATE-OPERATED
SERVICES
Section 1. Minnesota
Statutes 2004, section 245.4661, subdivision 2, is amended to read:
Subd. 2. [PROGRAM
DESIGN AND IMPLEMENTATION.] (a) The pilot projects shall be established to
design, plan, and improve the mental health service delivery system for adults
with serious and persistent mental illness that would:
(1) provide an expanded array of services from which clients
can choose services appropriate to their needs;
(2) be based on purchasing strategies that improve access and
coordinate services without cost shifting;
(3) incorporate existing state facilities and resources into
the community mental health infrastructure through creative partnerships with
local vendors; and
(4) utilize existing categorical funding streams and
reimbursement sources in combined and creative ways, except appropriations to
regional treatment centers and all funds that are attributable to the operation
of state-operated services are excluded unless appropriated specifically by the
legislature for a purpose consistent with this section or section 246.0136,
subdivision 1.
(b) All projects funded by January 1, 1997, must complete the
planning phase and be operational by June 30, 1997; all projects funded by
January 1, 1998, must be operational by June 30, 1998.
Sec. 2. Minnesota
Statutes 2004, section 245.4661, subdivision 6, is amended to read:
Subd. 6. [DUTIES OF
COMMISSIONER.] (a) For purposes of the pilot projects, the commissioner shall
facilitate integration of funds or other resources as needed and requested by
each project. These resources may
include:
(1) residential services funds administered under Minnesota
Rules, parts 9535.2000 to 9535.3000, in an amount to be determined by mutual
agreement between the project's managing entity and the commissioner of human
services after an examination of the county's historical utilization of
facilities located both within and outside of the county and licensed under
Minnesota Rules, parts 9520.0500 to 9520.0690;
(2) community support services funds administered under
Minnesota Rules, parts 9535.1700 to 9535.1760;
(3) other mental health special project funds;
(4) medical assistance, general assistance medical care,
MinnesotaCare and group residential housing if requested by the project's
managing entity, and if the commissioner determines this would be consistent
with the state's overall health care reform efforts; and
(5) regional treatment center nonfiscal resources to
the extent agreed to by the project's managing entity and the regional
treatment center consistent with section 246.0136, subdivision 1.
(b) The commissioner shall consider the following criteria in
awarding start-up and implementation grants for the pilot projects:
(1) the ability of the proposed projects to accomplish the
objectives described in subdivision 2;
(2) the size of the target population to be served; and
(3) geographical distribution.
(c) The commissioner shall review overall status of the
projects initiatives at least every two years and recommend any legislative
changes needed by January 15 of each odd-numbered year.
(d) The commissioner may waive administrative rule requirements
which are incompatible with the implementation of the pilot project.
(e) The commissioner may exempt the participating counties from
fiscal sanctions for noncompliance with requirements in laws and rules which
are incompatible with the implementation of the pilot project.
(f) The commissioner may award grants to an entity designated
by a county board or group of county boards to pay for start-up and
implementation costs of the pilot project.
Sec. 3. Minnesota
Statutes 2004, section 246.0136, subdivision 1, is amended to read:
Subdivision 1.
[PLANNING FOR ENTERPRISE ACTIVITIES.] The commissioner of human services
is directed to study and make recommendations to the legislature on
establishing enterprise activities within state-operated services. Before implementing an enterprise activity,
the commissioner must obtain statutory authorization for its implementation,
except that the commissioner has authority to implement enterprise activities
for adult mental health, adolescent services, and to establish a
public group practice without statutory authorization. Enterprise activities are defined as the
range of services, which are delivered by state employees, needed by people
with disabilities and are fully funded by public or private third-party health
insurance or other revenue sources available to clients that provide
reimbursement for the services provided.
Enterprise activities within state-operated services shall specialize in
caring for vulnerable people for whom no other providers are available or for
whom state-operated services may be the provider selected by the payer. In subsequent biennia after an enterprise
activity is established within a state-operated service, the base state
appropriation for that state-operated service shall be reduced proportionate to
the size of the enterprise activity.
Sec. 4. Minnesota
Statutes 2004, section 253.20, is amended to read:
253.20 [MINNESOTA SECURITY HOSPITAL.]
The commissioner of human services shall erect, equip, and
maintain in St. Peter a and other geographic locations under the
control of the commissioner of human services suitable building buildings
to be known as the Minnesota Security Hospital, for the purpose of providing a
secure treatment facility as defined in section 253B.02, subdivision 18a, for
persons who may be committed there by courts, or otherwise, or transferred
there by the commissioner of human services, and for persons who are found to
be mentally ill while confined in any correctional facility, or who may be
found to be mentally ill and dangerous, and the commissioner shall supervise
and manage the same as in the case of other state hospitals.
Sec. 5. [AUTHORIZATION
TO CLOSE AND VACATE REGIONAL TREATMENT CENTER AND STATE-OPERATED NURSING HOME
CAMPUSES.]
Effective the day following final enactment, the
commissioner of human services is authorized to vacate and close the regional
treatment center programs and campuses and state-operated nursing home programs
and campuses, upon notification of the chairs of the house and senate
committees having jurisdiction over human services, once the commissioner has
determined that the criteria established under Laws 2003, First Special Session
chapter 14, article 6, section 64, have been met.
ARTICLE
3
HEALTH
CARE
Section 1. Minnesota
Statutes 2004, section 16A.724, is amended to read:
16A.724 [HEALTH CARE ACCESS FUND.]
Subdivision 1.
[CREATION OF FUND.] (a) 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.
(b) Effective July 1, 2006, the commissioner of finance
shall deposit revenues collected from section 256.9657, subdivisions 2 and 3,
into the health care access fund.
Subd. 2.
[TRANSFERS.] To the extent available resources in the health care
access fund exceed expenditures in that fund, starting in fiscal year 2005, the
commissioner of finance shall transfer the excess funds from the health care
access fund to the general fund on June 30 of each year.
(a) In fiscal year 2005, transfers may not exceed
$192,442,000. For fiscal year 2008 and
thereafter, the transfer may not exceed $50,000,000.
(b) For fiscal years 2005 to 2007, MinnesotaCare shall be a
forecasted program and, if necessary, the commissioner shall reduce transfers
to meet expenditures and shall transfer sufficient funds from the general fund
to the health care access fund to meet annual expenditures.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 2. Minnesota
Statutes 2004, 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 carry out the specific duties in
paragraphs (a) through (aa) (cc):
(a) 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:
(1) require county agency participation in training and
technical assistance programs to promote compliance with statutes, rules,
federal laws, regulations, and policies governing human services;
(2) 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;
(3) develop a quality control program or other monitoring
program to review county performance and accuracy of benefit determinations;
(4) 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;
(5) 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;
(6) make contracts with and grants to public and private
agencies and organizations, both profit and nonprofit, and individuals, using
appropriated funds; and
(7) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) Establish and maintain any administrative units reasonably
necessary for the performance of administrative functions common to all
divisions of the department.
(h) 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.
(i) Act as coordinating referral and informational center on
requests for service for newly arrived immigrants coming to Minnesota.
(j) 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.
(k) 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.
(l) 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:
(1) 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; and
(2) a comprehensive plan, including estimated project costs,
shall be approved by the Legislative Advisory Commission and filed with the
commissioner of administration.
(m) 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.
(n) 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:
(1) 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; and
(2) notwithstanding the provisions of clause (1), 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 clause (1), 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
clause (1).
(o) 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.
(p) 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.
(q) Have the authority to establish and enforce the following
county reporting requirements:
(1) 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;
(2) 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;
(3) if the required reports are not received by the deadlines
established in clause (2), 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;
(4) 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;
(5) 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;
(6) the commissioner may not delay payments, withhold funds, or
require repayment under clause (3) or (5) 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 clause (3) or (5), the county board may appeal
the action according to sections 14.57 to 14.69; and
(7) counties subject to withholding of funds
under clause (3) or forfeiture or repayment of funds under clause (5) shall not
reduce or withhold benefits or services to clients to cover costs incurred due
to actions taken by the commissioner under clause (3) or (5).
(r) 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.
(s) 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.
(t) 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.
(u) 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 rebate as defined for purposes of the federal rebate
program in United States Code, title 42, section 1396r-8. 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.
(v) 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.
(w) 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.
(x) 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.
(y) 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.
(z) Designate community information and referral call centers
and incorporate cost reimbursement claims from the designated community
information and referral call centers into the federal cost reimbursement
claiming processes of the department according to federal law, rule, and
regulations. Existing information and
referral centers provided by Greater Twin Cities United Way or existing call
centers for which Greater Twin Cities United Way has legal authority to
represent, shall be included in these designations upon review by the
commissioner and assurance that these services are accredited and in compliance
with national standards. Any
reimbursement is appropriated to the commissioner and all designated
information and referral centers shall receive payments according to normal
department schedules established by the commissioner upon final approval of
allocation methodologies from the United States Department of Health and Human
Services Division of Cost Allocation or other appropriate authorities.
(aa) 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.
(bb) Have the authority to administer a drug rebate program
for drugs purchased for persons eligible for general assistance medical care
under section 256D.03, subdivision 3.
The commissioner shall require a rebate agreement from all manufacturers
of covered drugs as defined in section 256B.0625, subdivisions 13 and 13d. 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 manufacturers must provide payment
within the terms and conditions used for the federal rebate program established
under 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 under
section 1927 of title XIX of the Social Security Act.
Effective January 1, 2006, drug coverage under general
assistance medical care shall be limited to those prescription drugs that:
(1) are covered under the medical assistance program as
described in section 256B.0625, subdivisions 13 and 13d; and
(2) are provided by manufacturers that have fully executed
general assistance medical care rebate agreements with the commissioner and
comply with such agreements.
Prescription drug coverage under general assistance medical care shall
conform to coverage under the medical assistance program according to section
256B.0625, subdivisions 13 to 13g.
The rebate revenues collected under the drug rebate program
are dedicated to funding the pharmaceutical assistance program established
under paragraph (cc).
(cc) Have the authority to administer a
pharmaceutical assistance program. The
pharmaceutical assistance program may include:
(1) a drug discount card;
(2) assistance to the program administered by the Minnesota
Board on Aging under section 256.975, subdivision 9; and
(3) other efforts designed to assist citizens of the state
who are not eligible for prescription drug coverage to obtain free or
discounted prescription drugs.
The commissioner shall have authority to administer a drug
rebate program for any discount card program established under this
paragraph. The rebates collected under
this paragraph shall be used to provide a discount on the prescription drugs dispensed
to enrollees of the discount card program.
Sec. 3. Minnesota
Statutes 2004, section 256.01, is amended by adding a subdivision to read:
Subd. 2a.
[AUTHORIZATION FOR TEST SITES FOR HEALTH CARE PROGRAMS.] In
coordination with the development and implementation of HealthMatch, an automated
eligibility system for medical assistance, general assistance medical care, and
MinnesotaCare, the commissioner, in cooperation with county agencies, is
authorized to test and compare a variety of administrative models to
demonstrate and evaluate outcomes of integrating health care program business
processes and points of access. The
models will be evaluated for ease of enrollment for health care program
applicants and recipients and administrative efficiencies. Test sites will combine the administration
of all three programs and will include both local county and centralized
statewide customer assistance. The
duration of each approved test site shall be no more than one year. Based on the evaluation, the commissioner
shall recommend the most efficient and effective administrative model for
statewide implementation.
Sec. 4. Minnesota
Statutes 2004, section 256.019, subdivision 1, is amended to read:
Subdivision 1.
[RETENTION RATES.] When an assistance recovery amount is collected and
posted by a county agency under the provisions governing public assistance
programs including general assistance medical care, general assistance, and
Minnesota supplemental aid, the county may keep one-half of the recovery made
by the county agency using any method other than recoupment. For medical assistance, if the recovery is
made by a county agency using any method other than recoupment, the county may
keep one-half of the nonfederal share of the recovery. For MinnesotaCare, if the recovery is
collected and posted by the county agency, the county may keep one-half of the
nonfederal share of the recovery.
This does not apply to recoveries from medical providers or to
recoveries begun by the Department of Human Services' Surveillance and
Utilization Review Division, State Hospital Collections Unit, and the Benefit
Recoveries Division or, by the attorney general's office, or child support
collections. In the food stamp or food
support program, the nonfederal share of recoveries in the federal tax offset
program only will be divided equally between the state agency and the involved
county agency.
Sec. 5. Minnesota
Statutes 2004, section 256.045, subdivision 3, is amended to read:
Subd. 3. [STATE AGENCY
HEARINGS.] (a) State agency hearings are available for the following: (1) any person applying for, receiving or
having received public assistance, medical care, or a program of social
services granted by the state agency or a county agency or the federal Food Stamp
Act whose application for assistance is denied, not acted upon with reasonable
promptness, or whose assistance is suspended, reduced, terminated, or claimed
to have been incorrectly paid; (2) any patient or relative aggrieved by an
order of the commissioner under section 252.27; (3) a party aggrieved by a
ruling of a prepaid health plan; (4) except as provided under chapter 245C, any individual or
facility determined by a lead agency to have maltreated a vulnerable adult
under section 626.557 after they have exercised their right to administrative
reconsideration under section 626.557; (5) any person whose claim for foster
care payment according to a placement of the child resulting from a child
protection assessment under section 626.556 is denied or not acted upon with
reasonable promptness, regardless of funding source; (6) any person to whom a
right of appeal according to this section is given by other provision of law;
(7) an applicant aggrieved by an adverse decision to an application for a
hardship waiver under section 256B.15; (8) an applicant aggrieved by an
adverse decision to an application or redetermination for a Medicare Part D
prescription drug subsidy under section 256B.04, subdivision 4a; (9) except
as provided under chapter 245A, an individual or facility determined to have
maltreated a minor under section 626.556, after the individual or facility has
exercised the right to administrative reconsideration under section 626.556; or
(9) (10) except as provided under chapter 245C, an individual
disqualified under sections 245C.14 and 245C.15, on the basis of serious or
recurring maltreatment; a preponderance of the evidence that the individual has
committed an act or acts that meet the definition of any of the crimes listed
in section 245C.15, subdivisions 1 to 4; or for failing to make reports
required under section 626.556, subdivision 3, or 626.557, subdivision 3. Hearings regarding a maltreatment
determination under clause (4) or (8) (9) and a disqualification
under this clause in which the basis for a disqualification is serious or
recurring maltreatment, which has not been set aside under sections 245C.22 and
245C.23, shall be consolidated into a single fair hearing. In such cases, the scope of review by the
human services referee shall include both the maltreatment determination and
the disqualification. The failure to
exercise the right to an administrative reconsideration shall not be a bar to a
hearing under this section if federal law provides an individual the right to a
hearing to dispute a finding of maltreatment.
Individuals and organizations specified in this section may contest the
specified action, decision, or final disposition before the state agency by
submitting a written request for a hearing to the state agency within 30 days
after receiving written notice of the action, decision, or final disposition,
or within 90 days of such written notice if the applicant, recipient, patient,
or relative shows good cause why the request was not submitted within the
30-day time limit.
The hearing for an individual or facility under clause (4), (8)
(9), or (9) (10) is the only administrative appeal to the
final agency determination specifically, including a challenge to the accuracy
and completeness of data under section 13.04.
Hearings requested under clause (4) apply only to incidents of
maltreatment that occur on or after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged
to have maltreated a resident prior to October 1, 1995, shall be held as a contested
case proceeding under the provisions of chapter 14. Hearings requested under clause (8) (9) apply only
to incidents of maltreatment that occur on or after July 1, 1997. A hearing for an individual or facility
under clause (8) (9) is only available when there is no juvenile
court or adult criminal action pending.
If such action is filed in either court while an administrative review
is pending, the administrative review must be suspended until the judicial
actions are completed. If the juvenile
court action or criminal charge is dismissed or the criminal action overturned,
the matter may be considered in an administrative hearing.
For purposes of this section, bargaining unit grievance
procedures are not an administrative appeal.
The scope of hearings involving claims to foster care payments
under clause (5) shall be limited to the issue of whether the county is legally
responsible for a child's placement under court order or voluntary placement
agreement and, if so, the correct amount of foster care payment to be made on
the child's behalf and shall not include review of the propriety of the
county's child protection determination or child placement decision.
(b) A vendor of medical care as defined in section 256B.02,
subdivision 7, or a vendor under contract with a county agency to provide
social services is not a party and may not request a hearing under this
section, except if assisting a recipient as provided in subdivision 4.
(c) An applicant or recipient is not entitled to receive social
services beyond the services included in the amended community social services
plan.
(d) The commissioner may summarily affirm the county or state
agency's proposed action without a hearing when the sole issue is an automatic
change due to a change in state or federal law.
Sec. 6. Minnesota
Statutes 2004, section 256.045, subdivision 3a, is amended to read:
Subd. 3a. [PREPAID
HEALTH PLAN APPEALS.] (a) All prepaid health plans under contract to the
commissioner under chapter 256B or 256D must provide for a complaint system
according to section 62D.11. When a
prepaid health plan denies, reduces, or terminates a health service or denies a
request to authorize a previously authorized health service, the prepaid health
plan must notify the recipient of the right to file a complaint or an
appeal. The notice must include the
name and telephone number of the ombudsman and notice of the recipient's right
to request a hearing under paragraph (b).
When a complaint is filed, the prepaid health plan must notify the
ombudsman within three working days.
Recipients may request the assistance of the ombudsman in the complaint
system process. The prepaid health plan
must issue a written resolution of the complaint to the recipient within 30
days after the complaint is filed with the prepaid health plan. A recipient is not required to exhaust the
complaint system procedures in order to request a hearing under paragraph (b).
(b) Recipients enrolled in a prepaid health plan under chapter
256B or 256D may contest a prepaid health plan's denial, reduction, or
termination of health services, a prepaid health plan's denial of a request to
authorize a previously authorized health service, or the prepaid health plan's
written resolution of a complaint by submitting a written request for a hearing
according to subdivision 3. A state
human services referee shall conduct a hearing on the matter and shall
recommend an order to the commissioner of human services. The commissioner need not grant a hearing if
the sole issue raised by a recipient is the commissioner's authority to require
mandatory enrollment in a prepaid health plan in a county where prepaid health
plans are under contract with the commissioner. The state human services referee may order a second medical
opinion from the prepaid health plan or may order a second medical opinion from
a nonprepaid health plan provider at the expense of the prepaid health
plan. Recipients may request the
assistance of the ombudsman in the appeal process.
(c) In the written request for a hearing to appeal from a
prepaid health plan's denial, reduction, or termination of a health service, a
prepaid health plan's denial of a request to authorize a previously authorized
service, or the prepaid health plan's written resolution to a complaint, a
recipient may request an expedited hearing.
If an expedited appeal is warranted, the state human services referee
shall hear the appeal and render a decision within a time commensurate with the
level of urgency involved, based on the individual circumstances of the case.
Sec. 7. Minnesota
Statutes 2004, 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, the diversionary work
program, child care assistance programs, general assistance, family general
assistance program formerly codified in section 256D.05, subdivision 1, clause
(15), Minnesota supplemental aid, 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 through age 18. The Department of Human Services, in lieu of a local agency,
may initiate an administrative fraud disqualification hearing when the state
agency is directly responsible for administration of the health care program
for which benefits were wrongfully obtained. 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, medical care programs, and child care assistance under
chapter 119B.
Sec. 8. Minnesota
Statutes 2004, section 256.9657, is amended by adding a subdivision to read:
Subd. 7a.
[WITHHOLDING.] If any provider obligated to pay an annual surcharge
under this section is more than two months delinquent in the timely payment of
a monthly surcharge installment payment, the provisions in paragraphs (a) to
(f) apply.
(a) The department may withhold some or all of the amount of
the delinquent surcharge, together with any interest and penalties due and
owing on those amounts, from any money the department owes to the
provider. The department may, at its
discretion, also withhold future surcharge installment payments from any money
the department owes the provider as those installments become due and
owing. The department may continue this
withholding until the department determines there in no longer any need to do
so.
(b) The department shall give prior notice of the
department's intention to withhold by mailing a written notice to the provider
at the address to which remittance advices are mailed or faxing a copy of the
notice to the provider at least ten business days before the date of the first
payment period for which the withholding begins. The notice may be sent by ordinary or certified mail, or
facsimile, and shall be deemed received as of the date of mailing or receipt of
the facsimile. The notice shall:
(i) state the amount of the delinquent surcharge;
(ii) state the amount of the withholding per payment period;
(iii) state the date on which the withholding is to begin;
(iv) state whether the department intends to withhold future
installments of the provider's surcharge payments;
(v) inform the provider of their rights to informally object
to the proposed withholding and to appeal the withholding as provided for in
this subdivision;
(vi) state that the provider may prevent the withholding
during the pendancy of their appeal by posting a bond; and
(vii) state other contents as the department deems
appropriate.
(c) The provider may informally object to the withholding in
writing anytime before the withholding begins.
An informal objection shall not stay or delay the commencement of the
withholding. The department may
postpone the commencement of the withholding as deemed appropriate and shall
not be required to give another notice at the end of the postponement and
before commencing the withholding. The
provider shall have the right to appeal any withholding from remittances by
filing an appeal with Ramsey County District Court and serving notice of the
appeal on the department within 30 days of the date of the written notice of
the withholding. Notice shall be given
and the appeal shall be heard no later than 45 days after the appeal is
filed. In a hearing of the appeal, the
department's action shall be sustained if the department proves the amount of
the delinquent surcharges or overpayment the provider owes, plus any accrued
interest and penalties, has not been repaid.
The department may continue withholding for delinquent and current
surcharge installment payments during the pendancy of an appeal unless the
provider posts a bond from a surety company licensed to do business in
Minnesota in favor of the department in an amount equal to two times the provider's
total annual surcharge payment for the fiscal year in which the appeal is filed
with the department.
(d) The department shall refund any amounts due to the
provider under any final administrative or judicial order or decree which fully
and finally resolves the appeal together with interest on those amounts at the
rate of three percent per annum simple interest computed from the date of each
withholding, as soon as practical after entry of the order or decree.
(e) The commissioner, or the commissioner's designee, may
enter into written settlement agreements with a provider to resolve disputes
and other matters involving unpaid surcharge installment payments or future
surcharge installment payments.
(f) Notwithstanding any law to the contrary, all unpaid
surcharges, plus any accrued interest and penalties, shall be overpayments for
purposes of section 256B.0641.
Sec. 9. Minnesota
Statutes 2004, 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 five 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.
(d) In addition to the reduction in paragraphs (b) and (c)
and section 256D.03, subdivision 4, paragraph (k), the total payment for
fee-for-service admissions occurring on or after July 1, 2005, made to
hospitals for inpatient services before third-party liability and spenddown, is
reduced five 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. 10. Minnesota
Statutes 2004, section 256B.02, subdivision 12, is amended to read:
Subd. 12. [THIRD-PARTY
PAYER.] "Third-party payer" means a person, entity, or agency
or government program that has a probable obligation to pay all or part of the
costs of a medical assistance recipient's health services. Third-party payer includes an entity
under contract with the recipient to cover all or part of the recipient's
medical costs.
Sec. 11. Minnesota
Statutes 2004, section 256B.04, is amended by adding a subdivision to read:
Subd. 4a.
[MEDICARE PRESCRIPTION DRUG SUBSIDY.] The commissioner shall perform
all duties necessary to administer eligibility determinations for the Medicare
Part D prescription drug subsidy and facilitate the enrollment of eligible
medical assistance recipients into Medicare prescription drug plans as required
by the Medicare Prescription Drug, Improvement and Modernization Act of 2003
(MMA), Public Law 108-173, and Code of Federal Regulations, title 42, sections
423.30 through 423.56 and 423.771 through 423.800.
Sec. 12. Minnesota Statutes
2004, section 256B.056, is amended by adding a subdivision to read:
Subd. 3d.
[REDUCTION OF EXCESS ASSETS.] Assets in excess of the limits set
forth in subdivisions 3 to 3c may be reduced to allowable limits as follows:
(a) Assets may be reduced in any of the three calendar
months before the month of application in which the applicant seeks coverage
by:
(1) designating burial funds up to $1500 for each applicant,
spouse, and MA-eligible dependent child; and
(2) paying health service bills incurred in the retroactive
period for which the applicant seeks eligibility, starting with the oldest
bill. After assets are reduced to
allowable limits, eligibility begins with the next dollar of MA-covered health
services incurred in the retroactive period.
Applicants reducing assets under this subdivision who also have excess
income shall first spend excess assets to pay health service bills and may meet
the income spenddown on remaining bills.
(b) Assets may be reduced beginning the month of application
by:
(1) paying bills for health services that would otherwise be
paid by medical assistance; and
(2) using any means other than a transfer of assets for less
than fair market value as defined in section 256B.0595, subdivision 1,
paragraph (b).
Sec. 13. Minnesota
Statutes 2004, section 256B.056, subdivision 5, is amended to read:
Subd. 5. [EXCESS
INCOME.] A person who has excess income is eligible for medical assistance if
the person has expenses for medical care that are more than the amount of the
person's excess income, computed by deducting incurred medical expenses from
the excess income to reduce the excess to the income standard specified in
subdivision 5c. The person shall elect
to have the medical expenses deducted at the beginning of a one-month budget
period or at the beginning of a six-month budget period. The commissioner shall allow persons
eligible for assistance on a one-month spenddown basis under this subdivision
to elect to pay the monthly spenddown amount in advance of the month of
eligibility to the state agency in order to maintain eligibility on a
continuous basis. If the recipient does
not pay the spenddown amount on or before the Information
System (MMIS) to indicate that the recipient has elected this option. The state agency shall convey recipient
eligibility information relative to the collection of the spenddown to
providers through the Electronic Verification System (EVS). A recipient electing advance payment must
pay the state agency the monthly spenddown amount on or before noon on
the 20th last business day
of the month, the recipient is ineligible for this option for the following
month. The local agency shall code the
Medicaid Management 20th last business day of the month in order to be eligible
for this option in the following month.
[EFFECTIVE DATE.] This
section is effective March 1, 2006, or upon HealthMatch implementation,
whichever is later.
Sec. 14. Minnesota
Statutes 2004, section 256B.056, subdivision 5a, is amended to read:
Subd. 5a. [INDIVIDUALS
ON FIXED OR EXCLUDED INCOME.] Recipients of medical assistance who receive only
fixed unearned or excluded income, when that income is excluded from
consideration as income or unvarying in amount and timing of receipt throughout
the year, shall report and verify their income annually every 12
months. The 12-month period begins with
the month of application.
[EFFECTIVE DATE.] This
section is effective March 1, 2006, or upon HealthMatch implementation,
whichever is later.
Sec. 15. Minnesota
Statutes 2004, section 256B.056, subdivision 5b, is amended to read:
Subd. 5b. [INDIVIDUALS
WITH LOW INCOME.] Recipients of medical assistance not residing in a long-term
care facility who have slightly fluctuating income which is below the medical
assistance income limit shall report and verify their income on a semiannual
basis every six months. The
six-month period begins the month of application.
[EFFECTIVE DATE.] This
section is effective March 1, 2006, or upon HealthMatch implementation,
whichever is later.
Sec. 16. Minnesota
Statutes 2004, section 256B.056, subdivision 7, is amended to read:
Subd. 7. [PERIOD OF
ELIGIBILITY.] Eligibility is available for the month of application and for
three months prior to application if the person was eligible in those prior
months. Eligibility for months prior
to application is determined independently from eligibility for the month of
application and future months. A
redetermination of eligibility must occur every 12 months. The 12-month period begins with the month
of application.
[EFFECTIVE DATE.] This
section is effective March 1, 2006, or upon HealthMatch implementation,
whichever is later.
Sec. 17. Minnesota
Statutes 2004, section 256B.056, is amended by adding a subdivision to read:
Subd. 9.
[NOTICE.] The state agency must be given notice of monetary claims
against a person, entity, or corporation that may be liable to pay all or part
of the cost of medical care when the state agency has paid or becomes liable
for the cost of that care. Notice must
be given according to paragraphs (a) to (d).
(a) An applicant for medical assistance shall notify the
state or local agency of any possible claims when the applicant submits the
application. A recipient of medical
assistance shall notify the state or local agency of any possible claims when
those claims arise.
(b) A person providing medical care services to a recipient
of medical assistance shall notify the state agency when the person has reason
to believe that a third party may be liable for payment of the cost of medical
care.
(c) A party to a claim that may be
assigned to the state agency under this section shall notify the state agency
of its potential assignment claim in writing at each of the following stages of
a claim:
(1) when a claim is filed;
(2) when an action is commenced; and
(3) when a claim is concluded by payment, award, judgment,
settlement, or otherwise.
(d) Every party involved in any stage of a claim under this
subdivision is required to provide notice to the state agency at that stage of
the claim. However, when one of the
parties to the claim provides notice at that stage, every other party to the
claim is deemed to have provided the required notice for that stage of the
claim. If the required notice under
this paragraph is not provided to the state agency, all parties to the claim
are deemed to have failed to provide the required notice. A party to the claim includes the injured
person or the person's legal representative, the plaintiff, the defendants, or
persons alleged to be responsible for compensating the injured person or
plaintiff, and any other party to the cause of action or claim, regardless of
whether the party knows the state agency has a potential or actual assignment
claim.
Sec. 18. Minnesota
Statutes 2004, section 256B.056, is amended by adding a subdivision to read:
Subd. 10.
[ELIGIBILITY VERIFICATION.] (a) The commissioner shall require women
who are applying for the continuation of medical assistance coverage following
the end of the 60-day postpartum period to complete a renewal form and verify
assets.
(b) The commissioner shall determine the eligibility of
private-sector health care coverage for infants less than one year of age
eligible under section 256B.055, subdivision 10, or 256B.057, subdivision 1,
paragraph (d), and shall pay for private-sector coverage if this is determined
to be cost-effective.
(c) The commissioner shall modify the application for
Minnesota health care programs to require more detailed information related to
verification of assets and income, and shall verify assets and income for all
applicants, and for all recipients upon renewal.
(d) The commissioner shall require recipients to report and
verify new employment income within ten days of the change, and shall disenroll
recipients who fail to provide verification.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Prior to the implementation of HealthMatch, the commissioner shall
implement this section to the fullest extent possible, including the use of
manual processing. Upon implementation
of HealthMatch, the commissioner shall implement this section in a manner
consistent with the procedures and requirements of HealthMatch.
Sec. 19. Minnesota
Statutes 2004, section 256B.0575, is amended to read:
256B.0575 [AVAILABILITY OF INCOME FOR INSTITUTIONALIZED
PERSONS.]
When an institutionalized person is determined eligible for
medical assistance, the income that exceeds the deductions in paragraphs (a)
and (b) must be applied to the cost of institutional care.
(a) The following amounts must be deducted from the
institutionalized person's income in the following order:
(1) the personal needs allowance under
section 256B.35 or, for a veteran who does not have a spouse or child, or a
surviving spouse of a veteran having no child, the amount of an improved
pension received from the veteran's administration not exceeding $90 per month;
(2) the personal allowance for disabled individuals under
section 256B.36;
(3) if the institutionalized person has a legally appointed
guardian or conservator, five percent of the recipient's gross monthly income
up to $100 as reimbursement for guardianship or conservatorship services;
(4) a monthly income allowance determined under section
256B.058, subdivision 2, but only to the extent income of the institutionalized
spouse is made available to the community spouse;
(5) a monthly allowance for children under age 18 which,
together with the net income of the children, would provide income equal to the
medical assistance standard for families and children according to section
256B.056, subdivision 4, for a family size that includes only the minor
children. This deduction applies only if
the children do not live with the community spouse and only to the extent that
the deduction is not included in the personal needs allowance under section
256B.35, subdivision 1, as child support garnished under a court order;
(6) a monthly family allowance for other family members, equal
to one-third of the difference between 122 percent of the federal poverty
guidelines and the monthly income for that family member;
(7) reparations payments made by the Federal Republic of
Germany and reparations payments made by the Netherlands for victims of Nazi
persecution between 1940 and 1945;
(8) all other exclusions from income for institutionalized
persons as mandated by federal law; and
(9) amounts for reasonable expenses incurred for necessary
medical or remedial care for the institutionalized person that are not medical
assistance covered expenses and that are not subject to payment by a third
party.
Reasonable expenses are limited to expenses that have not
been previously used as a deduction from income and are incurred during the
enrollee's current period of eligibility, including retroactive months
associated with the current period of eligibility, for medical assistance
payment of long-term care services.
For purposes of clause (6), "other family member"
means a person who resides with the community spouse and who is a minor or
dependent child, dependent parent, or dependent sibling of either spouse. "Dependent" means a person who
could be claimed as a dependent for federal income tax purposes under the
Internal Revenue Code.
(b) Income shall be allocated to an institutionalized person
for a period of up to three calendar months, in an amount equal to the medical
assistance standard for a family size of one if:
(1) a physician certifies that the person is expected to reside
in the long-term care facility for three calendar months or less;
(2) if the person has expenses of maintaining a residence in
the community; and
(3) if one of the following circumstances apply:
(i) the person was not living together with a spouse or a
family member as defined in paragraph (a) when the person entered a long-term
care facility; or
(ii) the person and the person's spouse
become institutionalized on the same date, in which case the allocation shall
be applied to the income of one of the spouses.
For purposes of this
paragraph, a person is determined to be residing in a licensed nursing home,
regional treatment center, or medical institution if the person is expected to
remain for a period of one full calendar month or more.
Sec. 20. Minnesota
Statutes 2004, 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 on the first day of
the month after the month in which the first uncompensated transfer was
made. If the transfer was reported
to the local agency after the date that advance notice of a period of
ineligibility that affects the next month could be provided to the recipient
and the recipient received medical assistance services or the transfer was
not reported to the local agency, and the applicant or recipient
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.] This
section is effective for transfers occurring on or after July 1, 2005.
Sec. 21. Minnesota
Statutes 2004, 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 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 104-200; or
(9) determined to be a Cuban or Haitian entrant as defined in
section 501(e) of Public Law 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 this chapter, 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 this chapter, 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 this chapter 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).
(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 this chapter, 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).
(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).
(f) Nonimmigrants who otherwise meet the eligibility
requirements of this chapter are eligible for the benefits as provided in
paragraphs (g) to (i). 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 this chapter, 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, or eligible for medical assistance as described in paragraph
(j), and who are not covered by a group health plan or health insurance
coverage according to Code of Federal Regulations, title 42, section 457.310,
and who otherwise meet the eligibility requirements of this chapter, are
eligible for medical assistance payment without federal financial
participation for care and services through the period of pregnancy, and
including labor and delivery, to the extent federal funds are available
under Title XXI of the Social Security Act, and the state children's health
insurance program, followed by 60 days postpartum, except for labor and
delivery without federal financial participation.
(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) 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
this chapter 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
paragraph shall not be required to participate in prepaid medical assistance.
Sec. 22. Minnesota
Statutes 2004, section 256B.0625, is amended by adding a subdivision to read:
Subd. 1a.
[SERVICES PROVIDED IN A HOSPITAL EMERGENCY ROOM.] Medical assistance
does not cover visits to a hospital emergency room that are not for emergency
and emergency poststabilization care or urgent care, and does not pay for any
services provided in a hospital emergency room that are not for emergency and
emergency poststabilization care or urgent care.
Sec. 23. Minnesota
Statutes 2004, section 256B.0625, subdivision 3a, is amended to read:
Subd. 3a. [GENDER
SEX REASSIGNMENT SURGERY.] Gender Sex reassignment surgery
and other gender reassignment medical procedures including drug therapy for
gender reassignment are is not covered unless the individual
began receiving gender reassignment services prior to July 1, 1998.
Sec. 24. Minnesota
Statutes 2004, section 256B.0625, is amended by adding a subdivision to read:
Subd. 3c.
[CIRCUMCISION FOR NEWBORNS.] Newborn circumcision is not covered,
unless the procedure is medically necessary or required because of a
well-established religious practice.
[EFFECTIVE DATE.] This
section is effective July 1, 2005, and applies to services provided on or after
that date.
Sec. 25. Minnesota
Statutes 2004, section 256B.0625, is amended by adding a subdivision to read:
Subd. 3d.
[HEALTH SERVICES POLICY COMMITTEE.] The commissioner, after receiving
recommendations from professional physician associations, professional
associations representing licensed nonphysician health care professionals, and
consumer groups, shall establish an 11-member Health Services Policy Committee
which will consist of ten voting members and one nonvoting member. The Health Services Policy Committee will
advise the commissioner regarding health services issues pertaining to the
administration of health care benefits covered under the medical assistance,
general assistance medical care, and MinnesotaCare programs. The Health Services Policy Committee shall
meet at least quarterly. The Health
Services Policy Committee shall annually elect a physician chair from among its
members, who will work directly with the commissioner's medical director, to
establish the agenda for each meeting.
Sec. 26. Minnesota
Statutes 2004, section 256B.0625, is amended by adding a subdivision to read:
Subd. 3e.
[HEALTH SERVICES POLICY COMMITTEE MEMBERS.] The Health Services
Policy Committee shall be comprised of:
(1) six voting members who are licensed physicians actively
engaged in the practice of medicine in Minnesota, one of whom must be actively
engaged in the treatment of persons with mental illness and three of whom must
represent health plans currently under contract to serve medical assistance
recipients;
(2) three voting members who are nonphysician health care
professionals licensed in their profession and actively engaged in the practice
of their profession in Minnesota;
(3) the commissioner's medical director who will serve as a
nonvoting member; and
(4) one consumer who shall serve as a voting member.
Members of the Health Services Policy Committee shall not be
employed by the Department of Human Services, except for the medical director.
Sec. 27. Minnesota
Statutes 2004, section 256B.0625, is amended by adding a subdivision to read:
Subd. 3f.
[HEALTH SERVICES POLICY COMMITTEE TERMS AND COMPENSATION.] Committee
members shall serve staggered three-year terms, with one-third of the voting
members' terms expiring annually.
Members may be reappointed by the commissioner. The commissioner may require more frequent
Health Services Policy Committee meetings as needed. An honorarium of $200 per meeting and reimbursement for mileage
and parking shall be paid to each committee member in attendance except the
medical director. The Health Services
Policy Committee does not expire as provided in section 15.059, subdivision 6.
Sec. 28. Minnesota
Statutes 2004, 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 authorized by the commissioner.
(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 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. 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) Effective January 1, 2006, medical assistance shall not
cover drugs that are coverable under Medicare Part D as defined in the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173,
section 1860D-2(e), for individuals eligible for drug coverage as defined in
the Medicare Prescription Drug, Improvement, and Modernization Act of 2003,
Public Law 108-173, section 1860D-1(a)(3)(A).
For such individuals, medical assistance may cover drugs from the drug
classes listed in United States Code, title 42, section 1396r-8(d)(2), subject
to the provisions of this subdivision and subdivisions 13a to 13g, except that
drugs listed in United States Code, title 42, section 1396r-8(d)(2)(E), shall
not be covered.
Sec. 29. Minnesota
Statutes 2004, section 256B.0625, subdivision 13a, is amended to read:
Subd. 13a. [DRUG
UTILIZATION REVIEW BOARD.] The commissioner, after receiving recommendations
from professional medical associations, professional pharmacy associations, and
consumer groups shall designate a nine-member Drug Utilization Review Board
is established. The board is
shall be comprised of 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. The board
shall be staffed by an employee of the department who shall serve as an ex
officio nonvoting member of the board. The
department's medical director shall also serve as an ex officio, nonvoting
member of the board. The members of
the board shall be appointed by the commissioner and shall serve three-year
terms. The members shall be selected
from lists submitted by professional associations. The commissioner shall appoint the initial
members of the board for terms expiring as follows: three members for terms
expiring June 30, 1996; three members for terms expiring June 30, 1997; and
three members for terms expiring June 30, 1998. Members may be reappointed once by the commissioner. The board shall annually elect a chair from
among the members.
The commissioner shall, with the advice of the board:
(1) implement a medical assistance retrospective and
prospective drug utilization review program as required by United States Code,
title 42, section 1396r-8(g)(3);
(2) develop and implement the predetermined criteria and
practice parameters for appropriate prescribing to be used in retrospective and
prospective drug utilization review;
(3) develop, select, implement, and assess interventions for
physicians, pharmacists, and patients that are educational and not punitive in
nature;
(4) establish a grievance and appeals process for physicians
and pharmacists under this section;
(5) publish and disseminate educational information to
physicians and pharmacists regarding the board and the review program;
(6) adopt and implement procedures designed to ensure the
confidentiality of any information collected, stored, retrieved, assessed, or
analyzed by the board, staff to the board, or contractors to the review program
that identifies individual physicians, pharmacists, or recipients;
(7) establish and implement an ongoing process to (i) receive
public comment regarding drug utilization review criteria and standards, and
(ii) consider the comments along with other scientific and clinical information
in order to revise criteria and standards on a timely basis; and
(8) adopt any rules necessary to carry out this section.
The board may establish advisory committees. The commissioner may contract with
appropriate organizations to assist the board in carrying out the board's
duties. The commissioner may enter into
contracts for services to develop and implement a retrospective and prospective
review program.
The board shall report to the commissioner annually on the date
the Drug Utilization Review Annual Report is due to the Centers for Medicare
and Medicaid Services. This report is
to cover the preceding federal fiscal year.
The commissioner shall make the report available to the public upon
request. The report must include
information on the activities of the board and the program; the effectiveness
of implemented interventions; administrative costs; and any fiscal impact
resulting from the program. An
honorarium of $100 per meeting and reimbursement for mileage shall be paid to
each board member in attendance.
Sec. 30.
Minnesota Statutes 2004, section 256B.0625, subdivision 13c, is amended
to read:
Subd. 13c. [FORMULARY
COMMITTEE.] The commissioner, after receiving recommendations from professional
medical associations and professional pharmacy associations, and consumer
groups shall designate a Formulary Committee to carry out duties as described
in subdivisions 13 to 13g. The
Formulary Committee shall be comprised of four licensed physicians actively
engaged in the practice of medicine in Minnesota one of whom must be actively
engaged in the treatment of persons with mental illness; 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. Members of the
Formulary Committee shall not be employed by the Department of Human Services,
but the committee shall be staffed by an employee of the department who shall
serve as an ex officio, nonvoting member of the board. The department's medical director shall also
serve as an ex officio, nonvoting member for the committee. Committee members shall serve three-year
terms and may be reappointed by the commissioner. The Formulary Committee shall meet at least quarterly. The commissioner may require more frequent
Formulary Committee meetings as needed.
An honorarium of $100 per meeting and reimbursement for mileage shall be
paid to each committee member in attendance.
Sec. 31. Minnesota
Statutes 2004, section 256B.0625, subdivision 13e, is amended to read:
Subd. 13e. [PAYMENT
RATES.] (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 11.5 12
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 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.
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, or on
the maximum allowable cost established by the commissioner.
(d) 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) or the amount established
for Medicare by the United States Department of Health and Human Services
pursuant to the Social Security Act, title XVIII, section 1847a.
(e) The commissioner may negotiate lower reimbursement rates
for specialty pharmacy products than the rates specified in paragraph (a). The commissioner may require individuals
enrolled in the health care programs administered by the department to obtain
specialty pharmacy products from providers with whom the commissioner has
negotiated lower reimbursement rates.
Specialty pharmacy products are defined as those used by a small number
of recipients or recipients with complex and chronic diseases that require
expensive and challenging drug regimens.
Examples of such conditions include, but are not limited to: multiple sclerosis, HIV/AIDS,
transplantation, hepatitis C, growth hormone deficiency, Crohn's Disease,
rheumatoid arthritis, and certain forms of cancer. Specialty pharmaceutical products commonly include injectable and
infusion therapies, biotechnology drugs, high-cost therapies, and therapies
that require complex care. The
commissioner shall consult with the formulary committee to develop a list of
specialty pharmacy products subject to this paragraph.
(f) The commissioner may require individuals enrolled in the
health care programs administered by the department to obtain drugs used to
treat hemophilia from a comprehensive hemophilia diagnostic treatment center as
defined in United States Code, title 42, section 256b(a)(4)(G); provided that
the hemophilia treatment center is enrolled as a covered entity in the drug
pricing program, commonly known as the 340B program, that is established under
that section.
Sec. 32. Minnesota
Statutes 2004, section 256B.0625, subdivision 13f, is amended to read:
Subd. 13f. [PRIOR
AUTHORIZATION.] (a) The Formulary Committee shall review and recommend drugs
which require prior authorization. The
Formulary 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.
(b) Prior authorization may be required by the commissioner
before certain formulary drugs are eligible for payment. The Formulary Committee may recommend drugs
for prior authorization directly to the commissioner. The commissioner may also request that the Formulary Committee
review a drug for prior authorization.
Before the commissioner may require prior authorization for a drug:
(1) the commissioner must provide information to the Formulary
Committee on the impact that placing the drug on prior authorization may have
on the quality of patient care and on program costs, information regarding
whether the drug is subject to clinical abuse or misuse, and relevant data from
the state Medicaid program if such data is available;
(2) the Formulary Committee must review the drug, taking into
account medical and clinical data and the information provided by the
commissioner; and
(3) the Formulary Committee must hold a public forum and
receive public comment for an additional 15 days.
The commissioner must
provide a 15-day notice period before implementing the prior authorization.
(c) Prior authorization shall not be required or utilized for
any atypical antipsychotic drug prescribed for the treatment of mental illness
if:
(1) there is no generically equivalent
drug available; and
(2) the drug was initially prescribed for the recipient prior
to July 1, 2003; or
(3) the drug is part of the recipient's current course of
treatment.
This paragraph applies to
any multistate preferred drug list or supplemental drug rebate program
established or administered by the commissioner. Prior authorization shall automatically be granted for 60 days
for brand name drugs prescribed for treatment of mental illness within 60 days
of when a generically equivalent drug becomes available.
(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 if the
prior authorization is used in conjunction with any supplemental drug rebate
program or multistate preferred drug list established or administered by the
commissioner. This paragraph expires
July 1, 2005.
(e) The commissioner may require prior authorization for brand
name drugs whenever a generically equivalent product is available, even if the
prescriber specifically indicates "dispense as written-brand
necessary" on the prescription as required by section 151.21, subdivision
2.
(f) Notwithstanding the provisions of this subdivision, the
commissioner may automatically require prior authorization, for a period not to
exceed 180 days, for any drug that is approved by the United States Food and
Drug Administration on or after July 1, 2005.
The 180-day period shall begin no later than the first day that a drug
is available for shipment to pharmacies within the state. The Formulary Committee shall recommend to
the commissioner general criteria to be used for the prior authorization of
such drugs, but the committee is not required to review each individual
drug. In order to continue prior
authorizations for a drug after the 180-day period has expired, the
commissioner must follow the provisions of this subdivision.
[EFFECTIVE DATE.] The
amendment to paragraph (d) is effective June 30, 2005.
Sec. 33. Minnesota
Statutes 2004, section 256B.0625, is amended by adding a subdivision to read:
Subd. 13h.
[MEDICATION THERAPY MANAGEMENT CARE.] (a) Medical assistance and
general assistance medical care cover medication therapy management services
for a recipient taking four or more prescriptions to treat or prevent two or
more chronic medical conditions, or a recipient with a drug therapy problem
that is identified or prior authorized by the commissioner that has resulted or
is likely to result in significant nondrug program costs. The commissioner may cover medical therapy
management services under MinnesotaCare if the commissioner determines this is
cost-effective. For purposes of this
subdivision, "medication therapy management" means the provision of
the following pharmaceutical care services by a licensed pharmacist to optimize
the therapeutic outcomes of the patient's medications:
(1) performing or obtaining necessary assessments of the
patient's health status;
(2) formulating a medication treatment plan;
(3) monitoring and evaluating the patient's response to
therapy, including safety and effectiveness;
(4) performing a comprehensive medication review to identify,
resolve, and prevent medication-related problems, including adverse drug
events;
(5) documenting the care delivered and
communicating essential information to the patient's other primary care
providers;
(6) providing verbal education and training designed to
enhance patient understanding and appropriate use of the patient's medications;
(7) providing information, support services, and resources
designed to enhance patient adherence with the patient's therapeutic regimens;
and
(8) coordinating and integrating medication therapy
management services within the broader health care management services being
provided to the patient.
Nothing in this subdivision
shall be construed to expand or modify the scope of practice of the pharmacist
as defined in section 151.01, subdivision 27.
(b) To be eligible for reimbursement for services under this
subdivision, a pharmacist must meet the following requirements:
(1) have a valid license issued under chapter 151;
(2) have graduated from an accredited college of pharmacy on
or after May 1996, or completed a structured and comprehensive education
program approved by the Board of Pharmacy and the American Council of
Pharmaceutical Education for the provision and documentation of pharmaceutical
care management services that has both clinical and didactic elements;
(3) be practicing in an ambulatory care setting as part of a
multidisciplinary team or have developed a structured patient care process that
is offered in a private or semiprivate patient care area that is separate from
the commercial business that also occurs in the setting; and
(4) make use of an electronic patient record system that
meets state standards.
(c) For purposes of reimbursement for medication therapy
management services, the commissioner may enroll individual pharmacists as
medical assistance and general assistance medical care providers. The commissioner may also establish contact
requirements between the pharmacist and recipient, including limiting the
number of reimbursable consultations per recipient.
(d) The commissioner, after receiving recommendations from
professional medical associations, professional pharmacy associations, and
consumer groups, shall convene an 11-member Medication Therapy Management
Advisory Committee to advise the commissioner on the implementation and
administration of medication therapy management services. The committee shall be comprised of: two licensed physicians; two licensed
pharmacists; two consumer representatives; two health plan company
representatives; and three members with expertise in the area of medication
therapy management, who may be licensed physicians or licensed
pharmacists. The committee is governed
by section 15.059, except that committee members do not receive compensation or
reimbursement for expenses. The
advisory committee expires on June 30, 2007.
(e) The commissioner shall evaluate the effect of medication
therapy management on quality of care, patient outcomes, and program costs, and
shall include a description of any savings generated in the medical assistance
and general assistance medical care programs that can be attributable to this
coverage. The evaluation shall be
submitted to the legislature by December 15, 2007. The commissioner may contract with a vendor or an academic
institution that has expertise in evaluating health care outcomes for the
purpose of completing the evaluation.
Sec. 34. Minnesota
Statutes 2004, 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 eligible persons in obtaining emergency or nonemergency
medical care when paid directly to an ambulance company, common carrier, or
other recognized providers of transportation services.
(b) Medical assistance covers special transportation, as
defined in Minnesota Rules, part 9505.0315, subpart 1, item F, if 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.
The commissioner may use an
order by the recipient's attending physician to certify that the recipient
requires special transportation services.
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. Special
transportation providers must obtain written documentation from the health care
service provider who is serving the recipient being transported, identifying
the time that the recipient arrived.
Special transportation providers may not bill for separate base rates
for the continuation of a trip beyond the original destination. Special transportation providers must take
recipients to the nearest appropriate health care provider, using the most
direct route available. The maximum
medical assistance reimbursement rates for special transportation services are:
(1) $18 for the base rate and $1.40 per mile for services to
eligible persons who need a wheelchair-accessible van;
(2) $12 for the base rate and $1.35 per mile for services to
eligible persons who do not need a wheelchair-accessible van; and
(3) $36 $60 for the base rate and $1.40 $2.40
per mile, and an attendant rate of $9 per trip, for services to eligible
persons who need a stretcher-accessible vehicle.
Sec. 35. [256B.0632]
[MEDICALLY NECESSARY ITEMS AND SERVICES.]
Subdivision 1.
[GENERAL REQUIREMENT FOR COVERAGE.] Enrollees under the medical
assistance program are eligible to receive, and medical assistance shall
provide payment for, only those medical items and services that are:
(1) within the scope of defined benefits for which the
enrollee is eligible under the medical assistance program; and
(2) determined by the medical assistance program to be
medically necessary.
Subd. 2.
[MEDICAL NECESSITY.] (a) To be determined to be medically necessary,
a medical item or service must be recommended by a physician who is treating
the enrollee or other licensed health care provider practicing within the scope
of the physician's license who is treating the enrollee and must satisfy each
of the criteria in this section.
(b) It must be required in order to diagnose or treat an
enrollee's medical condition. The
convenience of an enrollee, the enrollee's family, or a provider, shall not be
a factor or justification in determining that a medical item or service is
medically necessary.
(c) It must be safe and effective. To qualify as safe and effective, the type and level of medical
item or service must be consistent with the symptoms or diagnosis and treatment
of the particular medical condition, and the reasonably anticipated medical
benefits of the item or service must outweigh the reasonably anticipated
medical risks based on the enrollee's condition and scientifically supported
evidence.
(d) It must be the least costly alternative course of
diagnosis or treatment that is adequate for the medical condition of the
enrollee. When applied to medical items
or services delivered in an inpatient setting, it further means that the
medical item or service cannot be safely provided for the same or lesser cost
to the person in an outpatient setting.
Where there are less costly alternative courses of diagnosis or
treatment, including less costly alternative settings, that are adequate for
the medical condition of the enrollee, more costly alternative courses of
diagnosis or treatment are not medically necessary. An alternative course of diagnosis or treatment may include
observation, lifestyle or behavioral changes, or where appropriate, no
treatment at all.
Subd. 3.
[DETERMINATION OF COMMISSIONER.] It is the responsibility of the
commissioner ultimately to determine what medical items and services are
medically necessary for the medical assistance program. The fact that a provider has prescribed,
recommended, or approved a medical item or service does not, in itself, make
such item or service medically necessary.
Subd. 4.
[APPLICABILITY.] The medical necessity standard in this section shall
govern the delivery of all services and items to all enrollees or classes of
beneficiaries in the medical assistance program. The commissioner is authorized to make limited special provisions
for particular items or services, such as long-term care, or such as may be
required for compliance with federal law.
Subd. 5.
[MEDICAL PROTOCOLS.] Medical protocols developed using evidence-based
medicine that are authorized by the commissioner shall satisfy the standard of
medical necessity. Such protocols shall
be appropriately published to all medical assistance providers and managed care
organizations.
Subd. 6.
[RULEMAKING.] The commissioner is authorized to adopt any rules
necessary to implement this section.
Sec. 36. [256B.0633]
[LIMITING COVERAGE OF HEALTH CARE SERVICES FOR PUBLIC PROGRAMS.]
Subdivision 1.
[PRIOR AUTHORIZATION OF SERVICES.] (a) Effective July 1, 2005, prior
authorization is required for the services described in subdivision 2 for
reimbursement under chapters 256B, 256D, and 256L. Effective July 1, 2005, prepaid health plans shall use prior
authorization for the services described in subdivision 2 unless the prepaid
health plan is otherwise using evidence-based practices to address these
services.
(b) Prior authorization shall be conducted by the medical
director of the Department of Human Services in conjunction with a medical
policy advisory council. To the extent
available, the medical director shall use publicly available evidence-based
guidelines developed by an independent, nonprofit organization or by the
professional association of the specialty that typically provides the service
or by a multistate Medicaid evidence-based practice center. If the commissioner does not have a medical
director and medical policy in place, the commissioner shall contract prior
authorization to a Minnesota-licensed utilization review organization.
Subd. 2.
[SERVICES REQUIRING PRIOR AUTHORIZATION.] The following services
require prior authorization:
(1) elective outpatient high technology imaging to include
positive emission tomography (PET) scans, magnetic resonance imaging (MRI),
computed tomography (CT), and nuclear cardiology;
(2) spinal fusion, unless in an emergency situation related
to trauma;
(3) bariatric surgery;
(4) orthodontia;
(5) cesarean section or insertion of tympanostomy tubes
except in an emergency situation; and
(6) hysterectomy.
Sec. 37. Minnesota
Statutes 2004, section 256B.0644, is amended to read:
256B.0644 [PARTICIPATION REQUIRED FOR REIMBURSEMENT UNDER OTHER
STATE HEALTH CARE PROGRAMS.]
A vendor of medical care, as defined in section 256B.02,
subdivision 7, and a health maintenance organization, as defined in chapter
62D, must participate as a provider or contractor in the medical assistance
program, general assistance medical care program, and MinnesotaCare as a
condition of participating as a provider in health insurance plans and programs
or contractor for state employees established under section 43A.18, the public
employees insurance program under section 43A.316, for health insurance plans
offered to local statutory or home rule charter city, county, and school
district employees, the workers' compensation system under section 176.135, and
insurance plans provided through the Minnesota Comprehensive Health Association
under sections 62E.01 to 62E.19. This
section does not apply to any person providing dental services. The limitations on insurance plans offered
to local government employees shall not be applicable in geographic areas where
provider participation is limited by managed care contracts with the Department
of Human Services. For providers other
than health maintenance organizations, participation in the medical assistance
program means that (1) the provider accepts new medical assistance,
general assistance medical care, and MinnesotaCare patients or (2) for
providers other than dental service providers, and at least 20
percent of the provider's patients are covered by medical assistance, general
assistance medical care, and MinnesotaCare as their primary source of coverage,
or (3) for dental service providers, at least ten percent of the provider's
patients are covered by medical assistance, general assistance medical care,
and MinnesotaCare as their primary source of coverage. Patients seen on a volunteer basis by the
provider at a location other than the provider's usual place of practice may be
considered in meeting this participation requirement. The commissioner shall establish participation requirements for
health maintenance organizations. The
commissioner shall provide lists of participating medical assistance providers
on a quarterly basis to the commissioner of employee relations, the
commissioner of labor and industry, and the commissioner of commerce. Each of the commissioners shall develop and
implement procedures to exclude as participating providers in the program or
programs under their jurisdiction those providers who do not participate in the
medical assistance program. The
commissioner of employee relations shall implement this section through
contracts with participating health and dental carriers.
Sec. 38. Minnesota
Statutes 2004, section 256B.075, subdivision 2, is amended to read:
Subd. 2. [FEE-FOR-SERVICE.]
(a) The commissioner shall develop and implement a disease management program
for medical assistance and general assistance medical care recipients who are
not enrolled in the prepaid medical assistance or prepaid general assistance
medical care programs and who are receiving services on a fee-for-service
basis. The commissioner may contract
with an outside organization to provide these services.
(b) The commissioner shall seek any federal approval necessary
to implement this section and to obtain federal matching funds.
(c) The commissioner shall develop and implement a pilot
intensive care management program for medical assistance children with complex
and chronic medical issues who are not able to participate in the metro-based
U Special Kids program due to geographic distance.
Sec. 39. Minnesota
Statutes 2004, 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. Homestead means the
real property occupied by the surviving joint tenant spouse as their sole
residence on the date the recipient dies and classified and taxed to the
recipient and surviving joint tenant spouse as homestead property for property
tax purposes in the calendar year in which the recipient dies. For purposes of this exemption, real
property the recipient and their surviving joint tenant spouse purchase solely
with the proceeds from the sale of their prior homestead, own of record as
joint tenants, and qualify as homestead property under section 273.124 in the
calendar year in which the recipient dies and prior to the recipient's death
shall be deemed to be real property classified and taxed to the recipient and
their surviving joint tenant spouse as homestead property in the calendar year
in which the recipient dies. The
surviving spouse, or any person with personal knowledge of the facts, may
provide an affidavit describing the homestead property affected by this clause
and stating facts showing compliance with this clause. The affidavit shall be prima facie evidence
of the facts it states.
(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 and alternative
care for nonmedical assistance recipients under section 256B.0913.
(c) All provisions in this subdivision, and subdivisions 1d,
1f, 1g, 1h, 1i, and 1j, related to the continuation of a recipient's life
estate or joint tenancy interests in real property after the recipient's death
for the purpose of recovering medical assistance, are effective only for life
estates and joint tenancy interests established on or after August 1, 2003.
[EFFECTIVE DATE.] This
section is effective retroactively from August 1, 2003.
Sec. 40. Minnesota
Statutes 2004, 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 five percent from the current statutory
rates. Facilities defined under section
256.969, subdivision 16, are excluded from this paragraph.
(d) In addition to the reduction in paragraphs (b) and (c)
and section 256D.03, subdivision 4, paragraph (k), the total payment for
fee-for-service services provided on or after July 1, 2005, made to hospitals
for outpatient hospital facility services before third-party liability and
spenddown, is reduced five percent from the current statutory rates. Facilities defined under section 256.969,
subdivision 16, are excluded from this paragraph.
Sec. 41. Minnesota
Statutes 2004, 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;
(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 a
non-Medicare 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 (1), (6),
and (7) may choose to enroll on an elective basis. The commissioner may enroll recipients in the prepaid medical
assistance program for seniors who are (1) age 65 and over, and (2) eligible
for medical assistance by spending down excess income.
(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.
(f) An infant born to a woman who is eligible for and receiving
medical assistance and who is enrolled in the prepaid medical assistance
program shall be retroactively enrolled to the month of birth in the same
managed care plan as the mother once the child is enrolled in medical
assistance unless the child is determined to be excluded from enrollment in a
prepaid plan under this section.
Sec. 42. Minnesota
Statutes 2004, section 256B.69, is amended by adding a subdivision to read:
Subd. 5i.
[PAYMENT REDUCTION.] In addition to the reduction in subdivisions 5g
and 5h and section 256D.03, subdivision 4, paragraph (m), the total payment
made to managed care plans is reduced 2.01 percent under the medical assistance
program and 2.20 percent under the general assistance medical care program for
services provided on or after January 1, 2006.
This provision excludes payments for nursing home services, home and
community-based waivers, and payments to demonstration projects for persons
with disabilities.
Sec. 43.
Minnesota Statutes 2004, 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 five percent from the current statutory
rates. Facilities defined under section
256.969, subdivision 16, are excluded from this paragraph.
(f) In addition to the reduction in paragraphs (d) and (e)
and section 256D.03, subdivision 4, paragraph (k), the total payment for
fee-for-service services provided on or after July 1, 2005, made to hospitals
for outpatient hospital facility services before third-party liability and
spenddown, is reduced five percent from the current statutory rates. Facilities defined under section 256.969,
subdivision 16, are excluded from this paragraph.
Sec. 44. Minnesota
Statutes 2004, 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), or 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
(i) who has gross countable income not in excess of 75
percent of the federal poverty guidelines for the family size, using a
six-month budget period 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 section 256B.056, subdivision 3,
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; or and
(ii) who has gross countable income above 75 percent not
in excess of 75 percent of the federal poverty guidelines but not
in excess of 175 percent of the federal poverty guidelines for the family
size, using a six-month budget period, or whose equity in assets is
not in excess of the limits in section 256B.056, subdivision 3c, and who
applies during an inpatient hospitalization excess income is spent down
to 50 percent of the federal poverty guidelines using a six-month budget period.
(b) General assistance medical care may not be paid for
applicants or recipients who meet all eligibility requirements of MinnesotaCare
as defined in sections 256L.01 to 256L.16, and are adults with dependent
children under 21 whose gross family income is equal to or less than 275
175 percent of the federal poverty guidelines.
(c) For applications received on or after October 1, 2003,
Eligibility may begin no earlier than the date of application. For individuals eligible under paragraph
(a), clause (2), item (i), a redetermination of eligibility must occur
every 12 months. Individuals are
eligible under paragraph (a), clause (2), item (ii), only during inpatient
hospitalization but may reapply if there is a subsequent period of inpatient
hospitalization. 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 a
name, address, Social Security number, and signature when health care is
delivered due to a medical condition or disability, a health care provider may
act on an applicant's behalf to establish the date of an initial Minnesota
health care program application by providing the county agency or Department of
Human Services with provider identification and a temporary unique identifier
for the applicant. 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.
(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.
(h) In determining the amount of assets of an individual
eligible under paragraph (a), clause (2), item (i), 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 104-193, sections 421 and 422, and subsequently set out in federal
rules.
(j) Undocumented noncitizens and nonimmigrants are ineligible
for general assistance medical care.
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.
(k) 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.
(l) Effective July 1, 2003, general assistance medical care
emergency services end.
[EFFECTIVE DATE.] This
section is effective October 1, 2005.
Sec. 45. Minnesota
Statutes 2004, section 256D.03, subdivision 4, is amended to read:
Subd. 4. [GENERAL
ASSISTANCE MEDICAL CARE; SERVICES.] (a)(i) For a person who is eligible
under subdivision 3, paragraph (a), clause (2), item (i), general
assistance medical care covers, except as provided in paragraph (c):
(1) inpatient hospital services;
(2) outpatient hospital services;
(3) services provided by Medicare certified rehabilitation
agencies;
(4) prescription drugs and other products recommended through
the process established in section 256B.0625, subdivision 13;
(5) equipment necessary to administer insulin and diagnostic
supplies and equipment for diabetics to monitor blood sugar level;
(6) eyeglasses and eye examinations provided by a physician or
optometrist;
(7) hearing aids;
(8) prosthetic devices;
(9) laboratory and X-ray services;
(10) physician's services;
(11) medical transportation except special transportation;
(12) chiropractic services as covered under the medical
assistance program;
(13) podiatric services;
(14) dental services and dentures, subject to the limitations
specified in section 256B.0625, subdivision 9;
(15) outpatient services provided by a mental health center or
clinic that is under contract with the county board and is established under
section 245.62;
(16) day treatment services for mental illness provided under
contract with the county board;
(17) prescribed medications for persons who have been diagnosed
as mentally ill as necessary to prevent more restrictive institutionalization;
(18) psychological services, medical supplies and equipment,
and Medicare premiums, coinsurance and deductible payments;
(19) medical equipment not specifically listed in this
paragraph when the use of the equipment will prevent the need for costlier
services that are reimbursable under this subdivision;
(20) services performed by a certified pediatric nurse
practitioner, a certified family nurse practitioner, a certified adult nurse
practitioner, a certified obstetric/gynecological nurse practitioner, a
certified neonatal nurse practitioner, or a certified geriatric nurse
practitioner in independent practice, if (1) the service is otherwise covered
under this chapter as a physician service, (2) the service provided on an
inpatient basis is not included as part of the cost for inpatient services
included in the operating payment rate, and (3) the service is within the scope
of practice of the nurse practitioner's license as a registered nurse, as
defined in section 148.171;
(21) services of a certified public health nurse or a
registered nurse practicing in a public health nursing clinic that is a
department of, or that operates under the direct authority of, a unit of
government, if the service is within the scope of practice of the public health
nurse's license as a registered nurse, as defined in section 148.171; and
(22) telemedicine consultations, to the extent they are covered
under section 256B.0625, subdivision 3b.
(ii) Effective October 1, 2003, for a person who is eligible
under subdivision 3, paragraph (a), clause (2), item (ii), general assistance
medical care coverage is limited to inpatient hospital services, including
physician services provided during the inpatient hospital stay. A $1,000 deductible is required for each
inpatient hospitalization.
(b) Gender Sex reassignment surgery and related
services are is not covered services under this subdivision unless
the individual began receiving gender reassignment services prior to July 1,
1995.
(c) In order to contain costs, the commissioner of human
services shall select vendors of medical care who can provide the most
economical care consistent with high medical standards and shall where possible
contract with organizations on a prepaid capitation basis to provide these
services. The commissioner shall
consider proposals by counties and vendors for prepaid health plans,
competitive bidding programs, block grants, or other vendor payment mechanisms
designed to provide services in an economical manner or to control utilization,
with safeguards to ensure that necessary services are provided. Before implementing prepaid programs in
counties with a county operated or affiliated public teaching hospital or a
hospital or clinic operated by the University of Minnesota, the commissioner
shall consider the risks the prepaid program creates for the hospital and allow
the county or hospital the opportunity to participate in the program in a
manner that reflects the risk of adverse selection and the nature of the
patients served by the hospital, provided the terms of participation in the
program are competitive with the terms of other participants considering the
nature of the population served.
Payment for services provided pursuant to this subdivision shall be as
provided to medical assistance vendors of these services under sections
256B.02, subdivision 8, and 256B.0625.
For payments made during fiscal year 1990 and later years, the
commissioner shall consult with an independent actuary in establishing
prepayment rates, but shall retain final control over the rate methodology.
(d) Recipients eligible under subdivision 3, paragraph (a), clause
(2), item (i), shall pay the following co-payments for services provided on
or after October 1, 2003:
(1) $3 per nonpreventive visit. For purposes of this subdivision, a visit means an episode of
service which is required because of a recipient's symptoms, diagnosis, or
established illness, and which is delivered in an ambulatory setting by a
physician or physician ancillary, chiropractor, podiatrist, nurse midwife,
advanced practice nurse, audiologist, optician, or optometrist;
(2) $25 for eyeglasses;
(3) $25 for nonemergency visits to a hospital-based emergency
room;
(4) $3 per brand-name drug prescription and $1 per generic drug
prescription, subject to a $20 per month maximum for prescription drug co-payments. No co-payments shall apply to antipsychotic
drugs when used for the treatment of mental illness; and
(5) 50 percent coinsurance on restorative dental services.
(e) Co-payments shall be limited to one per day per provider
for nonpreventive visits, eyeglasses, and nonemergency visits to a
hospital-based emergency room.
Recipients of general assistance medical care are responsible for all
co-payments in this subdivision. The
general assistance medical care reimbursement to the provider shall be reduced
by the amount of the co-payment, except that reimbursement for prescription
drugs shall not be reduced once a recipient has reached the $20 per month
maximum for prescription drug co-payments.
The provider collects the co-payment from the recipient. Providers may not deny services to
recipients who are unable to pay the co-payment, except as provided in
paragraph (f).
(f) If it is the routine business practice of a provider to
refuse service to an individual with uncollected debt, the provider may include
uncollected co-payments under this section.
A provider must give advance notice to a recipient with uncollected debt
before services can be denied.
(g) Any county may, from its own resources, provide medical
payments for which state payments are not made.
(h) Chemical dependency services that are reimbursed under
chapter 254B must not be reimbursed under general assistance medical care.
(i) The maximum payment for new vendors enrolled in the general
assistance medical care program after the base year shall be determined from
the average usual and customary charge of the same vendor type enrolled in the
base year.
(j) The conditions of payment for services under this
subdivision are the same as the conditions specified in rules adopted under
chapter 256B governing the medical assistance program, unless otherwise
provided by statute or rule.
(k) Inpatient and outpatient payments shall be reduced by five
percent, effective July 1, 2003. This
reduction is in addition to the five percent reduction effective July 1, 2003,
and incorporated by reference in paragraph (i).
(l) Payments for all other health services except inpatient,
outpatient, and pharmacy services shall be reduced by five percent, effective
July 1, 2003.
(m) Payments to managed care plans shall
be reduced by five percent for services provided on or after October 1, 2003.
(n) A hospital receiving a reduced payment as a result of this
section may apply the unpaid balance toward satisfaction of the hospital's bad
debts.
[EFFECTIVE DATE.] This
section is effective July 1, 2005, except the amendment to paragraph (a), item
(ii), is effective October 1, 2005.
Sec. 46. Minnesota
Statutes 2004, section 256D.03, is amended by adding a subdivision to read:
Subd. 4a.
[GENERAL ASSISTANCE MEDICAL CARE; MEDICAL NECESSITY.] In order to be
covered under general assistance medical care, a medical item or service must
meet the medical necessity standards in section 256B.0632.
Sec. 47. Minnesota
Statutes 2004, section 256D.03, is amended by adding a subdivision to read:
Subd. 10.
[PAYMENTS AFTER OCTOBER 1, 2005.] General assistance medical care
payments made on or after October 1, 2005, shall be made from the health care
access fund.
Sec. 48. Minnesota
Statutes 2004, section 256D.045, is amended to read:
256D.045 [SOCIAL SECURITY NUMBER REQUIRED.]
To be eligible for general assistance under sections 256D.01 to
256D.21, an individual must provide the individual's Social Security number to
the county agency or submit proof that an application has been made. An individual who refuses to provide a
Social Security number because of a well-established religious objection as
described in Code of Federal Regulations, title 42, section 435.910, may be
eligible for general assistance medical care under section 256D.03. The provisions of this section do not apply
to the determination of eligibility for emergency general assistance under
section 256D.06, subdivision 2. This
provision applies to eligible children under the age of 18 effective July 1,
1997.
[EFFECTIVE DATE.] This
section is effective March 1, 2006, or upon HealthMatch implementation,
whichever is later.
Sec. 49. Minnesota
Statutes 2004, section 256L.01, subdivision 1a, is amended to read:
Subd. 1a. [CHILD.] (a)
"Child" means an individual under 21 years of age who is not
enrolled in a program of study at a postsecondary education institution,
including the unborn child of a pregnant woman, an emancipated minor, and an
emancipated minor's spouse.
(b) For an individual enrolled in a program of study at a
postsecondary education institution, child means an individual under 19 years
of age, including an emancipated minor, and an emancipated minor's spouse,
except that an individual with access to health coverage through the
postsecondary education institution or the individual's parent does not qualify
as a child under this paragraph.
[EFFECTIVE DATE.] This
section is effective July 1, 2005, or upon federal approval, whichever is
later. Prior to the implementation of
HealthMatch, the commissioner shall implement this section to the fullest
extent possible, including the use of manual processing. Upon implementation of HealthMatch, the
commissioner shall implement this section in a manner consistent with the
procedures and requirements of HealthMatch.
Sec. 50. Minnesota
Statutes 2004, section 256L.01, subdivision 4, is amended to read:
Subd. 4. [GROSS
INDIVIDUAL OR GROSS FAMILY INCOME.] (a) "Gross individual or gross family
income" for nonfarm self-employed means income calculated for the
six-month period of eligibility using as the baseline the adjusted gross
income reported on the applicant's federal income tax form for the previous
year and adding back in reported depreciation, carryover loss, and net
operating loss amounts that apply to the business in which the family is
currently engaged using medical assistance methodology for determining
allowable and nonallowable expenses and countable income.
(b) "Gross individual or gross family income" for
farm self-employed means income calculated for the six-month period of
eligibility using as the baseline the adjusted gross income reported on the
applicant's federal income tax form for the previous year and adding back in
reported depreciation amounts that apply to the business in which the family is
currently engaged.
(c) Applicants shall report the most recent financial
situation of the family if it has changed from the period of time covered by
the federal income tax form. The report
may be in the form of percentage increase or decrease "Gross
individual or gross family income" means the total income for all family
members, calculated for the six-month period of eligibility.
[EFFECTIVE DATE.] This
section is effective March 1, 2006, or upon HealthMatch implementation,
whichever is later.
Sec. 51. Minnesota
Statutes 2004, section 256L.01, subdivision 5, is amended to read:
Subd. 5. [INCOME.] (a)
"Income" has the meaning given for earned and unearned income for
families and children in the medical assistance program, according to the
state's aid to families with dependent children plan in effect as of July 16,
1996. The definition does not include
medical assistance income methodologies and deeming requirements. The earned income of full-time and part-time
students under age 19 is not counted as income. Household and family income includes the earned and unearned
income of all persons residing in the household or family, including unrelated
persons. Public assistance payments
and supplemental security income are not excluded income.
(b) For purposes of this subdivision, and unless otherwise
specified in this section, the commissioner shall use reasonable methods to
calculate gross earned and unearned income including, but not limited to,
projecting income based on income received within the past 30 days, the last 90
days, or the last 12 months.
[EFFECTIVE DATE.] This
section is effective July 1, 2005, except that the amendment to paragraph (a)
is effective July 1, 2005, or upon federal approval, whichever is later. Prior to the implementation of HealthMatch,
the commissioner shall implement this section to the fullest extent possible,
including the use of manual processing.
Upon completion of HealthMatch conversion, the commissioner shall
implement this section in a manner consistent with the procedures and
requirements of HealthMatch.
Sec. 52. Minnesota
Statutes 2004, section 256L.03, subdivision 1, is amended to read:
Subdivision 1. [COVERED
HEALTH SERVICES.] For individuals under section 256L.04, subdivision 7, with
income no greater than 75 percent of the federal poverty guidelines or For
families with children under section 256L.04, subdivision 1, all subdivisions
of this section apply. "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 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. 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.
[EFFECTIVE DATE.] This
section is effective October 1, 2005.
Sec. 53. Minnesota
Statutes 2004, 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.
(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.
[EFFECTIVE DATE.] This
section is effective October 1, 2005.
Sec. 54.
Minnesota Statutes 2004, section 256L.03, subdivision 5, is amended to
read:
Subd. 5. [CO-PAYMENTS
AND COINSURANCE.] (a) Except as provided in paragraphs (b) and (c), the
MinnesotaCare benefit plan shall include the following co-payments and
coinsurance requirements for all enrollees:
(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;
(3) $25 for eyeglasses for adult enrollees; and
(4) $3 per nonpreventive visit. For purposes of this subdivision, a visit means an episode of
service which is required because of an enrollee's symptoms, diagnosis, or
established illness, and which is delivered in an ambulatory setting by a
physician or physician ancillary, chiropractor, podiatrist, advanced practice
nurse, audiologist, optician, or optometrist;
(5) $6 for nonemergency visits to a hospital-based emergency
room; and
(6) 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.
(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.
(c) Paragraph (a), clauses (1) to (4) (6), do not
apply to pregnant women and children under the age of 21.
(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) Paragraph (a), clauses (4) and (5), are limited to one
co-payment per day per provider.
[EFFECTIVE DATE.] This
section is effective January 1, 2006, except the amendment to paragraph (b) is
effective October 1, 2005.
Sec. 55. Minnesota
Statutes 2004, section 256L.03, is amended by adding a subdivision to read:
Subd. 7. [MEDICAL
NECESSITY.] In order to be covered under MinnesotaCare, a medical item or
service must meet the medical necessity standards in section 256B.0632.
Sec. 56.
Minnesota Statutes 2004, section 256L.04, subdivision 1, is amended to
read:
Subdivision 1. [FAMILIES WITH CHILDREN.] (a) Through September 30, 2005,
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.
Beginning October 1, 2005, children and pregnant women 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. Beginning October 1,
2005, parents, grandparents, foster parents, relative caretakers, and legal
guardians ages 21 and over are not eligible for MinnesotaCare if their gross
income exceeds 175 percent of the federal poverty guidelines for the applicable
family size. 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, if the children are eligible. Children 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 October 1, 2003, 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, or upon federal approval,
whichever is later, parents are not eligible for MinnesotaCare if their gross
income exceeds $50,000.
Sec. 57. Minnesota
Statutes 2004, section 256L.04, is amended by adding a subdivision to read:
Subd. 1a.
[SOCIAL SECURITY NUMBER REQUIRED.] (a) Individuals and families
applying for MinnesotaCare coverage must provide a Social Security number.
(b) The commissioner shall not deny eligibility to an
otherwise eligible applicant who has applied for a Social Security number and
is awaiting issuance of that Social Security number.
(c) Newborns enrolled under section 256L.05, subdivision 3,
are exempt from the requirements of this subdivision.
(d) Individuals who refuse to provide a Social Security
number because of well-established religious objections are exempt from the
requirements of this subdivision. The
term "well-established religious objections" has the meaning given in
Code of Federal Regulations, title 42, section 435.910.
[EFFECTIVE DATE.] This
section is effective March 1, 2006, or upon HealthMatch implementation,
whichever is later.
Sec. 58. Minnesota
Statutes 2004, section 256L.04, subdivision 2, is amended to read:
Subd. 2. [COOPERATION
IN ESTABLISHING THIRD-PARTY LIABILITY, PATERNITY, AND OTHER MEDICAL SUPPORT.]
(a) To be eligible for MinnesotaCare, individuals and families must cooperate
with the state agency to identify potentially liable third-party payers and
assist the state in obtaining third-party payments. "Cooperation" includes, but is not limited to, complying
with the notice requirements in section 256B.056, subdivision 9,
identifying any third party who may be liable for care and services provided
under MinnesotaCare to the enrollee, providing relevant information to assist
the state in pursuing a potentially liable third party, and completing forms
necessary to recover third-party payments.
(b) A parent, guardian, relative
caretaker, or child enrolled in the MinnesotaCare program must cooperate with
the Department of Human Services and the local agency in establishing the
paternity of an enrolled child and in obtaining medical care support and
payments for the child and any other person for whom the person can legally
assign rights, in accordance with applicable laws and rules governing the
medical assistance program. A child
shall not be ineligible for or disenrolled from the MinnesotaCare program
solely because the child's parent, relative caretaker, or guardian fails to
cooperate in establishing paternity or obtaining medical support.
Sec. 59. Minnesota
Statutes 2004, section 256L.04, is amended by adding a subdivision to read:
Subd. 2a.
[APPLICATIONS FOR OTHER BENEFITS.] To be eligible for MinnesotaCare,
individuals and families must take all necessary steps to obtain other benefits
as described in Code of Federal Regulations, title 42, section 435.608. Applicants and enrollees must apply for
other benefits within 30 days.
[EFFECTIVE DATE.] This
section is effective March 1, 2006, or upon HealthMatch implementation, whichever
is later.
Sec. 60. Minnesota
Statutes 2004, section 256L.04, subdivision 8, is amended to read:
Subd. 8. [APPLICANTS
POTENTIALLY ELIGIBLE FOR MEDICAL ASSISTANCE.] (a) Individuals who receive
supplemental security income or retirement, survivors, or disability benefits
due to a disability, or other disability-based pension, who qualify under
subdivision 7, but who are potentially eligible for medical assistance without
a spenddown shall be allowed to enroll in MinnesotaCare for a period of 60 days,
so long as the applicant meets all other conditions of eligibility. The commissioner shall identify and refer
the applications of such individuals to their county social service agency. The county and the commissioner shall
cooperate to ensure that the individuals obtain medical assistance coverage for
any months for which they are eligible.
(b) The enrollee must cooperate with the county social
service agency in determining medical assistance eligibility within the 60-day
enrollment period. Enrollees who do not
cooperate with medical assistance within the 60-day enrollment period shall be
disenrolled from the plan within one calendar month. Persons disenrolled for nonapplication for medical assistance may
not reenroll until they have obtained a medical assistance eligibility
determination. Persons disenrolled for
noncooperation with medical assistance may not reenroll until they have
cooperated with the county agency and have obtained a medical assistance eligibility
determination.
(c) Beginning January 1, 2000, counties that choose to
become MinnesotaCare enrollment sites shall consider MinnesotaCare applications
to also be applications for medical assistance. Applicants who are potentially eligible for medical assistance,
except for those described in paragraph (a), may choose to enroll in either
MinnesotaCare or medical assistance.
(d) The commissioner shall redetermine provider payments
made under MinnesotaCare to the appropriate medical assistance payments for
those enrollees who subsequently become eligible for medical assistance.
[EFFECTIVE DATE.] This
section is effective October 1, 2005.
Sec. 61. Minnesota
Statutes 2004, section 256L.05, subdivision 2, is amended to read:
Subd. 2.
[COMMISSIONER'S DUTIES.] (a) The commissioner or county agency
shall use electronic verification as the primary method of income
verification. If there is a discrepancy
between reported income and electronically verified income, an individual may
be required to submit additional verification.
In addition, the commissioner shall perform random audits to verify
reported income and eligibility. The
commissioner may execute data sharing arrangements with the Department of
Revenue and any other governmental agency in order to perform income verification
related to eligibility and premium payment under the MinnesotaCare program.
(b) In determining eligibility for
MinnesotaCare, the commissioner shall require applicants and enrollees seeking
renewal of eligibility to verify both earned and unearned income. The commissioner shall also require
applicants and enrollees to submit to their employers, if employed, a form to
verify whether the applicant or enrollee, and any dependents, are eligible for
employer subsidized coverage.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Prior to the implementation of HealthMatch, the commissioner shall
implement this section to the fullest extent possible, including the use of
manual processing. Upon implementation
of HealthMatch, the commissioner shall implement this section in a manner
consistent with the procedures and requirements of HealthMatch.
Sec. 62. Minnesota
Statutes 2004, 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 month of placement or the month
placement is reported, whichever is later.
The effective date of coverage for other new recipients members
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 the
change is reported. 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.
[EFFECTIVE DATE.] This
section is effective March 1, 2006, or upon HealthMatch implementation,
whichever is later.
Sec. 63. Minnesota
Statutes 2004, 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 received by the commissioner. The effective date of coverage within the
first six-month period of eligibility is as provided in section 256L.05,
subdivision 3. 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.
[EFFECTIVE DATE.] This
section is effective March 1, 2006, or upon HealthMatch implementation,
whichever is later.
Sec. 64. Minnesota
Statutes 2004, section 256L.05, subdivision 5, is amended to read:
Subd. 5. [AVAILABILITY
OF PRIVATE INSURANCE.] The commissioner, in consultation with the commissioners
of health and commerce, shall provide information regarding the availability of
private health insurance coverage and the possibility of disenrollment under
section 256L.07, subdivision 1, paragraphs (b) and (c), to all: (1) to families enrolled in the
MinnesotaCare program whose gross family income is equal to or more than 225
percent of the federal poverty guidelines; and (2) single adults and
households without children enrolled in the MinnesotaCare program whose gross
family income is equal to or more than 165 percent of the federal poverty
guidelines. This information must
be provided upon initial enrollment and annually thereafter. The commissioner shall also include
information regarding the availability of private health insurance coverage in
the notice of ineligibility provided to persons subject to disenrollment under
section 256L.07, subdivision 1, paragraphs (b) and (c).
[EFFECTIVE DATE.] This
section is effective October 1, 2005.
Sec. 65. Minnesota
Statutes 2004, 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
both increases and decreases in enrollee income, at the time the
change in income is reported; 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 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 July 1, 2005.
Prior to the implementation of HealthMatch, the commissioner shall
implement this section to the fullest extent possible, including the use of
manual processing. Upon implementation
of HealthMatch, the commissioner shall implement this section in a manner
consistent with the procedures and requirements of HealthMatch.
Sec. 66. Minnesota
Statutes 2004, section 256L.07, subdivision 1, is amended to read:
Subdivision 1. [GENERAL
REQUIREMENTS.] (a) Children enrolled in the original children's health plan as
of September 30, 1992, children who enrolled in the MinnesotaCare program after
September 30, 1992, pursuant to Laws 1992, chapter 549, article 4, section 17,
and children who have family gross incomes that are equal to or less than 150
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 150 percent of the federal poverty guidelines, must meet the
requirements of subdivision 2 to be eligible for MinnesotaCare.
(b) Through September 30, 2005, 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 Beginning October 1,
2005, children enrolled in MinnesotaCare under section 256L.04, subdivision
7 1, whose income increases above 175 275 percent
of the federal poverty guidelines, are no longer eligible for the
program and shall be disenrolled by the commissioner. Pregnant women enrolled in MinnesotaCare whose income
increases above 275 percent of the federal poverty guidelines remain eligible
through the end of the 60-day postpartum period. Beginning October 1, 2005, parents, grandparents, foster parents,
relative caretakers, and legal guardians ages 21 and over are no longer
eligible for MinnesotaCare if their gross income exceeds 175 percent of the
federal poverty guidelines for the applicable family size. 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), 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. 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 gross individual or gross family income as
defined in section 256L.01, subdivision 4, is less than the annual
premium for a six-month 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 six-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).
(d) Effective July 1, 2003, notwithstanding paragraphs (b) and
(c), parents are no longer eligible for MinnesotaCare if gross household income
exceeds $50,000 $25,000 for the six-month period of eligibility.
[EFFECTIVE DATE.] This
section is effective March 1, 2006, or upon HealthMatch implementation,
whichever is later.
Sec. 67. Minnesota
Statutes 2004, section 256L.07, subdivision 3, is amended to read:
Subd. 3. [OTHER HEALTH
COVERAGE.] (a) Families and individuals enrolled in the MinnesotaCare program
must have no health coverage while enrolled or for at least four months prior
to application and renewal. Children
enrolled in the original children's health plan and children in families with
income equal to or less than 150 percent of the federal poverty guidelines, who
have other health insurance, are eligible if the coverage:
(1) lacks two or more of the following:
(i) basic hospital insurance;
(ii) medical-surgical insurance;
(iii) prescription drug coverage;
(iv) dental coverage; or
(v) vision coverage;
(2) requires a deductible of $100 or more per person per year;
or
(3) lacks coverage because the child has exceeded the maximum
coverage for a particular diagnosis or the policy excludes a particular
diagnosis.
The commissioner may change this eligibility criterion for
sliding scale premiums in order to remain within the limits of available
appropriations. The requirement of no
health coverage does not apply to newborns.
(b) Medical assistance, general assistance medical care, and
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, an applicant or
enrollee who is entitled to Medicare Part A or enrolled in Medicare Part
B coverage under title XVIII of the Social Security Act, United States Code,
title 42, sections 1395c to 1395w-4 1395w-152, is considered to
have health coverage. An applicant
or enrollee who is entitled to premium free Medicare Part A may not
refuse to apply for or enroll in 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
that was paid for by medical assistance are exempt from is not
considered health coverage for purposes of the four-month requirement under
this section, except if the insurance continued after medical assistance no
longer considered it cost-effective or after medical assistance closed.
Sec. 68. Minnesota
Statutes 2004, section 256L.07, is amended by adding a subdivision to read:
Subd. 5.
[VOLUNTARY DISENROLLMENT FOR MEMBERS OF MILITARY.] Notwithstanding
section 256L.05, subdivision 3b, MinnesotaCare enrollees who are members of the
military and their families, who choose to voluntarily disenroll from the
program when one or more family members are called to active duty, may reenroll
during or following that member's tour of active duty. Those individuals and families shall be
considered to have good cause for voluntary termination under section 256L.06,
subdivision 3, paragraph (d). Income
and asset increases reported at the time of reenrollment shall be
disregarded. All provisions of sections
256L.01 to 256L.18, shall apply to individuals and families enrolled under this
subdivision upon six-month renewal.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 69. Minnesota
Statutes 2004, section 256L.09, subdivision 2, is amended to read:
Subd. 2. [RESIDENCY
REQUIREMENT.] (a) To be eligible for health coverage under the MinnesotaCare
program, adults without children must be permanent residents of Minnesota.
(b) To be eligible for health coverage under the
MinnesotaCare program, pregnant women, families, and children must meet the
residency requirements as provided by Code of Federal Regulations, title 42,
section 435.403, except that the provisions of section 256B.056, subdivision
1, shall apply upon receipt of federal approval.
[EFFECTIVE DATE.] This
section is effective October 1, 2005.
Sec. 70. Minnesota
Statutes 2004, section 256L.11, subdivision 6, is amended to read:
Subd. 6. [ENROLLEES 18
OR OLDER.] Payment by the MinnesotaCare program for inpatient hospital
services provided to MinnesotaCare enrollees eligible 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, who are 18 years old or older on the date of
admission to the inpatient hospital must be in accordance with paragraphs (a)
and (b). Payment for adults who are
not pregnant and are eligible under section 256L.04, subdivisions 1 and 2, and
whose incomes are equal to or less than 175 percent of the federal poverty
guidelines, shall be as provided for under paragraph (c) this
subdivision.
(a) If the medical assistance rate minus any co-payment
required under section 256L.03, subdivision 4, is less than or equal to the
amount remaining in the enrollee's benefit limit under section 256L.03,
subdivision 3, payment must be the medical assistance rate minus any co-payment
required under section 256L.03, subdivision 4.
The hospital must not seek payment from the enrollee in addition to the
co-payment. The MinnesotaCare payment
plus the co-payment must be treated as payment in full.
(b) If the medical assistance rate minus any co-payment
required under section 256L.03, subdivision 4, is greater than the amount
remaining in the enrollee's benefit limit under section 256L.03, subdivision 3,
payment must be the lesser of:
(1) the amount remaining in the enrollee's benefit limit; or
(2) charges submitted for the inpatient hospital services
less any co-payment established under section 256L.03, subdivision 4.
The hospital may seek payment from the enrollee for the
amount by which usual and customary charges exceed the payment under this
paragraph. If payment is reduced under
section 256L.03, subdivision 3, paragraph (b), the hospital may not seek
payment from the enrollee for the amount of the reduction.
(c) For admissions occurring during the period of July
1, 1997, through June 30, 1998, for adults who are not pregnant and are
eligible under section 256L.04, subdivisions 1 and 2, and whose incomes are
equal to or less than 175 percent of the federal poverty guidelines, the
commissioner shall pay hospitals directly, up to the medical assistance payment
rate, for inpatient hospital benefits in excess of the $10,000 annual inpatient
benefit limit.
[EFFECTIVE DATE.] This
section is effective October 1, 2005.
Sec. 71. Minnesota
Statutes 2004, section 256L.12, subdivision 6, is amended to read:
Subd. 6. [CO-PAYMENTS
AND BENEFIT LIMITS.] Enrollees are responsible for all co-payments in sections
section 256L.03, subdivision 5, and 256L.035, and shall pay
co-payments 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.
[EFFECTIVE DATE.] This
section is effective October 1, 2005.
Sec. 72. Minnesota
Statutes 2004, section 256L.12, is amended by adding a subdivision to read:
Subd. 9b. [RATE
SETTING; RATABLE REDUCTION.] In addition to the reduction in subdivision 9a,
the total payment made to managed care plans under the MinnesotaCare program is
reduced 1.83 percent for services provided on or after January 1, 2006.
Sec. 73. Minnesota
Statutes 2004, section 256L.15, subdivision 2, is amended to read:
Subd. 2. [SLIDING FEE
SCALE TO DETERMINE PERCENTAGE OF MONTHLY GROSS INDIVIDUAL OR FAMILY
INCOME.] (a) The commissioner shall establish a sliding fee scale to determine
the percentage of monthly gross 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 monthly 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 monthly 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 than five. Effective October 1, 2003, the commissioner
shall increase each percentage by 0.5 percentage points for enrollees with
income 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 or individual reports increased
income after enrollment, premiums shall not be adjusted until
eligibility renewal at the time the change in income is reported.
(b)(1) Enrolled 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 February 1, 2004, children in families whose
gross income is above 275 percent of the federal poverty guidelines shall pay
the maximum premium.
(3) 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) After calculating the percentage of premium each
enrollee shall pay under paragraph (a), ten percent shall be added to the
premium effective July 1, 2005.
[EFFECTIVE
DATE.] The amendment to paragraph (a) changing gross family or
individual income to monthly gross family or individual income is effective
March 1, 2006, or upon implementation of HealthMatch, whichever is later. The amendment to paragraph (a) related to
premium adjustments and changes of income is effective July 1, 2005. Prior to the implementation of HealthMatch,
the commissioner shall implement this section to the fullest extent possible,
including the use of manual processing.
Upon implementation of HealthMatch, the commissioner shall implement
this section in a manner consistent with the procedures and requirements of
HealthMatch.
Sec. 74. Minnesota
Statutes 2004, 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 below 150 percent of the
federal poverty guidelines pay a monthly premium of $5.
[EFFECTIVE DATE.] This
section is effective March 1, 2006, or upon implementation of HealthMatch,
whichever is later.
Sec. 75. [501B.895]
[PUBLIC HEALTH CARE PROGRAMS AND CERTAIN TRUSTS.]
(a) It is the public policy of this state that individuals
use all available resources to pay for the cost of long-term care services, as
defined in section 256B.0595, before turning to Minnesota health care program
funds, and that trust instruments should not be permitted to shield available
resources of an individual or an individual's spouse from such use. Any irrevocable inter-vivos trust or any
legal instrument, device, or arrangement similar to an irrevocable inter-vivos
trust created on or after July 1, 2005, containing assets or income of an
individual or an individual's spouse, including those created by a person,
court, or administrative body with legal authority to act in place of, at the
direction of, upon the request of, or on behalf of the individual or
individual's spouse, becomes revocable by operation of law for the sole purpose
of a state or local human services agency determination on an application by
the individual or the individual's spouse for payment of long-term care
services through a Minnesota public health care program pursuant to chapter
256B. For purposes of this section, any
inter-vivos trust and any legal instrument, device, or arrangement similar to
an inter-vivos trust:
(1) shall be deemed to be located in and subject to the laws
of this state; and
(2) is created as of the date it is fully executed by or on
behalf of all of the settlors or others.
(b) For purposes of this section, a legal instrument,
device, or arrangement similar to an irrevocable inter-vivos trust means any
instrument, device, or arrangement which involves a grantor who transfers or
whose property is transferred by another including, but not limited to, any
court, administrative body, or anyone else with authority to act on their
behalf or at their direction, to an individual or entity with fiduciary,
contractual, or legal obligations to the grantor or others to be held, managed,
or administered by the individual or entity for the benefit of the grantor or
others. These legal instruments,
devices, or other arrangements are irrevocable inter-vivos trusts for purposes
of this section.
(c) In the event of a conflict between this section and the
provisions of an irrevocable trust created on or after July 1, 2005, this
section shall control.
(d) This section does not apply to trusts that qualify as
supplemental needs trusts under section 501B.89 or to trusts meeting the
criteria of United States Code, title 42, section 1396p (d)(4)(a) and (c) for
purposes of eligibility for medical assistance.
(e) This section applies to all trusts first created on or
after July 1, 2005, and to all interests in real or personal property
regardless of the date on which the interest was created, reserved, or
acquired.
Sec. 76.
Minnesota Statutes 2004, 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) Subdivision 5, paragraph (a), clause (4), paragraph (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. Homestead means the real property occupied
by the surviving joint tenant spouse as their sole residence on the date the
recipient dies and classified and taxed to the recipient and surviving joint
tenant spouse as homestead property for property tax purposes in the calendar
year in which the recipient dies. For
purposes of this exemption, real property the recipient and their surviving
joint tenant spouse purchase solely with the proceeds from the sale of their
prior homestead, own of record as joint tenants, and qualify as homestead
property under section 273.124 in the calendar year in which the recipient dies
and prior to the recipient's death shall be deemed to be real property
classified and taxed to the recipient and their surviving joint tenant spouse
as homestead property in the calendar year in which the recipient dies. The surviving spouse, or any person with
personal knowledge of the facts, may provide an affidavit describing the
homestead property affected by this clause and stating facts showing compliance
with this clause. The affidavit shall
be prima facie evidence of the facts it states. All provisions in this paragraph related to the continuation
of a recipient's life estate or joint tenancy interests in real property after
the recipient's death, for the purpose of recovering medical assistance, are
effective only for life estates and joint tenancy interests established on or
after August 1, 2003.
[EFFECTIVE DATE.] This
section is effective retroactively from August 1, 2003.
Sec. 77. Laws 2003,
First Special Session chapter 14, article 12, section 93, is amended to read:
Sec. 93. [REVIEW OF
SPECIAL TRANSPORTATION ELIGIBILITY CRITERIA AND POTENTIAL COST SAVINGS USE
OF A BROKER TO MANAGE SPECIAL TRANSPORTATION SERVICES.]
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;
(3) restricting special transportation service from being
provided solely for trips to pharmacies;
(4) modifying eligibility for special transportation;
(5) expanding alternatives to the use of special
transportation services;
(6) improving the process of certifying persons as eligible
for special transportation services; and
(7) examining the feasibility and
benefits of licensing special transportation providers.
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 for fee-for-service enrollees residing in a nursing
home licensed under Minnesota Statutes, chapter 144A, until July 1, 2006, and
for all other fee-for-service enrollees until July 1, 2005, except for the
purposes of checking for recipient eligibility, authorizing recipients for
appropriate level of transportation, and monitoring provider compliance with
Minnesota Statutes, section 256B.0625, subdivision 17. This prohibition does not apply to the
purchase or management of common carrier transportation.
Sec. 78. [ADVISORY
COMMITTEE ON NONEMERGENCY TRANSPORTATION SERVICES.]
The commissioner of human services shall establish a
seven-member advisory committee on medical assistance nonemergency
transportation services. The committee
shall consist of: a representative of
the commissioner of human services, who shall serve as chair; two special
transportation service providers, appointed by the trade associations
representing special transportation service providers; one representative of
nursing facilities; one representative of the disability community; and one
house and one senate member, appointed respectively by the chairs of the house
and senate committees with jurisdiction over medical assistance funding. The advisory committee shall monitor and
evaluate the provision of medical assistance nonemergency medical transportation
services, and present recommendations for any necessary changes to the
commissioner.
Sec. 79. [PLANNING
PROCESS FOR MANAGED CARE.]
The commissioner of human services shall develop a planning
process for the purposes of implementing at least one additional managed care
arrangement to provide medical assistance services, excluding continuing care
services, to recipients enrolled in the medical assistance fee-for-service
program, effective January 1, 2007.
This planning process shall include an advisory committee composed of
current fee-for-service consumers, consumer advocates, and providers, as well
as representatives of health plans and other provider organizations qualified
to provide basic health care services to persons with disabilities. The department shall seek any additional
federal authority necessary to provide basic health care services through
contracted managed care arrangements.
Sec. 80. [FEDERAL
APPROVAL RELATED TO MEDICAL ASSISTANCE INCOME LIMIT FOR PREGNANT WOMEN AND
SPECIAL WORK EXPENSE DEDUCTION.]
The commissioner of human services, by July 1, 2005, shall
apply for any federal waivers and approvals necessary to retain the medical
assistance income limit for pregnant women at 200 percent of the federal
poverty guidelines, and to not apply the special work expense deductions for
infants and pregnant women. The
commissioner shall update the chairs and ranking minority members of the house
and senate committees with jurisdiction over the medical assistance program of
the status of the request for federal waivers and approvals.
Sec. 81. [FEDERAL
APPROVAL.]
(a) The commissioner of human services shall seek federal
waivers and approvals necessary to allow the commissioner to charge medical
assistance recipients sliding scale premiums, based on the sliding scale used
for the MinnesotaCare program under Minnesota Statutes, section 256L.15.
(b) The commissioner of human services shall seek federal
approval to fully implement the amendments to Minnesota Statutes, section 256L.01,
subdivision 5.
Sec. 82.
[HEALTH CARE FINANCING REPORT.]
The commissioner of human services shall develop
recommendations on simplifying publicly funded health care program
financing. The commissioner shall
report the recommendations to the chairs of the house and senate committees
with jurisdiction over health care financing during the 2007 legislative
session.
Sec. 83. [GENERAL
PROVISIONS GOVERNING CHANGE IN EFFECTIVE DATE FOR LIFE ESTATE AND JOINT TENANCY
INTEREST PROVISIONS.]
Subdivision 1.
[ESTABLISHMENT OF LIFE ESTATE OR JOINT TENANCY INTEREST.] For
purposes of the amendments to Minnesota Statutes, sections 256B.15, subdivision
1, and 514.981, subdivision 6, a life estate or joint tenancy interest is
established upon the earlier of:
(1) the date the instrument creating the interest is
recorded or filed in the office of the county recorder or registrar of titles
where the real estate interest it describes is located;
(2) the date of delivery by the grantor to the grantee of
the signed instrument as stated in an affidavit made by a person with knowledge
of the facts;
(3) the date on which the judicial order creating the
interest was issued by the court; or
(4) the date upon which the interest devolves under
Minnesota Statutes, section 524.3-101.
Subd. 2.
[MEDICAL ASSISTANCE.] For purposes of the amendments to Minnesota
Statutes, sections 256B.15, subdivision 1, and 514.981, subdivision 6, the term
medical assistance means medical assistance as defined in Minnesota Statutes
2004, section 256B.15, subdivision 1.
Subd. 3. [LIEN
NOTICES.] Medical assistance liens and liens under notices of potential
claims that are of record against life estate or joint tenancy interests
established prior to August 1, 2003, shall end and become unenforceable upon
the death of the person named in the lien, or a notice of potential claim shall
be disregarded by examiners of title after the death of the life tenant or
joint tenant, and shall not be carried forward to a subsequent certificate of
title. This subdivision shall not apply
to life estates that continue to exist after the death of the person named in
the lien or notice of potential claim under the terms of the instrument
creating or reserving the life estate until the life estate ends as provided
for in the instrument.
[EFFECTIVE DATE.] This
section is effective retroactively from August 1, 2003.
Sec. 84.
[COMMISSIONER'S DUTIES RELATED TO CHANGE IN EFFECTIVE DATE FOR LIFE
ESTATE AND JOINT TENANCY INTEREST PROVISIONS.]
(a) The commissioner of human services or a county agency
that has recovered medical assistance or alternative care payments for
recipients after they die from their life estates or jointly owned interests in
real property that were established prior to August 1, 2003, and that were
continued in existence or merged into another interest in real property after
their death due solely to the provisions of section 256B.15 or 514.981,
subdivision 6, paragraph (c), as those provisions existed prior to the
amendments in this act, shall refund those recoveries, without interest. The refunds shall be paid to the surviving
record owners of the real property in which the recipient had a life estate or
a jointly owned interest on the date of the recipient's death in proportion to
their record interests on that date.
The commissioner and a county agency are not required to refund any
other recoveries attributable to any other interests or assets of the deceased
recipient.
(b) If the commissioner of human services or a county agency
determines a person entitled to any refund under this act is dead, they may pay
the refund due that person to their estate if it is still open. If the person's estate is closed or if a
court has entered a decree of distribution for that person under section
525.312 that is a final decree, the commissioner or the county agency may, in
their absolute discretion, pay the person's refund to their heirs or devisees
as finally determined in any completed probate or under any final decree of
distribution. In all other cases
including, but not limited to, those in which the commissioner or a county
agency determines they cannot identify or locate a person entitled to a refund
under this section, they may, at their discretion, declare such person's refund
to be abandoned property and pay and deliver it to the commissioner of
commerce. The commissioner of commerce
shall administer and dispose of the refunds according to sections 345.31 to
345.60. Neither the commissioner of
human services, the Department of Human Services, a county agency, or the
employees of the department or agency, shall be liable to anyone with respect
to the refund after paying or delivering the refund as provided for in this
section.
[EFFECTIVE DATE.] This
section is effective retroactively from August 1, 2003.
Sec. 85. [IMMUNITY.]
The commissioner of human services, county agencies, and
elected officials and their employees are immune from all liability for any
action taken implementing Laws 2003, First Special Session chapter 14, article
12, sections 40 to 52 and 90, as those laws existed at the time the action was
taken, and sections 1 to 4 of this act.
[EFFECTIVE DATE.] This
section is effective retroactively from August 1, 2003.
Sec. 86. [REPEALER.]
(a) Minnesota Statutes 2004, sections 256L.035; 256L.04,
subdivision 7; and 256L.09, subdivisions 1, 4, 5, 6, and 7, are repealed
effective October 1, 2005.
(b) Minnesota Statutes 2004, section 256.955, is repealed
effective January 1, 2006.
(c) Minnesota Statutes 2004, sections 256B.075, subdivision
5, and 295.581, are repealed the day following final enactment.
(d) Minnesota Statutes 2004, section 256L.04, subdivision
11, MinnesotaCare outreach grants, is repealed effective July 1, 2005.
ARTICLE
4
NURSING
FACILITY REIMBURSEMENT
SYSTEM
AND OTHER PROVISIONS
Section 1. Minnesota
Statutes 2004, 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.
(jj)(1) A facility in Columbia Heights
with 122 beds on January 1, 2005, may remove from layaway status up to 35 of 98
beds placed in layaway status in paragraph (ii), and relicense and recertify
these beds in stages in a newly constructed nursing facility in Ramsey located
on a long-term care campus that provides a continuum of housing and health care
options and services, ranging from independent living to skilled nursing
services. The beds may be relicensed
and recertified in two stages.
(2) A facility in Anoka with 57 beds on January 1, 2005, may
remove from layaway status an additional 33 of the 98 beds placed in layaway
status in paragraph (ii) and relicense and recertify these beds in a newly
constructed nursing facility located in Anoka County, north of State Highway
242 and at a site not closer than five miles from any other licensed and
certified nursing facility, along with up to 57 beds that may be relocated from
the facility in Anoka.
(3) Notwithstanding the five-year duration after which beds
may no longer remain in layaway and still be placed in active service, as
specified in subdivision 4b, the beds must be relicensed and recertified prior
to June 30, 2009.
(4) For the facility in clause (1), the total payment rates
shall be equal to those of the 122-bed facility in Columbia Heights. For the facility in clause (2), the total
payment rates shall be equal to those of the 57-bed facility in Anoka.
(5) The facilities in clauses (1) and (2) may annually
certify to the commissioner of human services, on a form and in a manner
specified by the commissioner, beginning no later than one year after they are
licensed and certified, that they are discharging eight or more individuals per
year for each newly licensed bed. If,
in the certification, the facility reports that they are discharging fewer than
eight individuals per year for each newly licensed bed, the commissioner shall
reduce the facility's payment rates under medical assistance by three percent
for each one discharge per year for each newly licensed bed, or portion
thereof, less than eight, times the portion of the facility's licensed and
certified beds that are newly licensed and certified. If the facility fails to provide this annual certification, the
commissioner shall assume two discharges per year for each newly licensed bed
and reduce the facility's payment rates under medical assistance by three
percent for each one discharge per year for each newly licensed bed, less than
eight.
Sec. 2. Minnesota
Statutes 2004, section 144A.073, is amended by adding a subdivision to read:
Subd. 10a.
[EXTENSION OF APPROVAL FOR A FACILITY IN OTTER TAIL COUNTY.] Notwithstanding
subdivisions 3 and 10, the commissioner of health shall extend project approval
for an additional 24 months for an exception to the nursing home licensure and certification
moratorium proposed by a nursing facility in Otter Tail County and originally
approved by the commissioner on December 20, 2002.
Sec. 3. Minnesota
Statutes 2004, section 256B.431, subdivision 28, is amended to read:
Subd. 28. [NURSING
FACILITY RATE INCREASES BEGINNING JULY 1, 1999, AND JULY 1, 2000.] (a) For the
rate years beginning July 1, 1999, and July 1, 2000, the commissioner shall
make available to each nursing facility reimbursed under this section or
section 256B.434 an adjustment to the total operating payment rate. For nursing facilities reimbursed under this
section or section 256B.434, the July 1, 2000, operating payment rate increases
provided in this subdivision shall be applied to each facility's June 30, 2000,
operating payment rate. For each
facility, total operating costs shall be separated into costs that are
compensation related and all other costs.
Compensation-related costs include salaries, payroll taxes, and fringe
benefits for all employees except management fees, the administrator, and
central office staff.
(b) For the rate year beginning July 1, 1999, the commissioner
shall make available a rate increase for compensation-related costs of 4.843
percent and a rate increase for all other operating costs of 3.446 percent.
(c) For the rate year beginning July 1,
2000, the commissioner shall make available:
(1) a rate increase for compensation-related costs of 3.632
percent;
(2) an additional rate increase for each case mix payment rate
which must be used to increase the per-hour pay rate of all employees except
management fees, the administrator, and central office staff by an equal dollar
amount and to pay associated costs for FICA, the Medicare tax, workers'
compensation premiums, and federal and state unemployment insurance, to be
calculated according to clauses (i) to (iii):
(i) the commissioner shall calculate the arithmetic mean of the
11 June 30, 2000, operating rates for each facility;
(ii) the commissioner shall construct an array of nursing
facilities from highest to lowest, according to the arithmetic mean calculated
in clause (i). A numerical rank shall
be assigned to each facility in the array.
The facility with the highest mean shall be assigned a numerical rank of
one. The facility with the lowest mean
shall be assigned a numerical rank equal to the total number of nursing
facilities in the array. All other
facilities shall be assigned a numerical rank in accordance with their position
in the array;
(iii) the amount of the additional rate increase shall be $1
plus an amount equal to $3.13 multiplied by the ratio of the facility's numeric
rank divided by the number of facilities in the array; and
(3) a rate increase for all other operating costs of 2.585
percent.
Money received by a facility as a result of the additional rate
increase provided under clause (2) shall be used only for wage increases
implemented on or after July 1, 2000, and shall not be used for wage increases
implemented prior to that date.
(d) The payment rate adjustment for each nursing facility must
be determined under clause (1) or (2):
(1) for each nursing facility that reports salaries for
registered nurses, licensed practical nurses, aides, orderlies, and attendants
separately, the commissioner shall determine the payment rate adjustment using
the categories specified in paragraph (a) multiplied by the rate increases
specified in paragraph (b) or (c), and then dividing the resulting amount by
the nursing facility's actual resident days.
In determining the amount of a payment rate adjustment for a nursing
facility reimbursed under section 256B.434, the commissioner shall determine
the proportions of the facility's rates that are compensation-related costs and
all other operating costs based on the facility's most recent cost report; and
(2) for each nursing facility that does not report salaries for
registered nurses, licensed practical nurses, aides, orderlies, and attendants
separately, the payment rate adjustment shall be computed using the facility's
total operating costs, separated into the categories specified in paragraph (a)
in proportion to the weighted average of all facilities determined under clause
(1), multiplied by the rate increases specified in paragraph (b) or (c), and
then dividing the resulting amount by the nursing facility's actual resident
days.
(e) A nursing facility may apply for the compensation-related
payment rate adjustment calculated under this subdivision. The application must be made to the
commissioner and contain a plan by which the nursing facility will distribute
the compensation-related portion of the payment rate adjustment to employees of
the nursing facility. For nursing
facilities in which the employees are represented by an exclusive bargaining
representative, an agreement negotiated and agreed to by the employer and the
exclusive bargaining representative constitutes the plan. For the second rate year, a negotiated
agreement constitutes the plan only if the agreement is finalized after the
date of enactment of all rate increases for the second rate year. The commissioner shall review the plan to
ensure that the payment
rate adjustment per diem is used as provided in paragraphs (a) to (c). To be eligible, a facility must submit its
plan for the compensation distribution by December 31 each year. A facility may amend its plan for the second
rate year by submitting a revised plan by December 31, 2000. If a facility's plan for compensation
distribution is effective for its employees after July 1 of the year that the
funds are available, the payment rate adjustment per diem shall be effective
the same date as its plan.
(f) A copy of the approved distribution plan must be made
available to all employees. This must
be done by giving each employee a copy or by posting it in an area of the
nursing facility to which all employees have access. If an employee does not receive the compensation adjustment
described in their facility's approved plan and is unable to resolve the
problem with the facility's management or through the employee's union
representative, the employee may contact the commissioner at an address or
phone number provided by the commissioner and included in the approved plan.
(g) If the reimbursement system under section 256B.435 is not
implemented until July 1, 2001, the salary adjustment per diem authorized in
subdivision 2i, paragraph (c), shall continue until June 30, 2001.
(h) For the rate year beginning July 1, 1999, the following
nursing facilities shall be allowed a rate increase equal to 67 percent of the
rate increase that would be allowed if subdivision 26, paragraph (a), was not
applied:
(1) a nursing facility in Carver County licensed for 33 nursing
home beds and four boarding care beds;
(2) a nursing facility in Faribault County licensed for 159
nursing home beds on September 30, 1998; and
(3) a nursing facility in Houston County licensed for 68
nursing home beds on September 30, 1998.
(i) For the rate year beginning July 1, 1999, the following
nursing facilities shall be allowed a rate increase equal to 67 percent of the
rate increase that would be allowed if subdivision 26, paragraphs (a) and (b),
were not applied:
(1) a nursing facility in Chisago County licensed for 135
nursing home beds on September 30, 1998; and
(2) a nursing facility in Murray County licensed for 62 nursing
home beds on September 30, 1998.
(j) For the rate year beginning July 1, 1999, a nursing
facility in Hennepin County licensed for 134 beds on September 30, 1998, shall:
(1) have the prior year's allowable care-related per diem
increased by $3.93 and the prior year's other operating cost per diem increased
by $1.69 before adding the inflation in subdivision 26, paragraph (d), clause
(2); and
(2) be allowed a rate increase equal to 67 percent of the rate
increase that would be allowed if subdivision 26, paragraphs (a) and (b), were
not applied.
The increases provided in paragraphs (h), (i), and (j) shall be
included in the facility's total payment rates for the purposes of determining
future rates under this section or any other section.
(k) For the rate years beginning on or after July 1, 2000, a
nursing home facility in Goodhue County that was licensed for 104 beds on
February 1, 2000, shall have its employee pension benefit costs reported on its
Rule 50 cost report treated as PERA contributions for the purpose of computing
its payment rates.
Sec. 4. Minnesota
Statutes 2004, section 256B.431, subdivision 29, is amended to read:
Subd. 29. [FACILITY
RATE INCREASES EFFECTIVE JULY 1, 2000.] Following the determination under
subdivision 28 of the payment rate for the rate year beginning July 1, 2000,
for a facility in Roseau County licensed for 49 beds, the facility's operating
cost per diem shall be increased by the following amounts:
(1) case mix class A, $1.97;
(2) case mix class B, $2.11;
(3) case mix class C, $2.26;
(4) case mix class D, $2.39;
(5) case mix class E, $2.54;
(6) case mix class F, $2.55;
(7) case mix class G, $2.66;
(8) case mix class H, $2.90;
(9) case mix class I, $2.97;
(10) case mix class J, $3.10; and
(11) case mix class K, $3.36.
These increases shall be
included in the facility's total payment rates for the purpose of determining
future rates under this section or any other section.
Sec. 5. Minnesota
Statutes 2004, section 256B.431, subdivision 35, is amended to read:
Subd. 35. [EXCLUSION OF
RAW FOOD COST ADJUSTMENT.] For rate years beginning on or after July 1, 2001,
in calculating a nursing facility's operating cost per diem for the purposes of
constructing an array, determining a median, or otherwise performing a
statistical measure of nursing facility payment rates to be used to determine
future rate increases under this section, section 256B.434, or any other
section, the commissioner shall exclude adjustments for raw food costs under
subdivision 2b, paragraph (h), that are related to providing special diets
based on religious beliefs. For
rates determined under section 256B.441, the amount determined under
subdivision 2b, paragraph (h), shall not be included in the support services
per diem cost determined in section 256B.441, subdivision 45, and shall be
added to the external fixed cost costs payment rate determined in section
256B.441, subdivision 52, paragraph (i).
Sec. 6. Minnesota
Statutes 2004, section 256B.431, is amended by adding a subdivision to read:
Subd. 41.
[NURSING FACILITY RATE INCREASES BEGINNING OCTOBER 1, 2005, AND OCTOBER
1, 2006.] (a) For the rate years beginning October 1, 2005, and October 1,
2006, the commissioner shall provide nursing facilities reimbursed under this
section or section 256B.434 and for rates determined under section 256B.441
with an adjustment to the total operating payment rate of two percent. At least two-thirds of each year's
adjustment must be used for increased costs of employee salaries and benefits
and associated costs for FICA, the Medicare tax, workers' compensation
premiums, and federal and state unemployment insurance. Each facility receiving an adjustment shall
report to the commissioner, in the form and manner specified by the
commissioner, on how the additional funding was used.
(b) Costs for salary and employee benefits increases
incurred by nursing facilities since July 1, 2003, can be counted towards the
amount required to be spent on salaries and benefits under paragraph (a). These costs should be
Sec. 7. Minnesota Statutes
2004, section 256B.431, is amended by adding a subdivision to read:
Subd. 42. [RATE
INCREASE FOR FACILITIES IN STEARNS, SHERBURNE, AND BENTON COUNTIES.] Effective
October 1, 2005, before determining any other rate adjustment effective on that
date, operating payment rates of nursing facilities in Stearns County,
Sherburne County, and Benton County, reimbursed under this section or section
256B.434, shall be increased to be equal, for a RUGs rate with a weight of
1.00, to the 30th percentile of the geographic group III rate for the same RUGs
weight. The percentage of the operating
payment rate for each facility to be case-mix adjusted shall be equal to the
percentage that is case-mix adjusted in that facility's September 30, 2005,
operating payment rate. This
subdivision shall apply only if it results in a rate increase. Increases provided by this subdivision shall
be added to the rate determined under any new reimbursement system established
under section 256B.440.
Sec. 8. Minnesota
Statutes 2004, section 256B.432, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITIONS.] For purposes of this section, the following terms have
the meanings given them.
(a) "Management agreement" means an agreement in
which one or more of the following criteria exist:
(1) the central, affiliated, or corporate office has or is
authorized to assume day-to-day operational control of the nursing facility for
any six-month period within a 24-month period.
"Day-to-day operational control" means that the central,
affiliated, or corporate office has the authority to require, mandate, direct,
or compel the employees of the nursing facility to perform or refrain from
performing certain acts, or to supplant or take the place of the top management
of the nursing facility.
"Day-to-day operational control" includes the authority to
hire or terminate employees or to provide an employee of the central,
affiliated, or corporate office to serve as administrator of the nursing
facility;
(2) the central, affiliated, or corporate office performs or is
authorized to perform two or more of the following: the execution of contracts; authorization of purchase orders;
signature authority for checks, notes, or other financial instruments;
requiring the nursing facility to use the group or volume purchasing services
of the central, affiliated, or corporate office; or the authority to make
annual capital expenditures for the nursing facility exceeding $50,000, or $500
per licensed bed, whichever is less, without first securing the approval of the
nursing facility board of directors;
(3) the central, affiliated, or corporate office becomes or is
required to become the licensee under applicable state law;
(4) the agreement provides that the compensation for services
provided under the agreement is directly related to any profits made by the
nursing facility; or
(5) the nursing facility entering into the agreement is
governed by a governing body that meets fewer than four times a year, that does
not publish notice of its meetings, or that does not keep formal records of its
proceedings.
(b) "Consulting agreement" means any agreement the
purpose of which is for a central, affiliated, or corporate office to advise,
counsel, recommend, or suggest to the owner or operator of the nonrelated
nursing facility measures and methods for improving the operations of the
nursing facility.
(c) "Nursing facility" means a nursing
facility whose medical assistance rates are determined according to section
256B.431 with a medical assistance provider agreement that is licensed
as a nursing home under chapter 144A or as a boarding care home under sections
144.50 to 144.56.
Sec. 9. Minnesota
Statutes 2004, section 256B.432, subdivision 2, is amended to read:
Subd. 2. [EFFECTIVE DATE.]
For rate years beginning on or after July 1, 1990, the central, affiliated, or
corporate office cost allocations in subdivisions 3 to 6 must be used when
determining medical assistance rates under section 256B.431, 256B.434, or
256B.441.
Sec. 10. Minnesota
Statutes 2004, section 256B.432, is amended by adding a subdivision to read:
Subd. 4a.
[ALLOCATION; COSTS ALLOCABLE ON A FUNCTIONAL BASIS.] (a) Costs that
have not been directly identified must be allocated to nursing facilities on a
basis designed to equitably allocate the costs to the nursing facilities or
activities receiving the benefits of the costs. This allocation must be made in a manner reasonably related to
the services received by the nursing facilities. Where practical and the amounts are material, these costs must be
allocated on a functional basis. The
functions, or cost centers used to allocate central office costs, and the unit
bases used to allocate the costs, including those central office costs
allocated according to subdivision 5, must be used consistently from one
central office accounting period to another.
(b) If the central office wishes to change its allocation
bases and believes the change will result in more appropriate and more accurate
allocations, the central office must make a written request, with its
justification, to the commissioner for approval of the change no later than 120
days after the beginning of the central office accounting period to which the
change is to apply. The commissioner's
approval of a central office request will be furnished to the central office in
writing. Where the commissioner
approves the central office request, the change must be applied to the
accounting period for which the request was made, and to all subsequent central
office accounting periods unless the commissioner approves a subsequent request
for change by the central office. The
effective date of the change will be the beginning of the accounting period for
which the request was made.
Sec. 11. Minnesota
Statutes 2004, section 256B.432, subdivision 5, is amended to read:
Subd. 5. [ALLOCATION OF
REMAINING COSTS; ALLOCATION RATIO.] (a) After the costs that can be directly
identified according to subdivisions 3 and 4 have been allocated, the remaining
central, affiliated, or corporate office costs must be allocated between the
nursing facility operations and the other activities or facilities unrelated to
the nursing facility operations based on the ratio of total operating
costs. However, in the event that
these remaining costs are partially attributable to the start-up of home and
community-based services intended to fill a gap identified by the local agency,
the facility may assign these remaining costs to the appropriate cost category
of the facility for a period not to exceed two years.
(b) For purposes of allocating these remaining central,
affiliated, or corporate office costs, the numerator for the allocation ratio
shall be determined as follows:
(1) for nursing facilities that are related organizations or
are controlled by a central, affiliated, or corporate office under a management
agreement, the numerator of the allocation ratio shall be equal to the sum of
the total operating costs incurred by each related organization or controlled
nursing facility;
(2) for a central, affiliated, or corporate office providing
goods or services to related organizations that are not nursing facilities, the
numerator of the allocation ratio shall be equal to the sum of the total
operating costs incurred by the nonnursing facility related organizations;
(3) for a central, affiliated, or corporate office providing
goods or services to unrelated nursing facilities under a consulting agreement,
the numerator of the allocation ratio shall be equal to the greater of directly
identified central, affiliated, or corporate costs or the contracted amount; or
(4) for business activities that involve the providing of goods
or services to unrelated parties which are not nursing facilities, the
numerator of the allocation ratio shall be equal to the greater of directly
identified costs or revenues generated by the activity or function.
(c) The denominator for the allocation ratio is the sum of the
numerators in paragraph (b), clauses (1) to (4).
Sec. 12. Minnesota
Statutes 2004, section 256B.432, is amended by adding a subdivision to read:
Subd. 6a.
[RELATED ORGANIZATION COSTS.] (a) Costs applicable to services,
capital assets, and supplies directly or indirectly furnished to the nursing
facility by any related organization are includable in the allowable cost of
the nursing facility at the purchase price paid by the related organization for
capital assets or supplies and at the cost incurred by the related organization
for the provision of services to the nursing facility if these prices or costs
do not exceed the price of comparable services, capital assets, or supplies
that could be purchased elsewhere. For
this purpose, the related organization's costs must not include an amount for
markup or profit.
(b) If the related organization in the normal course of
business sells services, capital assets, or supplies to nonrelated
organizations, the cost to the nursing facility shall be the nonrelated
organization's price provided that sales to nonrelated organizations constitute
at least 50 percent of total annual sales of similar services, capital assets,
or supplies.
Sec. 13. Minnesota
Statutes 2004, section 256B.434, subdivision 3, is amended to read:
Subd. 3. [DURATION AND
TERMINATION OF CONTRACTS.] (a) Subject to available resources, the commissioner
may begin to execute contracts with nursing facilities November 1, 1995.
(b) All contracts entered into under this section are for a
term of one year not to exceed four years. Either party may terminate a contract at any
time without cause by providing 90 calendar days advance written notice to the
other party. The decision to terminate
a contract is not appealable.
Notwithstanding section 16C.05, subdivision 2, paragraph (a), clause
(5), the contract shall be renegotiated for additional one-year four-year
terms, unless either party provides written notice of termination. The provisions of the contract shall be
renegotiated annually at a minimum of every four years 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.
(c) 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, the contract payment remains in effect for the remainder of the
rate year in which the contract was terminated, but in all other respects the
provisions of this section do not apply to that facility effective the date the
contract is terminated. The contract
shall contain a provision governing the transition back to the cost-based
reimbursement system established under section 256B.431 and Minnesota Rules,
parts 9549.0010 to 9549.0080. A
contract entered into under this section may be amended by mutual agreement of
the parties.
Sec. 14. Minnesota
Statutes 2004, 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 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, July 1, 2002, July 1, 2003, and July
1, 2004, July 1, 2005, July 1, 2006, July 1, 2007, July 1, 2008, and July 1,
2009, 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. Beginning in 2005,
adjustment to the property payment rate under this section and section 256B.431
shall be effective on October 1. 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. 15. Minnesota
Statutes 2004, section 256B.434, subdivision 4a, is amended to read:
Subd. 4a. [FACILITY
RATE INCREASES.] For the rate year beginning July 1, 1999, the nursing
facilities described in clauses (1) to (5) shall receive the rate increases
indicated. The increases provided under
this subdivision shall be included in the facility's total payment rates for
the purpose of determining future rates under this section or any other
section:
(1) a nursing facility in Becker County licensed for 102
nursing home beds on September 30, 1998, shall receive an increase of $1.30 in
its case mix class A payment rate; an increase of $1.33 in its case mix class B
payment rate; an increase of $1.36 in its case mix class C payment rate; an
increase of $1.39 in its case mix class D payment rate; an increase of $1.42 in
its case mix class E payment rate; an increase of $1.42 in its case mix class F
payment rate; an increase of $1.45 in its case mix class G payment rate; an
increase of $1.49 in its case mix class H payment rate; an increase of $1.51 in
its case mix class I payment rate; an increase of $1.54 in its case mix class J
payment rate; and an increase of $1.59 in its case mix class K payment rate;
(2) a nursing facility in Chisago County
licensed for 101 nursing home beds on September 30, 1998, shall receive an
increase of $3.67 in each case mix payment rate;
(3) a nursing facility in Canby, licensed for 75 beds shall
have its property-related per diem rate increased by $1.21. This increase shall be recognized in the
facility's contract payment rate under this section;
(4) a nursing facility in Golden Valley with all its beds
licensed to provide residential rehabilitative services to young adults under
Minnesota Rules, parts 9570.2000 to 9570.3400, shall have the payment rate
computed according to this section increased by $14.83; and
(5) a county-owned 130-bed nursing facility in Park Rapids
shall have its per diem contract payment rate increased by $1.02 for costs
related to compliance with comparable worth requirements.
Sec. 16. Minnesota
Statutes 2004, section 256B.434, subdivision 4b, is amended to read:
Subd. 4b. [FACILITY
RATE INCREASES EFFECTIVE JULY 1, 2000.] For the rate year beginning July 1,
2000, the nursing facilities described in clauses (1) to (6) shall receive the
rate increases indicated. The increases
under this subdivision shall be added following the determination under section
256B.431, subdivision 28, of the payment rate for the rate year beginning July
1, 2000, and shall be included in the facility's total payment rates for the
purposes of determining future rates under this section or any other section:
(1) a nursing facility in Hennepin County licensed for 290 beds
shall receive an operating cost per diem increase of 5.9 percent, provided that
the facility delicenses, decertifies, or places on layaway status, if that
status is otherwise permitted by law, 70 beds;
(2) a nursing facility in Goodhue County licensed for 84 beds
shall receive an increase of $1.54 in each case mix payment rate;
(3) a nursing facility located in Rochester and licensed for
103 beds on January 1, 2000, shall receive an increase in its case mix resident
class A payment of $3.78, and an increase in the payment rate for all other
case mix classes of that amount multiplied by the class weight for that case
mix class established in Minnesota Rules, part 9549.0058, subpart 3;
(4) a nursing facility in Wright County licensed for 154 beds
shall receive an increase of $2.03 in each case mix payment rate to be used for
employee wage and benefit enhancements;
(5) a facility in Todd County licensed for 78 beds, shall have
its operating cost per diem increased by the following amounts:
(i) case mix class A, $1.16;
(ii) case mix class B, $1.50;
(iii) case mix class C, $1.89;
(iv) case mix class D, $2.26;
(v) case mix class E, $2.63;
(vi) case mix class F, $2.65;
(vii) case mix class G, $2.96;
(viii) case mix class H, $3.55;
(ix) case mix class I, $3.76;
(x) case mix class J, $4.08; and
(xi) case mix class K, $4.76; and
(6) a nursing facility in Pine City that decertified 22 beds in
calendar year 1999 shall have its property-related per diem payment rate
increased by $1.59.
Sec. 17. Minnesota
Statutes 2004, section 256B.434, subdivision 4c, is amended to read:
Subd. 4c. [FACILITY
RATE INCREASES EFFECTIVE JANUARY 1, 2002.] For the rate period beginning
January 1, 2002, and for the rate year beginning July 1, 2002, a nursing
facility in Morrison County licensed for 83 beds as of March 1, 2001, shall
receive an increase of $2.54 in each case mix payment rate to offset property
tax payments due as a result of the facility's conversion from nonprofit to
for-profit status. The increase under
this subdivision shall be added following the determination under this chapter
of the payment rate for the rate year beginning July 1, 2001, and shall be
included in the facility's total payment rates for the purposes of determining
future rates under this section or any other section.
Sec. 18. Minnesota
Statutes 2004, section 256B.434, subdivision 4d, is amended to read:
Subd. 4d. [FACILITY
RATE INCREASES EFFECTIVE JULY 1, 2001.] For the rate year beginning July 1,
2001, a nursing facility in Hennepin County licensed for 302 beds shall receive
an increase of 29 cents in each case mix payment rate to correct an error in
the cost-reporting system that occurred prior to the date that the facility
entered the alternative payment demonstration project. The increase under this subdivision shall be
added following the determination under this chapter of the payment rate for
the rate year beginning July 1, 2001, and shall be included in the facility's
total payment rates for the purposes of determining future rates under this
section or any other section.
Sec. 19. Minnesota
Statutes 2004, section 256B.434, is amended by adding a subdivision to read:
Subd. 18.
[PHASE-OUT OF ALTERNATIVE PAYMENT SYSTEM CONTRACTS.] Nursing
facilities that have entered into a contract with the commissioner under the
provisions of this section will cease their contractual agreement with the
commissioner effective October 1, 2009.
Nursing facilities with a contract in effect on September 30, 2006,
shall be paid the contract payment rate for the remainder of the phase-in
period according to the provisions of section 256B.441, subdivision 53.
Sec. 20. Minnesota
Statutes 2004, section 256B.438, subdivision 3, is amended to read:
Subd. 3. [CASE MIX
INDICES.] (a) The commissioner of human services shall assign a case mix index
to each resident class based on the Centers for Medicare and Medicaid Services
staff time measurement study and adjusted for Minnesota-specific wage
indices. The case mix indices assigned
to each resident class shall be published in the Minnesota State Register at
least 120 days prior to the implementation of the 34 group, RUG-III resident classification
system.
(b) An index maximization approach shall be used to classify
residents.
(c) After implementation of the revised
case mix system, the commissioner of human services may annually rebase case
mix indices and base rates using more current data on average wage rates and
staff time measurement studies. This
rebasing shall be calculated under subdivision 7, paragraph (b). The commissioner shall publish in the
Minnesota State Register adjusted case mix indices at least 45 days prior to
the effective date of the adjusted case mix indices. In the event that new case mix indices are implemented
together with a new payment system, rebasing of rates under subdivision 7,
paragraph (b), shall not apply.
Sec. 21.
[256B.441] [NURSING FACILITY REIMBURSEMENT SYSTEM EFFECTIVE OCTOBER 1,
2005.]
Subdivision 1.
[IN GENERAL.] (a) The commissioner shall establish a value-based
nursing facility reimbursement system which will provide facility-specific,
prospective rates for nursing facilities participating in the medical
assistance program. The rates shall be
determined using an annual statistical and cost report filed by each nursing
facility. The total payment rate shall
be composed of four rate components: direct care services, support services,
external fixed, and property-related rate components. The payment rate shall be derived from statistical measures of
actual costs incurred in facility operation of nursing facilities. From this cost basis, the components of the
total payment rate shall be adjusted for quality of services provided,
recognition of staffing levels, geographic variation in labor costs, and
resident acuity.
(b) Rates shall be rebased annually. Each cost reporting year shall begin on
October 1 and end on the following September 30. Beginning in 2006, a statistical and cost report shall be filed
by each nursing facility by January 15.
Notice of rates shall be distributed by August 15 and the rates shall go
into effect on October 1 for one year.
(c) The commissioner
shall begin to phase in the new reimbursement system beginning October 1,
2006. Full phase-in shall be completed
by October 1, 2010.
Subd. 2.
[DEFINITIONS.] For purposes of this section, the terms in
subdivisions 3 to 42 have the meanings given unless otherwise provided for in
this section.
Subd. 3. [ACTIVE
BEDS.] "Active beds" means licensed beds that are not currently in
layaway status.
Subd. 4.
[ACTIVITIES COSTS.] "Activities costs" means the costs for
the salaries and wages of the supervisor and other activities workers,
associated fringe benefits and payroll taxes, supplies, services, and
consultants.
Subd. 5.
[ADMINISTRATIVE COSTS.] "Administrative costs" means the
direct costs for administering the overall activities of the nursing home. These costs include salaries and wages of
the administrator, assistant administrator, business office employees, security
guards, and associated fringe benefits and payroll taxes, fees, contracts, or
purchases related to business office functions, licenses, and permits except as
provided in the external fixed costs category, employee recognition, travel
including meals and lodging, training, voice and data communication or
transmission, office supplies, liability insurance and other forms of insurance
not designated to other areas, personnel recruitment, legal services,
accounting services, management or business consultants, data processing,
central or home office costs, business meetings and seminars, postage, fees for
professional organizations, subscriptions, security services, advertising,
board of director's fees, working capital interest expense, and bad debts and
bad debt collection fees.
Subd. 6.
[ALLOWED COSTS.] "Allowed costs" means the amounts reported
by the facility which are necessary for the operation of the facility and the care
of residents and which are reviewed by the department for accuracy,
reasonableness, and compliance with this section and generally accepted
accounting principles.
Subd. 7. [CENTER
FOR MEDICARE AND MEDICAID SERVICES.] "Center for Medicare and Medicaid
services" means the federal agency, in the United States Department of
Health and Human Services that administers Medicaid, also referred to as
"CMS."
Subd. 8. [COMMISSIONER.] "Commissioner" means the
commissioner of human services unless specified otherwise.
Subd. 9. [DESK
AUDIT.] "Desk audit" means the establishment of the payment rate
based on the commissioner's review and analysis of required reports, supporting
documentation, and work sheets submitted by the nursing facility.
Subd. 10. [DIETARY
COSTS.] "Dietary costs" means the costs for the salaries and wages
of the dietary supervisor, dietitians, chefs, cooks, dishwashers, and other
employees assigned to the kitchen and dining room, and associated fringe
benefits and payroll taxes. Dietary
costs also includes the salaries or fees of dietary consultants, direct costs
of raw food (both normal and special diet food), dietary supplies, and food
preparation and serving. Also included
are special dietary supplements used for tube feeding or oral feeding, such as
elemental high nitrogen diet, even if written as a prescription item by a
physician.
Subd. 11.
[DIRECT CARE COSTS CATEGORY.] "Direct care costs category"
means costs for nursing services, activities, and social services.
Subd. 12.
[ECONOMIC DEVELOPMENT REGIONS.] "Economic development
regions" are as defined in section 462.385, subdivision 1.
Subd. 13.
[EXTERNAL FIXED COSTS CATEGORY.] "External fixed costs
category" means costs related to the nursing home surcharge under section
256.9657, subdivision 1; licensure fees under section 144.122; long-term care
consultation fees under section 256B.0911, subdivision 6; family advisory
council fee under section 144A.35; scholarships under section 256B.431,
subdivision 36; planned closure rate adjustments under section 256B.437;
property taxes and property insurance; and PERA.
Subd. 14.
[FACILITY AVERAGE CASE MIX INDEX (CMI).] "Facility average case
mix index" or "CMI" means a numerical value score that describes
the relative resource use for all residents within the groups under the
resource utilization group (RUG-III) classification system prescribed by the
commissioner based on an assessment of each resident. The facility average CMI shall be computed as the standardized
days divided by total days for all residents in the facility.
Subd. 15. [FIELD
AUDIT.] "Field audit" means the examination, verification, and
review of the financial records, statistical records, and related supporting
documentation on the nursing home and any related organization.
Subd. 16. [FINAL
RATE.] "Final rate" means the rate established after any
adjustment by the commissioner, including, but not limited to, adjustments
resulting from audits.
Subd. 17.
[FRINGE BENEFIT COSTS.] "Fringe benefit costs" means the
costs for group life, health, dental, workers' compensation, and other employee
insurances and pension, profit-sharing, and retirement plans for which the
employer pays all or a portion of the costs and that are available to at least all
employees who work at least 20 hours per week.
Subd. 18.
[GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.] "Generally Accepted
Accounting Principles" means the body of pronouncements adopted by the
American Institute of Certified Public Accountants regarding proper accounting
procedures, guidelines, and rules.
Subd. 19.
[HOSPITAL-ATTACHED NURSING FACILITY STATUS.] (a) For the purpose of
setting rates under this section, for rate years beginning after September 30,
2006, "hospital-attached nursing facility" means a nursing facility
which meets the requirements of clauses (1) and (2); or (3); or (4), or had
hospital-attached status prior to January 1, 1995, and has been recognized as
having hospital-attached status by CMS continuously since that date:
(1) the nursing facility is recognized by the federal
Medicare program to be a hospital-based nursing facility;
(2) the hospital and nursing facility are physically
attached or connected by a corridor;
(3) a nursing facility and hospital, which have applied for
hospital-based nursing facility status under the federal Medicare program
during the reporting year, shall be considered a hospital-attached nursing
facility for purposes of setting payment rates under this section. The nursing facility must file its cost
report for that reporting year using Medicare principles and Medicare's
recommended cost allocation methods had the Medicare program's hospital-based
nursing facility status been granted to the nursing facility. For each subsequent rate year, the nursing
facility must meet the definition requirements in clauses (1) and (2). If the nursing facility is denied
hospital-based nursing facility status under the Medicare program, the nursing
facility's payment rates for the rate years the nursing facility was considered
to be a hospital-attached nursing facility according to this paragraph shall be
recalculated treating the nursing facility as a non-hospital-attached nursing
facility;
(4) if a nonprofit or community-operated hospital and
attached nursing facility suspend operation of the hospital, the remaining
nursing facility must be allowed to continue its status as hospital-attached
for rate calculations in the three rate years subsequent to the one in which
the hospital ceased operations.
(b) The nursing facility's cost report filed as
hospital-attached facility shall use the same cost allocation principles and
methods used in the reports filed for the Medicare program. Direct identification of costs to the
nursing facility cost center will be permitted only when the comparable
hospital costs have also been directly identified to a cost center which is not
allocated to the nursing facility.
Subd. 20.
[HOUSEKEEPING COSTS.] "Housekeeping costs" means the costs
for the salaries and wages of the housekeeping supervisor, housekeepers, and
other cleaning employees and associated fringe benefits and payroll taxes. It also includes the cost of housekeeping
supplies, including cleaning and lavatory supplies and contract services.
Subd. 21.
[LABOR-RELATED PORTION.] The "labor-related portion" of
direct care costs and of support service costs shall be that portion of costs
that is attributable to wages for all compensated hours, payroll taxes, and
fringe benefits.
Subd. 22.
[LAUNDRY COSTS.] "Laundry costs" means the costs for the
salaries and wages of the laundry supervisor and other laundry employees,
associated fringe benefits, and payroll taxes.
It also includes the costs of linen and bedding, the laundering of
resident clothing, laundry supplies, and contract services.
Subd. 23.
[LICENSEE.] "Licensee" means the individual or organization
listed on the form issued by the Minnesota Department of Health under chapter
144A or sections 144.50 to 144.56.
Subd. 24.
[MAINTENANCE AND PLANT OPERATIONS COSTS.] "Maintenance and plant
operations costs" means the costs for the salaries and wages of the
maintenance supervisor, engineers, heating-plant employees, and other
maintenance employees and associated fringe benefits and payroll taxes. It also includes direct costs for
maintenance and operation of the building and grounds, including fuel,
electricity, medical waste and garbage removal, water, sewer, supplies, tools,
and repairs.
Subd. 25.
[NORMALIZED DIRECT CARE COSTS PER DAY.] "Normalized direct care
costs per day" means direct care costs divided by standardized days. It is the costs per day for direct care
services associated with a RUG's index of 1.00.
Subd. 26.
[NURSING COSTS.] "Nursing costs" means the costs for the
wages of nursing administration, staff education, and direct care registered
nurses, licensed practical nurses, certified nursing assistants, and trained
medication aides; mental health workers and other direct care employees, and
associated fringe benefits and payroll taxes; services from a supplemental
nursing services agency and supplies that are stocked at nursing stations or on
the floor and distributed or used individually, including: alcohol, applicators, cotton balls, incontinence
pads, disposable ice bags, dressings, bandages, water pitchers, tongue
depressors, disposable gloves, enemas, enema equipment, soap, medication cups,
diapers, plastic waste bags, sanitary products, thermometers, hypodermic
needles and syringes, and clinical reagents or similar diagnostic agents, and
drugs which are not paid on a separate fee schedule by the medical assistance
program or any other payer.
Subd. 27.
[NURSING FACILITY.] "Nursing facility" means a facility
with a medical assistance provider agreement that is licensed as a nursing home
under chapter 144A or as a boarding care home under sections 144.50 to 144.56.
Subd. 28.
[OPERATING COSTS.] "Operating costs" means costs associated
with the direct care costs category and the support services costs category.
Subd. 29. [PAYROLL
TAXES.] "Payroll taxes" means the costs for the employer's share
of the FICA and Medicare withholding tax, and state and federal unemployment
compensation taxes.
Subd. 30. [PEER
GROUPS.] Facilities shall be classified into three groups, called "peer
groups," which shall consist of:
(1) C&NC/Short Stay/R80 - facilities that have three or
more admissions per bed per year, are hospital-attached, or are licensed under
Minnesota Rules, parts 9570.2000 to 9570.3600;
(2) boarding care homes - facilities that have more than 50
percent of their beds licensed as boarding care homes; and
(3) standard - all other facilities.
Subd. 31. [PRIOR
RATE-SETTING METHOD.] "Prior rate-setting method" means the rate
determination process in effect prior to October 1, 2006, under Minnesota Rules
and Minnesota Statutes.
Subd. 32.
[PRIVATE PAYING RESIDENT.] "Private paying resident" means
a nursing facility resident who is not a medical assistance recipient and whose
payment rate is not established by another third party, including the veterans
administration or Medicare.
Subd. 33. [RATE
YEAR.] "Rate year" means the 12-month period beginning on October
1 following the second most recent reporting year.
Subd. 34.
[RELATED ORGANIZATION.] "Related organization" means a
person that furnishes goods or services to a nursing facility and that is a
close relative of a nursing facility, an affiliate of a nursing facility, a
close relative of an affiliate of a nursing facility, or an affiliate of a
close relative of an affiliate of a nursing facility. As used in this subdivision, paragraphs (a) to (d) apply:
(a) "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.
(b) "Person" means an individual, a corporation, a
partnership, an association, a trust, an unincorporated organization, or a
government or political subdivision.
(c) "Close relative of an affiliate of a nursing
facility" means an individual whose relationship by blood, marriage, or
adoption to an individual who is an affiliate of a nursing facility is no more
remote than first cousin.
(d) "Control" including the terms
"controlling," "controlled by," and "under common
control with" 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, or to influence in any manner other than through an arms length,
legal transaction.
Subd. 35.
[REPORTING PERIOD.] "Reporting period" means the one-year
period beginning on October 1 and ending on the following September 30 during
which incurred costs are accumulated and then reported on the statistical and
cost report.
Subd. 36.
[RESIDENT DAY OR ACTUAL RESIDENT DAY.] "Resident day" or
"actual resident day" means a day for which nursing services are
rendered and billable, or a day for which a bed is held and billed. The day of admission is considered a
resident day, regardless of the time of admission. The day of discharge is not considered a resident day, regardless
of the time of discharge.
Subd. 37.
[SALARIES AND WAGES.] "Salaries and wages" means amounts
earned by and paid to employees or on behalf of employees to compensate for
necessary services provided. Salaries
and wages include accrued vested vacation and accrued vested sick leave
pay. Salaries and wages must be paid
within 30 days of the end of the reporting period in order to be allowable
costs of the reporting period.
Subd. 38.
[SOCIAL SERVICES COSTS.] "Social services costs" means the
costs for the salaries and wages of the supervisor and other social work
employees, associated fringe benefits and payroll taxes, supplies, services,
and consultants.
Subd. 39.
[STAKEHOLDERS.] "Stakeholders" means individuals and
representatives of organizations interested in long-term care, including
nursing homes, consumers, and labor unions.
Subd. 40.
[STANDARDIZED DAYS.] "Standardized days" means the sum of
resident days by case mix category multiplied by the RUG index for each
category.
Subd. 41.
[STATISTICAL AND COST REPORT.] "Statistical and cost
report" means the forms supplied by the commissioner for annual reporting
of nursing facility expenses and statistics, including instructions and
definitions of items in the report.
Subd. 42.
[SUPPORT SERVICES COSTS CATEGORY.] "Support services costs
category" means the costs for dietary, housekeeping, laundry, maintenance,
and administration.
Subd. 43.
[REPORTING OF STATISTICAL AND COST INFORMATION.] (a) Beginning in
2006, all nursing facilities shall provide information annually to the
commissioner on a form and in a manner determined by the commissioner. The commissioner may also require nursing
facilities to provide statistical and cost information for a subset of the
items in the annual report on a semiannual basis. Nursing facilities shall report only costs directly related to
the operation of the nursing facility.
The facility shall not include costs which are separately reimbursed by
residents, medical assistance, or other payors. Allocations of costs from central, affiliated, or corporate
office and related organization transactions shall be reported according to
section 256B.432. The commissioner may
grant to facilities one extension of up to 15 days for the filing of this
report if the extension is requested by December 15 and the commissioner
determines that the extension will not prevent the commissioner from
establishing rates in a timely manner required by law. The commissioner may separately require
facilities to submit in a manner specified by the commissioner documentation of
statistical and cost information included in the report to ensure accuracy in
establishing payment rates and to perform audit and appeal review functions
under this section. Facilities shall retain all records necessary to
document statistical and cost information on the report for a period of no less
than seven years. The commissioner may
amend information in the report according to subdivision 54. The commissioner may reject a report filed
by a nursing facility under this section if the commissioner determines that
the report has been filed in a form that is incomplete or inaccurate and the
information is insufficient to establish accurate payment rates. In the event that a complete report is not
submitted in a timely manner, the commissioner shall reduce the reimbursement
payments to a nursing facility to 85 percent of amounts due until the
information is filed. The release of
withheld payments shall be retroactive for no more than 90 days. A nursing facility that does not submit a
report or whose report is filed in a timely manner but determined to be
incomplete shall be given written notice that a payment reduction is to be
implemented and allowed ten days to complete the report prior to any payment
reduction. The commissioner may delay
the payment withhold under exceptional circumstances to be determined at the
sole discretion of the commissioner.
(b) Nursing facilities may, within 12 months of the due date
of a statistical and cost report, file an amendment when errors or omissions in
the annual statistical and cost report are discovered and an amendment would
result in a rate increase of at least 0.15 percent of the statewide weighted
average operating payment rate and shall, at any time, file an amendment which
would result in a rate reduction of at least 0.15 percent of the statewide
weighted average operating payment rate.
The commissioner shall make retroactive adjustments to the total payment
rate of a nursing facility if an amendment is accepted. Where a retroactive adjustment is to be made
as a result of an amended report, audit findings, or other determination of an
incorrect payment rate, the commissioner may settle the payment error through a
negotiated agreement with the facility and a gross adjustment of the payments
to the facility. Retroactive adjustments
shall not be applied to private pay residents.
An error or omission for purposes of this item does not include a
nursing facility's determination that an election between permissible
alternatives was not advantageous and should be changed.
(c) If the commissioner determines that a nursing facility
knowingly supplied inaccurate or false information or failed to file an
amendment to a statistical and cost report that resulted in or would result in
an overpayment, the commissioner shall immediately adjust the nursing
facility's payment rate and recover the entire overpayment. The commissioner may also terminate the
commissioner's agreement with the nursing facility and prosecute under
applicable state or federal law.
Subd. 44.
[CALCULATION OF DIRECT CARE PER DIEM COSTS.] The commissioner shall
calculate, for each nursing facility, the normalized per diem cost for direct
care services by dividing the total allowable reported costs for direct care
services by the number of standardized days for the same reporting period.
Subd. 45.
[CALCULATION OF SUPPORT SERVICES PER DIEM COSTS.] The commissioner
shall calculate, for each nursing facility, the per diem cost for support
services by dividing the total allowable reported costs for support services by
the number of resident days for the same reporting period.
Subd. 46.
[CALCULATION OF A QUALITY SCORE.] (a) The commissioner shall
determine a quality score for each nursing facility using quality measures
established in section 256B.439, according to methods determined by the
commissioner in consultation with stakeholders and experts. These methods shall be exempt from the
rulemaking requirements under chapter 14.
(b) For each quality measure, a score shall be determined
with a maximum number of points available and number of points assigned as
determined by the commissioner using the methodology established according to
this subdivision. The scores determined
for all quality measures shall be totaled.
The determination of the quality measures to be used and the methods of
calculating scores may be revised annually by the commissioner.
(c) For the initial rate year under the new payment system,
the quality measures shall include:
(1) staff turnover;
(2) staff retention;
(3) use of pool staff;
(4) quality indicators from the minimum data set; and
(5) survey deficiencies.
(d) For rate years beginning after October 1, 2006, when
making revisions to the quality measures or method for calculating scores, the
commissioner shall publish the methodology in the State Register at least 15
months prior to the start of the rate year for which the revised methodology is
to be used for rate-setting purposes.
The quality score used to determine payment rates shall be established
for a rate year using data submitted in the statistical and cost report from
the associated reporting year, and using data from other sources related to a
period beginning no more than six months prior to the associated reporting
year.
Subd. 47.
[CALCULATION OF PAYMENT RATE FOR DIRECT CARE SERVICES.] For each rate
year, the payment rate for direct care services shall be a variable amount,
determined annually, based on the facility's staffing level in the reporting
year, adjusted for peer group, geography, and case mix.
(a) For each facility, determine the geographic normalized
direct care costs per standardized day according to clauses (1) to (7):
(1) for the costs determined in subdivision 44, for each
facility, determine the portion, as a percent, that is labor-related;
(2) array the values in clause (1) by peer group and select
the median for each peer group;
(3) for each facility, multiply the costs determined in
subdivision 44 by the value determined in clause (2) for its peer group;
(4) divide the value determined in clause (3) by the geographic
adjuster determined in subdivision 50;
(5) for each facility, multiply the costs determined in
subdivision 44 by the value of one minus the value determined in clause (2) for
its peer group;
(6) add the value determined in clause (4) to the value
determined in clause (5); and
(7) divide the value determined in clause (6) by the average
RUG's index for the facility. This
value is the geographic normalized direct care costs per standardized day.
(b) For each facility, determine the wage adjusted direct
care hours per standardized day according to clauses (1) to (4):
(1) determine the statewide average wage rate for each
category of direct care worker;
(2) for each category of direct care worker, determine the
ratio of its weighted average hourly wage rate to the weighted average hourly
wage rate of certified nursing assistants;
(3) for each facility, determine the sum of the compensated
hours for each category of direct care worker times the ratio determined in
clause (2) for that category of direct care worker; and
(4) divide the value in clause (3) by
the number of standardized days in the facility during the reporting
period. This value is the wage adjusted
direct care hours per standardized day.
If this value exceeds the value determined in the prior year, the value
to be used shall be the value that was used in the prior year, except to the
extent an appropriation is made to allow an increase in the value.
(c) For each peer group, array the values determined in
paragraph (b).
(d) In each of the arrays determined in paragraph (c),
select the facilities between the tenth and 20th percentiles inclusive and
determine the average, for these facilities, of the geographic normalized
direct care costs per standardized day determined in paragraph (a), clause
(7). This is the minimum unadjusted
direct care price.
(e) In each of the arrays determined in paragraph (c),
select the facilities between the 80th and the 90th percentiles inclusive and
determine the average, for these facilities, of the geographic normalized
direct care costs per standardized day determined in paragraph (a), clause
(7). This is the maximum unadjusted
direct care price.
(f) The commissioner is authorized to apply multipliers to
the values determined in paragraphs (d) and (e) to assure that expenditures are
within the limits of the appropriation and that funds are not shifted between
peer groups.
(g) Determine the unadjusted direct care price for each
facility according to clauses (1) to (3):
(1) for each facility at the 20th percentile or less in the
arrays in paragraph (c), the unadjusted direct care price shall be the
unadjusted minimum direct care price for that peer group determined in
paragraph (d) as adjusted according to paragraph (f);
(2) for each facility above the 20th percentile and not
above the 80th percentile in the arrays in paragraph (c), the unadjusted direct
care price shall be prorated between the minimum and maximum unadjusted direct
care prices for that peer group as adjusted according to paragraph (f); and
(3) for each facility above the 80th percentile in the
arrays in paragraph (c), the unadjusted direct care price shall be the
unadjusted maximum direct care price for that peer group determined in
paragraph (e), as adjusted according to paragraph (f).
(h) The direct care price for each facility shall be the
value determined in paragraph (g) adjusted for the geographic adjuster of the
facility according to clauses (1) to (4):
(1) the value determined in paragraph (g) shall be
multiplied by the value determined in paragraph (a), clause (2), for the
facility's peer group;
(2) multiply the value determined in clause (1) by the
geographic adjuster determined in subdivision 50;
(3) for each facility, multiply the value determined in
paragraph (g) by the value of one minus the value determined in paragraph (a),
clause (2), for the facility's peer group; and
(4) add the value determined in clause (2) to the value
determined in clause (3). This value
shall be multiplied by the index associated with each RUG's group to determine
the direct care services payment rate for each RUG's group.
Subd. 48.
[CALCULATION OF PAYMENT RATE FOR SUPPORT SERVICES.] The payment rate
for support services shall be a fixed amount adjusted for the facility's peer
group and geography.
(a) For each facility, determine the
geographic normalized support services costs per standardized day according to
clauses (1) to (7):
(1) for the costs determined in subdivision 45, for each
facility, determine the portion, as a percent, that is labor-related;
(2) array the values in clause (1) by peer group and select
the median for each peer group;
(3) for each facility, multiply the costs determined in
subdivision 45 by the value determined in clause (2) for its peer group;
(4) divide the value determined in clause (3) by the
geographic adjuster determined in subdivision 50;
(5) for each facility, multiply the costs determined in
subdivision 45 by the value of one minus the value determined in clause (2) for
its peer group;
(6) add the value determined in clause (4) to the value
determined in clause (5);
(7) array the values determined in clause (6) for each peer
group, and select the 40th percentile; and
(8) the commissioner is authorized to apply multipliers to
the values determined in clause (7) to assure that expenditures are within the
limits of the appropriation and that funds are not shifted between peer
groups. These values shall be the
unadjusted support services payment rate for the three peer groups.
(b) The support services price for each facility shall be
the value determined in paragraph (a), clause (8), adjusted by the geographic
adjuster of the facility according to clauses (1) to (4):
(1) the value determined in paragraph (a), clause (8), shall
be multiplied by the value determined in paragraph (a), clause (2), for the
facility's peer group;
(2) multiply the value determined in clause (1) by the
geographic adjuster determined in subdivision 50;
(3) for each facility, multiply the value determined in
paragraph (a), clause (8), by the value of one minus the value determined in
paragraph (a), clause (2), for the facility's peer group;
(4) add the value determined in clause (2) to the value
determined in clause (3). This value
shall be the support services payment rate for each facility; and
(c) For rate years beginning on or after October 1, 2007,
the value determined in paragraph (b), clause (4), shall not be less than the
value used for the rate year beginning October 1, 2006.
Subd. 49.
[CALCULATION OF QUALITY ADD-ON.] The payment rate for the quality
add-on shall be a variable amount based on each facility's quality score.
(a) For the rate year beginning October 1, 2006, the maximum
quality add-on percent shall be five percent.
When new quality measures are incorporated into the quality score
methodology and when existing quality measures are updated or improved, the
commissioner may increase the maximum quality add-on percent.
(b) For each facility, determine the sum of the values
determined in subdivisions 47 and 48.
(c) For each facility determine a ratio
of the quality score of the facility determined in subdivision 46, less 40 and
then divided by 60. If this value is
less than zero, use the value zero.
(d) For each facility, the quality add-on shall be the value
determined in paragraph (b) times the value determined in paragraph (c) times
the maximum quality add-on percent.
Subd. 50.
[GEOGRAPHIC ADJUSTMENTS OF LABOR-RELATED COSTS.] The commissioner
shall determine adjusters for the labor-related share of the operating rate
which shall be the ratio calculated in paragraphs (a) to (c), using data
reported under subdivision 43. In
paragraphs (a) and (b), use direct care costs and direct care compensated hours
and use only facilities that have reported both.
(a) Calculate the sum of compensation for all facilities in
each economic development region divided by the facilities total compensated
hours.
(b) Calculate the sum of compensation for all facilities in
the state divided by total reported compensated hours of all facilities in the
state.
(c) For each economic development region, divide the value
in paragraph (a) by the value in paragraph (b). These ratios shall be the geographic adjusters for the economic
development regions.
Subd. 51.
[ADJUSTER FOR OPERATING PAYMENT RATES.] (a) The commissioner shall
provide information to the appropriate committee chairs of the legislature by
January 15 of each year specifying adjusters that may be multiplied by the
uninflated payment rates, or by any other factor the commissioner deems
appropriate, for direct care and support service costs determined in
subdivisions 47 and 48. The information
shall include:
(1) the projected change in the CPI-U, between the midpoint
of the reporting year and the midpoint of the rate year, as determined by the
national economic consultant used by the commissioner of finance, for the next
rate year; and
(2) the costs or savings to the state of adjusting payment
rates according to clause (1).
(b) The commissioner may also describe other factors or
methods that may be considered in adjusting rates.
Subd. 52.
[CALCULATION OF PAYMENT RATE FOR EXTERNAL FIXED COSTS.] The
commissioner shall calculate a payment rate for external fixed costs.
(a) For facilities licensed as nursing homes, the portion
related to section 256.9657 shall be equal to $8.86. For facilities licensed as both nursing homes and boarding care
homes, the portion related to section 256.9657 shall be equal to $8.86
multiplied by the ratio of their number of nursing home beds divided by their
total number of active licensed and certified nursing home and boarding care
beds.
(b) The portion related to the licensure fee under section
144.122, paragraph (d), shall be the amount of the fee divided by actual
resident days.
(c) The portion related to scholarships shall be determined
under section 256B.431, subdivision 36.
(d) The portion related to long-term care consultation shall
be determined according to section 256B.0911, subdivision 6.
(e) The portion related to development and education of
resident and family advisory councils under section 144A.33 shall be $5 divided
by 365.
(f) The portion related to planned closure
rate adjustments shall be as determined under section 256B.437.
(g) The portions related to property insurance, real estate
taxes, special assessments, and payments made in lieu of real estate taxes
directly identified or allocated to the nursing facility shall be the actual
amounts divided by actual resident days.
(h) The portion related to PERA shall be actual costs
divided by actual resident days.
(i) The payment rate for external fixed costs shall be the
sum of the amounts in paragraphs (a) to (h).
Subd. 53.
[PHASE-IN.] The commissioner shall implement the operating payment
rate-setting methods in this section according to paragraphs (a) to (j).
(a) Total payment rates effective on June 30, 2006, shall
remain in effect through September 30, 2006.
(b) By August 15 of 2006, 2007, and 2008, the commissioner
shall notify nursing facilities of the operating payment rates they will
receive under both this section and under the prior rate-setting method, of the
blended operating payment rates that will apply based on paragraphs (c) to (i),
and the actual operating payment rate that will result from application of
paragraph (j). For purposes of
determining payment rates under the prior rate-setting method, the RUG's
indices determined under section 256B.438, subdivision 3, paragraph (a), shall
be used. For purposes of determining
payment rates under the new rate-setting method, the RUG's indices determined
under section 256B.438, subdivision 3, paragraph (c), shall be used.
(c) For facilities reimbursed under section 256B.434 on
September 30, 2006, for purposes of determining payment rates under the prior
rate-setting method, and under this section for rate years beginning after June
30, 2006, the rate adjustment under section 256B.434, subdivision 4, paragraph
(c), shall apply only to the property-related payment rate. For facilities reimbursed under section
256B.431 on September 30, 2006, for rate years beginning on and after October
1, 2006, property rates shall continue to be determined under Minnesota Rules,
parts 9549.0010 to 9549.0080.
(d) For the rate year beginning October 1, 2006, for the
operating rate components under the prior rate-setting method, the commissioner
shall use the amounts in effect on June 30, 2006. For the rate years beginning on October 1, 2007, and October
1, 2008, the commissioner shall use the amounts in effect on the prior
September 30.
(e) For RUG's classifications with an effective date prior
to October 1, 2007, the commissioner of health shall apply index maximization
using the indices determined under section 256B.438, subdivision 3, paragraph
(a). For RUG's classifications with an
effective date on or after October 1, 2007, the commissioner of health shall
apply index maximization using the indices determined under section 256B.438,
subdivision 3, paragraph (c).
(f) The blended total payment rate that will apply on
October 1, 2006, shall consist of ten percent of the amount determined under
this section and 90 percent of the amount determined under the prior
rate-setting method.
(g) The blended total payment rate that will apply on
October 1, 2007, shall consist of 40 percent of the amount determined under
this section and 60 percent of the amount determined under the prior
rate-setting method.
(h) The blended total payment rate that will apply on
October 1, 2008, shall consist of 70 percent of the amount determined under
this section and 30 percent of the amount determined under the prior
rate-setting method.
(i) The blended total payment rate that will apply on
October 1, 2009, shall be the amount determined under this section.
(j) For rate years beginning October 1 of 2006, 2007, and
2008, for facilities for which the rate determined under this subdivision as
adjusted according to section 256B.431, subdivision 41, is less than the rate
that was in effect on September 30, 2006, the actual operating payment rate
shall be the rate that was in effect on September 30, 2006. For the rate year beginning October 1, 2009,
for facilities for which the rate determined under this section is less than
the rate determined under the prior rate-setting method, the actual operating
payment rate shall be the rate determined under this section but shall be no
more than $10 less than the rate that was in effect on September 30, 2006. For rate years beginning on or after October
1, 2010, for facilities for which the rate determined under this section is
less than the rate that was in effect on September 30, 2010, the actual
operating payment rate shall be the rate determined under this section.
Subd. 54. [AUDIT
AUTHORITY.] (a) The commissioner may subject reports and supporting
documentation to desk and field audits to determine compliance with this
section. Retroactive adjustments shall
be made as a result of desk or field audit findings if the cumulative impact of
the finding would result in a rate adjustment of at least 0.15 percent of the
statewide weighted average operating payment rate. If a field audit reveals inadequacies in a nursing facility's
record keeping or accounting practices, the commissioner may require the
nursing facility to engage competent professional assistance to correct those
inadequacies within 90 days so that the field audit may proceed.
(b) Field audits may cover the four most recent annual
statistical and cost reports for which desk audits have been completed and
payment rates have been established.
The field audit must be an independent review of the nursing facility's
statistical and cost report. All
transactions, invoices, or other documentation that support or relate to the
statistics and costs claimed on the annual statistical and cost reports are
subject to review by the field auditor.
If the provider fails to provide the field auditor access to supporting
documentation related to the information reported on the statistical and cost
report within the time period specified by the commissioner, the commissioner
shall calculate the total payment rate by disallowing the cost of the items for
which access to the supporting documentation is not provided.
(c) Changes in the total payment rate which result from desk
or field audit adjustments to statistical and cost reports for reporting years
earlier than the four most recent annual cost reports must be made to the four
most recent annual statistical and cost reports, the current statistical and
cost report, and future statistical and cost reports to the extent that those
adjustments affect the total payment rate established by those reporting years.
(d) The commissioner shall extend the period for retention
of records under subdivision 43 for purposes of performing field audits as
necessary to enforce section 256B.48 with written notice to the facility
postmarked no later than 90 days prior to the expiration of the record
retention requirement.
Subd. 55.
[REMEDIES FOR DISPUTES.] The commissioner shall provide remedies for
disputes under this section.
(a) A provider may appeal a determination of a payment rate
established under this section if the appeal, if successful, would result in a
change to the provider's payment rate of at least 0.15 percent of the statewide
weighted average operating payment rate.
Appeals must be filed according to procedures in this subdivision.
(b) To appeal, the provider shall file with the commissioner
a written notice of appeal and the appeal must be postmarked or received by the
commissioner within 60 days of the date the determination of the payment rate
was mailed or personally received by a provider, whichever is earlier.
(c) The notice of appeal must specify:
(1) each disputed item;
(2) the reason for the dispute;
(3) the computation that the provider believes is correct;
(4) the impact upon the facility's payment rate if the
appeal is successful;
(5) the authority in statute or rule upon which the provider
relies for each disputed item;
(6) the name and address of the person or firm with whom
contacts may be made regarding the appeal; and
(7) additional information the provider wishes to offer with
the appeal to support the provider's position.
The commissioner may request additional information to clarify the
provider's position.
(d) The commissioner shall review appeals and issue a
written appeal determination on each appealed item within 180 days of the due
date of the appeal. Upon mutual
agreement, the commissioner and the provider may extend the time for issuing a
determination for a specified period.
The appeal determination takes effect 30 days following the date of
issuance specified in the determination.
(e) For an appeal item on which the provider disagrees with
the appeal determination, the provider may request reconsideration. A request for reconsideration must be
postmarked or received by the commissioner within 30 days of the date of
issuance of the determination. A
request for reconsideration delays the date on which the determination takes
effect. The appeal determination and
any changes resulting from reconsideration shall be implemented 30 days
following the issuance of the reconsideration response.
(f) For an appeal item on which the provider disagrees with
the appeal determination and the reconsideration response, if any, the provider
may file with the commissioner a written demand for a contested case hearing to
determine the proper resolution of specified appeal items. The demand must be postmarked or received by
the commissioner within 30 days of the date of issuance specified in the
determination or within 30 days of the issuance of the reconsideration
response, if reconsideration was requested.
A demand for a contested case hearing for an appeal item nullifies the
written appeal determination issued by the commissioner for that appeal
item. The commissioner shall refer any
demand for a contested case hearing to the Office of the Attorney General.
(g) A contested case hearing shall be heard by an
administrative law judge according to sections 14.48 to 14.56. In any proceeding under this section, the
appealing party must demonstrate by a preponderance of the evidence that the
determination of a payment rate is incorrect.
(h) Regardless of any rate appeal, the rate established must
be the rate paid and must remain in effect until final resolution of the appeal
or a subsequent rate determination.
(i) A provider shall not use this process to challenge the
method of determining a quality score under subdivision 46; or the
commissioner's determination under subdivision 56 to negotiate rates. This process does not apply to a request
from a resident or nursing facility for reconsideration of the classification
of a resident under section 144.0722 or 144.0724.
Subd. 56.
[INTERIM RATES.] (a) The commissioner shall determine interim payment
rates for nursing facilities that have no cost history. The facilities shall provide statistical and
cost information, according to subdivision 43, on a prospective basis. The commissioner shall establish an interim
rate using the quality score of the nursing facility at the 60th percentile,
direct care costs according to a budget negotiated with the provider and the
methods provided in subdivision 47. The
interim rate shall apply until a rate can be established under this
section. Upon providing final
information under subdivision 43 for the interim rate period, the commissioner shall
determine that an overpayment has occurred if the interim payment rate for
direct care costs exceeded the final rate for direct care costs by an amount
greater than four percent, and shall recover any overpayment.
In the event of an overpayment, the commissioner may allow
up to six months for complete repayment if the provider demonstrates that
immediate repayment of the overpayment would result in an undue hardship to the
operation of the facility.
(b) The commissioner may negotiate an interim rate with a
nursing facility, according to the process in paragraph (a), when that facility
has been purchased by an unrelated party within the last six months. In determining if negotiations shall be
initiated, the commissioner shall consider:
(1) the potential inadequacy of current rates as evidenced
by the position in the arrays of operating costs of the rates of the requesting
facility;
(2) preventing closure of facilities in under-bedded areas
of the state, as measured by the number of beds per 1,000 elderly in the county
or in contiguous counties in which the facility is located;
(3) the ability of the purchaser to provide high quality
services as evidenced by high quality scores of any other facility under the
control of the purchaser operating in Minnesota;
(4) the ability of the purchasing entity to operate
efficiently as evidenced by the difference between the operating costs and
target prices of the other facility or facilities under the control of the
purchaser operating in Minnesota;
(5) previous success of the purchaser with negotiated
interim rates;
(6) the financial soundness of the purchaser;
(7) avoiding negotiating interim rates with purchasers who
have sold facilities that then requested interim rate negotiation; and
(8) avoiding too much consolidation of the nursing facility
industry within any small number of providers.
Sec. 22. Minnesota
Statutes 2004, 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 change in the case-mix classification of the resident. If the state fails to set rates as required
by section 256B.431 256B.441, 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 256B.441, 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. 23. Laws 2004,
chapter 267, article 12, section 4, is amended to read:
Sec. 4. [EFFECTIVE
DATE.]
(a) Section 1, relating to the Fair Oaks Lodge, Wadena, is
effective upon the latter of:
(1) the day after the governing body of Todd County and its
chief clerical officer timely complete their compliance with Minnesota
Statutes, section 645.021, subdivisions 2 and 3; and
(2) the day after the governing body of Wadena County and its
chief clerical officer timely complete their compliance with Minnesota
Statutes, section 645.021, subdivisions 2 and 3.
(b) Section 1, relating to the RenVilla Nursing Home, is
effective upon the latter of:
(1) the day after the governing body of the city of Renville
and its chief clerical officer timely complete their compliance with Minnesota
Statutes, section 645.021, subdivisions 2 and 3, except that the certificate
of approval must be filed before January 1, 2006; and
(2) the first day of the month next following certification to
the governing body of the city of Renville by the executive director of the
Public Employees Retirement Association that the actuarial accrued liability of
the special benefit coverage proposed for extension to the privatized RenVilla
Nursing Home employees under section 1 does not exceed the actuarial gain
otherwise to be accrued by the Public Employees Retirement Association, as
calculated by the consulting actuary retained by the Legislative Commission on
Pensions and Retirement, or the actuary retained under Minnesota Statutes,
section 356.214, whichever is applicable.
(c) The cost of the actuarial calculations must be borne by the
city of Renville or the purchaser of the RenVilla Nursing Home.
(d) Section 1, relating to the St. Peter Community Healthcare
Center, is effective upon the latter of:
(1) the day after the governing body of the city of St. Peter
and its chief clerical officer timely complete their compliance with Minnesota
Statutes, section 645.021, subdivisions 2 and 3; and
(2) the first day of the month next following certification to
the governing body of the city of St. Peter by the executive director of the
Public Employees Retirement Association that the actuarial accrued liability of
the special benefit coverage proposed for extension to the privatized St. Peter
Community Healthcare Center employees under section 1 does not exceed the
actuarial gain otherwise to be accrued by the Public Employees Retirement
Association, as calculated by the consulting actuary retained by the
Legislative Commission on Pensions and Retirement, or the actuary retained
under Minnesota Statutes, section 356.214, whichever is applicable.
(e) The cost of the actuarial calculations must be borne by the
city of St. Peter or the purchaser of the St. Peter Community Healthcare
Center.
(f) If the required actions under paragraphs (b) and (c) occur,
section 1 applies retroactively to the RenVilla Nursing Home as of the date of
privatization.
(g) If the required actions under paragraph (a) occur, section
1 applies retroactively to Fair Oaks Lodge, Wadena, as of January 1, 2004.
(h) Sections 2 and 3 are effective on the day following final
enactment.
Sec. 24. [MORATORIUM
PROJECT DEADLINE EXTENSION IN AITKIN COUNTY.]
Notwithstanding Minnesota Statutes, section 144A.073,
subdivisions 3 and 10, the commissioner of health shall extend the project
approval until December 31, 2006, for a nursing home moratorium exception project
that was approved under Minnesota Statutes, section 144A.073, in 2002 to
remodel a 48-bed facility in Aitkin County.
Sec. 25. [MORATORIUM
PROJECT DEADLINE EXTENSION IN RENVILLE COUNTY.]
Notwithstanding Minnesota Statutes, section 144A.073, subdivisions
3 and 10, the commissioner of health shall extend the project approval until
December 31, 2006, for a nursing home moratorium exception project that was
approved under Minnesota Statutes, section 144A.073, in 2002 to remodel a
60-bed facility in Renville County.
Sec. 26.
[RECOMMENDATIONS ON CRITERIA AND RATE NEGOTIATIONS FOR NURSING
FACILITIES.]
The commissioner of human services shall provide
recommendations to the legislature by December 15, 2006, defining criteria and
rate negotiations for nursing facilities that provide specialized care or that
have extenuating circumstances requiring a negotiated rate. The commissioner shall also provide
recommendations to the legislature on changes to the current nursing facility
property system by December 15, 2006.
ARTICLE
5
CONTINUING
CARE FOR THE ELDERLY AND DISABLED
Section 1. Minnesota
Statutes 2004, 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 to the cost of services used by making monthly
payments on a sliding scale based on income, 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 computed by applying the following schedule of rates to
the adjusted gross income of the natural or adoptive parents:
(1) 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) if the adjusted gross income is equal to or greater than
175 percent of federal poverty guidelines and less than or equal to 375 545
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 7.5 percent of adjusted gross
income for those with adjusted gross income up to 375 545 percent
of federal poverty guidelines;
(3) if the adjusted gross income is greater than 375 545
percent of federal poverty guidelines and less than 675 percent of federal
poverty guidelines, the parental contribution shall be 7.5 percent of adjusted
gross income;
(4) if the adjusted gross income is equal to or greater than
675 percent of federal poverty guidelines and less than 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 7.5 percent of adjusted gross income at 675 percent of federal
poverty guidelines and increases to ten percent of adjusted gross income for
those with adjusted gross income up to 975 percent of federal poverty
guidelines; and
(5) if the adjusted gross income is equal to or greater than
975 percent of federal poverty guidelines, the parental contribution shall be
12.5 percent of adjusted gross income.
If the child lives with the parent, the
annual adjusted gross income is reduced by $2,400 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, 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, except, effective retroactive to July
1, 2003, taxable capital gains to the extent the funds have been used to
purchase a home shall not be counted as income.
(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). 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 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.
Sec. 2. [256B.0185]
[REQUIRED REPORT.]
Subdivision 1.
[PENDING APPLICATION.] By December 15 of both 2005 and 2006, the
commissioner must deliver to the legislature a report that identifies:
(1) each county in which an application for medical
assistance from a person identified as residing in a long-term care facility is
or was pending, at any time between January 1 and December 1 of the calendar
year to which the report relates, for more than 60 days in the case of a person
who is disabled, or for more than 45 days in the case of a person who is age 65
or older; and
(2) for each of the identified counties: the number of applications described in
clause (1), the average number of days the applications were pending, the
distribution of days for applications that were pending, and what percentage of
the applications, respectively, the county approved and denied.
Subd. 2. [TIME
TO PROCESS APPLICATION.] The report must include specific recommendations
for how counties, as a group, could shorten the time it takes to act on the
applications described in subdivision 1, clause (1).
Sec. 3. Minnesota
Statutes 2004, 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 and other
obligations under paragraph (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 July 1, 2005, for
enrollees whose income does not exceed 200 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).
(5) 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.
(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.
(f) Any required premium shall be determined at application and
redetermined at the enrollee's six-month income review or when a change in
income or household size 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 the next available billing month after the
change is reported. Except for changes
occurring from annual cost-of-living increases, a change resulting in an
increased premium shall not affect the premium amount until the next six-month
review.
(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.
(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.
Sec. 4. [256B.0571]
[LONG-TERM CARE PARTNERSHIP.]
Subdivision 1.
[DEFINITIONS.] For purposes of this section, the following terms have
the meanings given them.
Subd. 2. [HOME
CARE SERVICE.] "Home care service" means care described in section
144A.43.
Subd. 3.
[LONG-TERM CARE INSURANCE.] "Long-term care insurance"
means a policy described in section 62S.01.
Subd. 4.
[MEDICAL ASSISTANCE.] "Medical assistance" means the
program of medical assistance established under section 256B.01.
Subd. 5.
[NURSING HOME.] "Nursing home" means a nursing home as
described in section 144A.01.
Subd. 6.
[PARTNERSHIP POLICY.] "Partnership policy" means a
long-term care insurance policy that meets the requirements under subdivision
10.
Subd. 7.
[PARTNERSHIP PROGRAM.] "Partnership program" means the
Minnesota partnership for long-term care program established under this
section.
Subd. 8.
[PROGRAM ESTABLISHED.] (a) The commissioner, in cooperation with the
commissioner of commerce, shall establish the Minnesota partnership for
long-term care program to provide for the financing of long-term care through a
combination of private insurance and medical assistance.
(b) An individual who meets the requirements in this
paragraph is eligible to participate in the partnership program. The individual must:
(1) be a Minnesota resident;
(2) purchase a partnership policy that is delivered, issued
for delivery, or renewed on or after the effective date of this section, and
maintain the partnership policy in effect throughout the period of
participation in the partnership program; and
(3) exhaust the minimum benefits under the partnership
policy as described in this section.
Benefits received under a long-term care insurance policy before the
effective date of this section do not count toward the exhaustion of benefits
required in this subdivision.
Subd. 9.
[MEDICAL ASSISTANCE ELIGIBILITY.] (a) Upon application of an
individual who meets the requirements described in subdivision 8, the
commissioner shall determine the individual's eligibility for medical
assistance according to paragraphs (b) and (c).
(b) After disregarding financial assets exempted under
medical assistance eligibility requirements, the commissioner shall disregard
an additional amount of financial assets equal to the dollar amount of coverage
utilized under the partnership policy.
(c) The commissioner shall consider the individual's income
according to medical assistance eligibility requirements.
Subd. 10.
[APPROVED POLICIES.] (a) A partnership policy must meet all of the
requirements in paragraphs (b) to (h).
(b) Minimum coverage shall be for a period of not less than
three years and for a dollar amount equal to 36 months of nursing home care at
the minimum daily benefit rate determined and adjusted under paragraph
(c). The policy shall provide for home
health care benefits to be substituted for nursing home care benefits on the
basis of two home health care days for one nursing home care day.
(c) Minimum daily benefits shall be $150 for nursing home
care or $75 for home care, with inflation protection provided in the policy as
described in section 62S.23, subdivision 1, clause (1). These minimum daily benefit amounts shall
also be adjusted by the commissioner on October 1 of each year by a percentage
equal to the inflation protection feature described in section 62S.23,
subdivision 1, clause (1), for purposes of setting minimum requirements that a
policy must meet in future years in order to initially qualify as an approved
policy under this subdivision. Adjusted
minimum daily benefit amounts shall be rounded to the nearest whole dollar.
(d) A third party designated by the insured shall be
entitled to receive notice if the policy is about to lapse for nonpayment of
premium, and an additional 30-day grace period for payment of premium shall be
granted following notification to that person.
(e) The policy must cover all of the following services:
(1) nursing home stay;
(2) home care service;
(3) care management; and
(4) up to 14 days of nursing care in a hospital while the
individual is waiting for long-term care placement.
(f) Payment for service under paragraph (e), clause (4),
must not exceed the daily benefit amount for nursing home care.
(g) A partnership policy must offer, as an option for an
adjusted premium, an elimination period of not more than 180 days.
(h) An issuer of a partnership policy must comply with any
federal law authorizing partnership policies in Minnesota, including any
federal regulations, as amended, adopted under that law. This paragraph does not require compliance
with any provision of this federal law until the date upon which the law
requires compliance with the provision.
The commissioner has authority to enforce this paragraph.
Subd. 11.
[LIMITATIONS ON ESTATE RECOVERY.] For an individual determined
eligible for medical assistance under subdivision 9, the state shall not seek
recovery under the provisions of section 256B.15 against the estate of the
individual or individual's spouse for medical assistance benefits received by
that individual.
Subd. 12.
[EFFECTIVE DATE.] (a) If any provision of this section is prohibited
by federal law, no provision shall become effective until federal law is
changed to permit its full implementation.
The commissioner of human services shall notify the revisor of statutes
when federal law is enacted 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 federal law is changed to permit a waiver of any
provisions prohibited by federal law, the commissioner of human services shall
apply to the federal government 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.
Sec. 5. Minnesota
Statutes 2004, section 256B.0621, subdivision 2, is amended to read:
Subd. 2. [TARGETED CASE
MANAGEMENT; DEFINITIONS.] For purposes of subdivisions 3 to 10, the following
terms have the meanings given them:
(1) "home care service recipients" means those
individuals receiving the following services under section 256B.0627: skilled
nursing visits, home health aide visits, private duty nursing, personal care
assistants, or therapies provided through a home health agency;
(2) "home care targeted case management" means the
provision of targeted case management services for the purpose of assisting
home care service recipients to gain access to needed services and supports so
that they may remain in the community;
(3) "institutions" means hospitals, consistent with
Code of Federal Regulations, title 42, section 440.10; regional treatment
center inpatient services, consistent with section 245.474; nursing facilities;
and intermediate care facilities for persons with mental retardation;
(4) "relocation targeted case management" means
includes the provision of both county targeted case management and
public or private vendor service coordination services for the purpose of
assisting recipients to gain access to needed services and supports if they
choose to move from an institution to the community. Relocation targeted case management may be provided during the
last 180 consecutive days of an eligible recipient's institutional stay; and
(5) "targeted case management" means case management
services provided to help recipients gain access to needed medical, social,
educational, and other services and supports.
Sec. 6. Minnesota
Statutes 2004, section 256B.0621, subdivision 3, is amended to read:
Subd. 3. [ELIGIBILITY.]
The following persons are eligible for relocation targeted case management or
home care-targeted care targeted case management:
(1) medical assistance eligible persons residing in
institutions who choose to move into the community are eligible for relocation
targeted case management services; and
(2) medical assistance eligible persons receiving home care
services, who are not eligible for any other medical assistance reimbursable
case management service, are eligible for home care-targeted care
targeted case management services beginning January 1, 2003 July
1, 2005.
Sec. 7. Minnesota
Statutes 2004, section 256B.0621, subdivision 4, is amended to read:
Subd. 4. [RELOCATION
TARGETED COUNTY CASE MANAGEMENT PROVIDER QUALIFICATIONS.] (a) A
relocation targeted county 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 county 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. Counties
must require that contracted providers must provide information on all
conflicts of interest and obtain the recipient's informed consent or provide
the recipient with alternatives.
Sec. 8. Minnesota
Statutes 2004, section 256B.0621, subdivision 5, is amended to read:
Subd. 5.
[HOME CARE TARGETED CASE MANAGEMENT AND RELOCATION SERVICE
COORDINATION PROVIDER QUALIFICATIONS.] The following qualifications and certification
standards must be met by Providers of home care targeted case management and
relocation service coordination must meet the qualifications under subdivision
4 for county vendors or the qualifications and certification standards under
paragraphs (a) and (b) for private vendors.
(a) The commissioner must certify each provider of home care
targeted case management and relocation service coordination before
enrollment. The certification process
shall examine the provider's ability to meet the requirements in this
subdivision and other state and federal requirements of this service.
(b) A Both home care targeted case management provider
is an providers and relocation service coordination providers are
enrolled medical assistance provider providers who has have
a minimum of a bachelor's degree or a license in a health or human services
field, or comparable training and two years of experience in human services,
and is have been determined by the commissioner to have all of
the following characteristics:
(1) the demonstrated capacity and experience to provide the
components of case management to coordinate and link community resources needed
by the eligible population;
(2) 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;
(3) a financial management system that provides accurate
documentation of services and costs under state and federal requirements;
(4) the capacity to document and maintain individual case
records under state and federal requirements; and
(5) the capacity to coordinate with county administrative
functions;
(6) have no financial interest in the provision of
out-of-home residential services to persons for whom home care targeted case
management or relocation service coordination is provided; and
(7) if a provider has a financial interest in services other
than out-of-home residential services provided to persons for whom home care
targeted case management or relocation service coordination is also provided,
the county must determine each year that:
(i) any possible conflict of interest is explained annually
at a face-to-face meeting and in writing and the person provides written
informed consent consistent with section 256B.77, subdivision 2, paragraph (p);
and
(ii) information on a range of other feasible service
provider options has been provided.
Sec. 9. Minnesota
Statutes 2004, section 256B.0621, subdivision 6, is amended to read:
Subd. 6. [ELIGIBLE
SERVICES.] (a) Services eligible for medical assistance reimbursement as
targeted case management include:
(1) assessment of the recipient's need for targeted case
management services and for persons choosing to relocate, the county must
provide service coordination provider options at the first contact and upon
request;
(2) development, completion, and regular review of a written
individual service plan, which is based upon the assessment of the recipient's
needs and choices, and which will ensure access to medical, social,
educational, and other related services and supports;
(3) routine contact or communication with the recipient,
recipient's family, primary caregiver, legal representative, substitute care
provider, service providers, or other relevant persons identified as necessary
to the development or implementation of the goals of the individual service
plan;
(4) coordinating referrals for, and the provision of, case
management services for the recipient with appropriate service providers,
consistent with section 1902(a)(23) of the Social Security Act;
(5) coordinating and monitoring the overall service delivery and
engaging in advocacy as needed to ensure quality of services,
appropriateness, and continued need;
(6) completing and maintaining necessary documentation that
supports and verifies the activities in this subdivision;
(7) traveling assisting individuals in order to
access needed services, including travel to conduct a visit with the
recipient or other relevant person necessary to develop or implement the goals
of the individual service plan; and
(8) coordinating with the institution discharge planner in the
180-day period before the recipient's discharge.
(b) Relocation targeted county case management includes
services under paragraph (a), clauses (1), (2), and (4). Relocation service coordination includes
services under paragraph (a), clauses (3) and (5) to (8). Home care targeted case management includes
services under paragraph (a), clauses (1) to (8).
Sec. 10. Minnesota
Statutes 2004, section 256B.0621, subdivision 7, is amended to read:
Subd. 7. [TIME LINES.]
The following time lines must be met for assigning a case manager:
(a) For relocation targeted case management, an eligible
recipient must be assigned a county case manager who visits the person
within 20 working days of requesting a case manager from their county of
financial responsibility as determined under chapter 256G.
(1) If a county agency, its contractor, or federally recognized
tribe does not provide case management services as required, the recipient may
obtain targeted relocation case management services relocation service
coordination from an alternative a provider of targeted
case management services enrolled by the commissioner qualified under
subdivision 5.
(2) The commissioner may waive the provider requirements in
subdivision 4, paragraph (a), clauses (1) and (4), to ensure recipient access
to the assistance necessary to move from an institution to the community. The recipient or the recipient's legal
guardian shall provide written notice to the county or tribe of the decision to
obtain services from an alternative provider.
(3) Providers of relocation targeted case management enrolled
under this subdivision shall:
(i) meet the provider requirements under subdivision 4 that are
not waived by the commissioner;
(ii) be qualified to provide the services specified in
subdivision 6;
(iii) coordinate efforts with local social service agencies and
tribes; and
(iv) comply with the conflict of interest provisions
established under subdivision 4, paragraph (c).
(4) Local social service agencies and federally recognized
tribes shall cooperate with providers certified by the commissioner under this
subdivision to facilitate the recipient's successful relocation from an
institution to the community.
(b) For home care targeted case management, an eligible recipient
must be assigned a case manager within 20 working days of requesting a case
manager from a home care targeted case management provider, as defined in
subdivision 5.
Sec. 11.
Minnesota Statutes 2004, section 256B.0621, is amended by adding a subdivision
to read:
Subd. 11. [DATA
USE AGREEMENT AND NOTICE OF RELOCATION TARGETED CASE MANAGEMENT AVAILABILITY.] The
commissioner shall execute a data use agreement with the Centers for Medicare
and Medicaid Services to obtain the long-term care minimum data set data to
assist residents of nursing facilities who have indicated a desire to live in
the community. The commissioner shall
in turn enter into agreements with the Centers for Independent Living to provide
information about assistance for persons who want to move to the community.
Sec. 12. Minnesota
Statutes 2004, section 256B.0625, subdivision 2, is amended to read:
Subd. 2. [SKILLED AND
INTERMEDIATE NURSING CARE.] Medical assistance covers skilled nursing home
services and services of intermediate care facilities, including training and
habilitation services, as defined in section 252.41, subdivision 3, for persons
with mental retardation or related conditions who are residing in intermediate
care facilities for persons with mental retardation or related conditions. Medical assistance must not be used to pay
the costs of nursing care provided to a patient in a swing bed as defined in
section 144.562, unless (a) the facility in which the swing bed is located is
eligible as a sole community provider, as defined in Code of Federal
Regulations, title 42, section 412.92, or the facility is a public hospital
owned by a governmental entity with 15 or fewer licensed acute care beds; (b)
the Centers for Medicare and Medicaid Services approves the necessary state
plan amendments; (c) the patient was screened as provided by law; (d) the
patient no longer requires acute care services; and (e) no nursing home beds
are available within 25 miles of the facility.
The commissioner shall exempt a facility from compliance with the
sole community provider requirement in clause (a) if, as of January 1, 2004,
the facility had an agreement with the commissioner to provide medical
assistance swing bed services. Medical assistance also covers up to ten
days of nursing care provided to a patient in a swing bed if: (1) the patient's physician certifies that
the patient has a terminal illness or condition that is likely to result in
death within 30 days and that moving the patient would not be in the best
interests of the patient and patient's family; (2) no open nursing home beds
are available within 25 miles of the facility; and (3) no open beds are
available in any Medicare hospice program within 50 miles of the facility. The daily medical assistance payment for nursing
care for the patient in the swing bed is the statewide average medical
assistance skilled nursing care per diem as computed annually by the
commissioner on July 1 of each year.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to medical
assistance payments for swing bed services provided on or after March 5, 2005.
Sec. 13. Minnesota
Statutes 2004, 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 would be eligible for medical assistance within 180 120
days of admission to a nursing facility and subject to subdivisions 4 to 13.
Sec. 14. Minnesota
Statutes 2004, 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 180 120 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;
(6) the monthly cost of the alternative care services funded by
the program for this person does not exceed 75 percent of the 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 paragraph; and
(7) the person is making timely payments of the assessed
monthly fee.
A person is ineligible if
payment of the fee is over 60 days past due, unless the person agrees to:
(i) the appointment of a representative payee;
(ii) automatic payment from a financial account;
(iii) the establishment of greater family involvement in the
financial management of payments; or
(iv) another method acceptable to the county to ensure prompt
fee payments.
The county shall extend the client's eligibility as necessary
while making arrangements to facilitate payment of past-due amounts and future
premium payments. Following
disenrollment due to nonpayment of a monthly fee, eligibility shall not be
reinstated for a period of 30 days.
(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,
alternative care funds may not be used to pay for any service the cost of
which: (i) is payable by medical
assistance; (ii) is used by a recipient to meet a 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 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. 15.
Minnesota Statutes 2004, section 256B.0916, is amended by adding a
subdivision to read:
Subd. 10.
[TRANSITIONAL SUPPORTS ALLOWANCE.] A transitional supports allowance
shall be available to all persons under a home and community-based waiver who
are moving from a licensed setting to a community setting. "Transitional supports allowance"
means a onetime payment of up to $3,000, to cover the costs, not covered by
other sources, associated with moving from a licensed setting to a community
setting. Covered costs include:
(1) lease or rent deposits;
(2) security deposits;
(3) utilities set-up costs, including telephone;
(4) essential furnishings and supplies; and
(5) personal supports and transports needed to locate and transition
to community settings.
[EFFECTIVE DATE.] This
section is effective upon federal approval and to the extent approved as a
federal waiver amendment.
Sec. 16. Minnesota
Statutes 2004, section 256B.095, is amended to read:
256B.095 [QUALITY ASSURANCE SYSTEM ESTABLISHED.]
(a) Effective July 1, 1998, a quality assurance system for
persons with developmental disabilities, which includes an alternative quality
assurance licensing system for programs, 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 or may continue regulation of these programs under the
licensing system operated by the commissioner.
The project expires on June 30, 2007 2009.
(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.
Sec. 17. Minnesota
Statutes 2004, section 256B.0951, subdivision 1, is amended to read:
Subdivision 1.
[MEMBERSHIP.] The 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.
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, 2007 2009.
Sec. 18. Minnesota
Statutes 2004, section 256B.0952, subdivision 5, is amended to read:
Subd. 5. [QUALITY
ASSURANCE TEAMS.] Quality assurance teams shall be comprised of county staff;
providers; consumers, families, and their legal representatives; members of
advocacy organizations; and other involved community members. Team members must satisfactorily complete
the training program approved by the commission and must demonstrate
performance-based competency. Team
members are not considered to be county employees for purposes of workers'
compensation, unemployment insurance, or state retirement laws solely on the
basis of participation on a quality assurance team. The county may pay a per diem to team members who do not
receive a salary or wages from an employer for time spent on alternative
quality assurance process matters. All
team members may be reimbursed for expenses related to their participation in
the alternative process.
Sec. 19. Minnesota
Statutes 2004, section 256B.0953, subdivision 1, is amended to read:
Subdivision 1. [PROCESS
COMPONENTS.] (a) The quality assurance licensing process consists of an
evaluation by a quality assurance team of the facility, program, or service
according to outcome-based measurements.
The process must include an evaluation of a random sample of program
consumers. The sample must be
representative of each service provided.
The sample size must be at least five percent of consumers but not less
than three two consumers.
(b) All consumers must be given the opportunity to be included
in the quality assurance process in addition to those chosen for the random
sample.
Sec. 20. Minnesota
Statutes 2004, 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;
(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 July 1, 2004, 80 95 percent state
funds and 20 five 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 July 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.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 21. Minnesota
Statutes 2004, section 256B.49, subdivision 16, is amended to read:
Subd. 16. [SERVICES AND
SUPPORTS.] (a) Services and supports included in the home and community-based
waivers for persons with disabilities shall meet the requirements set out in
United States Code, title 42, section 1396n.
The services and supports, which are offered as alternatives to
institutional care, shall promote consumer choice, community inclusion,
self-sufficiency, and self-determination.
(b) Beginning January 1, 2003, the commissioner shall simplify
and improve access to home and community-based waivered services, to the extent
possible, through the establishment of a common service menu that is available
to eligible recipients regardless of age, disability type, or waiver program.
(c) Consumer directed community support services shall be
offered as an option to all persons eligible for services under subdivision 11,
by January 1, 2002.
(d) Services and supports shall be arranged and provided
consistent with individualized written plans of care for eligible waiver
recipients.
(e) A transitional supports allowance shall be available to
all persons under a home and community-based waiver who are moving from a
licensed setting to a community setting.
"Transitional supports allowance" means a onetime payment of
up to $3,000, to cover the costs, not covered by other sources, associated with
moving from a licensed setting to a community setting. Covered costs include:
(1) lease or rent deposits;
(2) security deposits;
(3) utilities set-up costs, including telephone;
(4) essential furnishings and supplies; and
(5) personal supports and transports needed to locate and
transition to community settings.
(f) The state of Minnesota and county agencies that
administer home and community-based waivered services for persons with
disabilities, shall not be liable for damages, injuries, or liabilities
sustained through the purchase of supports by the individual, the individual's
family, legal representative, or the authorized representative with funds
received through the consumer-directed community support service under this
section. Liabilities include but are
not limited to: workers' compensation
liability, the Federal Insurance Contributions Act (FICA), or the Federal
Unemployment Tax Act (FUTA).
[EFFECTIVE DATE.] This
section is effective upon federal approval and to the extent approved as a
federal waiver amendment.
Sec. 22. Minnesota
Statutes 2004, section 256B.5012, is amended by adding a subdivision to read:
Subd. 6. [ICF/MR
RATE INCREASES BEGINNING OCTOBER 1, 2005, AND OCTOBER 1, 2006.] For the rate
years beginning October 1, 2005, and October 1, 2006, the commissioner shall
provide facilities reimbursed under this section an adjustment to the total
operating payment rate of two percent.
At least two-thirds of each year's adjustment must be used for increased
costs of employee salaries and benefits and associated costs for FICA, the
Medicare tax, workers' compensation premiums, and federal and state
unemployment insurance. Each facility
receiving an adjustment shall report to the commissioner, in the form and
manner specified by the commissioner, on how the additional funding was used.
Sec. 23. Minnesota
Statutes 2004, section 256B.69, subdivision 23, is amended to read:
Subd. 23. [ALTERNATIVE
INTEGRATED LONG-TERM CARE SERVICES; ELDERLY AND DISABLED PERSONS.] (a) The
commissioner may implement demonstration projects to create alternative
integrated delivery systems for acute and long-term care services to elderly
persons and persons with disabilities as defined in section 256B.77, subdivision
7a, that provide increased coordination, improve access to quality services,
and mitigate future cost increases. The
commissioner may seek federal authority to combine Medicare and Medicaid
capitation payments for the purpose of such demonstrations. Medicare funds and services shall be
administered according to the terms and conditions of the federal waiver and
demonstration provisions. For the
purpose of administering medical assistance funds, demonstrations under this
subdivision are subject to subdivisions 1 to 22. The provisions of Minnesota Rules, parts 9500.1450 to 9500.1464,
apply to these demonstrations, with the exceptions of parts 9500.1452, subpart
2, item B; and 9500.1457, subpart 1, items B and C, which do not apply to
persons enrolling in demonstrations under this section. An initial open enrollment period may be
provided. Persons who disenroll from
demonstrations under this subdivision remain subject to Minnesota Rules, parts
9500.1450 to 9500.1464. When a person
is enrolled in a health plan under these demonstrations and the health plan's
participation is subsequently terminated for any reason, the person shall be
provided an opportunity to select a new health plan and shall have the right to
change health plans within the first 60 days of enrollment in the second health
plan. Persons required to participate
in health plans under this section who fail to make a choice of health plan
shall not be randomly assigned to health plans under these demonstrations. Notwithstanding section 256L.12, subdivision
5, and Minnesota Rules, part 9505.5220, subpart 1, item A, if adopted, for the
purpose of demonstrations under this subdivision, the commissioner may contract
with managed care organizations, including counties, to serve only elderly persons
eligible for medical assistance, elderly and disabled persons, or disabled
persons only. For persons with primary
diagnoses of mental retardation or a related condition, serious and persistent
mental illness, or serious emotional disturbance, the commissioner must ensure
that the county authority has approved the demonstration and contracting
design. Enrollment in these projects
for persons with disabilities shall be voluntary. The commissioner shall not implement any demonstration project
under this subdivision for persons with primary diagnoses of mental retardation
or a related condition, serious and persistent mental illness, or serious
emotional disturbance, without approval of the county board of the county in
which the demonstration is being implemented.
(b) Notwithstanding chapter 245B, sections 252.40 to 252.46,
256B.092, 256B.501 to 256B.5015, and Minnesota Rules, parts 9525.0004 to
9525.0036, 9525.1200 to 9525.1330, 9525.1580, and 9525.1800 to 9525.1930, the
commissioner may implement under this section projects for persons with
developmental disabilities. The
commissioner may capitate payments for ICF/MR services, waivered services for
mental retardation or related conditions, including case management services,
day training and habilitation and alternative active treatment services, and
other services as approved by the state and by the federal government. Case management and active treatment must be
individualized and developed in accordance with a person-centered plan. Costs under these projects may not exceed
costs that would have been incurred under fee-for-service. Beginning July 1, 2003, and until two years
after the pilot project implementation date, subcontractor participation in the
long-term care developmental disability pilot is limited to a nonprofit
long-term care system providing ICF/MR services, home and community-based
waiver services, and in-home services to no more than 120 consumers with
developmental disabilities in Carver, Hennepin, and Scott Counties. The commissioner shall report to the
legislature prior to expansion of the developmental disability pilot
project. This paragraph expires two
years after the implementation date of the pilot project.
(c) Before implementation of a demonstration project for disabled
persons, the commissioner must provide information to appropriate committees of
the house of representatives and senate and must involve representatives of
affected disability groups in the design of the demonstration projects.
(d) A nursing facility reimbursed under the alternative
reimbursement methodology in section 256B.434 may, in collaboration with a
hospital, clinic, or other health care entity provide services under paragraph
(a). The commissioner shall amend the
state plan and seek any federal waivers necessary to implement this paragraph.
(e) The commissioner, in consultation with the commissioners
of commerce and health, may approve and implement programs for all-inclusive
care for the elderly (PACE) according to federal laws and regulations governing
that program and state laws or rules applicable to participating
providers. The process for approval of
these programs shall begin only after the commissioner receives grant money in
an amount sufficient to cover the state share of the administrative and
actuarial costs to implement the programs during state fiscal years 2006
through 2009. Grants for this purpose
shall be deposited in an account in the special revenue fund and are
appropriated to the commissioner to be used solely for the purpose of PACE
administrative and actuarial costs. A
PACE provider is not required to be licensed or certified as a health plan
company as defined in section 62Q.01, subdivision 4. Persons age 55 and older who have been screened by the county and
found to be eligible for services under the elderly waiver or community
alternatives for disabled individuals or who are already eligible for Medicaid
but meet level of care criteria for receipt of waiver services may choose to
enroll in the PACE program. Medicare
and Medicaid services will be provided according to this subdivision and
federal Medicare and Medicaid requirements governing PACE providers and
programs. PACE enrollees will receive
Medicaid home and community-based services through the PACE provider as an
alternative to services for which they would otherwise be eligible through home
and community-based waiver programs and Medicaid State Plan Services. The commissioner shall establish Medicaid
rates for PACE providers that do not exceed costs that would have been incurred
under fee-for-service or other relevant managed care programs operated by the
state.
(f) The commissioner shall seek federal approval to expand
the Minnesota disability health options (MnDHO) program established under this
subdivision in stages, first to regional population centers outside the
seven-county metro area and then to all areas of the state.
(g) Notwithstanding section 256B.0261, health plans
providing services under this section are responsible for home care targeted
case management and relocation targeted case management. Services must be provided according to the
terms of the waivers and contracts approved by the federal government.
Sec. 24. [256B.762]
[REIMBURSEMENT FOR HEALTH CARE SERVICES.]
Effective for services provided on or after October 1, 2005,
payment rates for the following services shall be increased by five percent
over the rates in effect on September 30, 2005, when these services are
provided as home health services under section 256B.0625, subdivision 6a:
(1) skilled nursing visit;
(2) physical therapy visit;
(3) occupational therapy visit;
(4) speech therapy visit; and
(5) home health aide visit.
Sec. 25. Minnesota
Statutes 2004, section 256B.765, is amended to read:
256B.765 [PROVIDER RATE INCREASES.]
Subdivision 1.
[ANNUAL INFLATION ADJUSTMENTS.] (a) Effective July 1, 2001, within the
limits of appropriations specifically for this purpose, the commissioner shall
provide an annual inflation adjustment for the providers listed in paragraph
(c) subdivision 2. The index
for the inflation adjustment must be based on the change in the Employment Cost
Index for Private Industry Workers - Total Compensation forecasted by Data
Resources, Inc., as forecasted in the fourth quarter of the calendar year
preceding the fiscal year. The
commissioner shall increase reimbursement or allocation rates by the percentage
of this adjustment, and county boards shall adjust provider contracts as needed.
(b) The commissioner of finance shall include an annual
inflationary adjustment in reimbursement rates for the providers listed in paragraph
(c) subdivision 2 using the inflation factor specified in paragraph
(a) as a budget change request in each biennial detailed expenditure budget
submitted to the legislature under section 16A.11.
(c) Subd. 2.
[ELIGIBLE PROVIDERS.] The annual adjustment under subdivision 1,
paragraph (a), shall be provided for home and community-based waiver
services for persons with mental retardation or related conditions under
section 256B.501; home and community-based waiver services for the elderly
under section 256B.0915; waivered services under community alternatives for
disabled individuals under section 256B.49; community alternative care waivered
services under section 256B.49; traumatic brain injury waivered services under
section 256B.49; nursing services and home health services under section
256B.0625, subdivision 6a; personal care services and nursing supervision of
personal care services under section 256B.0625, subdivision 19a; private duty
nursing services under section 256B.0625, subdivision 7; day training and
habilitation services for adults with mental retardation or related conditions
under sections 252.40 to 252.46; physical therapy services under sections
256B.0625, subdivision 8, and 256D.03, subdivision 4; occupational therapy
services under sections 256B.0625, subdivision 8a, and 256D.03, subdivision 4;
speech-language therapy services under section 256D.03, subdivision 4, and
Minnesota Rules, part 9505.0390; respiratory therapy services under section
256D.03, subdivision 4, and Minnesota Rules, part 9505.0295; alternative care
services under section 256B.0913; adult residential program grants under
Minnesota Rules, parts 9535.2000 to 9535.3000; adult and family community
support grants under Minnesota Rules, parts 9535.1700 to 9535.1760;
semi-independent living services under section 252.275 including SILS funding
under county social services grants formerly funded under chapter 256I; and community
support services for deaf and hard-of-hearing adults with mental illness who
use or wish to use sign language as their primary means of communication.
Subd. 3. [RATE
INCREASE FOR RATE PERIODS BEGINNING OCTOBER 1, 2005.] For the rate periods
beginning October 1, 2005, and October 1, 2006, the commissioner shall increase
reimbursement rates for the providers listed in subdivision 2 by two
percent. At least two-thirds of each
year's adjustment must be used for increased costs of employee salaries and
benefits and associated costs for FICA, the Medicare tax, workers' compensation
premiums, and federal and state unemployment insurance. Each provider receiving an adjustment shall
report to the commissioner, in the form and manner specified by the commissioner,
on how the additional funding was used.
Sec. 26. [ICF/MR PLAN.]
The commissioner of human services shall consult with ICF/MR
providers, advocates, counties, and consumer families to develop
recommendations and legislation concerning the future services provided to
people now served in ICFs/MR. The
recommendations shall be reported to the house and senate committees with
jurisdiction over health and human services policy and finance issues by
January 15, 2006. In preparing the
recommendations, the commissioner shall consider:
(1) consumer choice of services;
(2) consumers' service needs, including, but not limited to,
active treatment;
(3) the total cost of providing services in ICFs/MR and
alternative delivery systems for individuals currently residing in ICFs/MR;
(4) whether it is the policy of the state to maintain an
ICF/MR system and, if so, the recommendations shall:
(i) define the purpose, types of services, and intended
recipients of ICF/MR services;
(ii) define the capacity needed to maintain ICF/MR services
for designated populations; and
(iii) assure that mechanisms are provided to adequately fund
the transition to the defined services, maintain the designated capacity, and
are adjustable to meet increased service demands; and
(5) if alternative services are recommended to support the
people now receiving services in an ICF/MR, the recommendations shall provide
for transition planning and ensure adequate state and federal financial
resources are available to meet the needs of ICF/MR recipients.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 27. [DIRECTION TO
THE COMMISSIONER; LICENSING AND ALTERNATIVE QUALITY ASSURANCE STUDY.]
The commissioner of human services shall arrange for a
study, including recommendations for statewide development and implementation
of regional or local quality assurance models for disability services. The study shall include a review of current
projects or models; make findings regarding the best components, role, and
function of such models within a statewide quality assurance system; and shall
estimate the cost and sources of funding for regional and local quality
assurance models on a statewide basis.
The study shall be done in consultation with counties, consumers of
service, providers, and representatives of the Quality Assurance Commission
under Minnesota Statutes, section 256B.0951, subdivision 1.
The study shall be submitted to the chairs of the
legislative committees with jurisdiction over health and human services with
recommendations on implementation of a statewide system of quality assurance
and licensing by July 1, 2006. The
commissioner shall submit proposed legislation for implementation of a
statewide system of quality assurance to the chairs of the legislative
committees with jurisdiction over health and human services by December 15,
2006.
Sec. 28.
[CONSUMER-DIRECTED COMMUNITY SUPPORTS EXCEPTION.]
(a) Effective upon federal approval, for persons using the
home and community-based waiver for persons with developmental disabilities
consumer-directed community supports option whose budgets were reduced by the
October 2004 state set budget methodology, the commissioner must allow
exceptions to exceed the state set budget formula amount up to the daily
average cost during calendar year 2004 or for persons who graduated from school
during 2004, the average daily cost during July through December 2004, less
one-half case management and home modifications over $5,000, when the person's
county of financial responsibility determines that: (1) necessary alternative services will cost the same or more
than the person's current budget, and (2) administrative expenses or provider
rates will result in fewer hours of needed staffing for the person than under
the consumer-directed community supports option. Any exceptions the county grants must be within the county's
allowable aggregate amount for the home and community-based waiver for persons
with developmental disabilities.
(b) This section expires on the date
the Department of Human Services implements a new consumer-directed community
supports budget methodology that is based on reliable and accurate information
about the services and supports intensity needs of persons using the option
which adequately accounts for the increased costs of adults who graduate from
school and need services funded by the waiver during the day.
Sec. 29. [COSTS
ASSOCIATED WITH PHYSICAL ACTIVITIES.]
Effective upon federal approval, the expenses allowed for
adults under the consumer-directed community supports option shall include the
costs at the lowest rate available considering daily, monthly, semi-annual,
annual, or membership rates, including transportation, associated with physical
exercise or other physical activities to maintain or improve the person's
health and functioning.
Sec. 30. [WAIVER
AMENDMENT.]
The commissioner of human services shall submit an amendment
to the Centers for Medicare and Medicaid Services consistent with sections 28
and 29 by August 1, 2005.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 31. [INDEPENDENT
EVALUATION AND REVIEW OF UNALLOWABLE ITEMS.]
The commissioner of human services shall include in the
independent evaluation of the consumer-directed community supports option
provided through the home and community-based services waivers for persons with
disabilities under 65 years of age: (1)
provisions for ongoing, regular stakeholder representatives participation
through June 30, 2007; (2) recommendations to the legislative committees with
jurisdiction over human services policy and finance issues by January 15, 2006,
on whether changes to the unallowable items should be made to meet the health,
safety, or welfare needs of participants in the consumer-directed community
supports option within the allowed budget amounts; and (3) a review of the
statewide caseload changes for the disability waiver programs for persons under
65 years of age, which occurred after the state set budget methodology
implementation on October 1, 2004, and recommendations on the fiscal impact of
the budget methodology on use of the consumer-directed community supports
option.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 32. [FEDERAL
APPROVAL.]
By August 1, 2005, the commissioner of human services shall
request any federal approval and plan amendments necessary to implement (1) the
transitional supports allowance under Minnesota Statutes, sections 256B.0916,
subdivision 10, and 256B.49, subdivision 16; and (2) the choice of case
management service coordination provisions under Minnesota Statutes, section
256B.0621, subdivisions 4, 5, 6, and 7.
Sec. 33. [DENTAL ACCESS
FOR PERSONS WITH DISABILITIES.]
The commissioner of human services shall study access to
dental services for persons with disabilities and shall present recommendations
for improving access to dental services to the legislature by January 15,
2006. The study must examine physical
and geographic access, the willingness of dentists to serve persons with
disabilities enrolled in state health care programs, reimbursement rates for
dental service providers, and other factors identified by the commissioner as
potential barriers to accessing dental services. The commissioner shall direct the Dental Access Advisory
Committee, established under Minnesota Statutes, section 256B.55, to assist in
this study.
Sec. 34.
[DISABILITY SERVICES INTERAGENCY WORK GROUP.]
Subdivision 1.
[MEMBERSHIP.] The Department of Human Services, the Minnesota Housing
Finance Agency, and the Minnesota State Council on Disability shall convene an
interagency work group which includes interested stakeholders including other
state agencies, counties, public housing authorities, the Metropolitan Council,
disability service providers, and representatives from disability advocacy
organizations to identify barriers, strengthen coordination, recommend policy
and funding changes, and pursue federal financing that will assist Minnesotans
with disabilities who are attempting to relocate from or avoid placement in
institutional settings.
Subd. 2. [WORK
GROUP ACTIVITIES.] The work group shall make recommendations to the state
agencies and the legislature related to:
(1) coordinating the availability of housing,
transportation, and support services needed to discharge persons with
disabilities from institutions;
(2) improving information and assistance needed to make an
informed choice about relocating from an institutional placement to
community-based services;
(3) identifying gaps in human services, transportation, or
housing access which are barriers to moving to community services;
(4) identifying strategies which would result in earlier
identification of persons most at risk of institutional placement in order to
promote diversion to community service or reduce length of stay in an
institutional facility;
(5) identifying funding mechanisms and financial strategies
to assure a financially sustainable community support system that diverts and
relocates individuals from institutional placement; and
(6) identifying state changes needed to address any federal
changes affecting policies, benefits, or funding used to support persons with
disabilities to avoid institutional placement.
Subd. 3.
[RECOMMENDATIONS.] Recommendations of the work group will be
submitted to each participating state agency and to the chairs of the health
and human services policy and finance committees of the senate and house of
representatives by October 15, 2006.
This section expires October 15, 2006.
Sec. 35. [REPORT TO
LEGISLATURE.]
The commissioner shall report to the legislature on the
redesign of case management services.
In preparing the report, the commissioner shall consult with
representatives for consumers, consumer advocates, counties, and service
providers. The report shall include
draft legislation for case management changes that will:
(1) streamline administration;
(2) improve consumer access to case management services;
(3) address the use of a comprehensive universal assessment
protocol for persons seeking community supports;
(4) establish case management performance measures;
(5) provide for consumer choice of the case management
service vendor; and
(6) provide a method of payment for case management services
that is cost-effective and best supports the draft legislation in clauses (1)
to (5).
ARTICLE
6
MISCELLANEOUS
Section 1. Minnesota
Statutes 2004, 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 carry out the specific duties in
paragraphs (a) through (aa) (bb):
(a) 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:
(1) require county agency participation in training and
technical assistance programs to promote compliance with statutes, rules,
federal laws, regulations, and policies governing human services;
(2) 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;
(3) develop a quality control program or other monitoring
program to review county performance and accuracy of benefit determinations;
(4) 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;
(5) 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;
(6) make contracts with and grants to public and private
agencies and organizations, both profit and nonprofit, and individuals, using
appropriated funds; and
(7) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) Establish and maintain any administrative units reasonably
necessary for the performance of administrative functions common to all
divisions of the department.
(h) 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.
(i) Act as coordinating referral and informational center on
requests for service for newly arrived immigrants coming to Minnesota.
(j) 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.
(k) 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.
(l) 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:
(1) 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; and
(2) a comprehensive plan, including estimated project costs,
shall be approved by the Legislative Advisory Commission and filed with the
commissioner of administration.
(m) 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.
(n) 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:
(1) 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; and
(2) notwithstanding the provisions of clause (1), 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 clause (1), 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
clause (1).
(o) 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.
(p) 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.
(q) Have the authority to establish and enforce the following
county reporting requirements:
(1) 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;
(2) 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;
(3) if the required reports are not received by the deadlines
established in clause (2), 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;
(4) 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;
(5) 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;
(6) the commissioner may not delay payments, withhold funds, or
require repayment under clause (3) or (5) 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 clause (3) or (5), the county board may appeal
the action according to sections 14.57 to 14.69; and
(7) counties subject to withholding of funds under clause (3)
or forfeiture or repayment of funds under clause (5) shall not reduce or
withhold benefits or services to clients to cover costs incurred due to actions
taken by the commissioner under clause (3) or (5).
(r) 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.
(s) 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.
(t) 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.
(u) 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 rebate as defined for purposes of the federal rebate program in United States Code,
title 42, section 1396r-8. 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.
(v) 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.
(w) 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.
(x) 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.
(y) 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.
(z) Designate community information and referral call centers
and incorporate cost reimbursement claims from the designated community
information and referral call centers into the federal cost reimbursement
claiming processes of the department according to federal law, rule, and
regulations. Existing information and
referral centers provided by Greater Twin Cities United Way or existing call
centers for which Greater Twin Cities United Way has legal authority to
represent, shall be included in these designations upon review by the
commissioner and assurance that these services are accredited and in compliance
with national standards. Any
reimbursement is appropriated to the commissioner and all designated
information and referral centers shall receive payments according to normal department
schedules established by the commissioner upon final approval of allocation
methodologies from the United States Department of Health and Human Services
Division of Cost Allocation or other appropriate authorities.
(aa) 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.
(bb) Authorize the method of payment to or from the
department as part of the human services programs administered by the
department. This authorization includes
the receipt or disbursement of funds held by the department in a fiduciary
capacity as part of the human services programs administered by the department.
Sec. 2. Minnesota
Statutes 2004, section 256.01, is amended by adding a subdivision to read:
Subd. 23.
[ANNUAL REPORT.] Effective August 1, 2006, or on the date HealthMatch
is fully implemented, whichever is later, the commissioner shall prepare an
annual report of the number of eligible applicants who applied in the prior
calendar year for Minnesota health care programs under chapters 256B, 256D, and
256L, and had not lived in Minnesota for the 12 months prior to the application
month. The report shall indicate the
number of applicants by state of prior residence or by the general category of
foreign country.
Sec. 3. [DIRECTION TO
COMMISSIONER; STUDY ON DEEMED INCOME OF SPONSORS OF NONCITIZENS.]
The commissioner of human services shall assess county
compliance with deeming the income and assets of sponsors of noncitizens under
Minnesota Statutes, sections 256B.06, subdivision 5; 256D.03, subdivision 3,
paragraph (i); 256D.05, subdivision 3; 256J.37, subdivision 2; and 256L.04,
subdivision 10a. The commissioner shall
report findings on county compliance with these provisions and make
recommendations to ensure compliance to the legislative committees with
jurisdiction over human services by January 15, 2006.
ARTICLE
7
MENTAL
HEALTH SERVICES
Section 1. Minnesota
Statutes 2004, section 245.4885, subdivision 1, is amended to read:
Subdivision 1. [SCREENING
REQUIRED ADMISSION CRITERIA.] The county board shall, prior to
admission, except in the case of emergency admission, screen determine
the needed level of care for all children referred for treatment of severe
emotional disturbance to in a treatment foster care setting,
residential treatment facility, or informally admitted to a regional
treatment center if public funds are used to pay for the services. The county board shall also screen determine
the needed level of care for all children admitted to an acute care
hospital for treatment of severe emotional disturbance if public funds other
than reimbursement under chapters 256B and 256D are used to pay for the
services. If a child is admitted to
a residential treatment facility or acute care hospital for emergency treatment
or held for emergency care by a regional treatment center under section
253B.05, subdivision 1, screening must occur within three working days of
admission. Screening The level
of care determination shall determine whether the proposed treatment:
(1) is necessary;
(2) is appropriate to the child's individual treatment needs;
(3) cannot be effectively provided in the child's home; and
(4) provides a length of stay as short as possible consistent
with the individual child's need.
When a determination must be based on
a diagnostic assessment screening level of care determination is
conducted, the county board may not determine that referral or admission to a treatment
foster care setting, residential treatment facility, or acute care
hospital is not appropriate solely because services were not first provided to
the child in a less restrictive setting and the child failed to make progress
toward or meet treatment goals in the less restrictive setting. Screening shall include both The
level of care and that includes a functional assessment
which evaluates family, school, and community living situations; and an
assessment of the child's need for care out of the home using a validated tool
which assesses a child's functional status and assigns an appropriate level of
care. The validated tool must be
approved by the commissioner of human services. If a diagnostic assessment or including a
functional assessment has been completed by a mental health professional within
the past 180 days, a new diagnostic or functional assessment need
not be completed unless in the opinion of the current treating mental health
professional the child's mental health status has changed markedly since the
assessment was completed. The child's
parent shall be notified if an assessment will not be completed and of the
reasons. A copy of the notice shall be
placed in the child's file.
Recommendations developed as part of the screening level of
care determination process shall include specific community services needed
by the child and, if appropriate, the child's family, and shall indicate
whether or not these services are available and accessible to the child and
family.
During the screening level of care determination
process, the child, child's family, or child's legal representative, as
appropriate, must be informed of the child's eligibility for case management
services and family community support services and that an individual family
community support plan is being developed by the case manager, if assigned.
Screening The level of care determination shall be
in compliance comply with section 260C.212. Wherever possible, the parent shall be
consulted in the screening process, unless clinically inappropriate.
The screening process level of care determination,
and placement decision, and recommendations for mental health services must be
documented in the child's record.
An alternate review process may be approved by the commissioner
if the county board demonstrates that an alternate review process has been
established by the county board and the times of review, persons responsible
for the review, and review criteria are comparable to the standards in clauses
(1) to (4).
[EFFECTIVE DATE.] This
section is effective July 1, 2006.
Sec. 2. Minnesota
Statutes 2004, section 245.4885, is amended by adding a subdivision to read:
Subd. 1a.
[EMERGENCY ADMISSION.] Effective July 1, 2006, if a child is admitted
to a treatment foster care setting, residential treatment facility, or acute
care hospital for emergency treatment or held for emergency care by a regional
treatment center under section 253B.05, subdivision 1, the level of care
determination must occur within three working days of admission.
Sec. 3. Minnesota
Statutes 2004, section 245.4885, subdivision 2, is amended to read:
Subd. 2.
[QUALIFICATIONS.] No later than July 1, 1991, Screening Level
of care determination of children for treatment foster care,
residential, and inpatient services must be conducted by a mental health
professional. Where appropriate and
available, culturally informed mental health consultants must participate in
the screening level of care determination. Mental health professionals providing screening
level of care determination for treatment foster care, inpatient,
and residential services must not be financially affiliated with any acute
care inpatient hospital, residential treatment facility, or regional treatment
center nongovernment entity which may be providing those services. The commissioner may waive this
requirement for mental health professional participation after July 1, 1991, if
the county documents that:
(1) mental health professionals or mental health
practitioners are unavailable to provide this service; and
(2) services are provided by a designated person with
training in human services who receives clinical supervision from a mental
health professional.
[EFFECTIVE DATE.] This
section is effective July 1, 2006.
Sec. 4.
Minnesota Statutes 2004, section 253B.02, subdivision 7, is amended to
read:
Subd. 7. [EXAMINER.]
"Examiner" means a person who is knowledgeable, trained, and
practicing in the diagnosis and assessment or in the treatment of the alleged
impairment, and who is:
(1) a licensed physician; or
(2) a licensed psychologist who has a doctoral degree in
psychology or who became a licensed consulting psychologist before July 2, 1975;
or
(3) an advanced practice registered nurse certified in
mental health, except that only a physician or psychologist meeting these
requirements may be appointed by the court to conduct an evaluation.
Sec. 5. Minnesota
Statutes 2004, section 256B.0625, is amended by adding a subdivision to read:
Subd. 46.
[MENTAL HEALTH TELEMEDICINE.] Effective January 1, 2006, and subject
to federal approval, mental health services that are otherwise covered by
medical assistance as direct face-to-face services may be provided via two-way
interactive video. Use of two-way
interactive video must be medically appropriate to the condition and needs of
the person being served. Reimbursement
is at the same rates and under the same conditions that would otherwise apply
to the service. The interactive video
equipment and connection must comply with Medicare standards in effect at the
time the service is provided.
Sec. 6. Minnesota
Statutes 2004, section 256B.0625, is amended by adding a subdivision to read:
Subd. 47.
[TREATMENT FOSTER CARE SERVICES.] Effective July 1, 2006, and subject
to federal approval, medical assistance covers treatment foster care services
according to section 256B.0946.
Sec. 7. Minnesota
Statutes 2004, section 256B.0625, is amended by adding a subdivision to read:
Subd. 48.
[PSYCHIATRIC CONSULTATION TO PRIMARY CARE PRACTITIONERS.] Effective
January 1, 2006, medical assistance covers consultation provided by a
psychiatrist via telephone, e-mail, facsimile, or other means of communication
to primary care practitioners, including pediatricians. The need for consultation and the receipt of
the consultation must be documented in the patient record maintained by the
primary care practitioner. If the
patient consents, and subject to federal limitations and data privacy
provisions, the consultation may be provided without the patient present.
Sec. 8. [256B.0946]
[TREATMENT FOSTER CARE.]
Subdivision 1.
[COVERED SERVICE.] (a) Effective July 1, 2006, and subject to federal
approval, medical assistance covers medically necessary services described
under paragraph (b) that are provided by a provider entity eligible under
subdivision 3 to a client eligible under subdivision 2 who is placed in a
treatment foster home licensed under Minnesota Rules, parts 2960.3000 to
2960.3340.
(b) Services to children with severe emotional disturbance
residing in treatment foster care settings must meet the relevant standards for
mental health services under sections 245.487 to 245.4887. In addition, specific service components
reimbursed by medical assistance must meet the following standards:
(1) case management service component must meet the
standards in Minnesota Rules, parts 9520.0900 to 9520.0926 and 9505.0322,
excluding subparts 6 and 10;
(2) psychotherapy and skills training
components must meet the standards for children's therapeutic services and
supports in section 256B.0943; and
(3) family psychoeducation services under supervision of a
mental health professional.
Subd. 2.
[DETERMINATION OF CLIENT ELIGIBILITY.] A client's eligibility to
receive treatment foster care under this section shall be determined by a
diagnostic assessment, an evaluation of level of care needed, and development
of an individual treatment plan, as defined in paragraphs (a) to (c).
(a) The diagnostic assessment must:
(1) be conducted by a psychiatrist, licensed psychologist,
or licensed independent clinical social worker that is performed within 180
days prior to the start of service;
(2) include current diagnoses on all five axes of the
client's current mental health status;
(3) determine whether or not a child meets the criteria for
severe emotional disturbance in section 245.4871, subdivision 6, or for serious
and persistent mental illness in section 245.462, subdivision 20; and
(4) 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 status and service
needs.
(b) The evaluation of level of care must be conducted by the
placing county with an instrument approved by the commissioner of human
services. The commissioner shall update
the list of approved level of care instruments annually.
(c) The individual treatment plan must be:
(1) based on the information in the client's diagnostic
assessment;
(2) developed through a child-centered, family driven
planning process that identifies service needs and individualized, planned, and
culturally appropriate interventions that contain specific measurable treatment
goals and objectives for the client and treatment strategies for the client's family
and foster family;
(3) reviewed at least once every 90 days and revised; and
(4) 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.
Subd. 3.
[ELIGIBLE PROVIDERS.] For purposes of this section, a provider agency
must have an individual placement agreement for each recipient and must be a
licensed child placing agency, under Minnesota Rules, parts 9543.0010 to
9543.0150, and either:
(1) a county;
(2) an Indian Health Services facility operated by a tribe
or tribal organization under funding authorized by United States Code, title
25, sections 450f to 450n, or title 3 of the Indian Self-Determination Act,
Public Law 93-638, section 638 (facilities or providers); or
(3) a noncounty entity under contract with a county board.
Subd. 4. [ELIGIBLE PROVIDER RESPONSIBILITIES.] (a) To be an eligible
provider under this section, a provider must develop written policies and
procedures for treatment foster care services consistent with subdivision 1,
paragraph (b), clauses (1), (2), and (3).
(b) In delivering services under this section, a treatment
foster care provider must ensure that staff caseload size reasonably enables
the provider to play an active role in service planning, monitoring,
delivering, and reviewing for discharge planning to meet the needs of the
client, the client's foster family, and the birth family, as specified in each
client's individual treatment plan.
Subd. 5. [SERVICE
AUTHORIZATION.] The commissioner will administer authorizations for services
under this section in compliance with section 256B.0625, subdivision 25.
Subd. 6.
[EXCLUDED SERVICES.] (a) Services in clauses (1) to (4) are not
eligible as components of treatment foster care services:
(1) treatment foster care services provided in violation of
medical assistance policy in Minnesota Rules, part 9505.0220;
(2) service components of children's therapeutic services
and supports simultaneously provided by more than one treatment foster care
provider;
(3) home and community-based waiver services; and
(4) treatment foster care services provided to a child
without a level of care determination according to section 245.4885,
subdivision 1.
(b) Children receiving treatment foster care services are
not eligible for medical assistance reimbursement for the following services
while receiving treatment foster care:
(1) mental health case management services under section
256B.0625, subdivision 20; and
(2) psychotherapy and skill training components of
children's therapeutic services and supports under section 256B.0625,
subdivision 35b.
Sec. 9. [256B.0947]
[TRANSITIONAL YOUTH INTENSIVE REHABILITATIVE MENTAL HEALTH SERVICES.]
Subdivision 1. [SCOPE.] Subject to federal approval, medical assistance covers
medically necessary, intensive nonresidential 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 child rehabilitative mental health services as
defined in section 256B.0943, except that these services are provided by a
multidisciplinary staff using a total team approach consistent with assertive
community treatment, or other evidence-based practices, and directed to recipients
with a serious mental illness who require intensive services.
(b) "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.
(c) "Treatment team" means
all staff who provide services to recipients under this section. At a minimum, this includes the clinical
supervisor, mental health professionals, mental health practitioners, mental
health behavioral aides, and a school representative familiar with the
recipient's individual education plan (IEP) if applicable.
Subd. 3.
[ELIGIBILITY FOR TRANSITIONAL YOUTH.] An eligible recipient under the
age of 18 is an individual who:
(1) is age 16 or 17;
(2) is diagnosed with a medical condition, such as an
emotional disturbance or traumatic brain injury, for which intensive
nonresidential rehabilitative mental health services are needed;
(3) has substantial disability and functional impairment in
three or more of the areas listed in section 245.462, subdivision 11a, so that
self-sufficiency upon adulthood or emancipation is unlikely; and
(4) has had a recent diagnostic assessment by a qualified
professional that documents that intensive nonresidential rehabilitative mental
health services are medically necessary to address identified disability and
functional impairments and individual recipient goals.
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 transition youth rehabilitative mental health services; and
(2) be certified by the commissioner as being in compliance
with this section and section 256B.0943.
(b) 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 NONRESIDENTIAL PROVIDERS.] (a) Services must
be provided by a certified provider entity as defined in section 256B.0943,
subdivision 4 that meets the requirements in section 245B.0943, subdivisions 5
and 6.
(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 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. 7.
[MEDICAL ASSISTANCE PAYMENT FOR INTENSIVE REHABILITATIVE MENTAL HEALTH
SERVICES.] (a) Payment for 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, staff travel time to provide rehabilitative
services under this section, and nonresidential crisis stabilization services
under section 256B.0944.
(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 nonresidential
intensive rehabilitative mental health 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; and
(5) the costs of other services that will be separately
reimbursed.
(d) The rate for intensive rehabilitative mental health
services must exclude medical assistance room and board rate, as defined in
section 256I.03, subdivision 6, and services not covered under this section,
such as partial hospitalization and inpatient services. Physician services are not a component of
the treatment team and may be billed separately. 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.
(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. 8.
[PROVIDER ENROLLMENT; RATE SETTING FOR COUNTY-OPERATED ENTITIES.] Effective
July 1, 2006, 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.
Sec. 10. Minnesota
Statutes 2004, section 256D.03, subdivision 4, is amended to read:
Subd. 4. [GENERAL ASSISTANCE
MEDICAL CARE; SERVICES.] (a)(i) For a person who is eligible under subdivision
3, paragraph (a), clause (2), item (i), general assistance medical care covers,
except as provided in paragraph (c):
(1) inpatient hospital services;
(2) outpatient hospital services;
(3) services provided by Medicare certified rehabilitation
agencies;
(4) prescription drugs and other products recommended through
the process established in section 256B.0625, subdivision 13;
(5) equipment necessary to administer insulin and diagnostic
supplies and equipment for diabetics to monitor blood sugar level;
(6) eyeglasses and eye examinations provided by a physician or
optometrist;
(7) hearing aids;
(8) prosthetic devices;
(9) laboratory and X-ray services;
(10) physician's services;
(11) medical transportation except special transportation;
(12) chiropractic services as covered under the medical
assistance program;
(13) podiatric services;
(14) dental services and dentures, subject to the limitations
specified in section 256B.0625, subdivision 9;
(15) outpatient services provided by a mental health center or
clinic that is under contract with the county board and is established under
section 245.62;
(16) day treatment services for mental illness provided under
contract with the county board;
(17) prescribed medications for persons who have been diagnosed
as mentally ill as necessary to prevent more restrictive institutionalization;
(18) psychological services, medical supplies and equipment,
and Medicare premiums, coinsurance and deductible payments;
(19) medical equipment not specifically listed in this
paragraph when the use of the equipment will prevent the need for costlier
services that are reimbursable under this subdivision;
(20) services performed by a certified pediatric nurse
practitioner, a certified family nurse practitioner, a certified adult nurse
practitioner, a certified obstetric/gynecological nurse practitioner, a
certified neonatal nurse practitioner, or a certified geriatric nurse
practitioner in independent practice, if (1) the service is otherwise covered
under this chapter as a physician service, (2) the service provided on an
inpatient basis is not included as part of the cost for inpatient services included
in the operating payment rate, and (3) the service is within the scope of
practice of the nurse practitioner's license as a registered nurse, as defined
in section 148.171;
(21) services of a certified public health nurse or a
registered nurse practicing in a public health nursing clinic that is a
department of, or that operates under the direct authority of, a unit of
government, if the service is within the scope of practice of the public health
nurse's license as a registered nurse, as defined in section 148.171; and
(22) telemedicine consultations, to the extent they are covered
under section 256B.0625, subdivision 3b; and
(23) mental health telemedicine and psychiatric consultation
as covered under section 256B.0625, subdivisions 46 and 48.
(ii) Effective October 1, 2003, for a person who is eligible
under subdivision 3, paragraph (a), clause (2), item (ii), general assistance
medical care coverage is limited to inpatient hospital services, including
physician services provided during the inpatient hospital stay. A $1,000 deductible is required for each
inpatient hospitalization.
(b) Gender reassignment surgery and related services are not
covered services under this subdivision unless the individual began receiving
gender reassignment services prior to July 1, 1995.
(c) In order to contain costs, the commissioner of human
services shall select vendors of medical care who can provide the most
economical care consistent with high medical standards and shall where possible
contract with organizations on a prepaid capitation basis to provide these
services. The commissioner shall
consider proposals by counties and vendors for prepaid health plans,
competitive bidding programs, block grants, or other vendor payment mechanisms
designed to provide services in an economical manner or to control utilization,
with safeguards to ensure that necessary services are provided. Before implementing prepaid programs in
counties with a county operated or affiliated public teaching hospital or a
hospital or clinic operated by the University of Minnesota, the commissioner
shall consider the risks the prepaid program creates for the hospital and allow
the county or hospital the opportunity to participate in the program in a
manner that reflects the risk of adverse selection and the nature of the
patients served by the hospital, provided the terms of participation in the
program are competitive with the terms of other participants considering the
nature of the population served.
Payment for services provided pursuant to this subdivision shall be as
provided to medical assistance vendors of these services under sections
256B.02, subdivision 8, and 256B.0625.
For payments made during fiscal year 1990 and later years, the
commissioner shall consult with an independent actuary in establishing
prepayment rates, but shall retain final control over the rate methodology.
(d) Recipients eligible under subdivision 3, paragraph (a),
clause (2), item (i), shall pay the following co-payments for services provided
on or after October 1, 2003:
(1) $3 per nonpreventive visit. For purposes of this subdivision, a visit means an episode of
service which is required because of a recipient's symptoms, diagnosis, or
established illness, and which is delivered in an ambulatory setting by a
physician or physician ancillary, chiropractor, podiatrist, nurse midwife,
advanced practice nurse, audiologist, optician, or optometrist;
(2) $25 for eyeglasses;
(3) $25 for nonemergency visits to a hospital-based emergency
room;
(4) $3 per brand-name drug prescription and $1 per generic drug
prescription, subject to a $20 per month maximum for prescription drug
co-payments. No co-payments shall apply
to antipsychotic drugs when used for the treatment of mental illness; and
(5) 50 percent coinsurance on restorative dental services.
(e) Co-payments shall be limited to one per day per provider
for nonpreventive visits, eyeglasses, and nonemergency visits to a
hospital-based emergency room.
Recipients of general assistance medical care are responsible for all
co-payments in this subdivision. The
general assistance medical care reimbursement to the provider shall be reduced
by the amount of the co-payment, except that reimbursement for prescription
drugs shall not be reduced once a recipient has reached the $20 per month
maximum for prescription drug co-payments.
The provider collects the co-payment from the recipient. Providers may not deny services to
recipients who are unable to pay the co-payment, except as provided in paragraph
(f).
(f) If it is the routine business practice of a provider to
refuse service to an individual with uncollected debt, the provider may include
uncollected co-payments under this section.
A provider must give advance notice to a recipient with uncollected debt
before services can be denied.
(g) Any county may, from its own resources, provide medical
payments for which state payments are not made.
(h) Chemical dependency services that are reimbursed under
chapter 254B must not be reimbursed under general assistance medical care.
(i) The maximum payment for new vendors enrolled in the general
assistance medical care program after the base year shall be determined from
the average usual and customary charge of the same vendor type enrolled in the
base year.
(j) The conditions of payment for services under this
subdivision are the same as the conditions specified in rules adopted under
chapter 256B governing the medical assistance program, unless otherwise
provided by statute or rule.
(k) Inpatient and outpatient payments shall be reduced by five
percent, effective July 1, 2003. This
reduction is in addition to the five percent reduction effective July 1, 2003,
and incorporated by reference in paragraph (i).
(l) Payments for all other health services except inpatient,
outpatient, and pharmacy services shall be reduced by five percent, effective
July 1, 2003.
(m) Payments to managed care plans shall
be reduced by five percent for services provided on or after
October 1, 2003.
(n) A hospital receiving a reduced payment as a result of this
section may apply the unpaid balance toward satisfaction of the hospital's bad
debts.
[EFFECTIVE DATE.] This
section is effective January 1, 2006.
Sec. 11. Minnesota
Statutes 2004, section 256L.03, subdivision 1, is amended to read:
Subdivision 1. [COVERED
HEALTH SERVICES.] For individuals under section 256L.04, subdivision 7, with
income no greater than 75 percent of the federal poverty guidelines or for
families with children under section 256L.04, subdivision 1, all subdivisions
of this section apply. "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 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. Outpatient mental health
services covered under the MinnesotaCare program are limited to diagnostic
assessments, psychological testing, explanation of findings, mental health
telemedicine, psychiatric consultation, 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.
[EFFECTIVE DATE.] This
section is effective January 1, 2006.
ARTICLE
8
HEALTH
POLICY
Section 1. Minnesota
Statutes 2004, section 13.3806, is amended by adding a subdivision to read:
Subd. 21.
[ABORTION NOTIFICATION DATA.] Classification of data in abortion
notification reports is governed by section 144.3431.
Sec. 2. [62J.495]
[HEALTH INFORMATION TECHNOLOGY AND INFRASTRUCTURE ADVISORY COMMITTEE.]
Subdivision 1.
[LEGISLATIVE FINDINGS AND PURPOSE.] There is a need for coordination
and collaboration among health care payers, providers, consumers, and
government in designing and implementing a statewide interoperable health
information infrastructure that includes standards for administrative data
exchange, clinical support programs, quality performance measures, and
maintenance of the security and confidentiality of individual patient data.
Subd. 2.
[ESTABLISHMENT; MEMBERS; DUTIES.] (a) The commissioner shall
establish a Health Information Technology and Infrastructure Advisory Committee
governed by section 15.059 to advise the commissioner on the following matters:
(1) assessment of the use of health information technology
by the state, licensed health care providers and facilities, and local public
health agencies;
(2) recommendations for implementing a
statewide interoperable health information infrastructure, to include estimates
of necessary resources, and for determining standards for administrative data
exchange, clinical support programs, and maintenance of the security and
confidentiality of individual patient data; and
(3) other related issues as requested by the commissioner.
(b) The members of the Health Information Technology and
Infrastructure Advisory Committee shall include the commissioners, or
commissioners' designees, of health, human services, and commerce and
additional members to be appointed by the commissioner to include persons
representing Minnesota's local public health agencies, licensed hospitals and
other licensed facilities and providers, private purchasers, the medical and
nursing professions, health insurers and health plans, the state quality
improvement organization, academic and research institutions, consumer advisory
organizations with an interest and expertise in health information technology,
and other stakeholders as identified by the Health Information Technology and
Infrastructure Advisory Committee.
Subd. 3. [ANNUAL
REPORT.] The commissioner shall prepare and issue an annual report not later
than January 30 of each year outlining progress to date in implementing a
statewide health information infrastructure and recommending future projects.
Subd. 4.
[EXPIRATION.] Notwithstanding section 15.059, this section expires
June 30, 2009.
Sec. 3. Minnesota
Statutes 2004, section 103I.101, subdivision 6, is amended to read:
Subd. 6. [FEES FOR
VARIANCES.] The commissioner shall charge a nonrefundable application fee of $150
$175 to cover the administrative cost of processing a request for a
variance or modification of rules adopted by the commissioner under this
chapter.
[EFFECTIVE DATE.] This
section is effective July 1, 2006.
Sec. 4. Minnesota
Statutes 2004, section 103I.208, subdivision 1, is amended to read:
Subdivision 1. [WELL
NOTIFICATION FEE.] The well notification fee to be paid by a property owner is:
(1) for a new well, $150 $175, which includes the
state core function fee;
(2) for a well sealing, $30 $35 for each well,
which includes the state core function fee, except that for monitoring wells
constructed on a single property, having depths within a 25 foot range, and
sealed within 48 hours of start of construction, a single fee of $30 $35;
and
(3) for construction of a dewatering well, $150 $175,
which includes the state core function fee, for each well except a dewatering
project comprising five or more wells shall be assessed a single fee of $750
$875 for the wells recorded on the notification.
[EFFECTIVE DATE.] This
section is effective July 1, 2006.
Sec. 5. Minnesota
Statutes 2004, section 103I.208, subdivision 2, is amended to read:
Subd. 2. [PERMIT FEE.]
The permit fee to be paid by a property owner is:
(1) for a well that is not in use under a maintenance permit, $125
$150 annually;
(2) for construction of a monitoring well, $150 $175,
which includes the state core function fee;
(3) for a monitoring well that is unsealed
under a maintenance permit, $125 $150 annually;
(4) for monitoring wells used as a leak detection device at a
single motor fuel retail outlet, a single petroleum bulk storage site excluding
tank farms, or a single agricultural chemical facility site, the construction
permit fee is $150 $175, which includes the state core function
fee, per site regardless of the number of wells constructed on the site, and
the annual fee for a maintenance permit for unsealed monitoring wells is $125
$150 per site regardless of the number of monitoring wells located on
site;
(5) for a groundwater thermal exchange device, in addition to
the notification fee for wells, $150 $175, which includes the
state core function fee;
(6) for a vertical heat exchanger, $150 $175;
(7) for a dewatering well that is unsealed under a maintenance
permit, $125 $150 annually for each well, except a dewatering
project comprising more than five wells shall be issued a single permit for $625
$750 annually for wells recorded on the permit; and
(8) for excavating holes for the purpose of installing elevator
shafts, $150 $175 for each hole.
[EFFECTIVE DATE.] This
section is effective July 1, 2006.
Sec. 6. Minnesota
Statutes 2004, section 103I.235, subdivision 1, is amended to read:
Subdivision 1.
[DISCLOSURE OF WELLS TO BUYER.] (a) Before signing an agreement to sell
or transfer real property, the seller must disclose in writing to the buyer
information about the status and location of all known wells on the property,
by delivering to the buyer either a statement by the seller that the seller
does not know of any wells on the property, or a disclosure statement
indicating the legal description and county, and a map drawn from available
information showing the location of each well to the extent practicable. In the disclosure statement, the seller must
indicate, for each well, whether the well is in use, not in use, or sealed.
(b) At the time of closing of the sale, the disclosure
statement information, name and mailing address of the buyer, and the quartile,
section, township, and range in which each well is located must be provided on
a well disclosure certificate signed by the seller or a person authorized to
act on behalf of the seller.
(c) A well disclosure certificate need not be provided if the
seller does not know of any wells on the property and the deed or other instrument
of conveyance contains the statement: "The Seller certifies that the
Seller does not know of any wells on the described real property."
(d) If a deed is given pursuant to a contract for deed, the
well disclosure certificate required by this subdivision shall be signed by the
buyer or a person authorized to act on behalf of the buyer. If the buyer knows of no wells on the
property, a well disclosure certificate is not required if the following
statement appears on the deed followed by the signature of the grantee or, if
there is more than one grantee, the signature of at least one of the
grantees: "The Grantee certifies
that the Grantee does not know of any wells on the described real
property." The statement and
signature of the grantee may be on the front or back of the deed or on an
attached sheet and an acknowledgment of the statement by the grantee is not
required for the deed to be recordable.
(e) This subdivision does not apply to the sale, exchange, or
transfer of real property:
(1) that consists solely of a sale or transfer of severed
mineral interests; or
(2) that consists of an individual condominium unit as
described in chapters 515 and 515B.
(f) For an area owned in common under
chapter 515 or 515B the association or other responsible person must report to
the commissioner by July 1, 1992, the location and status of all wells in the
common area. The association or other
responsible person must notify the commissioner within 30 days of any change in
the reported status of wells.
(g) For real property sold by the state under section 92.67,
the lessee at the time of the sale is responsible for compliance with this
subdivision.
(h) If the seller fails to provide a required well disclosure
certificate, the buyer, or a person authorized to act on behalf of the buyer,
may sign a well disclosure certificate based on the information provided on the
disclosure statement required by this section or based on other available
information.
(i) A county recorder or registrar of titles may not record a
deed or other instrument of conveyance dated after October 31, 1990, for which
a certificate of value is required under section 272.115, or any deed or other
instrument of conveyance dated after October 31, 1990, from a governmental body
exempt from the payment of state deed tax, unless the deed or other instrument
of conveyance contains the statement made in accordance with paragraph (c) or
(d) or is accompanied by the well disclosure certificate containing all the
information required by paragraph (b) or (d).
The county recorder or registrar of titles must not accept a certificate
unless it contains all the required information. The county recorder or registrar of titles shall note on each
deed or other instrument of conveyance accompanied by a well disclosure
certificate that the well disclosure certificate was received. The notation must include the statement
"No wells on property" if the disclosure certificate states there are
no wells on the property. The well
disclosure certificate shall not be filed or recorded in the records maintained
by the county recorder or registrar of titles.
After noting "No wells on property" on the deed or other
instrument of conveyance, the county recorder or registrar of titles shall
destroy or return to the buyer the well disclosure certificate. The county recorder or registrar of titles
shall collect from the buyer or the person seeking to record a deed or other
instrument of conveyance, a fee of $30 $40 for receipt of a
completed well disclosure certificate.
By the tenth day of each month, the county recorder or registrar of
titles shall transmit the well disclosure certificates to the commissioner of
health. By the tenth day after the end
of each calendar quarter, the county recorder or registrar of titles shall
transmit to the commissioner of health $27.50 $32.50 of the fee
for each well disclosure certificate received during the quarter. The commissioner shall maintain the well
disclosure certificate for at least six years.
The commissioner may store the certificate as an electronic image. A copy of that image shall be as valid as
the original.
(j) No new well disclosure certificate is required under this
subdivision if the buyer or seller, or a person authorized to act on behalf of
the buyer or seller, certifies on the deed or other instrument of conveyance
that the status and number of wells on the property have not changed since the
last previously filed well disclosure certificate. The following statement, if followed by the signature of the
person making the statement, is sufficient to comply with the certification
requirement of this paragraph: "I
am familiar with the property described in this instrument and I certify that
the status and number of wells on the described real property have not changed
since the last previously filed well disclosure certificate." The certification and signature may be on
the front or back of the deed or on an attached sheet and an acknowledgment of
the statement is not required for the deed or other instrument of conveyance to
be recordable.
(k) The commissioner in consultation with county recorders
shall prescribe the form for a well disclosure certificate and provide well
disclosure certificate forms to county recorders and registrars of titles and
other interested persons.
(l) Failure to comply with a requirement of this subdivision
does not impair:
(1) the validity of a deed or other instrument of conveyance as
between the parties to the deed or instrument or as to any other person who
otherwise would be bound by the deed or instrument; or
(2) the record, as notice, of any deed or
other instrument of conveyance accepted for filing or recording contrary to the
provisions of this subdivision.
[EFFECTIVE DATE.] This
section is effective July 1, 2006.
Sec. 7. Minnesota
Statutes 2004, section 103I.601, subdivision 2, is amended to read:
Subd. 2. [LICENSE
REQUIRED TO MAKE BORINGS.] (a) Except as provided in paragraph (b) (d),
a person may must not make an exploratory boring without an exploratory
borer's explorer's license. The
fee for an explorer's license is $75.
The explorer's license is valid until the date prescribed in the license
by the commissioner.
(b) A person must file an application and renewal
application fee to renew the explorer's license by the date stated in the
license. The renewal application fee is
$75.
(c) If the licensee submits an application fee after the
required renewal date, the licensee:
(1) must include a late fee of $75; and
(2) may not conduct activities authorized by an explorer's
license until the renewal application, renewal application fee, late fee, and
sealing reports required in subdivision 9 are submitted.
(d) An explorer may must designate a
responsible individual to supervise and oversee the making of exploratory
borings. Before an individual
supervises or oversees an exploratory boring, the individual must file an
application and application fee of $75 to qualify as a responsible
individual. The individual must
take and pass an examination relating to construction, location, and sealing of
exploratory borings. A professional
engineer registered or geoscientist licensed under sections
326.02 to 326.15 or a certified professional geologist certified by
the American Institute of Professional Geologists is not required to take
the examination required in this subdivision, but must be licensed
certified as a responsible individual to make supervise an
exploratory boring.
Sec. 8. Minnesota
Statutes 2004, section 144.122, is amended to read:
144.122 [LICENSE, PERMIT, AND SURVEY FEES.]
(a) The state commissioner of health, by rule, may prescribe
reasonable procedures and fees for filing with the commissioner as prescribed
by statute and for the issuance of original and renewal permits, licenses,
registrations, and certifications issued under authority of the
commissioner. The expiration dates of
the various licenses, permits, registrations, and certifications as prescribed
by the rules shall be plainly marked thereon.
Fees may include application and examination fees and a penalty fee for
renewal applications submitted after the expiration date of the previously
issued permit, license, registration, and certification. The commissioner may also prescribe, by
rule, reduced fees for permits, licenses, registrations, and certifications
when the application therefor is submitted during the last three months of the
permit, license, registration, or certification period. Fees proposed to be prescribed in the rules
shall be first approved by the Department of Finance. All fees proposed to be prescribed in rules shall be
reasonable. The fees shall be in an
amount so that the total fees collected by the commissioner will, where
practical, approximate the cost to the commissioner in administering the
program. All fees collected shall be
deposited in the state treasury and credited to the state government special
revenue fund unless otherwise specifically appropriated by law for specific
purposes.
(b) The commissioner may charge a fee for voluntary
certification of medical laboratories and environmental laboratories, and for
environmental and medical laboratory services provided by the department,
without complying with paragraph (a) or chapter 14. Fees charged for environment and medical laboratory services
provided by the department must be approximately equal to the costs of
providing the services.
(c) The commissioner may develop a
schedule of fees for diagnostic evaluations conducted at clinics held by the
services for children with handicaps program.
All receipts generated by the program are annually appropriated to the
commissioner for use in the maternal and child health program.
(d) The commissioner shall set license fees for hospitals and
nursing homes that are not boarding care homes at the following levels:
Joint Commission on
Accreditation of Healthcare
Organizations (JCAHO
hospitals) $7,055 $7,555 plus $13 per bed
Non-JCAHO hospitals
$4,680 $5,180 plus $234 $247 per bed
Nursing home
$183 plus $91 per bed
The commissioner shall set license fees for outpatient surgical
centers, boarding care homes, and supervised living facilities at the following
levels:
Outpatient surgical centers
$1,512 $3,349
Boarding care homes $183 plus $91 per bed
Supervised living facilities $183 plus $91 per bed.
(e) Unless prohibited by federal law, the commissioner of
health shall charge applicants the following fees to cover the cost of any
initial certification surveys required to determine a provider's eligibility to
participate in the Medicare or Medicaid program:
Prospective payment surveys
for hospitals $900
Swing bed surveys for
nursing homes $1,200
Psychiatric hospitals
$1,400
Rural health facilities $1,100
Portable x-ray providers
$500
Home health agencies
$1,800
Outpatient therapy agencies
$800
End stage renal dialysis
providers $2,100
Independent therapists
$800
Comprehensive rehabilitation
outpatient facilities $1,200
Hospice providers
$1,700
Ambulatory surgical
providers $1,800
Hospitals $4,200
Other provider categories or
Actual surveyor costs:
additional resurveys
required average surveyor cost x
to complete initial
certification number of hours for the
survey process.
These fees shall be submitted at the time of the application
for federal certification and shall not be refunded. All fees collected after the date that the imposition of fees is
not prohibited by federal law shall be deposited in the state treasury and
credited to the state government special revenue fund.
Sec. 9. Minnesota
Statutes 2004, section 144.147, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITION.] "Eligible rural hospital" means any nonfederal,
general acute care hospital that:
(1) is either located in a rural area, as defined in the
federal Medicare regulations, Code of Federal Regulations, title 42, section
405.1041, or located in a community with a population of less than 10,000
15,000, according to United States Census Bureau statistics, outside the
seven-county metropolitan area;
(2) has 50 or fewer beds; and
(3) is not for profit.
Sec. 10. Minnesota
Statutes 2004, section 144.147, subdivision 2, is amended to read:
Subd. 2. [GRANTS
AUTHORIZED.] The commissioner shall establish a program of grants to assist
eligible rural hospitals. The
commissioner shall award grants to hospitals and communities for the purposes
set forth in paragraphs (a) and (b).
(a) Grants may be used by hospitals and their communities to
develop strategic plans for preserving or enhancing access to health
services. At a minimum, a strategic
plan must consist of:
(1) a needs assessment to determine what health services are
needed and desired by the community.
The assessment must include interviews with or surveys of area health
professionals, local community leaders, and public hearings;
(2) an assessment of the feasibility of providing needed health
services that identifies priorities and timeliness for potential changes; and
(3) an implementation plan.
The strategic plan must be developed by a committee that
includes representatives from the hospital, local public health agencies, other
health providers, and consumers from the community.
(b) The grants may also be used by eligible rural hospitals
that have developed strategic plans to implement transition projects to modify
the type and extent of services provided, in order to reflect the needs of that
plan. Grants may be used by hospitals
under this paragraph to develop hospital-based physician practices that
integrate hospital and existing medical practice facilities that agree to
transfer their practices, equipment, staffing, and administration to the
hospital. The grants may also be used
by the hospital to establish a health provider cooperative, a telemedicine
system, an electronic health records system, or a rural health care
system or to cover expenses associated with being designated as a critical
access hospital for the Medicare rural hospital flexibility program. Not more than one-third of any grant shall
be used to offset losses incurred by physicians agreeing to transfer their
practices to hospitals.
Sec. 11. [144.1476]
[RURAL PHARMACY PLANNING AND TRANSITION GRANT PROGRAM.]
Subdivision 1.
[DEFINITIONS.] (a) For the purposes of this section, the following
definitions apply.
(b) "Eligible rural community" means:
(1) a Minnesota community that is located in a rural area,
as defined in the federal Medicare regulations, Code of Federal Regulations,
title 42, section 405.1041; or
(2) a Minnesota community that has a population of less than
10,000, according to the United States Bureau of Statistics, and that is
outside the seven-county metropolitan area, excluding the cities of Duluth,
Mankato, Moorhead, Rochester, and St. Cloud.
(c) "Health care provider" means a hospital,
clinic, pharmacy, long-term care institution, or other health care facility
that is licensed, certified, or otherwise authorized by the laws of this state
to provide health care.
(d) "Pharmacist" means an individual with a valid
license issued under chapter 151 to practice pharmacy.
(e) "Pharmacy" has the meaning given under section
151.01, subdivision 2.
Subd. 2. [GRANTS
AUTHORIZED; ELIGIBILITY.] (a) The commissioner of health shall establish a
program to award grants to eligible rural communities or health care providers
in eligible rural communities for planning, establishing, keeping in operation,
or providing health care services that preserve access to prescription
medications and the skills of a pharmacist according to sections 151.01 to
151.40.
(b) To be eligible for a grant, an applicant must develop a
strategic plan for preserving or enhancing access to prescription medications
and the skills of a pharmacist. At a
minimum, a strategic plan must consist of:
(1) a needs assessment to determine what pharmacy services
are needed and desired by the community.
The assessment must include interviews with or surveys of area and local
health professionals, local community leaders, and public officials;
(2) an assessment of the feasibility of providing needed
pharmacy services that identifies priorities and timelines for potential
changes; and
(3) an implementation plan.
(c) A grant may be used by a recipient that has developed a
strategic plan to implement transition projects to modify the type and extent
of pharmacy services provided, in order to reflect the needs of the
community. Grants may also be used by
recipients:
(1) to develop pharmacy practices that integrate pharmacy
and existing health care provider facilities; or
(2) to establish a pharmacy provider cooperative or
initiatives that maintain local access to prescription medications and the
skills of a pharmacist.
Subd. 3.
[FUNDING.] In accordance with section 214.06, fee revenues collected
by the Board of Pharmacy shall pay for:
(1) anticipated operating expenditures during the fiscal
biennium; and
(2) appropriations for the rural pharmacy grant program
administered by the Department of Health.
The commissioner of finance
shall make available money in the state government special revenue fund for the
operation and administration of the rural pharmacy grant program. No more than ten percent of the money appropriated
for the rural pharmacy grant program may be used for administrative expenses.
Subd. 4.
[CONSIDERATION OF GRANTS.] In determining which applicants shall
receive grants under this section, the commissioner of health shall appoint a
committee comprised of members with experience and knowledge about rural
pharmacy issues including two rural pharmacists with a community pharmacy
background, two health care providers from rural communities, one
representative from a statewide pharmacist organization, and one representative
of the Board of Pharmacy. A
representative of the commissioner may serve on the committee in an ex officio
status. In determining who shall
receive a grant, the committee shall take into account:
(1) improving or maintaining access to prescription
medications and the skills of a pharmacist;
(2) changes in service populations;
(3) the extent community pharmacy needs are not currently
met by other providers in the area;
(4) the financial condition of the applicant;
(5) the integration of pharmacy services into existing
health care services; and
(6) community support.
Subd. 5.
[ALLOCATION OF GRANTS.] (a) The commissioner shall establish a
deadline for receiving applications and must make a final decision on the
funding of each application within 60 days of the deadline. An applicant must apply no later than March
1 of each fiscal year for grants awarded for that fiscal year. Each relevant community board has 30 days in
which to review and comment to the commissioner on eligible applications.
(b) Any grant awarded must not exceed $50,000 a year and may
not exceed a one-year term.
(c) Applicants may apply to the program each year they are
eligible.
(d) Project grants may not be used to retire debt incurred
with respect to any capitol expenditure made prior to the date on which the
project is initiated.
Subd. 6.
[EVALUATION.] The grant program shall be evaluated annually in
reports by the recipients of the grants.
An academic institution that has the expertise in evaluating rural
pharmacy outcomes may participate in the program evaluation if asked by a
recipient or the commissioner.
Sec. 12. Minnesota
Statutes 2004, section 144.148, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITION.] (a) For purposes of this section, the following
definitions apply.
(b) "Eligible rural hospital" means any nonfederal,
general acute care hospital that:
(1) is either located in a rural area, as defined in the
federal Medicare regulations, Code of Federal Regulations, title 42, section
405.1041, or located in a community with a population of less than 10,000
15,000, according to United States Census Bureau statistics, outside the
seven-county metropolitan area;
(2) has 50 or fewer beds; and
(3) is not for profit.
(c) "Eligible project" means a modernization project
to update, remodel, or replace aging hospital facilities and equipment
necessary to maintain the operations of a hospital, including establishing
an electronic health records system.
Sec. 13. Minnesota
Statutes 2004, 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) 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;
(4) (3) develop a statewide, coordinated
recruitment strategy for health care personnel and maintain a database on
health care personnel as required under section 144.1485;
(5) (4) 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;
(6) (5) 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;
(7) (6) support efforts to ensure continued
funding for medical and nursing education programs that will increase the
number of health professionals serving in rural areas;
(8) (7) support efforts to secure higher
reimbursement for rural health care providers from the Medicare and medical
assistance programs;
(9) (8) coordinate the development of a statewide
plan for emergency medical services, in cooperation with the Emergency Medical
Services Advisory Council;
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 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 (10) (9) 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
(11) (10) carry out other activities necessary to
address rural health problems.
Sec. 14. Minnesota
Statutes 2004, section 144.1501, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITIONS.] (a) For purposes of this section, the following
definitions apply.
(b) "Dentist" means an individual who is licensed
to practice dentistry.
(c) "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) (d) "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) (e) "Medical resident" means an
individual participating in a medical residency in family practice, internal
medicine, obstetrics and gynecology, pediatrics, or psychiatry.
(e) (f) "Midlevel practitioner" means a
nurse practitioner, nurse-midwife, nurse anesthetist, advanced clinical nurse
specialist, or physician assistant.
(f) (g) "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) (h) "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) (i) "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) (j) "Pharmacist" means an individual
with a valid license to practice pharmacy issued under chapter 151.
(k) "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) (l) "Physician assistant" means a
person registered under chapter 147A.
(k) (m) "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) (n) "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.
Sec. 15. Minnesota
Statutes 2004, section 144.1501, subdivision 2, is amended to read:
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 dentists agreeing to deliver at least 25
percent of the dentist's yearly patient encounters to state public program
enrollees or patients receiving sliding fee schedule discounts through a formal
sliding fee schedule meeting the standards established by the United States
Department of Health and Human Services under Code of Federal Regulations,
title 42, section 51, chapter 303; 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, and for pharmacists who agree to
practice in designated rural areas.
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.
Sec. 16. Minnesota
Statutes 2004, section 144.1501, subdivision 3, is amended to read:
Subd. 3. [ELIGIBILITY.]
(a) To be eligible to participate in the loan forgiveness program, an
individual must:
(1) be a medical or dental resident or a licensed
pharmacist or be enrolled in a dentist, midlevel practitioner,
registered nurse, or a licensed practical nurse training program; and
(2) submit an application to the commissioner of health. If fewer applications are submitted by
dental students or residents than there are dentist participant slots
available, the commissioner may consider applications submitted by dental
program graduates who are licensed dentists.
(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.
Sec. 17. Minnesota Statutes
2004, section 144.1501, subdivision 4, is amended to read:
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, patient group, 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 to
the vacancy rate for each profession in the required geographic area, patient
group, or facility type specified in subdivision 2. 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. urban underserved communities any
eligible profession, the remaining funds may be allocated for rural
physician loan forgiveness proportionally among the other eligible
professions according
Sec. 18. Minnesota
Statutes 2004, section 144.226, subdivision 1, is amended to read:
Subdivision 1. [WHICH
SERVICES ARE FOR FEE.] The fees for the following services shall be the
following or an amount prescribed by rule of the commissioner:
(a) The fee for the issuance of a certified vital record or a
certification that the vital record cannot be found is $8 $9. No fee shall be charged for a certified
birth or death record that is reissued within one year of the original issue,
if an amendment is made to the vital record and if the previously issued vital
record is surrendered. The fee is
nonrefundable.
(b) The fee for processing a request for the replacement
of a birth record for all events, except when filing a recognition of parentage
pursuant to section 257.73, subdivision 1, is $20 $40. The fee is payable at the time of
application and is nonrefundable.
(c) The fee for processing a request for the filing of a
delayed registration of birth or death is $20 $40. The fee is payable at the time of
application and is nonrefundable. This
fee includes one subsequent review of the request if the request is not
acceptable upon the initial receipt.
(d) The fee for processing a request for the amendment
of any vital record when requested more than 45 days after the filing of the
vital record is $20 $40.
No fee shall be charged for an amendment requested within 45 days after
the filing of the vital record. The
fee is payable at the time of application and is nonrefundable. This fee includes one subsequent review of
the request if the request is not acceptable upon the initial receipt.
(e) The fee for processing a request for the
verification of information from vital records is $8 $9 when the
applicant furnishes the specific information to locate the vital record. When the applicant does not furnish specific
information, the fee is $20 per hour for staff time expended. Specific information includes the correct
date of the event and the correct name of the registrant. Fees charged shall approximate the costs
incurred in searching and copying the vital records. The fee shall be is payable at the time of
application and is nonrefundable.
(f) The fee for processing a request for the issuance of
a copy of any document on file pertaining to a vital record or statement that a
related document cannot be found is $8 $9. The fee is payable at the time of
application and is nonrefundable.
Sec. 19.
Minnesota Statutes 2004, section 144.226, subdivision 4, is amended to
read:
Subd. 4. [VITAL RECORDS
SURCHARGE.] In addition to any fee prescribed under subdivision 1, there is a
nonrefundable surcharge of $2 $4 for each certified and
noncertified birth or death record, and for a certification that the record
cannot be found. The local or state
registrar shall forward this amount to the commissioner of finance to be
deposited into the state government special revenue fund. This surcharge shall not be charged under
those circumstances in which no fee for a birth or death record is permitted
under subdivision 1, paragraph (a).
Sec. 20. Minnesota
Statutes 2004, section 144.226, is amended by adding a subdivision to read:
Subd. 5.
[ELECTRONIC VERIFICATION.] A fee for the electronic verification of a
vital event, when the information being verified is obtained from a certified
birth or death record, shall be established through contractual or interagency
agreements with interested local, state, or federal government agencies.
Sec. 21. Minnesota
Statutes 2004, section 144.226, is amended by adding a subdivision to read:
Subd. 6.
[ALTERNATIVE PAYMENT METHODS.] Notwithstanding subdivision 1,
alternative payment methods may be approved and implemented by the state
registrar or a local registrar.
Sec. 22. [144.3431]
[ABORTION NOTIFICATION DATA.]
Subdivision 1.
[REPORTING FORM.] (a) Within 90 days of the effective date of this
section, the commissioner of health shall prepare a reporting form for use by
physicians and facilities performing abortions.
(b) The form shall require the following information:
(1) the number of minors or women for whom a guardian has
been appointed under sections 524.5-301 to 524.5‑317 because of a finding
of incompetency for whom the physician or an agent of the physician provided
the notice described in section 144.343, subdivision 2; of that number, the
number of notices provided personally as described in section 144.343,
subdivision 2, paragraph (a), and the number of notices provided by mail as
described in section 144.343, subdivision 2, paragraph (b); and of each of
those numbers, the number who, to the best of the reporting physician's or
reporting facility's information and belief, went on to obtain the abortion
from the reporting physician or reporting physician's facility, or from the
reporting facility;
(2) the number of minors or women for whom a guardian has
been appointed under sections 524.5-301 to 524.5‑317 because of a finding
of incompetency upon whom the physician performed an abortion without providing
the notice described in section 144.343, subdivision 2; and of that number, the
number who were emancipated minors, and the number for whom section 144.343,
subdivision 4, was applicable, itemized by each of the limitations identified
in paragraphs (a), (b), and (c) of that subdivision;
(3) the number of abortions performed by the physician for
which judicial authorization was received and for which the notification
described in section 144.343, subdivision 2, was not provided;
(4) the county the female resides in; the county where the
abortion was performed, if different from the female's residence; and, if a
judicial bypass was obtained, the county it was obtained in, if different from
the female's residence;
(5) the age of the female;
(6) the race of the female;
(7) the process the physician or the physician's
agent used to inform the female of the judicial bypass; whether court forms
were provided to her; and whether the physician or the physician's agent made
the court arrangement for the female; and
(8) how soon after visiting the abortion facility the female
went to court to obtain a judicial bypass.
Subd. 2. [FORMS
TO PHYSICIANS AND FACILITIES.] Physicians and facilities required to report
under subdivision 3 shall obtain reporting forms from the commissioner.
Subd. 3.
[SUBMISSION.] (a) The following physicians or facilities must submit
the forms to the commissioner no later than April 1 for abortions performed in
the previous calendar year:
(1) a physician who provides, or whose agent provides, the
notice described in section 144.343, subdivision 2, or the facility at which
such notice is provided; and
(2) a physician who knowingly performs an abortion upon a
minor or a woman for whom a guardian has been appointed according to sections
524.5-301 to 524.5-317 because of a finding of incompetency, or a facility at
which such an abortion is performed.
(b) The commissioner shall maintain as confidential data
which alone or in combination may constitute information that would reasonably
lead, using epidemiologic principles, to the identification of:
(1) an individual who has had an abortion, who has received
judicial authorization for an abortion, or to whom the notice described in
section 144.343, subdivision 2, has been provided; or
(2) a physician or facility required to report under
paragraph (a).
Subd. 4.
[FAILURE TO REPORT AS REQUIRED.] (a) Reports that are not submitted
more than 30 days following the due date shall be subject to a late fee of $500
for each additional 30-day period or portion of a 30-day period overdue. If a physician or facility required to report
under this section has not submitted a report, or has submitted only an
incomplete report, more than one year following the due date, the commissioner
of health shall bring an action in a court of competent jurisdiction for an
order directing the physician or facility to submit a complete report within a
period stated by court order or be subject to sanctions. If the commissioner brings such an action
for an order directing a physician or facility to submit a complete report, the
court may assess reasonable attorney fees and costs against the noncomplying
party.
(b) Notwithstanding section 13.39, data related to actions
taken by the commissioner to enforce any provision of this section is private
data if the data, alone or in combination, may constitute information that
would reasonably lead, using epidemiologic principles, to the identification
of:
(1) an individual who has had an abortion, who has received
judicial authorization for an abortion, or to whom the notice described in
section 144.343, subdivision 2, has been provided; or
(2) a physician or facility required to report under
subdivision 3.
Subd. 5. [PUBLIC
RECORDS.] (a) By September 30 of each year, the commissioner of health shall
issue a public report providing statistics for each item listed in subdivision
1 for the previous calendar year compiled from reports submitted according to
this section. The report shall also
include statistics, which shall be obtained from court administrators, that
include:
(1) the total number of petitions or motions filed under
section 144.343, subdivision 6, paragraph (c), clause (i);
(2) the number of cases in which the court appointed a
guardian ad litem;
(3) the number of cases in which the court appointed
counsel;
(4) the number of cases in which the judge issued an order
authorizing an abortion without notification, including:
(i) the number of petitions or motions granted by the court
because of a finding of maturity and the basis for that finding; and
(ii) the number of petitions or motions granted because of a
finding that the abortion would be in the best interest of the minor and the
basis for that finding;
(5) the number of denials from which an appeal was filed;
(6) the number of appeals that resulted in a denial being
affirmed; and
(7) the number of appeals that resulted in reversal of a
denial.
(b) The report shall provide the statistics for all previous
calendar years for which a public report was required to be issued, adjusted to
reflect any additional information from late or corrected reports.
(c) The commissioner shall ensure that all statistical
information included in the public reports are presented so that the data
cannot reasonably lead, using epidemiologic principles, to the identification
of:
(1) an individual who has had an abortion, who has received
judicial authorization for an abortion, or to whom the notice described in
section 144.343, subdivision 2, has been provided; or
(2) a physician or facility who has submitted a form to the
commissioner under subdivision 3.
Subd. 6.
[MODIFICATION OF REQUIREMENTS.] The commissioner of health may, by
administrative rule, alter the dates established in subdivisions 3 and 5,
consolidate the forms created according to subdivision 1 with the reporting
form created according to section 145.4131, or consolidate reports to achieve
administrative convenience or fiscal savings, to allow physicians and
facilities to submit all information collected by the commissioner regarding
abortions at one time, or to reduce the burden of the data collection, so long
as the report described in subdivision 5 is issued at least once a year.
Subd. 7. [SUIT
TO COMPEL STATISTICAL REPORT.] If the commissioner of health fails to issue
the public report required under subdivision 5, any group of ten or more
citizens of the state may seek an injunction in a court of competent
jurisdiction against the commissioner, requiring that a complete report be
issued within a period stated by court order.
Failure to abide by the injunction shall subject the commissioner to
sanctions for civil contempt.
Subd. 8.
[ATTORNEY FEES.] If judgment is rendered in favor of the plaintiff in
any action described in this section, the court shall also render judgment for
a reasonable attorney fee in favor of the plaintiff against the defendant. If the judgment is rendered in favor of the
defendant and the court finds that plaintiff's suit was frivolous and brought
in bad faith, the court shall render judgment for a reasonable attorney fee in
favor of the defendant against the plaintiff.
Subd. 9.
[SEVERABILITY.] If any one or more provision, section, subdivision,
sentence, clause, phrase, or word of this section or the application thereof to
any person or circumstance is found to be unconstitutional, the same is hereby
declared to be severable and the balance of this section shall remain effective
notwithstanding such unconstitutionality. The legislature hereby declares that it
would have passed this section, and each provision, section, subdivision,
sentence, clause, phrase, or word thereof irrespective of the fact that any one
provision, section, subdivision, sentence, clause, phrase, or word be declared
unconstitutional.
Sec. 23. Minnesota Statutes
2004, section 144.3831, subdivision 1, is amended to read:
Subdivision 1. [FEE
SETTING.] The commissioner of health may assess an annual fee of $5.21 $6.36
for every service connection to a public water supply that is owned or operated
by a home rule charter city, a statutory city, a city of the first class, or a
town. The commissioner of health may
also assess an annual fee for every service connection served by a water user
district defined in section 110A.02.
[EFFECTIVE DATE.] This
section is effective July 1, 2006.
Sec. 24. Minnesota
Statutes 2004, 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;
(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. Beds constructed under this clause shall not
be eligible for reimbursement under medical assistance, general assistance
medical care, or MinnesotaCare;
(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;
(17) a project involving the addition of 14 new hospital beds
to be used for rehabilitation services in an existing hospital in Itasca
County; or
(18) a project to add 20 licensed beds in existing space at a
hospital in Hennepin County that closed 20 rehabilitation beds in 2002,
provided that the beds are used only for rehabilitation in the hospital's
current rehabilitation building. If the
beds are used for another purpose or moved to another location, the hospital's
licensed capacity is reduced by 20 beds; or
(19) a critical access hospital established under section
144.1483, clause (10), and section 1820 of the federal Social Security Act,
United States Code, title 42, section 1395i-4, that delicensed beds since
enactment of the Balanced Budget Act of 1997, Public Law 105-33, to the extent
that the critical access hospital does not seek to exceed the maximum number of
beds permitted such hospital under federal law.
Sec. 25. Minnesota
Statutes 2004, section 144.562, subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY
FOR LICENSE CONDITION.] (a) A hospital is not eligible to receive a
license condition for swing beds unless (1) it either has a licensed bed
capacity of less than 50 beds defined in the federal Medicare regulations, Code
of Federal Regulations, title 42, section 482.66, or it has a licensed bed
capacity of 50 beds or more and has swing beds that were approved for Medicare reimbursement
before May 1, 1985, or it has a licensed bed capacity of less than 65 beds and
the available nursing homes within 50 miles have had, in the aggregate, an
average occupancy rate of 96 percent or higher in the most recent two years as
documented on the statistical reports to the Department of Health; and (2) it
is located in a rural area as defined in the federal Medicare regulations, Code
of Federal Regulations, title 42, section 482.66.
(b) Except for those critical access hospitals established
under section 144.1483, clause (10), and section 1820 of the federal Social
Security Act, United States Code, title 42, section 1395i-4, that have an
attached nursing home, eligible hospitals are allowed a total of 1,460
2,000 days of swing bed use per year, provided that no more than ten
hospital beds are used as swing beds at any one time. Critical access hospitals that have an
attached nursing home are allowed swing bed use as provided in federal law.
(c) Except for critical access hospitals that have an
attached nursing home, the commissioner of health must may
approve swing bed use beyond 1,460 2,000 days as long as there
are no Medicare certified skilled nursing facility beds available within 25
miles of that hospital that are willing to admit the patient. Critical access hospitals exceeding 2,000
swing bed days must maintain documentation that they have contacted skilled
nursing facilities within 25 miles to determine if any skilled nursing facility
beds are available that are willing to admit the patient.
(d) After reaching 2,000 days of swing bed use in a year, an
eligible hospital to which this limit applies may admit six additional patients
to swing beds each year without seeking approval from the commissioner or being
in violation of this subdivision. These
six swing bed admissions are exempt from the limit of 2,000 annual swing bed
days for hospitals subject to this limit.
(e) A health care system that is in full compliance with
this subdivision may allocate its total limit of swing bed days among the
hospitals within the system, provided that no hospital in the system without an
attached nursing home may exceed 2,000 swing bed days per year.
Sec. 26. [144.574]
[EDUCATION ABOUT THE DANGERS OF SHAKING INFANTS AND YOUNG CHILDREN.]
Subdivision 1.
[EDUCATION BY HOSPITALS.] (a) A hospital licensed under sections
144.50 to 144.56 shall make available for viewing by the parents of each
newborn baby delivered in the hospital a video presentation on the dangers
associated with shaking infants and young children.
(b) A hospital shall use a video obtained from the
commissioner or approved by the commissioner.
The commissioner shall provide to a hospital at cost copies of an
approved video. The commissioner shall
review other video presentations for possible approval upon the request of a
hospital. The commissioner shall not
require a hospital to use videos that would require the hospital to pay
royalties for use of the video, restrict viewing in order to comply with public
viewing or other restrictions, or be subject to other costs or restrictions
associated with copyrights.
(c) A hospital shall, whenever possible, request both
parents to view the video.
(d) The showing or distribution of the video shall not
subject any person or facility to any action for damages or other relief
provided the person or facility acted in good faith.
Subd. 2.
[EDUCATION BY HEALTH CARE PROVIDERS.] The commissioner shall
establish a protocol for health care providers to educate parents and primary caregivers
about the dangers associated with shaking infants and young children. The commissioner shall request family
practice physicians, pediatricians, and other pediatric health care providers
to review these dangers with the parents and primary caregivers of infants and
young children up to the age of three at each well-baby visit.
Sec. 27. [144.601]
[ESTABLISHING A VOLUNTARY TRAUMA SYSTEM.]
The legislature finds that death and disability from major
trauma among Minnesotans can be reduced by implementing a statewide trauma
system designed to provide that each severely injured person is promptly
transported and treated at facilities appropriate to the severity of
injury. The legislature further finds
that the most effective way to ensure this outcome is through a system of
voluntary participation, based on criteria issued by the commissioner of
health.
Sec. 28. [144.602]
[DEFINITIONS.]
Subdivision 1.
[APPLICABILITY.] For purposes of sections 144.601 to 144.608, the
terms defined in this section have the meanings given them.
Subd. 2.
[COMMISSIONER.] "Commissioner" means the commissioner of
health.
Subd. 3. [MAJOR
TRAUMA.] "Major trauma" means a sudden severe injury or damage to
the body caused by an external force that results in potentially
life-threatening injuries or that could result in the following disabilities:
(1) impairment of cognitive or mental abilities;
(2) impairment of physical functioning; or
(3) disturbance of behavioral or emotional functioning.
Subd. 4. [TRAUMA HOSPITAL.] "Trauma hospital" means a
hospital that voluntarily meets the commissioner's criteria under section
144.603 and that has been designated as a trauma hospital under section
144.605.
Sec. 29. [144.603]
[STATEWIDE TRAUMA SYSTEM CRITERIA.]
Subdivision 1.
[CRITERIA ESTABLISHED.] The commissioner shall adopt criteria to
ensure that severely injured people are promptly transported and treated at
trauma hospitals appropriate to the severity of injury. Minimum criteria shall address emergency
medical service trauma triage and transportation guidelines as approved under
section 144E.102, subdivision 14, designation of hospitals as trauma hospitals,
interhospital transfers, a trauma registry, and a trauma system governance
structure.
Subd. 2. [BASIS;
VERIFICATION.] The commissioner shall base the establishment,
implementation, and modifications to the criteria under subdivision 1 on the
department-published Minnesota comprehensive statewide trauma system plan. The commissioner shall seek the advice of
the Trauma Advisory Council in implementing and updating the criteria, using
accepted and prevailing trauma transport, treatment, and referral standards of
the American College of Surgeons, the American College of Emergency Physicians,
the Minnesota Emergency Medical Services Regulatory Board, the national Trauma
Resources Network, and other widely recognized trauma experts. The commissioner shall adapt and modify the
standards as appropriate to accommodate Minnesota's unique geography and the
state's hospital and health professional distribution and shall verify that the
criteria are met by each hospital voluntarily participating in the statewide
trauma system.
Subd. 3. [RULE EXEMPTION AND REPORT TO THE LEGISLATURE.] In developing
and adopting the criteria under this section, the commissioner of health is
exempt from chapter 14, including section 14.386. By September 1, 2009, the commissioner must report to the
legislature on implementation of the voluntary trauma system, including recommendations
on the need for including the trauma system criteria in rule.
Sec. 30. [144.604]
[TRAUMA TRIAGE AND TRANSPORTATION.]
Subdivision 1.
[TRANSPORT REQUIREMENT.] Unless the Emergency Medical Services
Regulatory Board has approved a licensed ambulance service's deviation from the
guidelines under section 144E.101, subdivision 14, the ambulance service must
transport major trauma patients from the scene to the highest state-designated
trauma hospital within 30 minutes' transport time.
Subd. 2. [GROUND
AMBULANCE EXCEPTIONS.] Notwithstanding subdivision 1, ground ambulances must
comply with the following:
(1) patients with compromised airways must be transported
immediately to the nearest designated trauma hospital; and
(2) level II trauma hospitals capable of providing
definitive trauma care must not be bypassed to reach a level I trauma hospital.
Subd. 3.
[UNDESIGNATED HOSPITALS.] No major trauma patient shall be
transported to a hospital not participating in the statewide trauma system
unless no trauma hospital is available within 30 minutes' transport time.
[EFFECTIVE DATE.] This
section is effective July 1, 2009.
Sec. 31. [144.605]
[DESIGNATING TRAUMA HOSPITALS.]
Subdivision 1.
[NAMING PRIVILEGES.] Unless it has been designated a trauma hospital
by the commissioner, no hospital shall use the term trauma center or trauma
hospital in its name or its advertising or shall otherwise indicate it has
trauma treatment capabilities.
Subd. 2.
[DESIGNATION; REVERIFICATION.] The commissioner shall designate four
levels of trauma hospitals. A hospital
that voluntarily meets the criteria for a particular level of trauma hospital
shall apply to the commissioner for designation and, upon the commissioner's
verifying the hospital meets the criteria, be designated a trauma hospital at
the appropriate level for a three-year period.
Prior to the expiration of the three-year designation, a hospital
seeking to remain part of the voluntary system must apply for and successfully
complete a reverification process, be awaiting the site visit for the
reverification, or be awaiting the results of the site visit. The commissioner may extend a hospital's
existing designation for up to 18 months on a provisional basis if the hospital
has applied for reverification in a timely manner but has not yet completed the
reverification process within the expiration of the three-year designation and
the extension is in the best interest of trauma system patient safety. To be granted a provisional extension, the
hospital must be:
(1) scheduled and awaiting the site visit for
reverification;
(2) awaiting the results of the site visit; or
(3) responding to and correcting identified deficiencies
identified in the site visit.
Subd. 3. [ACS VERIFICATION.] The commissioner shall grant the
appropriate level I, II, or III trauma hospital designation to a hospital that
successfully completes and passes the American College of Surgeons (ACS)
verification standards at the hospital's cost, submits verification
documentation to the Trauma Advisory Council, and formally notifies the Trauma
Advisory Council of ACS verification.
Subd. 4. [LEVEL
III DESIGNATION; NOT ACS VERIFIED.] (a) The commissioner shall grant the
appropriate level III trauma hospital designation to a hospital that is not ACS
verified but that successfully completes the designation process under
paragraph (b).
(b) The hospital must complete and submit a self-reported
survey and application to the Trauma Advisory Council for review, verifying
that the hospital meets the criteria as a level III trauma hospital. When the Trauma Advisory Council is
satisfied the application is complete, the commissioner shall arrange a site
review visit. Upon successful
completion of the site review, the review team shall make written
recommendations to the Trauma Advisory Council. If approved by the Trauma Advisory Council, a letter of
recommendation shall be sent to the commissioner for final approval and
designation.
Subd. 5. [LEVEL
IV DESIGNATION.] (a) The commissioner shall grant the appropriate level IV
trauma hospital designation to a hospital that successfully completes the
designation process under paragraph (b).
(b) The hospital must complete and submit a self-reported
survey and application to the Trauma Advisory Council for review, verifying
that the hospital meets the criteria as a level IV trauma hospital. When the Trauma Advisory Council is
satisfied the application is complete, the council shall review the application
and, if the council approves the application, send a letter of recommendation
to the commissioner for final approval and designation. The commissioner shall grant a level IV
designation and shall arrange a site review visit within three years of the
designation and every three years thereafter, to coincide with the three-year
reverification process.
Subd. 6.
[CHANGES IN DESIGNATION.] Changes in a trauma hospital's ability to
meet the criteria for the hospital's level of designation must be self-reported
to the Trauma Advisory Council and to other regional hospitals and local
emergency medical services providers and authorities. If the hospital cannot correct its ability to meet the criteria
for its level within six months, the hospital may apply for redesignation at a
different level.
Subd. 7. [HIGHER
DESIGNATION.] A trauma hospital may apply for a higher trauma hospital
designation one time during the hospital's three-year designation by completing
the designation process for that level of trauma hospital.
Subd. 8. [LOSS
OF DESIGNATION.] The commissioner may refuse to designate or redesignate or
may revoke a previously issued trauma hospital designation if a hospital does
not meet the criteria of the statewide trauma plan, in the interests of patient
safety, or if a hospital denies or refuses a reasonable request by the
commissioner or the commissioner's designee to verify information by
correspondence or an on-site visit.
Sec. 32. [144.606]
[INTERHOSPITAL TRANSFERS.]
Subdivision 1.
[WRITTEN PROCEDURES REQUIRED.] A level III or IV trauma hospital must
have predetermined, written procedures that direct the internal process for
rapidly and efficiently transferring a major trauma patient to definitive care,
including:
(1) clearly identified anatomic and physiologic criteria
that, if met, will immediately initiate transfer to definitive care;
(2) a listing of appropriate ground and air transport
services, including primary and secondary telephone contact numbers; and
(3) immediately available supplies, records,
or other necessary resources that will accompany a patient.
Subd. 2.
[TRANSFER AGREEMENTS.] (a) A level III or IV trauma hospital may
transfer patients to a hospital with which the trauma hospital has a written
transfer agreement.
(b) Each agreement must be current and with a trauma
hospital or trauma hospitals capable of caring for major trauma injuries.
(c) A level III or IV trauma hospital must have a current
transfer agreement with a hospital that has special capabilities in the
treatment of burn injuries and a transfer agreement with a second hospital that
has special capabilities in the treatment of burn injuries, should the primary
transfer hospital be unable to accept a burn patient.
Sec. 33. [144.607]
[TRAUMA REGISTRY.]
Subdivision 1.
[REGISTRY PARTICIPATION REQUIRED.] A trauma hospital must participate
in the statewide trauma registry.
Subd. 2. [TRAUMA
REPORTING.] A trauma hospital must report major trauma injuries as part of
the reporting for the traumatic brain injury and spinal cord injury registry
required in sections 144.661 to 144.665.
Subd. 3.
[APPLICATION OF OTHER LAW.] Sections 144.661 to 144.665 apply to a
major trauma reported to the statewide trauma registry, with the exception of
sections 144.662, clause (2), and 144.664, subdivision 3.
Sec. 34. [144.608]
[TRAUMA ADVISORY COUNCIL.]
Subdivision 1.
[TRAUMA ADVISORY COUNCIL ESTABLISHED.] (a) A Trauma Advisory Council
is established to advise, consult with, and make recommendations to the
commissioner on the development, maintenance, and improvement of a statewide
trauma system.
(b) The council shall consist of the following members:
(1) a trauma surgeon certified by the American College of
Surgeons who practices in a level I or II trauma hospital;
(2) a general surgeon certified by the American College of
Surgeons whose practice includes trauma and who practices in a designated rural
area as defined under section 144.1501, subdivision 1, paragraph (b);
(3) a neurosurgeon certified by the American Board of
Neurological Surgery who practices in a level I or II trauma hospital;
(4) a trauma program nurse manager or coordinator practicing
in a level I or II trauma hospital;
(5) an emergency physician certified by the American College
of Emergency Physicians whose practice includes emergency room care in a level
I, II, III, or IV trauma hospital;
(6) an emergency room nurse manager who practices in a level
III or IV trauma hospital;
(7) a family practice physician whose practice includes
emergency room care in a level III or IV trauma hospital located in a
designated rural area as defined under section 144.1501, subdivision 1,
paragraph (b);
(8) a nurse practitioner, as defined
under section 144.1501, subdivision 1, paragraph (h), or a physician assistant,
as defined under section 144.1501, subdivision 1, paragraph (j), whose practice
includes emergency room care in a level IV trauma hospital located in a
designated rural area as defined under section 144.1501, subdivision 1,
paragraph (b);
(9) a pediatrician certified by the American Academy of
Pediatrics whose practice includes emergency room care in a level I, II, III,
or IV trauma hospital;
(10) an orthopedic surgeon certified by the American Board
of Orthopaedic Surgery whose practice includes trauma and who practices in a
level I, II, or III trauma hospital;
(11) the state emergency medical services medical director
appointed by the Emergency Medical Services Regulatory Board;
(12) a hospital administrator of a level III or IV trauma
hospital located in a designated rural area as defined under section 144.1501,
subdivision 1, paragraph (b);
(13) a rehabilitation specialist whose practice includes
rehabilitation of patients with major trauma injuries or traumatic brain injuries
and spinal cord injuries as defined under section 144.661;
(14) an attendant or ambulance director who is an EMT,
EMT-I, or EMT-P within the meaning of section 144E.001 and who actively
practices with a licensed ambulance service in a primary service area located
in a designated rural area as defined under section 144.1501, subdivision 1,
paragraph (b); and
(15) the commissioner of public safety or the commissioner's
designee.
(c) Council members whose appointment is dependent on
practice in a level III or IV trauma hospital may be appointed to an initial
term based upon their statements that the hospital intends to become a level
III or IV facility by July 1, 2009.
Subd. 2.
[COUNCIL ADMINISTRATION.] (a) The council must meet at least twice a
year but may meet more frequently at the call of the chair, a majority of the
council members, or the commissioner.
(b) The terms, compensation, and removal of members of the
council are governed by section 15.059, except that the council expires June
30, 2015.
(c) The council may appoint subcommittees and
workgroups. Subcommittees shall consist
of council members. Workgroups may
include noncouncil members. Noncouncil
members shall be compensated for workgroup activities under section 15.059,
subdivision 3, but shall receive expenses only.
Subd. 3.
[REGIONAL TRAUMA ADVISORY COUNCILS.] (a) Up to eight regional trauma
advisory councils may be formed as needed.
(b) Regional trauma advisory councils shall advise, consult
with, and make recommendation to the state Trauma Advisory Council on suggested
regional modifications to the statewide trauma criteria that will improve
patient care and accommodate specific regional needs.
(c) Each regional advisory council must have no more than 15
members. The commissioner, in
consultation with the Emergency Medical Services Regulatory Board, shall name
the council members.
(d) Regional council members may receive expenses in the
same manner and amount as authorized by the plan adopted under section 43A.18,
subdivision 2.
Sec. 35. [144.707]
[CANCER DRUG REPOSITORY PROGRAM.]
Subdivision 1.
[DEFINITIONS.] (a) For the purposes of this section, the terms
defined in this subdivision have the meanings given.
(b) "Cancer drug" means a prescription drug that
is used to treat:
(1) cancer or the side effects of cancer; or
(2) the side effects of any prescription drug that is used
to treat cancer or the side effects of cancer.
(c) "Cancer drug repository" means a medical
facility or pharmacy that has notified the Board of Pharmacy of its election to
participate in the cancer drug repository program.
(d) "Cancer supply" or "cancer supplies"
means prescription and nonprescription cancer supplies needed to administer a
cancer drug.
(e) "Board of Pharmacy" means the Minnesota State
Board of Pharmacy.
(f) "Dispense" has the meaning given in section
151.01, subdivision 30.
(g) "Distribute" means to deliver, other than by
administering or dispensing.
(h) "Donor" means an individual and not a
manufacturer or wholesale drug distributor.
(i) "Medical facility" means an institution
defined in section 144.50, subdivision 2.
(j) "Medical supplies" means any prescription and
nonprescription medical supply needed to administer a cancer drug.
(k) "Pharmacist" has the meaning given in section
151.01, subdivision 3.
(l) "Pharmacy" means any pharmacy registered with
the Board of Pharmacy according to section 151.19, subdivision 1.
(m) "Practitioner" has the meaning given in
section 151.01, subdivision 23.
(n) "Prescription drug" means a legend drug as
defined in section 151.01, subdivision 17.
(o) "Side effects of cancer" means symptoms of
cancer.
(p) "Single-unit-dose packaging" means a
single-unit container for articles intended for administration as a single
dose, direct from the container.
(q) "Tamper-evident unit dose packaging" means a
container within which a drug is sealed so that the contents cannot be opened
without obvious destruction of the seal.
Subd. 2. [ESTABLISHMENT.]
The Board of Pharmacy shall establish and maintain a cancer drug repository
program under which any person may donate a cancer drug or supply for use by an
individual who meets the eligibility criteria specified under subdivision 4. Under the program, donations may be made on
the premises of a medical facility or pharmacy that elects to participate in
the program and meets the requirements specified under subdivision 3.
Subd. 3.
[REQUIREMENTS FOR PARTICIPATION BY PHARMACIES AND MEDICAL FACILITIES.] (a)
To be eligible for participation in the cancer drug repository program, a
pharmacy or medical facility must be licensed and in compliance with all
applicable federal and state laws and administrative rules.
(b) Participation in the cancer drug repository program is
voluntary. A pharmacy or medical
facility may elect to participate in the cancer drug repository program by
submitting the following information to the Board of Pharmacy, in a form
provided by the Board of Pharmacy:
(1) the name, street address, and telephone number of the
pharmacy or medical facility;
(2) the name and telephone number of a pharmacist who is
employed by or under contract with the pharmacy or medical facility, or other
contact person who is familiar with the pharmacy's or medical facility's
participation in the cancer drug repository program; and
(3) a statement indicating that the pharmacy or medical
facility meets the eligibility requirements under paragraph (a) and the chosen
level of participation under paragraph (c).
(c) A pharmacy or medical facility may fully participate in
the cancer drug repository program by accepting, storing, and dispensing
donated drugs and supplies, or may limit its participation to only accepting
and storing donated drugs and supplies.
If a pharmacy or facility chooses to limit its participation, the
pharmacy or facility shall distribute any donated drugs to a fully
participating cancer drug repository according to subdivision 8.
(d) A pharmacy or medical facility may withdraw from
participation in the cancer drug repository program at any time upon
notification to the Board of Pharmacy.
A notice to withdraw from participation may be given by telephone or
U.S. mail.
Subd. 4.
[INDIVIDUAL ELIGIBILITY REQUIREMENTS.] Any Minnesota resident who is
diagnosed with cancer is eligible to receive drugs or supplies under the cancer
drug repository program. Drugs and
supplies shall be dispensed according to the priority given under subdivision
6.
Subd. 5.
[DONATIONS OF CANCER DRUGS AND SUPPLIES.] (a) Any one of the
following persons may donate legally obtained cancer drugs or supplies to a
cancer drug repository if the drugs or supplies meet the requirements under
paragraph (b) or (c) as determined by a pharmacist who is employed by or under
contract with a cancer drug repository:
(1) an individual who is 18 years of age or older; or
(2) a pharmacy, medical facility, drug manufacturer, or
wholesale drug distributor, if the donated drugs have not been previously
dispensed.
(b) A cancer drug is eligible for donation under the cancer
drug repository program only if the following requirements are met:
(1) the donation is accompanied by a cancer drug repository
donor form described under paragraph (d) that is signed by the person making
the donation or that person's authorized representative;
(2) the drug's expiration date is at least six months later
than the date that the drug was donated;
(3) the drug is in its original, unopened, tamper-evident
unit dose packaging that includes the drug's lot number and expiration
date. Single-unit dose drugs may be
accepted if the single-unit-dose packaging is unopened; and
(4) the drug is not adulterated or misbranded.
(c) Cancer supplies are eligible for donation under the
cancer drug repository program only if the following requirements are met:
(1) the supplies are not adulterated or misbranded;
(2) the supplies are in their original, unopened, sealed
packaging; and
(3) the donation is accompanied by a cancer drug repository
donor form described under paragraph (d) that is signed by the person making
the donation or that person's authorized representative.
(d) The cancer drug repository donor form must be provided
by the Board of Pharmacy and shall state that to the best of the donor's
knowledge the donated drug or supply has been properly stored and that the drug
or supply has never been opened, used, tampered with, adulterated, or
misbranded. The Board of Pharmacy shall
make the cancer drug repository donor form available on the Board of Pharmacy's
Web site.
(e) Controlled substances and drugs and supplies that do not
meet the criteria under this subdivision are not eligible for donation or
acceptance under the cancer drug repository program.
(f) Drugs and supplies may be donated on the premises of a
cancer drug repository to a pharmacist designated by the repository. A drop box may not be used to deliver or
accept donations.
(g) Cancer drugs and supplies donated under the cancer drug
repository program must be stored in a secure storage area under environmental
conditions appropriate for the drugs or supplies being stored. Donated drugs and supplies may not be stored
with nondonated inventory.
Subd. 6.
[DISPENSING REQUIREMENTS.] (a) Drugs and supplies must be dispensed
by a licensed pharmacist pursuant to a prescription by a practitioner and
according to the requirements of chapter 151.
(b) Before being dispensed, cancer drugs and supplies shall
be visually inspected by the pharmacist for adulteration, misbranding, and date
of expiration. Drugs or supplies that
have expired or appear upon visual inspection to be adulterated, misbranded, or
tampered with in any way may not be dispensed.
(c) Before a cancer drug or supply may be dispensed to an
individual, the individual must sign a cancer drug repository recipient form
provided by the Board of Pharmacy acknowledging that the individual understands
the information stated on the form. The
form shall include the following information:
(1) that the drug or supply being dispensed has been donated
and may have been previously dispensed;
(2) that a visual inspection has been conducted by the
pharmacist to ensure that the drug has not expired, has not been adulterated or
misbranded, and is in its original, unopened packaging; and
(3) that the dispensing pharmacist, the cancer drug
repository, the Board of Pharmacy, and any other participant in the cancer drug
repository program cannot guarantee the safety of the drug or supply being
dispensed and that the pharmacist has determined that the drug or supply is
safe to dispense based on the accuracy of the donor's form submitted with the
donated drug or supply and the visual inspection required to be performed by
the pharmacist before dispensing.
The Board of Pharmacy shall
make the cancer drug repository form available on the Board of Pharmacy's Web
site.
(d) Drugs and supplies shall only be dispensed to
individuals who meet the eligibility requirements in subdivision 4 and in the
following order of priority:
(1) individuals who are uninsured;
(2) individuals who are enrolled in medical assistance,
general assistance medical care, MinnesotaCare, Medicare, or other public
assistance health care; and
(3) all other individuals who are otherwise eligible under
subdivision 4 to receive drugs or supplies from a cancer drug repository.
Subd. 7.
[HANDLING FEES.] A cancer drug repository may charge the individual
receiving a drug or supply a handling fee of no more than 250 percent of the medical
assistance program dispensing fee for each cancer drug or supply dispensed.
Subd. 8.
[DISTRIBUTION OF DONATED CANCER DRUGS AND SUPPLIES.] (a) Cancer drug
repositories may distribute drugs and supplies donated under the cancer drug
repository program to other repositories if requested by a participating
repository.
(b) A cancer drug repository that has elected not to
dispense donated drugs or supplies shall distribute any donated drugs and
supplies to a participating repository upon request of the repository.
(c) If a cancer drug repository distributes drugs or
supplies under paragraph (a) or (b), the repository shall complete a cancer
drug repository donor form provided by the Board of Pharmacy. The completed form and a copy of the donor
form that was completed by the original donor under subdivision 5 shall be
provided to the fully participating cancer drug repository at the time of
distribution.
Subd. 9. [RESALE
OF DONATED DRUGS AND SUPPLIES.] Donated drugs and supplies may not be resold.
Subd. 10.
[RECORD KEEPING REQUIREMENTS.] (a) Cancer drug repository donor and
recipient forms shall be maintained for at least five years.
(b) A record of destruction of donated drugs and supplies
that are not dispensed under subdivision 6 shall be maintained by the
dispensing repository for at least five years.
For each drug or supply destroyed, the record shall include the
following information:
(1) the date of destruction;
(2) the name, strength, and quantity of the cancer drug
destroyed;
(3) the name of the person or firm that destroyed the drug;
and
(4) the source of the drugs or supplies destroyed.
Subd. 11.
[LIABILITY.] (a) The manufacturer of a drug or supply is not subject
to criminal or civil liability for injury, death, or loss to a person or to
property due to participation in the cancer drug repository program. Manufacturers are not liable for:
(1) the intentional or unintentional alteration of the drug
or supply by a party not under the control of the manufacturer; or
(2) failure of a party not under the control of the
manufacturer to transfer or communicate product or consumer information or the
expiration date of the donated drug or supply.
(b) A medical facility or pharmacy participating in the
program, a pharmacist dispensing a drug or supply pursuant to the program, a
practitioner administering a drug or supply pursuant to the program, or the
donor of a cancer drug or supply is immune from civil liability for an act or
omission that causes injury to or the death of an individual to whom the cancer
drug or supply is dispensed and no disciplinary action shall be taken against a
pharmacist or practitioner so long as the drug or supply is donated, accepted,
distributed, and dispensed according to the requirements of this section. This immunity does not apply if the act or
omission involves reckless, wanton, or intentional misconduct, or malpractice
unrelated to the quality of the cancer drug or supply.
Sec. 36. Minnesota
Statutes 2004, section 144.9504, subdivision 2, is amended to read:
Subd. 2. [LEAD RISK
ASSESSMENT.] (a) An assessing agency shall conduct a lead risk assessment of a
residence according to the venous blood lead level and time frame set forth in
clauses (1) to (5) (4) for purposes of secondary prevention:
(1) within 48 hours of a child or pregnant female in the
residence being identified to the agency as having a venous blood lead level
equal to or greater than 70 60 micrograms of lead per deciliter
of whole blood;
(2) within five working days of a child or pregnant female in
the residence being identified to the agency as having a venous blood lead
level equal to or greater than 45 micrograms of lead per deciliter of whole
blood;
(3) within ten working days of a child in the residence being
identified to the agency as having a venous blood lead level equal to or
greater than 20 15 micrograms of lead per deciliter of whole
blood;
(4) within ten working days of a child in the residence
being identified to the agency as having a venous blood lead level that
persists in the range of 15 to 19 micrograms of lead per deciliter of whole
blood for 90 days after initial identification; or
(5) within ten working days of a pregnant female in the
residence being identified to the agency as having a venous blood lead level
equal to or greater than ten micrograms of lead per deciliter of whole blood.
(b) Within the limits of available local, state, and federal
appropriations, an assessing agency may also conduct a lead risk assessment for
children with any elevated blood lead level.
(c) In a building with two or more dwelling units, an assessing
agency shall assess the individual unit in which the conditions of this section
are met and shall inspect all common areas accessible to a child. If a child visits one or more other sites
such as another residence, or a residential or commercial child care facility,
playground, or school, the assessing agency shall also inspect the other sites. The assessing agency shall have one
additional day added to the time frame set forth in this subdivision to
complete the lead risk assessment for each additional site.
(d) Within the limits of appropriations, the assessing agency
shall identify the known addresses for the previous 12 months of the child or
pregnant female with venous blood lead levels of at least contributed
to the child's or pregnant female's blood lead level. The assessing agency shall provide the notice required by this
subdivision without identifying the child or pregnant female with the elevated
blood lead level. The assessing agency
is not required to obtain the consent of the child's parent or guardian or the
consent of the pregnant female for purposes of this subdivision. This information shall be classified as
private data on individuals as defined under section 13.02, subdivision 12. 20 15
micrograms per deciliter for the child or at least ten micrograms per deciliter
for the pregnant female; notify the property owners, landlords, and tenants at
those addresses that an elevated blood lead level was found in a person who
resided at the property; and give them primary prevention information. Within the limits of appropriations, the
assessing agency may perform a risk assessment and issue corrective orders in
the properties, if it is likely that the previous address
(e) The assessing agency shall conduct the lead risk assessment
according to rules adopted by the commissioner under section 144.9508. An assessing agency shall have lead risk
assessments performed by lead risk assessors licensed by the commissioner
according to rules adopted under section 144.9508. If a property owner refuses to allow a lead risk assessment, the
assessing agency shall begin legal proceedings to gain entry to the property
and the time frame for conducting a lead risk assessment set forth in this
subdivision no longer applies. A lead
risk assessor or assessing agency may observe the performance of lead hazard
reduction in progress and shall enforce the provisions of this section under
section 144.9509. Deteriorated painted
surfaces, bare soil, and dust must be tested with appropriate analytical
equipment to determine the lead content, except that deteriorated painted
surfaces or bare soil need not be tested if the property owner agrees to engage
in lead hazard reduction on those surfaces.
The lead content of drinking water must be measured if another probable
source of lead exposure is not identified.
Within a standard metropolitan statistical area, an assessing agency may
order lead hazard reduction of bare soil without measuring the lead content of
the bare soil if the property is in a census tract in which soil sampling has
been performed according to rules established by the commissioner and at least
25 percent of the soil samples contain lead concentrations above the standard
in section 144.9508.
(f) Each assessing agency shall establish an administrative
appeal procedure which allows a property owner to contest the nature and
conditions of any lead order issued by the assessing agency. Assessing agencies must consider appeals
that propose lower cost methods that make the residence lead safe. The commissioner shall use the authority and
appeal procedure granted under sections 144.989 to 144.993.
(g) Sections 144.9501 to 144.9509 neither authorize nor
prohibit an assessing agency from charging a property owner for the cost of a
lead risk assessment.
Sec. 37. Minnesota
Statutes 2004, section 144.98, subdivision 3, is amended to read:
Subd. 3. [FEES.] (a) An
application for certification under subdivision 1 must be accompanied by the
biennial fee specified in this subdivision.
The fees are for:
(1) nonrefundable base certification fee, $1,200 $1,600;
and
(2) sample preparation techniques fees, $100 per technique;
and
(3) test category certification fees:
Test Category Certification Fee
Clean water program
bacteriology $600 $800
Safe drinking water program
bacteriology $600 $800
Clean water program
inorganic chemistry $600 $800
Safe drinking water program
inorganic chemistry $600 $800
Clean water program
chemistry metals $800 $1,200
Safe
drinking water program chemistry metals $800
$1,200
Resource conservation and
recovery program chemistry metals $800
$1,200
Clean water program volatile
organic compounds $1,200
$1,500
Safe drinking water program
volatile organic compounds $1,200
$1,500
Resource conservation and
recovery program volatile organic compounds
$1,200 $1,500
Underground storage tank
program volatile organic compounds
$1,200 $1,500
Clean water program other
organic compounds $1,200
$1,500
Safe drinking water program
other organic compounds $1,200
$1,500
Resource conservation and
recovery program other organic compounds
$1,200 $1,500
Clean water program
radiochemistry $2,500
Safe drinking water program
radiochemistry $2,500
Resource conservation and
recovery program agricultural contaminants
$2,500
Resource conservation and
recovery program emerging contaminants $2,500
(b) The total biennial certification fee is the base fee
plus the applicable test category fees.
(c) Laboratories located outside of this state that
require an on-site survey will inspection shall be assessed an
additional $2,500 $3,750 fee.
(c) The total biennial certification fee includes the base
fee, the sample preparation techniques fees, the test category fees, and, when
applicable, the on-site inspection fee.
(d) Fees must be set so that the total fees support the
laboratory certification program.
Direct costs of the certification service include program
administration, inspections, the agency's general support costs, and attorney
general costs attributable to the fee function.
(e) A change fee shall be assessed if a laboratory requests
additional analytes or methods at any time other than when applying for or
renewing its certification. The change
fee is equal to the test category certification fee for the analyte.
(f) A variance fee shall be assessed if a laboratory requests
and is granted a variance from a rule adopted under this section. The variance fee is $500 per variance.
(g) Refunds or credits shall not be made for analytes or
methods requested but not approved.
(h) Certification of a laboratory shall not be awarded until
all fees are paid.
Sec. 38.
Minnesota Statutes 2004, section 144E.101, is amended by adding a
subdivision to read:
Subd. 14.
[TRAUMA TRIAGE AND TRANSPORT GUIDELINES.] By July 1, 2009, a licensee
shall have written age appropriate trauma triage and transport guidelines
consistent with the criteria issued by the Trauma Advisory Council and approved
by the board. The board may approve a
licensee's requested deviations to the guidelines due to the availability of
local or regional trauma resources if the changes are in the best interest of
the patient's health.
Sec. 39. [145.417]
[FAMILY PLANNING GRANT FUNDS NOT USED TO SUBSIDIZE ABORTION SERVICES.]
Subdivision 1.
[DEFINITIONS.] (a) For purposes of this section, the following
definitions apply.
(b) "Abortion" means the use or prescription of
any instrument, medicine, drug, or any other substance or device to
intentionally terminate the pregnancy of a female known to be pregnant, with an
intention other than to prevent the death of the female, increase the
probability of a live birth, preserve the life or health of the child after
live birth, or remove a dead fetus.
(c) "Family planning grant funds" means funds
distributed through the family planning special projects grant program under
section 145.925, or any other state grant program whose funds are or may be
used to fund family planning services.
Family planning grant funds shall not mean medical education funds
awarded under section 62J.692 to the University of Minnesota, Mayo Clinic, or
any other clinical medical education program in the state.
(d) "Family planning services" means preconception
services that limit or enhance fertility, including methods of contraception,
the management of infertility, preconception counseling, education, and general
reproductive health care.
(e) "Nondirective counseling" means providing
patients with:
(1) a list of health care providers and social service
providers that provide prenatal care, childbirth care, infant care, foster
care, adoption services, alternatives to abortion, or abortion services; and
(2) nondirective, nonmarketing information regarding such
providers.
(f) "Public advocacy" means engaging in one or
more of the following:
(1) regularly engaging in efforts to encourage the passage
or defeat of legislation pertaining to the continued or expanded availability
of abortion;
(2) publicly endorsing or recommending the election or
defeat of a candidate for public office based on the candidate's position on
the legality of abortion; or
(3) engaging in civil litigation against a unit of government
as a plaintiff seeking to enjoin or otherwise prohibit enforcement of a
statute, ordinance, rule, or regulation pertaining to abortion.
Subd. 2. [USES
OF FAMILY PLANNING GRANT FUNDS.] No family planning grant funds may be:
(1) expended to directly or indirectly subsidize abortion
services or administrative expenses;
(2) paid or granted to an organization or an affiliate of an
organization that provides abortion services, unless the affiliate is
independent as provided in subdivision 4; or
(3) paid or granted to an organization
that has adopted or maintains a policy in writing or through oral public
statements that abortion is considered part of a continuum of family planning
services, reproductive health services, or both.
Subd. 3. [ORGANIZATIONS RECEIVING FAMILY PLANNING GRANT FUNDS.] An
organization that receives family planning grant funds:
(1) may provide nondirective counseling relating to
pregnancy but may not directly refer patients who seek abortion services to any
organization that provides abortion services, including an independent
affiliate of the organization receiving family planning grant funds. For purposes of this clause, an affiliate is
independent if it satisfies the criteria in subdivision 4, paragraph (a);
(2) may not display or distribute marketing materials about
abortion services to patients;
(3) may not engage in public advocacy promoting the legality
or accessibility of abortion; and
(4) must be separately incorporated from any affiliated
organization that provides abortion services.
Subd. 4.
[INDEPENDENT AFFILIATES THAT PROVIDE ABORTION SERVICES.] (a) To
ensure that the state does not lend its imprimatur to abortion services and to
ensure that an organization that provides abortion services does not receive a
direct or indirect economic or marketing benefit from family planning grant
funds, an organization that receives family planning grant funds may not be
affiliated with an organization that provides abortion services unless the
organizations are independent from each other.
To be independent, the organizations may not share any of the following:
(1) the same or a similar name;
(2) medical facilities or nonmedical facilities, including
but not limited to, business offices, treatment rooms, consultation rooms,
examination rooms, and waiting rooms;
(3) expenses;
(4) employee wages or salaries; or
(5) equipment or supplies, including but not limited to,
computers, telephone systems, telecommunications equipment, and office supplies.
(b) An organization that receives family planning grant
funds and that is affiliated with an organization that provides abortion
services must maintain financial records that demonstrate strict compliance
with this subdivision and that demonstrate that its independent affiliate that
provides abortion services receives no direct or indirect economic or marketing
benefit from the family planning grant funds.
Subd. 5.
[INDEPENDENT AUDIT.] When an organization applies for family planning
grant funds, the organization must submit with the grant application a copy of
the organization's most recent independent audit to ensure the organization is
in compliance with this section. The
independent audit must have been conducted no more than two years before the
organization submits its grant application.
Subd. 6.
[ORGANIZATIONS RECEIVING TITLE X FUNDS.] Nothing in this section
requires an organization that receives federal funds under title X of the
Public Health Service Act to refrain from performing any service that is
required to be provided as a condition of receiving title X funds, as specified
by the provisions of title X or the title X program guidelines for project
grants for family planning services published by the United States Department
of Health and Human Services.
Subd. 7.
[SEVERABILITY.] If any one or more provision, word, phrase, clause,
sentence, or subdivision of this section, or the application to any person or
circumstance, is found to be unconstitutional, it is declared to be severable
and the balance of this section shall remain effective notwithstanding such
unconstitutionality. The legislature
hereby declares that it would have passed this section, and each provision,
word, phrase, clause, sentence, or subdivision of it, regardless of the fact
that any one or more provision, word, phrase, clause, sentence, or subdivision
be declared unconstitutional.
Sec. 40. [145.4231]
[POSITIVE ABORTION ALTERNATIVES.]
Subdivision 1.
[DEFINITIONS.] For purposes of this section, the following terms have
the meanings given:
(1) "abortion" means the use of any means to
terminate the pregnancy of a woman known to be pregnant with knowledge that the
termination with those means will, with reasonable likelihood, cause the death
of the unborn child. For purposes of
this section, abortion does not include an abortion necessary to prevent the
death of the mother; and
(2) "unborn child" means an individual organism of
the species Homo sapiens from fertilization until birth.
Subd. 2. [ELIGIBILITY
FOR GRANTS.] (a) The commissioner of health shall award grants to eligible
applicants under paragraph (c) for the reasonable expenses of programs to
support, encourage, and assist women in carrying their pregnancies to term by
providing information on, referral to, and assistance with securing necessary
services that enable women to carry their pregnancies to term. Necessary services include, but are not
limited to:
(1) medical care;
(2) nutritional services;
(3) housing assistance;
(4) adoption services;
(5) education and employment assistance;
(6) parenting education and support services; and
(7) child care assistance.
(b) In addition to providing information and referral under
paragraph (a), an eligible program may provide one or more of the necessary
services under paragraph (a) that assists women in carrying their pregnancies
to term. To avoid duplication of
efforts, grantees may refer to other public or private programs, rather than
provide the care directly, if a woman meets eligibility criteria for the other
programs.
(c) To be eligible for a grant, an agency or organization
must:
(1) be a private, nonprofit organization;
(2) demonstrate that the program is conducted under
appropriate supervision;
(3) not charge women for services provided under the
program;
(4) provide each pregnant woman counseled with accurate
information on the developmental characteristics of unborn children, including
offering the printed information described in section 145.4243;
(5) ensure that the alternatives to abortion program's sole
purposes are to assist and encourage women in carrying their pregnancies to
term and to maximize their potentials thereafter;
(6) ensure that none of the funds provided are used to
encourage or counsel a woman to have an abortion not necessary to prevent her
death, to provide her such an abortion, or to refer her for such an abortion;
and
(7) have had the alternatives to abortion program in
existence for at least one year as of July 1, 2005.
(d) The provisions, words, phrases, and clauses of paragraph
(c) are inseverable from this subdivision, and if any provision, word, phrase,
or clause of paragraph (c) or the application thereof to any person or
circumstance is held invalid, such invalidity shall apply to all of this
subdivision.
(e) An organization that provides abortions, promotes
abortions, or directly refers for abortions is ineligible to receive a grant
under this program. An affiliate of an
organization that provides abortions, promotes abortions, or directly refers
for abortions is ineligible to receive a grant under this section unless the
organizations are separately incorporated and independent from each other. To be independent, the organizations may not
share any of the following:
(1) the same or a similar name;
(2) medical facilities or nonmedical facilities, including,
but not limited to, business offices, treatment rooms, consultation rooms,
examination rooms, and waiting rooms;
(3) expenses;
(4) employee wages or salaries; or
(5) equipment or supplies, including, but not limited to,
computers, telephone systems, telecommunications equipment, and office
supplies.
(f) An organization that receives a grant under this section
and that is affiliated with an organization that provides abortion services
must maintain financial records that demonstrate strict compliance with this
subdivision and that demonstrate that its independent affiliate that provides
abortion services receives no direct or indirect economic or marketing benefit
from the grant under this section.
(g) The following data on participants is private data on
individuals under section 13.02, subdivision 12: all data collected, received, maintained, or disseminated by the
grantee using grant funds awarded by the commissioner under this section.
Subd. 3. [DUTIES
OF COMMISSIONER.] The commissioner of health shall make grants under
subdivision 2 beginning no later than July 1, 2006. The commissioner shall monitor and review the programs of each
grantee to ensure that the grantee carefully adheres to the purposes and
requirements of subdivision 2 and shall cease funding a grantee that fails to
do so.
Subd. 4.
[SEVERABILITY.] Except as provided in subdivision 2, paragraph (d),
if any provision, word, phrase, or clause of this section or the application
thereof to any person or circumstance is held invalid, such invalidity shall
not affect the provisions, words, phrases, clauses, or applications of this
section that can be given effect without the invalid provision, word, phrase,
clause, or application and to this end, the provisions, words, phrases, and
clauses of this section are declared to be severable.
Subd. 5.
[SUPREME COURT JURISDICTION.] The Minnesota Supreme Court has
original jurisdiction over an action challenging the constitutionality of this
section and shall expedite the resolution of the action.
Sec. 41. [145.4232]
[UNBORN CHILD PAIN PREVENTION.]
Subdivision 1.
[SHORT TITLE.] This act shall be known and may be cited as the
"Unborn Child Pain Prevention Act."
Subd. 2.
[DEFINITIONS.] For purposes of this section, the terms used have the
meanings given:
(1) "abortion" means the use of any means to
terminate the pregnancy of a female known to be pregnant with knowledge that
the termination with those means will, with reasonable likelihood, cause the
death of the unborn child;
(2) "attempt to perform an abortion" means an act,
or an omission of a statutorily required act, that, under the circumstances as
the actor believes them to be, constitutes a substantial step in a course of
conduct planned to culminate in the performance of an abortion in violation of
this section;
(3) "unborn child" means a member of the species
Homo sapiens from fertilization until birth;
(4) "medical emergency" means any condition that,
on the basis of the physician's good faith clinical judgment, so complicates
the medical condition of a pregnant female as to necessitate the immediate
abortion of her pregnancy to avert her death or for which a delay will create
serious risk of substantial and irreversible impairment of a major bodily
function; and
(5) "physician" means a person licensed as a
physician or osteopath under chapter 147.
Subd. 3. [UNBORN
CHILD PAIN PREVENTION.] Except in the case of a medical emergency, before an
abortion is performed on an unborn child who is 20 weeks gestational age or
more, the physician performing the abortion or the physician's agent shall
inform the female if an anesthetic or analgesic would eliminate or alleviate
organic pain to the unborn child caused by the particular method of abortion to
be employed and inform her of the particular medical risks associated with the
particular anesthetic or analgesic. With
her consent, the physician shall administer such anesthetic or analgesic.
Subd. 4.
[CRIMINAL PENALTIES.] Any person who knowingly or recklessly performs
or attempts to perform an abortion in violation of this section is guilty of a
felony. No penalty may be assessed
against the female upon whom the abortion is performed or attempted to be
performed.
Subd. 5. [CIVIL
REMEDIES.] (a) Any person upon whom an abortion has been performed in
violation of this section or the father or a grandparent of the unborn child
who was the subject of such an abortion may maintain an action against the
person who performed the abortion in knowing or reckless violation of this
section for actual and punitive damages.
Any person upon whom an abortion has been attempted in violation of this
section may maintain an action against the person who attempted to perform the
abortion in knowing or reckless violation of this section for actual and
punitive damages.
(b) If judgment is rendered in favor of the plaintiff in any
action described in this subdivision, the court shall render judgment for a
reasonable attorney's fee in favor of the plaintiff against the defendant. If judgment is rendered in favor of the
defendant and the court finds that the plaintiff's suit was frivolous and
brought in bad faith, the court shall render judgment for a reasonable
attorney's fee in favor of the defendant against the plaintiff.
Subd. 6.
[PROTECTION OF PRIVACY.] In every civil or criminal proceeding or
action brought under this section, the court shall rule whether the anonymity
of any female upon whom an abortion has been performed or attempted shall be
preserved from public disclosure if she does not give her consent to such
disclosure. The court, upon motion or
sua sponte, shall make such a ruling and, upon determining that her anonymity
should be preserved, shall issue orders to the parties, witnesses, and counsel
and shall direct the sealing of the record and exclusion of individuals from
courtrooms or hearing rooms to the extent necessary to safeguard her identity from
public disclosure. The order shall be
accompanied by specific written findings explaining why the anonymity of the
female should be preserved from public disclosure, why the order is essential
to that end, how the order is narrowly tailored to serve that interest, and why
no reasonable, less restrictive alternative exists. In the absence of written consent of the female upon whom an
abortion has been performed or attempted, anyone, other than a public official,
who brings an action under subdivision 4, paragraph (a), shall do so under a
pseudonym. This subdivision may not be
construed to conceal the identity of the plaintiff or of witnesses from the
defendant.
Subd. 7.
[SEVERABILITY.] If any one or more provision, section, subsection,
sentence, clause, phrase, or word of this section or the application thereof to
any person or circumstance is found to be unconstitutional, the same is hereby
declared to be severable and the balance of this section shall remain effective
notwithstanding such unconstitutionality.
The legislature hereby declares that it would have passed this section,
and each provision, section, subsection, sentence, clause, phrase, or word
thereof, irrespective of the fact that any one or more provision, section,
subsection, sentence, clause, phrase, or word be declared unconstitutional.
Sec. 42. Minnesota
Statutes 2004, section 145.56, subdivision 2, is amended to read:
Subd. 2.
[COMMUNITY-BASED PROGRAMS.] (a) To the extent funds are appropriated
for the purposes of this subdivision, the commissioner shall establish a
grant program to fund:
(1) community-based programs to provide education, outreach,
and advocacy services to populations who may be at risk for suicide;
(2) community-based programs that educate community helpers and
gatekeepers, such as family members, spiritual leaders, coaches, and business
owners, employers, and coworkers on how to prevent suicide by encouraging
help-seeking behaviors;
(3) community-based programs that educate populations at risk
for suicide and community helpers and gatekeepers that must include information
on the symptoms of depression and other psychiatric illnesses, the warning
signs of suicide, skills for preventing suicides, and making or seeking
effective referrals to intervention and community resources; and
(4) community-based programs to provide evidence-based suicide
prevention and intervention education to school staff, parents, and students in
grades kindergarten through 12.
Sec. 43. Minnesota
Statutes 2004, section 145.56, subdivision 5, is amended to read:
Subd. 5. [PERIODIC
EVALUATIONS; BIENNIAL REPORTS.] To the extent funds are appropriated for the
purposes of this subdivision, the commissioner shall conduct periodic
evaluations of the impact of and outcomes from implementation of the state's
suicide prevention plan and each of the activities specified in this
section. By July 1, 2002, and July 1 of
each even-numbered year thereafter, the commissioner shall report the results
of these evaluations to the chairs of the policy and finance committees in the
house and senate with jurisdiction over health and human services issues.
Sec. 44. [145.906]
[POSTPARTUM DEPRESSION EDUCATION AND INFORMATION.]
(a) The commissioner of health shall work with health care
facilities, licensed health and mental health care professionals, mental health
advocates, consumers, and families in the state to develop materials and
information about postpartum depression including treatment resources and
develop policies and procedures to comply with this section.
(b) Physicians, traditional midwives, and other licensed
health care professionals providing prenatal care to women must make available
to women and their families information about postpartum depression.
(c) Hospitals and other health care facilities in the state
must provide departing new mothers and fathers and other family members, as
appropriate, with written information about postpartum depression, including
its symptoms, methods of coping with the illness, and treatment resources.
Sec. 45. Minnesota
Statutes 2004, section 145.924, is amended to read:
145.924 [AIDS PREVENTION GRANTS.]
(a) The commissioner may award grants to boards of health as
defined in section 145A.02, subdivision 2, state agencies, state councils, or
nonprofit corporations to provide evaluation and counseling services to
populations at risk for acquiring human immunodeficiency virus infection,
including, but not limited to, minorities, adolescents, intravenous drug users,
and homosexual men.
(b) The commissioner may award grants to agencies experienced
in providing services to communities of color, for the design of innovative
outreach and education programs for targeted groups within the community who
may be at risk of acquiring the human immunodeficiency virus infection,
including intravenous drug users and their partners, adolescents, gay and
bisexual individuals and women. Grants
shall be awarded on a request for proposal basis and shall include funds for
administrative costs. Priority for
grants shall be given to agencies or organizations that have experience in
providing service to the particular community which the grantee proposes to
serve; that have policy makers representative of the targeted population; that
have experience in dealing with issues relating to HIV/AIDS; and that have the
capacity to deal effectively with persons of differing sexual
orientations. For purposes of this
paragraph, the "communities of color" are: the American-Indian community; the Hispanic community; the
African-American community; and the Asian-Pacific community.
(c) All state grants awarded under this section for programs
targeted to adolescents shall include the promotion of abstinence from sexual
activity and drug use.
(d) No state grant monies awarded under this section shall
be used for web sites, pamphlets, or other communications that contain sexually
explicit images or language.
Sec. 46. Minnesota
Statutes 2004, section 145.9268, is amended to read:
145.9268 [COMMUNITY CLINIC GRANTS.]
Subdivision 1.
[DEFINITION.] For purposes of this section, "eligible community
clinic" means:
(1) a nonprofit clinic that provides is
established to provide health services under conditions as defined in
Minnesota Rules, part 9505.0255, to low income or rural population
groups; provides medical, preventive, dental, or mental health primary care
services; and utilizes a sliding fee scale or other procedure to
determine eligibility for charity care or to ensure that no person will be
denied services because of inability to pay;
(2) a governmental entity or an
Indian tribal government or Indian health service unit that provides
services and utilizes a sliding fee scale or other procedure as described under
clause (1); or
(3) a consortium of clinics comprised of entities under clause
(1) or (2); or
(4) a nonprofit, tribal, or governmental entity proposing
the establishment of a clinic that will provide services and utilize a sliding
fee scale or other procedure as described under clause (1).
Subd. 2. [GRANTS
AUTHORIZED.] The commissioner of health shall award grants to eligible
community clinics to plan, establish, or operate services to improve the
ongoing viability of Minnesota's clinic-based safety net providers. Grants shall be awarded to support the
capacity of eligible community clinics to serve low-income populations, reduce
current or future uncompensated care burdens, or provide for improved care
delivery infrastructure. The
commissioner shall award grants to community clinics in metropolitan and rural
areas of the state, and shall ensure geographic representation in grant awards
among all regions of the state.
Subd. 3. [ALLOCATION OF
GRANTS.] (a) To receive a grant under this section, an eligible community
clinic must submit an application to the commissioner of health by the deadline
established by the commissioner. A
grant may be awarded upon the signing of a grant contract. Community clinics may apply for and the
commissioner may award grants for one-year or two-year periods.
(b) An application must be on a form and contain information as
specified by the commissioner but at a minimum must contain:
(1) a description of the purpose or project for which grant
funds will be used;
(2) a description of the problem or problems the grant funds
will be used to address; and
(3) a description of achievable objectives, a workplan, and a
timeline for implementation and completion of processes or projects enabled by
the grant; and
(4) a process for documenting and evaluating results of the
grant.
(c) The commissioner shall review each application to determine
whether the application is complete and whether the applicant and the project
are eligible for a grant. In evaluating
applications according to paragraph (d), the commissioner shall establish
criteria including, but not limited to:
the priority level eligibility of the project; the
applicant's thoroughness and clarity in describing the problem grant funds are
intended to address; a description of the applicant's proposed project; a
description of the population demographics and service area of the proposed
project; the manner in which the applicant will demonstrate the
effectiveness of any projects undertaken; and evidence of efficiencies and
effectiveness gained through collaborative efforts. The commissioner may also take into account other relevant
factors, including, but not limited to, the percentage for which uninsured
patients represent the applicant's patient base and the degree to which grant
funds will be used to support services increasing or maintaining access
to health care services. During
application review, the commissioner may request additional information about a
proposed project, including information on project cost. Failure to provide the information requested
disqualifies an applicant. The
commissioner has discretion over the number of grants awarded.
(d) In determining which eligible community clinics will
receive grants under this section, the commissioner shall give preference to
those grant applications that show evidence of collaboration with other
eligible community clinics, hospitals, health care providers, or community
organizations. In addition, the
commissioner shall give priority, in declining order, to grant applications for
projects that:
Subd. 3a. [AWARDING GRANTS.] (a) The commissioner may award grants for
activities to:
(1) provide a direct offset to expenses incurred for services
provided to the clinic's target population;
(2) establish, update, or improve information, data collection,
or billing systems, including electronic health records systems;
(3) procure, modernize, remodel, or replace equipment used in
the delivery of direct patient care at a clinic;
(4) provide improvements for care delivery, such as increased
translation and interpretation services; or
(5) build a new clinic or expand an existing facility; or
(6) other projects determined by the commissioner to
improve the ability of applicants to provide care to the vulnerable populations
they serve.
(e) (b) A grant awarded to an eligible community
clinic may not exceed $300,000 per eligible community clinic. For an applicant applying as a consortium of
clinics, a grant may not exceed $300,000 per clinic included in the
consortium. The commissioner has
discretion over the number of grants awarded.
Subd. 4. [EVALUATION
AND REPORT.] The commissioner of health shall evaluate the overall
effectiveness of the grant program. The
commissioner shall collect progress reports to evaluate the grant program from
the eligible community clinics receiving grants. Every two years, as part of this evaluation, the commissioner
shall report to the legislature on priority areas for grants set under
subdivision 3 the needs of community clinics and provide any
recommendations for adding or changing priority areas eligible
activities.
Sec. 47. Minnesota
Statutes 2004, section 146A.11, subdivision 1, is amended to read:
Subdivision 1. [SCOPE.]
All unlicensed complementary and alternative health care practitioners shall
provide to each complementary and alternative health care client prior to
providing treatment a written copy of the complementary and alternative health
care client bill of rights. A copy must
also be posted in a prominent location in the office of the unlicensed
complementary and alternative health care practitioner. Reasonable accommodations shall be made for
those clients who cannot read or who have communication impairments and those
who do not read or speak English. The
complementary and alternative health care client bill of rights shall include
the following:
(1) the name, complementary and alternative health care title,
business address, and telephone number of the unlicensed complementary and
alternative health care practitioner;
(2) the degrees, training, experience, or other qualifications
of the practitioner regarding the complimentary and alternative health care
being provided, followed by the following statement in bold print:
"THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL
AND TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE
PRACTITIONERS. THIS STATEMENT OF
CREDENTIALS IS FOR INFORMATION PURPOSES ONLY.
Under Minnesota law, an unlicensed complementary and
alternative health care practitioner may not provide a medical diagnosis or
recommend discontinuance of medically prescribed treatments. If a client desires a diagnosis from a
licensed physician, chiropractor, or acupuncture practitioner, or services from
a physician, chiropractor, nurse, osteopath, physical therapist, dietitian,
nutritionist, acupuncture practitioner, athletic trainer, or any other type of
health care provider, the client may seek such services at any time.";
(3) the name, business address, and
telephone number of the practitioner's supervisor, if any;
(4) notice that a complementary and alternative health care
client has the right to file a complaint with the practitioner's supervisor, if
any, and the procedure for filing complaints;
(5) the name, address, and telephone number of the office of unlicensed
complementary and alternative health care practice the attorney general
and notice that a the office of the attorney general is the point of
contact for purposes of referring client may file complaints with
the office to the proper health care board, agency, or law enforcement;
(6) the practitioner's fees per unit of service, the
practitioner's method of billing for such fees, the names of any insurance
companies that have agreed to reimburse the practitioner, or health maintenance
organizations with whom the practitioner contracts to provide service, whether
the practitioner accepts Medicare, medical assistance, or general assistance
medical care, and whether the practitioner is willing to accept partial
payment, or to waive payment, and in what circumstances;
(7) a statement that the client has a right to reasonable
notice of changes in services or charges;
(8) a brief summary, in plain language, of the theoretical
approach used by the practitioner in providing services to clients;
(9) notice that the client has a right to complete and current
information concerning the practitioner's assessment and recommended service
that is to be provided, including the expected duration of the service to be
provided;
(10) a statement that clients may expect courteous treatment
and to be free from verbal, physical, or sexual abuse by the practitioner;
(11) a statement that client records and transactions with the
practitioner are confidential, unless release of these records is authorized in
writing by the client, or otherwise provided by law;
(12) a statement of the client's right to be allowed access to
records and written information from records in accordance with section
144.335;
(13) a statement that other services may be available in the
community, including where information concerning services is available;
(14) a statement that the client has the right to choose freely
among available practitioners and to change practitioners after services have
begun, within the limits of health insurance, medical assistance, or other
health programs;
(15) a statement that the client has a right to coordinated
transfer when there will be a change in the provider of services;
(16) a statement that the client may refuse services or
treatment, unless otherwise provided by law; and
(17) a statement that the client may assert the client's rights
without retaliation.
Sec. 48.
Minnesota Statutes 2004, 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 144.1501, subdivision 1,
paragraphs (e) (f), (g) (h), and (h) (i).
(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. 49. Minnesota
Statutes 2004, section 150A.22, is amended to read:
150A.22 [DONATED DENTAL SERVICES.]
(a) The Board of Dentistry commissioner of health
shall contract with the Minnesota Dental Association, or another appropriate
and qualified organization to develop and operate a donated dental services
program to provide dental care to public program recipients and the uninsured
through dentists who volunteer their services without compensation. As part of the contract, the board commissioner
shall include specific performance and outcome measures that the contracting
organization must meet. The donated
dental services program shall:
(1) establish a network of volunteer dentists, including dental
specialties, to donate dental services to eligible individuals;
(2) establish a system to refer eligible individuals to the
appropriate volunteer dentists; and
(3) develop and implement a public awareness campaign to
educate eligible individuals about the availability of the program.
(b) Funding for the program may be used for administrative or
technical support. The organization
contracting with the board commissioner shall provide an annual
report that accounts for funding appropriated to the program by the state,
documents the number of individuals served by the program and the number of
dentists participating as program providers, and provides data on meeting the
specific performance and outcome measures identified by the board commissioner.
Sec. 50. Minnesota
Statutes 2004, section 157.15, is amended by adding a subdivision to read:
Subd. 19.
[STATEWIDE HOSPITALITY FEE.] "Statewide hospitality fee"
means a fee to fund statewide food, beverage, and lodging program development
activities, including training for inspection staff, technical assistance,
maintenance of a statewide integrated food safety and security information
system, and other related statewide activities that support the food, beverage,
and lodging program activities.
Sec. 51. Minnesota
Statutes 2004, section 157.16, subdivision 2, is amended to read:
Subd. 2. [LICENSE
RENEWAL.] Initial and renewal licenses for all food and beverage service
establishments, hotels, motels, lodging establishments, and resorts shall be
issued for the calendar year for which application is made and shall expire on
December 31 of such year. Any person
who operates a place of business after the expiration date of a license or
without having submitted an application and paid the fee shall be deemed to
have violated the provisions of this chapter and shall be subject to enforcement
action, as provided in the Health Enforcement Consolidation Act, sections
144.989 to 144.993. In addition, a
penalty of $25 $50 shall be added to the total of the license fee
for any food and beverage service establishment operating without a license as
a mobile food unit, a seasonal temporary or seasonal permanent food stand, or a
special event food stand, and a penalty of $50 $100 shall be
added to the total of the license fee for all restaurants, food carts, hotels,
motels, lodging establishments, and resorts operating without a license for
a period of up to 30 days. A late fee
of $300 shall be added to the license fee for establishments operating more
than 30 days without a license.
Sec. 52. Minnesota
Statutes 2004, section 157.16, is amended by adding a subdivision to read:
Subd. 2a. [FOOD
MANAGER CERTIFICATION.] An applicant for certification or certification
renewal as a food manager must submit to the commissioner a $28 nonrefundable
certification fee payable to the Department of Health.
Sec. 53. Minnesota
Statutes 2004, section 157.16, subdivision 3, is amended to read:
Subd. 3. [ESTABLISHMENT
FEES; DEFINITIONS.] (a) The following fees are required for food and beverage
service establishments, hotels, motels, lodging establishments, and resorts
licensed under this chapter. Food and
beverage service establishments must pay the highest applicable fee under
paragraph (e) (d), clause (1), (2), (3), or (4), and
establishments serving alcohol must pay the highest applicable fee under paragraph
(e) (d), clause (6) or (7).
The license fee for new operators previously licensed under this chapter
for the same calendar year is one-half of the appropriate annual license fee,
plus any penalty that may be required.
The license fee for operators opening on or after October 1 is one-half
of the appropriate annual license fee, plus any penalty that may be required.
(b) All food and beverage service establishments, except
special event food stands, and all hotels, motels, lodging establishments, and
resorts shall pay an annual base fee of $145 $150.
(c) A special event food stand shall pay a flat fee of $35
$40 annually. "Special
event food stand" means a fee category where food is prepared or served in
conjunction with celebrations, county fairs, or special events from a special
event food stand as defined in section 157.15.
(d) In addition to the base fee in paragraph (b), each food and
beverage service establishment, other than a special event food stand, and each
hotel, motel, lodging establishment, and resort shall pay an additional annual
fee for each fee category as, additional food service, or required
additional inspection specified in this paragraph:
(1) Limited food menu selection, $40 $50. "Limited food menu selection"
means a fee category that provides one or more of the following:
(i) prepackaged food that receives heat treatment and is served
in the package;
(ii) frozen pizza that is heated and served;
(iii) a continental breakfast such as rolls, coffee, juice,
milk, and cold cereal;
(iv) soft drinks, coffee, or nonalcoholic beverages; or
(v) cleaning for eating, drinking, or cooking utensils, when
the only food served is prepared off site.
(2) Small establishment, including boarding establishments, $75
$100. "Small
establishment" means a fee category that has no salad bar and meets one or
more of the following:
(i) possesses food service equipment that consists of no more
than a deep fat fryer, a grill, two hot holding containers, and one or more
microwave ovens;
(ii) serves dipped ice cream or soft serve frozen desserts;
(iii) serves breakfast in an owner-occupied bed and breakfast
establishment;
(iv) is a boarding establishment; or
(v) meets the equipment criteria in clause (3), item (i) or (ii),
and has a maximum patron seating capacity of not more than 50.
(3) Medium establishment, $210 $260. "Medium establishment" means a fee
category that meets one or more of the following:
(i) possesses food service equipment that includes a range,
oven, steam table, salad bar, or salad preparation area;
(ii) possesses food service equipment that includes more than
one deep fat fryer, one grill, or two hot holding containers; or
(iii) is an establishment where food is prepared at one
location and served at one or more separate locations.
Establishments meeting criteria in clause (2), item (v), are
not included in this fee category.
(4) Large establishment, $350 $460. "Large establishment" means
either:
(i) a fee category that (A) meets the criteria in clause (3),
items (i) or (ii), for a medium establishment, (B) seats more than 175 people,
and (C) offers the full menu selection an average of five or more days a week
during the weeks of operation; or
(ii) a fee category that (A) meets the criteria in clause (3),
item (iii), for a medium establishment, and (B) prepares and serves 500 or more
meals per day.
(5) Other food and beverage service, including food carts,
mobile food units, seasonal temporary food stands, and seasonal permanent food
stands, $40 $50.
(6) Beer or wine table service, $40 $50. "Beer or wine table service" means
a fee category where the only alcoholic beverage service is beer or wine,
served to customers seated at tables.
(7) Alcoholic beverage service, other than beer or wine table
service, $105 $135.
"Alcohol beverage service, other than beer or wine table
service" means a fee category where alcoholic mixed drinks are served or
where beer or wine are served from a bar.
(8) Lodging per sleeping accommodation unit, $6 $8,
including hotels, motels, lodging establishments, and resorts, up to a maximum
of $600 $800.
"Lodging per sleeping accommodation unit" means a fee category
including the number of guest rooms, cottages, or other rental units of a hotel,
motel, lodging establishment, or resort; or the number of beds in a dormitory.
(9) First public swimming pool, $140 $180; each
additional public swimming pool, $80 $100. "Public swimming pool" means a fee
category that has the meaning given in Minnesota Rules, part 4717.0250, subpart
8.
(10) First spa, $80 $110; each additional spa, $40
$50. "Spa pool" means
a fee category that has the meaning given in Minnesota Rules, part 4717.0250,
subpart 9.
(11) Private sewer or water, $40 $50. "Individual private water" means a
fee category with a water supply other than a community public water supply as
defined in Minnesota Rules, chapter 4720.
"Individual private sewer" means a fee category with an
individual sewage treatment system which uses subsurface treatment and
disposal.
(12) Additional food service, $130. "Additional food service" means a
location at a food service establishment, other than the primary food
preparation and service area, used to prepare or serve food to the public.
(13) Additional inspection fee, $300. "Additional inspection fee" means
a fee to conduct the second inspection each year for elementary and secondary
education facility school lunch programs when required by the Richard B.
Russell National School Lunch Act.
(e) A fee of $150 $350 for review of the
construction plans must accompany the initial license application for food
and beverage service establishments restaurants, hotels, motels,
lodging establishments, or resorts with five or more sleeping units.
(f) When existing food and beverage service establishments,
hotels, motels, lodging establishments, or resorts are extensively remodeled, a
fee of $150 $250 must be submitted with the remodeling
plans. A fee of $250 must be
submitted for new construction or remodeling for a restaurant with a limited
food menu selection, a seasonal permanent food stand, a mobile food unit, or a
food cart, or for a hotel, motel, resort, or lodging establishment addition of
less than five sleeping units.
(g) Seasonal temporary food stands and special event food
stands are not required to submit construction or remodeling plans for review.
Sec. 54. Minnesota
Statutes 2004, section 157.16, is amended by adding a subdivision to read:
Subd. 3a.
[STATEWIDE HOSPITALITY FEE.] Every person, firm, or corporation that
operates a licensed boarding establishment, food and beverage service
establishment, seasonal temporary or permanent food stand, special event food
stand, mobile food unit, food cart, resort, hotel, motel, or lodging
establishment in Minnesota must submit to the commissioner a $35 annual
statewide hospitality fee for each licensed activity. The fee for establishments licensed by the Department of Health
is required at the same time the licensure fee is due. For establishments licensed by local
governments, the fee is due by July 1 of each year.
Sec. 55. Minnesota
Statutes 2004, section 157.20, subdivision 2, is amended to read:
Subd. 2. [INSPECTION
FREQUENCY.] The frequency of inspections of the establishments shall be based
on the degree of health risk.
(a) High-risk establishments must be inspected at least once a
year every 12 months.
(b) Medium-risk establishments must be inspected at least once
every 18 months.
(c) Low-risk establishments must be inspected at least once
every two years 24 months.
Sec. 56. Minnesota
Statutes 2004, section 157.20, subdivision 2a, is amended to read:
Subd. 2a. [RISK
CATEGORIES.] (a) [HIGH-RISK
ESTABLISHMENT.] "High-risk establishment" means any food and beverage
service establishment, hotel, motel, lodging establishment, or resort that:
(1) serves potentially hazardous foods that require extensive
processing on the premises, including manual handling, cooling, reheating, or
holding for service;
(2) prepares foods several hours or days before service;
(3) serves menu items that epidemiologic experience has
demonstrated to be common vehicles of food-borne illness;
(4) has a public swimming pool; or
(5) draws its drinking water from a surface water supply.
(b) [MEDIUM-RISK
ESTABLISHMENT.] "Medium-risk establishment" means a food and beverage
service establishment, hotel, motel, lodging establishment, or resort that:
(1) serves potentially hazardous foods but with minimal holding
between preparation and service; or
(2) serves foods, such as pizza, that require extensive
handling followed by heat treatment.
(c) [LOW-RISK
ESTABLISHMENT.] "Low-risk establishment" means a food and beverage
service establishment, hotel, motel, lodging establishment, or resort that is
not a high-risk or medium-risk establishment.
(d) [RISK EXCEPTIONS.]
Mobile food units, seasonal permanent and seasonal temporary food stands, food
carts, and special event food stands are not inspected on an established schedule
and therefore are not defined as high-risk, medium-risk, or low-risk
establishments.
(e) [SCHOOL
INSPECTION FREQUENCY.] Elementary and secondary school food service
establishments must be inspected according to the assigned risk category or by
the frequency required in the Richard B. Russell National School Lunch Act,
whichever frequency is more restrictive.
Sec. 57. Minnesota
Statutes 2004, section 214.01, subdivision 2, is amended to read:
Subd. 2.
[HEALTH-RELATED LICENSING BOARD.] "Health-related licensing
board" means the Board of Examiners of Nursing Home Administrators
established pursuant to section 144A.19, Alcohol and Drug Counselors
Licensing Advisory Council established pursuant to section 148C.02, the Board
of Dietetics and Nutrition Practice established under section 148.622, the
Board of Dentistry established pursuant to section 150A.02, the Board of
Pharmacy established pursuant to section 151.02, the Board of Podiatric
Medicine established pursuant to section 153.02, and the Board of Veterinary
Medicine, established pursuant to section 156.01. the Office of Unlicensed
Complementary and Alternative Health Care Practice established pursuant to
section 146A.02, the Board of Medical Practice created pursuant to section
147.01, the Board of Nursing created pursuant to section 148.181, the Board of
Chiropractic Examiners established pursuant to section 148.02, the Board of
Optometry established pursuant to section 148.52, the Board of Physical Therapy
established pursuant to section 148.67, the Board of Psychology established
pursuant to section 148.90, the Board of Social Work pursuant to section
148B.19, the Board of Marriage and Family Therapy pursuant to section 148B.30,
the Office of Mental Health Practice established pursuant to section 148B.61,
the Board of Behavioral Health and Therapy established by section 148B.51, the
Sec. 58. Minnesota
Statutes 2004, section 214.06, subdivision 1, is amended to read:
Subdivision 1. [FEE
ADJUSTMENT.] Notwithstanding any law to the contrary, the commissioner of
health as authorized by section 214.13, all health-related licensing boards and
all non-health-related licensing boards shall by rule, with the approval of the
commissioner of finance, adjust, as needed, any fee which the commissioner of
health or the board is empowered to assess.
As provided in section 16A.1285, the adjustment shall be an amount
sufficient so that the total fees collected by each board will as closely as
possible equal be based on anticipated expenditures during the
fiscal biennium, including expenditures for the programs authorized by sections
214.17 to 214.25 and 214.31 to 214.37. 144.1476, 214.10, 214.103,
214.11, 214.17 to 214.24, 214.28 to 214.37, and 214.40, except that a
health-related licensing board may have anticipated expenditures in excess of
anticipated revenues in a biennium by using accumulated surplus revenues from
fees collected by that board in previous bienniums. A health-related licensing board shall not spend more money than
the amount appropriated by the legislature for a biennium. For members of an occupation registered
after July 1, 1984, by the commissioner of health under the provisions of
section 214.13, the fee established must include an amount necessary to
recover, over a five-year period, the commissioner's direct expenditures for
adoption of the rules providing for registration of members of the
occupation. All fees received shall be
deposited in the state treasury. Fees
received by the commissioner of health or health-related licensing boards must
be credited to the health occupations licensing account in the state government
special revenue fund.
Sec. 59. Minnesota
Statutes 2004, section 214.06, is amended by adding a subdivision to read:
Subd. 1a.
[HEALTH OCCUPATIONS LICENSING ACCOUNT.] Fees received by the
commissioner of health or health-related licensing boards must be credited to
the health occupations licensing account in the state government special
revenue fund. The commissioner of
finance shall ensure that the revenues and expenditures of each health-related
licensing board are tracked separately in the health occupations licensing
account.
Sec. 60. [245A.034]
[CHILD CARE PROVIDER TRAINING; DANGERS OF SHAKING INFANTS AND YOUNG CHILDREN.]
The commissioner shall make available for viewing by all
licensed and legal nonlicensed child care providers a video presentation on the
dangers associated with shaking infants and young children. The video presentation shall be part of the
initial and ongoing training of licensed child care providers. Legal nonlicensed child care providers may
participate at their option in a video presentation session offered under this
section. The commissioner shall provide
to child care providers at cost copies of a video approved by the commissioner
of health under section 144.574 on the dangers associated with shaking infants
and young children.
Sec. 61. Minnesota
Statutes 2004, section 326.42, subdivision 2, is amended to read:
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 design;
(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 design;
(6) manufactured home park or campground, one 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. 62. Minnesota
Statutes 2004, section 471.61, is amended by adding a subdivision to read:
Subd. 5.
[PROVISION OF LONG-TERM CARE INSURANCE.] Any political subdivision,
or any two or more political subdivisions acting jointly, may contract with an
insurance company licensed to do business in this state for the voluntary
purchase of long-term care insurance by the employees and their dependents of
the political subdivision or subdivisions.
The coverage may be through a group policy or through individual
coverage.
Sec. 63.
[RULE AMENDMENT.]
The commissioner of health shall amend Minnesota Rules, part
4626.2015, subparts 3, item C; and 6, item B, to conform with section 52. The commissioner may use the good cause
exemption under Minnesota Statutes, section 14.388, subdivision 1, clause
(3). Minnesota Statutes, section
14.386, does not apply, except to the extent provided under Minnesota Statutes,
section 14.388.
Sec. 64. [DIRECTION TO
COMMISSIONER; DENTAL REVIEW.]
The commissioner of health, in consultation with the relevant
dental associations, licensed dental and public health professionals, and
others, shall review the leadership and advisory role of the Department of
Health relative to dental health including the usefulness of utilizing a dental
director. The review shall include
prevention, health disparities, and critical access issues and shall be
reported to the legislative committees with jurisdiction over health policy by
January 15, 2006.
Sec. 65. [REPEALER.]
(a) Minnesota Statutes 2004, sections 13.383, subdivision 3;
13.411, subdivision 3; 144.1486; 144.1502; 146A.01, subdivisions 2 and 5;
146A.02; 146A.03; 146A.04; 146A.05; 146A.06; 146A.07; 146A.08; 146A.09;
146A.10; and 157.215, are repealed.
(b) Minnesota Statutes 2004, section 145.925, and Minnesota
Rules, parts 4700.1900, 4700.2000, 4700.2100, 4700.2200, 4700.2210, 4700.2300,
4700.2400, 4700.2410, 4700.2420, and 4700.2500, are repealed.
[EFFECTIVE DATE.] Paragraph
(b) of this section is effective July 1, 2006, or upon implementation of the
Family Planning Project section 1115 waiver, whichever is later.
ARTICLE
9
DEPARTMENT
OF HUMAN SERVICES FORECAST ADJUSTMENT
Section 1.
[ADJUSTMENT.]
The dollar amounts shown are added to or, if shown in
parentheses, are subtracted from the appropriations in Laws 2003, First Special
Session chapter 14, as amended by Laws 2004, chapter 272, or other law, and are
appropriated from the general fund, or any other fund named, to the Department
of Human Services for the purposes specified in this article, to be available
for the fiscal year indicated for each purpose. The figure "2005" used in this article means that the
appropriation or appropriations listed are available for the fiscal year ending
June 30, 2005.
SUMMARY
BY FUND
2005
General Fund 25,517,000
Health Care Access (33,947,000)
TANF (814,000)
TOTAL (9,244,000)
2005
Sec. 2. COMMISSIONER OF
HUMAN SERVICES
Subdivision 1. Total
Appropriation
(9,244,000)
Summary by Fund
General 25,517,000
Health Care Access (33,947,000)
TANF
(814,000)
Subd. 2. Revenue and
Pass-Through
TANF (814,000)
Subd. 3. Basic Health
Care Grants
General 44,502,000
Health Care Access (33,947,000)
The amount that may be spent from this appropriation for each purpose
is as follows:
(a) MinnesotaCare
Health Care Access (33,947,000)
(b) MA Basic Health Care -
Families and Children
General 39,343,000
(c) MA Basic Health Care -
Elderly and Disabled
General (20,641,000)
(d) General Assistance
Medical Care
General 25,800,000
Subd. 4. Continuing
Care Grants
General (18,985,000)
The amount that may be spent from this appropriation for each purpose
is as follows:
(a) MA Long-Term Care
Waivers
General (6,218,000)
2005
(b) MA Long-Term Care
Facilities
General (15,645,000)
(c) Chemical Dependency
Entitlement Grants
General (2,878,000)
ARTICLE
10
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 "2006" and "2007"
where used in this article, mean that the appropriation or appropriations
listed under them are available for the fiscal year ending June 30, 2006, or
June 30, 2007, respectively.
SUMMARY
BY FUND
BIENNIAL
2006 2007 TOTAL
General $3,489,795,000 $3,638,825,000 $7,128,620,000
State Government Special
Revenue 49,893,000 50,307,000 100,200,000
Health Care Access 461,575,000 552,394,000 1,013,969,000
Federal TANF 66,989,000 64,446,000
131,435,000
Lottery Prize Fund 1,456,000
1,456,000 2,912,000
TOTAL $4,069,708,000
$4,307,428,000 $8,377,136,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec. 2. COMMISSIONER OF
HUMAN SERVICES
Subdivision 1. Total
Appropriation $3,908,881,000 $4,145,724,000
Summary by Fund
General 3,390,600,000 3,539,173,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
State Government
Special Revenue 534,000 534,000
Health Care Access 455,302,000 546,115,000
Federal TANF 60,989,000 58,446,000
Lottery Cash Flow 1,456,000
1,456,000
[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.
[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.
[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.
[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
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
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.
[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 2006 and
$2,157,000 in fiscal year 2007 are to be used to increase the capitation
payments under Minnesota Statutes, section 256B.69. Notwithstanding section 12, this provision shall not expire.
Subd. 2. Agency
Management
Summary by Fund
General 46,899,000 46,782,000
State Government
Special Revenue 415,000 415,000
Health Care Access 5,565,000
5,200,000
Federal TANF 222,000
222,000
The amounts that may be spent from the
appropriation for each purpose are as follows:
(a) Financial Operations
General 10,473,000 10,473,000
Health Care Access 813,000
837,000
Federal TANF 122,000
122,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[ADMINISTRATIVE BASE
ADJUSTMENT - WEB PAYMENT.] The health care access fund base is increased by $28,000 in fiscal
year 2008 and $61,000 in fiscal year 2009 for fees associated with web-based
payment collections.
(b) Legal and Regulation
Operations
General 9,983,000
9,636,000
State Government
Special Revenue 415,000 415,000
Health Care Access 755,000
319,000
Federal TANF 100,000
100,000
(c) Management Operations
General 3,281,000
3,281,000
Health Care Access 68,000
68,000
(d) Information Technology
Operations
General 23,162,000 23,392,000
Health Care Access 3,929,000
3,976,000
Subd. 3. Revenue and
Pass-Through Expenditures
Summary by Fund
Federal TANF 60,767,000 58,224,000
Subd. 4. Children and
Economic Assistance Grants
Summary by Fund
General 37,000
177,000
(a) Children's Services
Grants
General 34,000
166,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[CHILDREN'S MENTAL HEALTH GRANTS BASE
ADJUSTMENT.] The general fund base is increased by $41,000 in fiscal year 2008
and fiscal year 2009 for costs associated with the long-term care provider
cost-of-living adjustment.
(b) Children and Community
Services Grants
General 3,000
11,000
[CHILDREN'S COMMUNITY SERVICE GRANTS BASE
ADJUSTMENT.] The general fund base is increased by $2,000 in fiscal year 2008
and fiscal year 2009 for costs associated with the long-term care provider
cost-of-living adjustment.
Subd. 5. Basic Health
Care Grants
Summary by Fund
General 1,523,140,000 1,600,826,000
Health Care Access 429,897,000
523,265,000
[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.
[HEALTH CARE ACCESS FUND SPENDING AUTHORITY.]
The commissioner of human services, with the approval of the commissioner of
finance, and after notification of the chairs of the relevant house finance
committee and senate budget division, may expend money appropriated from the
health care access fund for MinnesotaCare and general assistance medical care
in either fiscal year of the biennium and transfer unencumbered appropriation
balances between these two programs within or between fiscal years for the
biennium ending June 30, 2007.
The amounts that may be spent from the
appropriation for each purpose are as follows:
(a) MinnesotaCare Grants
Health Care Access 194,312,000
124,655,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[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.
(b) MA Basic Health Care -
Families and Children
General 618,601,000 735,325,000
(c) MA Basic Health Care -
Elderly and Disabled
General 807,585,000 862,804,000
(d) General Assistance Medical Care Grants
General 87,416,000 318,000
[GAMC DRUG REBATE REVENUES.] Notwithstanding
Minnesota Statutes, section 256.01, subdivision 2, drug rebate revenues collected
for general assistance medical care claims with a warrant date prior to June
30, 2007, shall be deposited in the general fund and the pharmaceutical
discount program implementation is delayed until July 1, 2007. Notwithstanding section 12, this provision
will not expire.
Health Care Access 235,585,000
398,610,000
(e) Prescription Drug
Program Grants
General 4,318,000
-0-
[PDP TO MEDICARE PART D TRANSITION.] The
commissioner of human services, with the approval of the commissioner of finance,
and after notification of the chair of the senate Health and Human Services
Budget Division and the chair of the house Health Policy and Finance Committee,
may transfer fiscal year 2006 appropriations between the medical assistance
program and the prescription drug program.
(f) Health Care Grants -
Other Assistance
General 5,467,000
3,059,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 6. Health Care
Management
Summary by Fund
General 25,613,000 26,371,000
Health Care Access 19,840,000 17,650,000
The amounts that may be spent from the appropriation
for each purpose are as follows:
(a) Health Care Policy
Administration
General 8,976,000
9,176,000
Health Care Access 3,482,000
2,630,000
[HEALTH CARE ACCESS FUND
TRANSFERS EXPIRATION.] Notwithstanding Laws 2003, First Special Session chapter 14, article
13C, section 2, subdivision 6, paragraph (b), designating funds available for
transfer to the general fund, the commissioner of finance's authorization to
transfer those designated funds from the health care access fund shall expire
July 1, 2005.
[HEALTH CARE ACCESS FUND TRANSFERS.] Transfers of
funds between the health care access fund and the general fund authorized under
Minnesota Statutes, section 16A.724, supersede the transfers authorized in Laws
2003, First Special Session chapter 14, article 13C, section 2, subdivision 7,
paragraph (a). This provision is
effective the day following final enactment.
[ADMINISTRATIVE BASE ADJUSTMENT.] The health care
access fund base is increased by $1,868,000 in fiscal year 2008 and $1,874,000
in fiscal year 2009, for implementation of business process redesign in health
care.
[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.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
(b) Health Care Operations
General 16,637,000 17,195,000
Health Care Access 16,358,000 15,020,000
Subd. 7. Continuing
Care Grants
Summary by Fund
General 1,556,346,000 1,649,445,000
Lottery Prize 1,308,000 1,308,000
The amounts that may be spent from the appropriation
for each purpose are as follows:
(a) Aging and Adult Services
Grant
General 15,375,000 14,323,000
[MEDICARE PART D.] Of the general fund appropriation
for the biennium, $4,697,000 shall be used for grants to the Board on Aging for
information and assistance for Medicare Part D implementation. This money can be used in either year of the
biennium.
Beginning in fiscal 2008, base level funding is
$3,417,000 per year.
(b) Alternative Care Grants
General 57,896,000 49,492,000
[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 BASE.] Base level funding for
alternative care grants is increased by $563,000 in fiscal year 2008 and by
$575,000 in fiscal year 2009.
[ALTERNATIVE CARE IMPLEMENTATION OF CHANGES TO
ELIGIBILITY.] Changes to Minnesota Statutes, section 256B.0913, subdivisions 2
and 4, paragraph (a), are effective July 1,
2005, for all persons found eligible for the alternative care
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
program on and after July 1, 2005. All persons who are alternative care clients
as of June 30, 2005, must be subject to Minnesota Statutes, section 256B.0913,
subdivisions 2 and 4, paragraph (a), on the annual redetermination of program
eligibility due after June 30, 2005, but no later than January 1, 2006.
(c) Medical Assistance
Grants - Long-term Care Facilities
General 522,134,000 524,987,000
(d) Medical Assistance Grants - Long-Term Care
Waivers and Home Care Grants
General 834,007,000 926,510,000
[LONG-TERM CARE PROVIDER RATE INCREASE.] The long-term
care provider rate increase in Minnesota Statutes, sections 256B.431,
subdivision 41; 256B.5012, subdivision 6; and 256B.765, subdivision 3, shall be
adjusted to reflect an additional 3.37 percent increase effective October 1,
2007. This new rate shall become part
of base-level funding for fiscal years 2008 and 2009.
[LIMITING GROWTH IN COMMUNITY ALTERNATIVES FOR
DISABLED INDIVIDUALS WAIVER.] For each year of the biennium ending June 30,
2007, the commissioner shall make available additional allocations for home and
community-based services covered under Minnesota Statutes, section 256B.49, at
a rate of 95 per month or 1,140 per year, plus any additional legislatively
authorized growth. 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.
[LIMITING GROWTH IN TBI WAIVER.] For each year of
the biennium ending June 30, 2007, the commissioner shall make available additional
allocations for home and community-based services covered under Minnesota
Statutes, section 256B.49, at a rate of 150 per year. 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.
[LIMITING GROWTH IN MR/RC WAIVER.] For each year of
the biennium ending June 30, 2007, the commissioner shall limit the new
diversion caseload growth in the MR/RC waiver to 50 additional allocations.
Notwithstanding Minnesota Statutes,
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
section 256B.0916, subdivision 5, paragraph
(b), the available diversion allocations shall be awarded to support
individuals whose health and safety needs result in an imminent risk of an
institutional placement at any time during the fiscal year.
[QUALITY ASSURANCE COMMISSION.] Of the
general fund appropriation, $299,000 in fiscal year 2006 and $450,000 in fiscal
year 2007 is for the Quality Assurance Commission under Minnesota Statutes,
section 256B.0951.
(e) Mental Health Grants
General 46,665,000 47,726,000
Lottery Prize 1,308,000 1,308,000
[MENTAL HEALTH GRANT BASE.] Base level
funding for mental health grants is increased by $388,000 in fiscal year 2008
and by $395,000 in fiscal year 2009.
[RESTRUCTURING OF ADULT MENTAL HEALTH
SERVICES.] The commissioner may make transfers that do not increase the state
share of costs to effectively implement the restructuring of adult mental
health services.
[COMPULSIVE GAMBLING PREVENTION AND
EDUCATION.] $150,000 is appropriated from the lottery prize fund for the fiscal
year ending June 30, 2006, and $150,000 is appropriated from the lottery prize
fund for the fiscal year ending June 30, 2007, to the commissioner of human
services for a grant to the Northstar Problem Gambling Alliance in Arlington,
Minnesota. Of this appropriation,
$75,000 in the fiscal year ending June 30, 2006, and $75,000 in the fiscal year
ending June 30, 2007, is contingent on demonstration of nonstate matching
funds. The commissioner of finance may
disburse the state portion of the matching funds in increments of $37,500 upon
receipt of a commitment for an equal amount of matching nonstate funds. These funds shall be used to increase public
awareness of problem gambling, education, training, and research.
(f) Deaf and Hard-of-Hearing
Grants
General 1,453,000
1,479,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[DEAF AND HARD-OF-HEARING BASE FUNDING.] Base
level funding for the deaf and hard-of-hearing grants is increased by $4,000 in
fiscal year 2008 and $4,000 in fiscal year 2009.
(g) Chemical Dependency
Entitlement Grants
General 63,183,000 68,744,000
(h) Chemical Dependency
Nonentitlement Grants
General 1,055,000
1,055,000
(i) Other Continuing Care
Grants
General 14,578,000 15,260,000
[OTHER CONTINUING CARE GRANTS BASE FUNDING.]
Base level funding for other continuing care grants is increased by $45,000 in
fiscal year 2008 and $94,000 in fiscal year 2009.
Subd. 8. Continuing
Care Management
Summary by Fund
General 14,984,000 15,122,000
State Government
Special Revenue 119,000 119,000
Lottery Prize 148,000 148,000
[QUALITY ASSURANCE COMMISSION.] $151,000 in
fiscal year 2007 is appropriated from the general fund to the commissioner of
human services for the Quality Assurance Commission under Minnesota Statutes,
section 256B.0951. This funding is
added to the base appropriation for the quality assurance commission program
for the fiscal year beginning July 1, 2006.
Subd. 9. State-Operated
Services
Summary by Fund
General 223,581,000 200,448,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[EVIDENCE-BASED PRACTICE FOR METHAMPHETAMINE
TREATMENT.] $300,000 is appropriated from the general fund for the fiscal year
ending June 30, 2006, and $300,000 is appropriated from the general fund for
the fiscal year ending June 30, 2007, to the commissioner of human services to
support development of evidence-based practices for the treatment of
methamphetamine abuse at the state-operated services chemical dependency
program in Willmar. These funds shall
be used to support research on evidence-based practices for the treatment of
methamphetamine abuse, to disseminate the results of the evidence-based
practice research statewide, and to create training for addiction counselors
specializing in the treatment of methamphetamine abuse.
[TRANSFER AUTHORITY RELATED TO STATE-OPERATED
SERVICES.] Money appropriated to finance state-operated services programs and
administrative services may be transferred between fiscal years of the biennium
with the approval of the commissioner of finance.
[BASE ADJUSTMENT FOR STATE-OPERATED SERVICES
UTILIZATION.] The general fund base is increased by $3,174,000 in fiscal year
2008 and $6,472,000 in fiscal year 2009 for state-operated services forensic
operations, with corresponding adjustments to nondedicated revenue estimates.
Sec. 3. COMMISSIONER OF
HEALTH
Subdivision 1. Total
Appropriation 113,245,000
114,094,000
Summary by Fund
General 64,452,000 64,909,000
State Government
Special Revenue 36,520,000 36,906,000
Health Care Access 6,273,000
6,279,000
Federal TANF 6,000,000
6,000,000
[TANF APPROPRIATIONS.] (a) $4,000,000 of TANF funds
is appropriated each year to the commissioner for home visiting and nutritional
services listed under Minnesota Statutes, section 145.882, subdivision 7,
clauses (6) and (7). Funding shall be
distributed to community health boards based on Minnesota Statutes, section
145A.131, subdivision 1, and tribal governments based on Minnesota Statutes,
section 145A.14, subdivision 2, paragraph (b).
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
(b) $2,000,000 of TANF funds is appropriated
each year to the commissioner for decreasing racial and ethnic disparities in
infant mortality rates under Minnesota Statutes, section 145.928, subdivision
7.
[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.
[MN AIDS PROJECT.] Notwithstanding any law to
the contrary, the Minnesota AIDS Project is not eligible for any grants from
the commissioner of health or Department of Health.
Subd. 2. Community and
Family Health Promotion
Summary by Fund
General 40,074,000 38,670,000
State Government
Special Revenue 341,000 328,000
Health Care Access 3,510,000
3,516,000
Federal TANF 3,580,000
3,580,000
[HEALTH OCCUPATIONS LICENSING.] $200,000 of
the appropriation in fiscal year 2006 and $200,000 of the appropriation in
fiscal year 2007 from the health occupations licensing account in the state
government special revenue fund are for the rural pharmacy planning and
transition grant program.
[SHAKEN BABY VIDEO.] Of the state government
special revenue fund appropriation, $13,000 in 2006 is appropriated to the
commissioner of health to provide a video to hospitals on shaken baby
syndrome. The commissioner of health
shall assess a fee to hospitals to cover the cost of the approved shaken baby
video and the revenue received is to be deposited in the state government
special revenue fund.
[POSITIVE ABORTION ALTERNATIVES.] $50,000 in
fiscal year 2006 is for administrative costs of the positive abortion
alternatives program implementation.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$2,500,000 in fiscal year 2007 is for positive
abortion alternatives under Minnesota Statutes, section 145.4231. Of this amount, $100,000 may be used for
administrative costs of implementing the grant program.
Subd. 3. Policy Quality
and Compliance
Summary by Fund
General 3,668,000
3,668,000
State Government
Special Revenue 11,528,000 11,428,000
Health Care Access 2,763,000
2,763,000
[OCCUPATIONAL THERAPY FEE HOLIDAY.] 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 2006 and 2007.
Subd. 4. Health
Protection
Summary by Fund
General 9,118,000
9,118,000
State Government
Special Revenue 24,316,000 24,815,000
Subd. 5. Minority and
Multicultural Health
Summary by Fund
General 6,190,000
8,051,000
Federal TANF 2,420,000
2,420,000
Subd. 6. Administrative
Support Services
Summary by Fund
General 5,402,000
5,402,000
State Government
Special Revenue 335,000 335,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec. 4. VETERANS
NURSING HOMES 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.
Sec. 5. HEALTH-RELATED
BOARDS
Subdivision 1. Total
Appropriation 12,268,000
12,296,000
Summary by Fund
General 25,000
25,000
State Government
Special Revenue 12,243,000 12,271,000
[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.
Subd. 2. Board of
Behavioral Health and Therapy 673,000
673,000
Subd. 3. Board of
Chiropractic Examiners 414,000 414,000
Subd. 4. Board of
Dentistry 888,000 888,000
Subd. 5. Board of
Dietetic and Nutrition Practice 101,000
101,000
The Board of Dietetic and Nutrition Practice
may lower its fees by an amount not to exceed $36,000 in fiscal years 2006,
2007, 2008, and 2009.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 6. Board of
Marriage and Family Therapy 127,000
131,000
Subd. 7. Board of
Medical Practice 3,529,000 3,569,000
Subd. 8. Board of
Nursing
2,561,000 2,567,000
The Board of Nursing may lower its fees by an
amount not to exceed $467,000 in fiscal year 2006 and $442,000 in fiscal years 2007,
2008, and 2009.
Subd. 9. Board of
Nursing Home Administrators 616,000
629,000
[ADMINISTRATIVE SERVICES UNIT.] Of this
appropriation, $418,000 the first year and $421,000 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. 10. Board of
Optometry 96,000 96,000
Subd. 11. Board of
Pharmacy 1,289,000 1,244,000
General Fund 25,000
25,000
State Government
Special Revenue 1,264,000 1,219,000
[CANCER DRUG REPOSITORY.] $25,000 each year
from the general fund is for the Board of Pharmacy to operate the cancer drug
repository program in Minnesota Statutes, section 144.707.
Subd. 12. Board of
Physical Therapy 201,000 207,000
Subd. 13. Board of
Podiatry
49,000 53,000
Subd. 14. Board of
Psychology 680,000 680,000
Subd. 15. Board of
Social Work 873,000 873,000
[TEMPORARY FEE REDUCTION.] For fiscal years
2006, 2007, 2008, and 2009, the following fee changes for fees specified in
Minnesota Statutes, section 148D.175, are effective:
(1) in subdivision 1, the application fee for
a licensed independent social worker is reduced to $45;
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
(2) in subdivision 1, the application fee for a
licensed independent clinical social worker is reduced to $45;
(3) in subdivision 1, the application fee for a
licensure by endorsement is reduced to $85;
(4) in subdivision 2, the license fee for a licensed
social worker is reduced to $90;
(5) in subdivision 2, the license fee for a licensed
graduate social worker is reduced to $160;
(6) in subdivision 2, the license fee for a licensed
independent social worker is reduced to $240;
(7) in subdivision 2, the license fee for a licensed
independent clinical social worker is reduced to $265;
(8) in subdivision 3, the renewal fee for a licensed
social worker is reduced to $90;
(9) in subdivision 3, the renewal fee for a licensed
graduate social worker is reduced to $160;
(10) in subdivision 3, the renewal fee for a
licensed independent social worker is reduced to $240;
(11) in subdivision 3, the renewal fee for a
licensed independent clinical social worker is reduced to $265; and
(12) in subdivision 5, the renewal late fee is
reduced to one-third of the renewal fee specified in subdivision 3.
These fee reductions expire on June 30, 2009.
Subd. 16. Board of
Veterinary Medicine 171,000 171,000
Sec. 6. EMERGENCY
MEDICAL SERVICES BOARD
Subdivision 1. Total
Appropriation 3,077,000
3,077,000
Summary by Fund
General 2,481,000
2,481,000
State Government
Special Revenue 596,000 596,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[HEALTH PROFESSIONAL SERVICES ACTIVITY.]
$596,000 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 1,462,000
1,462,000
Sec. 9. OMBUDSMAN FOR
FAMILIES
General 245,000
245,000
Sec. 10. [TRANSFERS.]
Subdivision 1.
[GRANTS.] The commissioner of human services, with the approval of
the commissioner of finance, and after notification of the chairs of the
relevant senate budget division and house finance committee, may transfer
unencumbered appropriation balances for the biennium ending June 30, 2007,
within fiscal years among the MFIP, general assistance, medical assistance,
MFIP child care assistance under Minnesota Statutes, section 119B.05, 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
relevant house and senate health committees 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. 11. [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. 12. [SUNSET OF
UNCODIFIED LANGUAGE.]
All uncodified language contained in this article expires on
June 30, 2007, unless a different expiration date is explicit.
Sec. 13.
[EFFECTIVE DATE.]
The provisions in this article are effective July 1, 2005,
unless a different effective date is specified.
ARTICLE
11
OPTION
B SPENDING
Section 1. [CONDITIONAL
EFFECTIVE DATE.]
The policies and the appropriations in this article are
effective only if H.F. 1664 is passed by the house of representatives. The amounts indicated in this article are
appropriated to the commissioner of human services for the purposes indicated
in the fiscal years indicated.
Sec. 2. Minnesota
Statutes 2004, 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), or 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
(i) who has gross countable income not in excess of 75
percent of the federal poverty guidelines for the family size, using a
six-month budget period 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 section 256B.056, subdivision 3,
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; or and
(ii) who has gross countable income above 75 percent not
in excess of 75 percent of the federal poverty guidelines but not
in excess of 175 percent of the federal poverty guidelines for the family
size, using a six-month budget period, or whose equity in assets is
not in excess of the limits in section 256B.056, subdivision 3c, and who
applies during an inpatient hospitalization excess income is spent down
to 75 percent of the federal poverty guidelines using a six-month budget period.
(b) General assistance medical care may not be paid for
applicants or recipients who meet all eligibility requirements of MinnesotaCare
as defined in sections 256L.01 to 256L.16, and are adults with dependent
children under 21 whose gross family income is equal to or less than 275
175 percent of the federal poverty guidelines.
(c) 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). For applications received on or after October 1, 2003,
Eligibility may begin no earlier than the date of application. For individuals eligible under paragraph
(a), clause (2), item (i), a redetermination of eligibility must occur
every 12 months. Individuals are
eligible under paragraph (a), clause (2), item (ii), only during inpatient
hospitalization but may reapply if there is a subsequent period of inpatient
hospitalization. Beginning January
1, 2000, Minnesota health care program applications completed by recipients and
applicants who are persons described
(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 a name,
address, Social Security number, and signature when health care is delivered
due to a medical condition or disability, a health care provider may act on an
applicant's behalf to establish the date of an initial Minnesota health care
program application by providing the county agency or Department of Human
Services with provider identification and a temporary unique identifier for the
applicant. 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.
(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.
(h) In determining the amount of assets of an individual
eligible under paragraph (a), clause (2), item (i), 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 104-193, sections 421 and 422, and subsequently set out in federal
rules.
(j) Undocumented noncitizens and nonimmigrants are ineligible
for general assistance medical care.
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.
(k) 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.
(l) Effective July 1, 2003, general assistance medical care
emergency services end.
[EFFECTIVE DATE.] This
section is effective October 1, 2005.
Sec. 3. Minnesota
Statutes 2004, 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.
(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.
[EFFECTIVE DATE.] This
section is effective October 1, 2005.
Sec. 4. Minnesota
Statutes 2004, section 256L.03, subdivision 5, is amended to read:
Subd. 5. [CO-PAYMENTS
AND COINSURANCE.] (a) Except as provided in paragraphs (b) and (c), the
MinnesotaCare benefit plan shall include the following co-payments and
coinsurance requirements for all enrollees:
(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;
(3) $25 for eyeglasses for adult enrollees; and
(4) $3 per nonpreventive visit. For purposes of this subdivision, a visit means an episode of
service which is required because of an enrollee's symptoms, diagnosis, or
established illness, and which is delivered in an ambulatory setting by a
physician or physician ancillary, chiropractor, podiatrist, advanced practice
nurse, audiologist, optician, or optometrist;
(5) $6 for nonemergency visits to a hospital-based emergency
room; and
(6) 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.
(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.
(c) Paragraph (a), clauses (1) to (4) (6), do not
apply to pregnant women and children under the age of 21.
(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) Paragraph (a), clauses (4) and (5), are limited to one
co-payment per day per provider.
[EFFECTIVE DATE.] This
section is effective January 1, 2006.
Sec. 5. Minnesota
Statutes 2004, section 256L.04, subdivision 1, is amended to read:
Subdivision 1. [FAMILIES
WITH CHILDREN.] (a) Through September 30, 2005, 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. Beginning
October 1, 2005, children and pregnant women 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. Beginning October 1, 2005, parents,
grandparents, foster parents, relative caretakers, and legal guardians ages 21
and over are not eligible for MinnesotaCare if their gross income exceeds 190
percent of the federal poverty guidelines for the applicable family size. 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, if the children are eligible. Children 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 October 1, 2003, 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, or upon federal approval,
whichever is later, parents are not eligible for MinnesotaCare if their gross
income exceeds $50,000.
Sec. 6. Minnesota
Statutes 2004, section 256L.11, subdivision 6, is amended to read:
Subd. 6. [ENROLLEES 18
OR OLDER.] Payment by the MinnesotaCare program for inpatient hospital services
provided to MinnesotaCare enrollees eligible 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, who are 18 years old or older on the date
of admission to the inpatient hospital must be in accordance with paragraphs
(a) and (b). Payment for adults who are
not pregnant and are eligible under section 256L.04, subdivisions 1 and 2, and
whose incomes are equal to or less than 175 percent of the federal poverty
guidelines, shall be as provided for under paragraph (c).
(a) If the medical assistance rate minus any co-payment
required under section 256L.03, subdivision 4 5, is less than or
equal to the amount remaining in the enrollee's benefit limit under section
256L.03, subdivision 3, payment must be the medical assistance rate minus any
co-payment required under section 256L.03, subdivision 4 5. The hospital must not seek payment from the
enrollee in addition to the co-payment.
The MinnesotaCare payment plus the co-payment must be treated as payment
in full.
(b) If the medical assistance rate minus any co-payment
required under section 256L.03, subdivision 4 5, is greater than
the amount remaining in the enrollee's benefit limit under section 256L.03,
subdivision 3, payment must be the lesser of:
(1) the amount remaining in the enrollee's benefit limit; or
(2) charges submitted for the inpatient hospital services less
any co-payment established under section 256L.03, subdivision 4 5.
The hospital may seek payment from the enrollee for the amount
by which usual and customary charges exceed the payment under this
paragraph. If payment is reduced under
section 256L.03, subdivision 3, paragraph (b), the hospital may not seek
payment from the enrollee for the amount of the reduction.
(c) For admissions occurring during the period of July 1, 1997,
through June 30, 1998, for adults who are not pregnant and are eligible under
section 256L.04, subdivisions 1 and 2, and whose incomes are equal to or less
than 175 percent of the federal poverty guidelines, the commissioner shall pay
hospitals directly, up to the medical assistance payment rate, for inpatient
hospital benefits in excess of the $10,000 annual inpatient benefit limit.
[EFFECTIVE DATE.] This
section is effective October 1, 2005.
Sec. 7. [INCREASE IN
GAMC FUNDING RELATED TO SPENDDOWN STANDARD.]
$3,062,000 in fiscal year 2006 and $3,964,000 in fiscal year
2007 are added to the appropriations in article 10, section 2, subdivision 5,
paragraph (d), to increase the general assistance medical care spenddown
standard from 50 percent to 75 percent of the federal poverty guidelines as provided
in section 2.
Sec. 8. [INCREASE IN
MINNESOTACARE FUNDING RELATED TO INCOME STANDARD FOR PARENTS.]
$2,191,000 in fiscal year 2006 and $6,048,000 in fiscal year
2007 are added to the appropriations in article 10, section 2, subdivision 5,
paragraph (a), for the purpose of sections 3 to 6.
Sec. 9. [MINNESOTACARE
OUTREACH GRANTS.]
The repeal in article 3 of Minnesota Statutes 2004, section
256L.04, subdivision 11, shall not take effect.
Sec. 10. [FUNDING FOR
MINNESOTACARE OUTREACH GRANTS.]
$750,000 in fiscal year 2006 and $750,000 in fiscal year
2007 are added to the appropriations in article 10, section 2, subdivision 5,
paragraph (f), to fund MinnesotaCare outreach grants under Minnesota Statutes,
section 256L.04, subdivision 11. Federal
administrative reimbursement resulting from MinnesotaCare outreach is
appropriated to the commissioner for this purpose.
Sec. 11. [HOME CARE
SERVICES REIMBURSEMENT RATES.]
$1,261,000 in fiscal year 2006 and $1,973,000 in fiscal year
2007 are added to the appropriations in article 10, section 2, subdivision 7,
paragraph (d), to provide additional increases in reimbursement rates for home
health services under Minnesota Statutes, section 256B.763. The commissioner must recalculate the rates
in Minnesota Statutes, section 256B.763, to reflect these additional
appropriations.
Sec. 12. [OTHER
PROVISIONS.]
The amendments in this article to sections of law supersede
and shall be implemented in place of the amendments or repealers to those sections
in article 3."
Delete the title and insert:
"A bill for an act relating to the operation of state
government; making changes to health and human services programs; changing
licensing and state-operated services provisions; changing provisions in state
health care programs, changing MinnesotaCare to a forecasted program and
changing eligibility requirements and payments, allowing transfer of excess
health care access funds to the general fund, allowing the commissioner to
withhold for delinquent nursing home provider surcharges, allowing reduction of
excess assets for MA and changing other MA provisions, reducing payments to
managed care plans, establishing medical necessity standards for state health
care programs, allowing the state to recover payment for long-term care from
trusts and life estates or joint tenancy interests, and establishing a health
services policy committee and medication therapy management; establishing a
value-based nursing facility reimbursement system and changing other provisions
for nursing facilities; changing continuing care for the elderly and disabled
provisions and establishing the Minnesota partnership for long-term care
programs, increasing rate reimbursement for ICF/MR facilities, health care
services, and provider rate increases, requiring a study for dental access,
establishing an interagency work group on disability services; changing
provisions for mental health services, allowing payment for mental health
telemedicine, providing treatment foster care services and transitional youth
intensive rehabilitative mental health services; modifying health policy,
establishing a Health Information Technology and Infrastructure Advisory
Committee, establishing a rural pharmacy planning and transition grant program,
requiring a report from physicians and facilities performing abortions,
classifying data in abortion notification reports, providing education on
shaking infants and children, establishing a voluntary trauma system, trauma
registry, and trauma advisory council, establishing a cancer drug repository
program, prohibiting family grant funds to subsidize abortion services,
promoting positive abortion alternatives, establishing the unborn child pain
prevention act, providing education on postpartum depression, adjusting certain
fees, providing civil and
criminal penalties; making forecast adjustments; appropriating money; and
providing for alternative funding; amending Minnesota Statutes 2004, sections
13.3806, by adding a subdivision; 16A.724; 103I.101, subdivision 6; 103I.208,
subdivisions 1, 2; 103I.235, subdivision 1; 103I.601, subdivision 2; 144.122;
144.147, subdivisions 1, 2; 144.148, subdivision 1; 144.1483; 144.1501,
subdivisions 1, 2, 3, 4; 144.226, subdivisions 1, 4, by adding subdivisions;
144.3831, subdivision 1; 144.551, subdivision 1; 144.562, subdivision 2;
144.9504, subdivision 2; 144.98, subdivision 3; 144A.071, subdivision 4a;
144A.073, by adding a subdivision; 144E.101, by adding a subdivision; 145.56,
subdivisions 2, 5; 145.924; 145.9268; 146A.11, subdivision 1; 147A.08; 150A.22;
157.15, by adding a subdivision; 157.16, subdivisions 2, 3, by adding
subdivisions; 157.20, subdivisions 2, 2a; 214.01, subdivision 2; 214.06,
subdivision 1, by adding a subdivision; 245.4661, subdivisions 2, 6; 245.4885,
subdivisions 1, 2, by adding a subdivision; 245A.10, subdivision 5; 245C.10,
subdivisions 2, 3; 245C.32, subdivision 2; 246.0136, subdivision 1; 252.27,
subdivision 2a; 253.20; 253B.02, subdivision 7; 256.01, subdivision 2, by
adding subdivisions; 256.019, subdivision 1; 256.045, subdivisions 3, 3a;
256.046, subdivision 1; 256.9657, by adding a subdivision; 256.969, subdivision
3a; 256B.02, subdivision 12; 256B.04, by adding a subdivision; 256B.056,
subdivisions 5, 5a, 5b, 7, by adding subdivisions; 256B.057, subdivision 9;
256B.0575; 256B.0595, subdivision 2; 256B.06, subdivision 4; 256B.0621,
subdivisions 2, 3, 4, 5, 6, 7, by adding a subdivision; 256B.0625, subdivisions
2, 3a, 13, 13a, 13c, 13e, 13f, 17, by adding subdivisions; 256B.0644; 256B.075,
subdivision 2; 256B.0913, subdivisions 2, 4; 256B.0916, by adding a
subdivision; 256B.095; 256B.0951, subdivision 1; 256B.0952, subdivision 5;
256B.0953, subdivision 1; 256B.15, subdivision 1; 256B.19, subdivision 1;
256B.32, subdivision 1; 256B.431, subdivisions 28, 29, 35, by adding
subdivisions; 256B.432, subdivisions 1, 2, 5, by adding subdivisions; 256B.434,
subdivisions 3, 4, 4a, 4b, 4c, 4d, by adding a subdivision; 256B.438,
subdivision 3; 256B.47, subdivision 2; 256B.49, subdivision 16; 256B.5012, by
adding a subdivision; 256B.69, subdivisions 4, 23, by adding a subdivision;
256B.75; 256B.765; 256D.03, subdivisions 3, 4, by adding subdivisions;
256D.045; 256L.01, subdivisions 1a, 4, 5; 256L.03, subdivisions 1, 3, 5, by
adding a subdivision; 256L.04, subdivisions 1, 2, 8, by adding subdivisions;
256L.05, subdivisions 2, 3, 3a, 5; 256L.06, subdivision 3; 256L.07,
subdivisions 1, 3, by adding a subdivision; 256L.09, subdivision 2; 256L.11,
subdivision 6; 256L.12, subdivision 6, by adding a subdivision; 256L.15, subdivisions
2, 3; 326.42, subdivision 2; 471.61, by adding a subdivision; 514.981,
subdivision 6; Laws 2003, First Special Session chapter 14, article 12, section
93; Laws 2004, chapter 267, article 12, section 4; proposing coding for new law
in Minnesota Statutes, chapters 62J; 144; 145; 245A; 256B; 501B; repealing
Minnesota Statutes 2004, sections 13.383, subdivision 3; 13.411, subdivision 3;
144.1486; 144.1502; 145.925; 146A.01, subdivisions 2, 5; 146A.02; 146A.03;
146A.04; 146A.05; 146A.06; 146A.07; 146A.08; 146A.09; 146A.10; 157.215;
256.955; 256B.075, subdivision 5; 256L.035; 256L.04, subdivisions 7, 11;
256L.09, subdivisions 1, 4, 5, 6, 7; 295.581; Minnesota Rules, parts 4700.1900;
4700.2000; 4700.2100; 4700.2200; 4700.2210; 4700.2300; 4700.2400; 4700.2410;
4700.2420; 4700.2500."
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.
Gunther from the Committee on Jobs and Economic Opportunity
Policy and Finance to which was referred:
H. F. No. 1976, A bill for an act relating to state government;
appropriating money for economic development and human services purposes;
establishing and modifying certain programs; providing for accounts,
assessments and fees; making changes to programs for children and families;
amending Minnesota Statutes 2004, sections 60A.14, subdivision 1; 60K.55,
subdivision 2; 72B.04, subdivision 10; 82B.09, subdivision 1; 116C.779,
subdivision 2; 116J.551, subdivision 1; 116J.63, subdivision 2; 116J.8731,
subdivision 5; 119B.13, subdivision 1; 183.41, by adding a subdivision;
183.411, subdivisions 2a, 3; 183.42; 183.44, subdivision 1; 183.51, subdivision
2, by adding a subdivision; 183.545; 183.57; 216C.41, subdivisions 2, 5, 5a;
256.01, by adding a subdivision; 256.741, subdivision 4;
256D.06, subdivisions 5, 7, by adding a subdivision; 256J.12, subdivision 1, by
adding a subdivision; 256J.95, by adding subdivisions; 326.975, subdivision 1;
345.47, subdivisions 3, 3a; 373.40, subdivisions 1, 3; 462A.05, subdivision 3a;
462A.33, subdivision 2; 517.08, subdivisions 1b, 1c; proposing coding for new
law in Minnesota Statutes, chapters 45; 256K; repealing Minnesota Statutes
2004, sections 45.0295; 116J.58, subdivision 3; 119B.074; 256D.54, subdivision
3; 462C.15; Laws 2003, First Special Session chapter 14, article 9, section 34;
Minnesota Rules, parts 9500.1254; 9500.1256.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE
1
JOBS
AND ECONOMIC DEVELOPMENT APPROPRIATIONS
Section 1. [JOBS AND
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 article, to be available for the fiscal
years indicated for each purpose. The
figures "2006" and "2007," where used in this article, mean
that the appropriation or appropriations listed under them are available for
the fiscal year ending June 30, 2006, or June 30, 2007, respectively. The term "first year" means the
fiscal year ending June 30, 2006, and the term "second year" means
the fiscal year ending June 30, 2007.
SUMMARY
BY FUND
2006 2007 TOTAL
General $143,228,000 $137,600,000 $280,828,000
Workforce Development 8,270,000 8,270,000
16,540,000
Remediation 700,000 700,000
1,400,000
Petroleum Tank Cleanup 1,084,000
1,084,000 2,168,000
Workers' Compensation 21,725,000 21,725,000
43,450,000
TOTAL $175,007,000
$169,379,000 $344,386,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec. 2. EMPLOYMENT AND
ECONOMIC DEVELOPMENT
Subdivision 1. Total
Appropriation $46,116,000
$46,115,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Summary by Fund
General 37,596,000 37,595,000
Remediation 700,000 700,000
Workforce Development 7,820,000 7,820,000
The amounts that may be spent from this
appropriation for each program are specified in the following subdivisions.
Subd. 2. Business and
Community Development 7,819,000
7,818,000
Summary by Fund
General 7,119,000
7,118,000
Remediation 700,000 700,000
(a)(1) $150,000 the first year and $150,000
the second year are from the general fund for a grant under Minnesota Statutes,
section 116J.421, to the Rural Policy and Development Center at Minnesota State
University. 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.
(2) The grant shall be provided upon the
condition that each state-appropriated dollar be matched with a nonstate
dollar. Acceptable matching funds are
nonstate contributions that the center has received and have not been used to
match previous state grants. Any funds
not spent the first year are available the second year.
(b) $100,000 the first year and $100,000 the
second year are from the general fund for a grant to the Metropolitan Economic
Development Association for continuing minority business development programs
in the metropolitan area.
(c) $150,000 the first year and $150,000 the
second year are from the general fund for a grant to WomenVenture for women's
business development programs.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
(d) $250,000 the first year and $250,000 the
second year are from the general fund to establish a methamphetamine laboratory
cleanup revolving loan fund pursuant to proposed legislation. This is a onetime appropriation. These funds are available until spent.
(e) $18,000 in the first year and $17,000 in
the second year are for onetime grants to the Riverbend Center for
Entrepreneurial Facilitation in Blue Earth County. The grants must be used to continue a program to assist in the
development of entrepreneurs and small businesses. The grants must be provided on the condition that each
state-appropriated dollar be matched with a nonstate dollar. Any balance in the first year does not
cancel but is available in the second year.
Grant recipients must
report to the commissioner by February 1 in each of the two years after the
year of receipt of the grant. The
report must detail the number of customers served; the number of businesses
started, stabilized, or expanded; the number of jobs created and retained; and
business success rates. The
commissioner shall report to the legislature on the program's
assistance to entrepreneurs and small businesses. The report shall contain an evaluation of the
results.
(f) $100,000 the first year and $100,000 the
second year are to help small businesses access federal funds through the
federal Small Business Innovation Research Program and the federal Small
Business Technology Transfer Program.
Department services must include maintaining connections to 11 federal
programs, assessment of specific funding opportunities, review of funding
proposals, referral to specific consulting services, and conduct of training
workshops throughout the state. This
appropriation is added to the agency's base.
(g) $50,000 the first year and $50,000 the
second year are for grants to the Minnesota Inventors Congress.
(h) $15,000 the first year is for a onetime
grant to La Creche Early Childhood Centers, Inc. of Minneapolis.
Subd. 3. Workforce
Partnerships 7,910,000 7,910,000
Summary by Fund
General 7,035,000
7,035,000
Workforce Development 875,000
875,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
(a) $6,785,000 the first year and $6,785,000 the
second year are from the general fund for the Minnesota job skills partnership
program under Minnesota Statutes, sections 116L.01 to 116L.17. If the appropriation for either year is
insufficient, the appropriation for the other year is available. This appropriation does not cancel.
(b) $250,000 the first year and $250,000 the second
year are from the general fund for a grant under Minnesota Statutes,
section 116J.8747, to Twin Cities RISE! to provide training to
hard-to-train individuals.
(c) $875,000 the first year and $875,000 the second
year are from the workforce development fund for opportunities
industrialization center programs.
(d) The first $1,450,000 deposited in each year of
the biennium and in each year of subsequent bienniums into the contingent
account created under Minnesota Statutes, section 268.196, subdivision 3, shall
be transferred upon deposit to the workforce development fund created under
Minnesota Statutes, section 116L.20.
Deposits in excess of the $1,450,000 shall be transferred upon deposit
to the general fund.
Subd. 4. Workforce
Services 27,110,000 27,110,000
Summary by Fund
General 20,165,000 20,165,000
Workforce Development 6,945,000 6,945,000
(a) $4,864,000 the first year and $4,864,000 the
second year are from the general fund and $6,920,000 the first year and
$6,920,000 the second year are from the workforce development fund for extended
employment services for persons with severe disabilities or related conditions
under Minnesota Statutes, section 268A.15.
(b) $1,690,000 the first year and $1,690,000 the
second year are from the general fund for grants under Minnesota Statutes,
section 268A.11, for the eight centers for independent living. Money not expended the first year is available
the second year.
(c) $150,000 the first year and $150,000 the second
year are from the general fund and $25,000 the first year and $25,000 the
second year are from the workforce development fund for grants under Minnesota
Statutes, section 268A.03, to Rise, Inc. for the Minnesota Employment
Center for People Who are Deaf or Hard-of-Hearing. Money not expended the first year is available the second year.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
(d) $1,000,000 the first year and $1,000,000
the second year are from the general fund for grants for programs that provide
employment support services to persons with mental illness under Minnesota
Statutes, sections 268A.13 and 268A.14.
Up to $77,000 each year may be used for administrative and salary
expenses.
(e) $4,940,000 the first year and $4,940,000
the second year are from the general fund for state services for the blind
activities.
(f) On or after July 1, 2005, the
commissioner of finance shall cancel the unencumbered balance in the
contaminated site cleanup and development account to the unrestricted fund
balance in the general fund.
(g) On or after July 1, 2005, the
commissioner of finance shall transfer to the general fund any amount in excess
of $10,000,000 in the Minnesota minerals 21st century fund account in the
special revenue fund.
Subd. 5. State-Funded
Administration 3,277,000
3,277,000
Sec. 3. COMMERCE
Subdivision 1. Total
Appropriation 22,130,000
22,130,000
Summary by Fund
General 20,211,000 20,211,000
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 5,994,000 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 5,483,000 5,483,000
Subd. 5. Market Assurance
5,757,000 5,757,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Summary by Fund
General 4,922,000
4,922,000
Workers' Compensation 835,000
835,000
Subd. 6. Energy and
Telecommunications 3,812,000 3,812,000
Subd.
7. Fair Housing Education
Of the money appropriated for fair housing
education under Laws 2001, chapter 208, section 28, the unencumbered balance is
canceled and transferred to the general fund.
Subd.
8. Mortgage Consumer Education
Of the unexpended balance in the consumer
education account established under Minnesota Statutes, section 58.10,
subdivision 3, $200,000 is transferred to the general fund.
Subd.
9. Mortgage Flipping Education Campaign
Of the money appropriated for education
regarding mortgage flipping by Laws 1999, chapter 223, article 1, section 6,
subdivision 3, the unencumbered balance is canceled and transferred to the
general fund.
Subd.
10. Liquefied Petroleum Gas Account
The unexpended balance in the liquefied
petroleum gas account established under Minnesota Statutes, section 239.785,
subdivision 6, is canceled and transferred to the general fund.
Sec. 4. HOUSING FINANCE
AGENCY
Subdivision 1. Total
Appropriation 34,770,000
28,270,000
The amounts that may be spent from this
appropriation for certain programs are specified in the following subdivisions.
This appropriation is for transfer to the
housing development fund for the programs specified. Except as otherwise indicated, this transfer is part of the
agency's permanent budget base.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 2. Challenge
Program
$10,907,000 the first year and $4,407,000 the
second year are for the economic development and housing challenge program
under Minnesota Statutes, section 462A.33.
The base budget for the economic development
and housing challenge program shall be $10,907,000 in fiscal year 2008 and
$10,907,000 in fiscal year 2009.
Subd. 3. Housing Trust
Fund
$6,305,000 the first year and $6,305,000 the
second year are for the housing trust fund to be deposited in the housing trust
fund account created under Minnesota Statutes, section 462A.201, and used for
the purposes provided in that section.
Subd. 4. Rental Assistance
for Mentally Ill
$1,638,000 the first year and $1,638,000 the
second year are for a rental housing assistance program for persons with a
mental illness or families with an adult member with a mental illness under
Minnesota Statutes, section 462A.2097.
Subd. 5. Family
Homeless Prevention
$3,715,000 the first year and $3,715,000 the
second year are for family homeless prevention and assistance programs under
Minnesota Statutes, section 462A.204.
Any balance the first year does not cancel but is available the second
year.
Subd. 6. Home Ownership
Assistance Fund
The budget base for the home ownership
assistance fund shall be $885,000 in fiscal year 2008 and $885,000 in fiscal
year 2009.
Subd. 7. Affordable
Rental Investment Fund
$8,531,000 the first year and $8,531,000 the
second year are for the affordable rental investment fund program under
Minnesota Statutes, section 462A.21, subdivision 8b.
This appropriation is 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. This appropriation also may be used
to
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
finance the acquisition, rehabilitation, and debt
restructuring of existing supportive housing properties. For purposes of this subdivision,
"supportive housing" means affordable rental housing with links to
services necessary for individuals, youth, and families with children to
maintain housing stability.
The owner of the federally assisted rental property
must agree to 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
federally assisted rental 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. 8. Housing
Rehabilitation and Accessibility
$2,654,000 the first year and $2,654,000 the second
year are for the housing rehabilitation and accessibility program under
Minnesota Statutes, section 462A.05, subdivisions 14a and 15a.
Subd.
9. Home Ownership Education,
Counseling, and Training
$770,000 the first year and $770,000 the second year
are for the home ownership education, counseling, and training program under
Minnesota Statutes, section 462A.209.
Subd. 10. Capacity
Building Grants
$250,000 the first year and $250,000 the second year
are for nonprofit capacity building grants under Minnesota Statutes, section
462A.21, subdivision 3b.
Sec. 5. EXPLORE
MINNESOTA TOURISM 8,626,000
9,626,000
To develop maximum private sector involvement in
tourism, $4,000,000 each year must be matched by Explore Minnesota Tourism from
nonstate sources. Up to one-half of the
total match requirement may include in-kind contributions. Cash match is defined as revenue to the
state or documented case expenditures directly expended to support Explore
Minnesota tourism programs.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
In the second year, for every dollar generated from
nonstate sources in the previous year in excess of $4,000,000, an amount of up
to $1,000,000 is appropriated from the general fund to Explore Minnesota
tourism for marketing purposes. This
incentive is ongoing. In order to
maximize marketing grant benefits, the director must give priority for
organizational partnership marketing grants to organizations with year-round
sustained tourism activities. For
programs and projects submitted, the director must give priority to those that
encompass two or more areas or that attract nonresident travelers to the state.
Funding for the marketing grants is available either
year of the biennium. Unexpended grant
funds from the first year are available in the second year.
The director may use grant dollars or the value of
in-kind services to provide the state contribution for the partnership grant
program.
Any unexpended money from the general fund
appropriations made under this section does not cancel but must be placed in a
special marketing account for use by Explore Minnesota tourism for additional
marketing activities.
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, 2007.
Of this amount, $175,000 the first year and $175,000
the second year are for the Minnesota Film Board. The appropriation in each year is available only upon receipt by
the board of $1 in matching contributions of money or in-kind from nonstate
sources for every $3 provided by this appropriation.
Sec. 6. LABOR AND
INDUSTRY
Subdivision 1. Total
Appropriation 22,594,000
22,594,000
Summary by Fund
General 2,872,000
2,872,000
Workers' Compensation 19,272,000 19,272,000
Workforce Development 450,000
450,000
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
2006 2007
Subd. 2. Workers'
Compensation
10,346,000 10,346,000
This appropriation is from the workers'
compensation fund.
Up to $125,000 the first year and up to
$125,000 the second year are for grants to the Vinland Center for
rehabilitation services. The grants
shall be distributed as the department refers injured workers to the Vinland
Center to receive rehabilitation services.
Subd. 3. Workplace
Services 6,961,000 6,961,000
Summary by Fund
General 2,872,000
2,872,000
Workers' Compensation 3,639,000
3,639,000
Workforce Development 450,000
450,000
$350,000 each year is from the workforce
development fund for the apprenticeship program under Minnesota Statutes,
chapter 178.
$100,000 the first year and $100,000 the
second year are for labor education and advancement program grants. This appropriation is from the workforce
development fund.
The annual license fees authorized under
Minnesota Statutes, section 326.48, and detailed in Minnesota Rules, part
5230.0100, subpart 3, shall increase $20 for a journeyman high-pressure piping
pipefitter license, $20 for a high-pressure piping contracting pipefitter, $10
for an inactive license, and $100 for a high-pressure pipefitting business
license.
The permit filing and inspection fees
authorized under Minnesota Statutes, section 326.47, and detailed in Minnesota
Rules, part 5230.0100, subpart 4, shall be increased as follows: the filing of a permit application shall be
increased $50, the minimum high-pressure piping inspection fee shall be
increased $50, and the schedule of inspection fee rates shall be increased by
ten percent.
Subd. 4. General
Support 5,287,000 5,287,000
This appropriation is from the workers'
compensation fund.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec. 7. BUREAU OF
MEDIATION SERVICES 1,673,000
1,673,000
Sec. 8. WORKERS'
COMPENSATION COURT OF APPEALS 1,618,000
1,618,000
This appropriation is from the workers'
compensation fund.
Sec. 9. MINNESOTA
HISTORICAL SOCIETY
Subdivision 1. Total
Appropriation 22,753,000
22,626,000
The amounts that may be spent from this
appropriation for each program are specified in the following
subdivisions. The Minnesota Historical
Society shall make its best possible efforts, including the use of volunteers,
to avoid closing historic sites or substantially limiting public access to
them. Before closing any site, the
Minnesota Historical Society must consult with, and fully consider proposals
from, interested community groups or individuals who are willing to provide
financial or in-kind support for site operations.
Subd. 2. Education and
Outreach
12,727,000 12,727,000
Of this amount, $60,000 each year is to
offset the revenue loss from not charging fees for general tours at the
Capitol. Notwithstanding Minnesota
Statutes, section 138.668, the Minnesota Historical Society may not charge a
fee for its general tours at the Capitol, but may charge fees for special
programs other than general tours.
Of this amount, $743,000 each year is for
operation of the following historical sites:
Kelley Farm, Hill House, Lower Sioux Agency, Fort Ridgely, Historic
Forestville, the Forest History Center, and the Comstock House. This appropriation is added to the society's
base. This paragraph is effective the
day following final enactment.
Of this amount, $25,000 each year is for a
grant to the Minnesota Sesquicentennial Commission for planning and support of
its mission. This appropriation is
added to the society's general fund base through fiscal year 2010.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 3. Preservation
and Access
9,772,000 9,772,000
Subd. 4. Pass-Through
Appropriations
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 Minnesota Historical Society may
reallocate funds appropriated in and between subdivisions 2 and 3 for any
program purposes.
Sec. 10. BOARD OF THE
ARTS
Subdivision 1. Total
Appropriation 8,593,000
8,593,000
If the appropriation for either year is
insufficient, the appropriation for the other year is available.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
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. 11. BOARD OF
ACCOUNTANCY 487,000
487,000
Effective the day following final enactment and no later than June 30, 2006, the Board of Accountancy
shall combine its administrative functions with those of the Board of
Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience,
and Interior Design. Both appointed
boards would remain intact, and both would maintain their status as separate
state agencies.
Sec.
12. BOARD OF ARCHITECTURE, ENGINEERING,
LAND SURVEYING, LANDSCAPE ARCHITECTURE,
GEOSCIENCE,AND INTERIOR DESIGN 785,000
785,000
Sec. 13. BOARD OF
BARBER EXAMINERS 699,000
699,000
Sec. 14. PUBLIC
UTILITIES COMMISSION 4,163,000
4,163,000
Sec. 15. BOARD OF
ELECTRICITY
On or before June 30, 2006, the board shall transfer
$4,000,000 from the special revenue fund to the general fund.
ARTICLE 2
JOBS AND ECONOMIC DEVELOPMENT
Section 1. Minnesota
Statutes 2004, 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 D4806-01
D4806-04a; and
(2) is denatured as specified in Code of Federal Regulations,
title 27, parts 20 and 21.
(b) "Ethanol plant" means a plant at which ethanol is
produced.
(c) "Commissioner" means the commissioner of
agriculture.
Sec. 2. [45.22]
[LICENSE EDUCATION.]
The following fees must be paid to the commissioner:
(1) initial course approval, $10 for each hour or fraction
of one hour of education course approval sought. Initial course approval expires on the last day of the 24th month
after the course is approved;
(2) renewal of course approval, $10 per course. Renewal of course approval expires on the
last day of the 24th month after the course is renewed;
(3) initial coordinator approval, $100. Initial coordinator approval expires on the
last day of the 24th month after the coordinator is approved; and
(4) renewal of coordinator approval, $10. Renewal of coordinator approval expires on
the last day of the 24th month after the coordinator is renewed.
Sec. 3. Minnesota
Statutes 2004, 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 an application for an initial certification
of authority to be admitted to transact business in this state, $1,500;
(2) for filing certified copy of certificate of articles
of incorporation, $100;
(2) (3) for filing annual statement, $225;
(3) (4) for filing certified copy of amendment to
certificate or articles of incorporation, $100;
(4) (5) for filing bylaws, $75 or amendments
thereto, $75;
(5) (6) 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 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. 4. Minnesota
Statutes 2004, section 60K.55, subdivision 2, is amended to read:
Subd. 2. [LICENSING
FEES.] (a) In addition to fees provided for examinations, each insurance
producer licensed under this chapter shall pay to the commissioner a fee of:
(1) $40 $50 for an initial life, accident and
health, property, or casualty license issued to an individual insurance
producer, and a fee of $40 $50 for each renewal;
(2) $75 $50 for an initial variable life and
variable annuity license issued to an individual insurance producer, and a fee
of $50 for each renewal;
(3) $80 $50 for an initial personal lines license
issued to an individual insurance producer, and a fee of $80 $50
for each renewal;
(4) $80 $50 for an initial limited lines license
issued to an individual insurance producer, and a fee of $80 $50
for each renewal;
(5) $200 for an initial license issued to a business entity,
and a fee of $150 $200 for each renewal; and
(6) $500 for an initial surplus lines license, and a fee of
$500 for each renewal.
(b) Initial licenses issued under this chapter are valid for a
period not to exceed 24 months and expire on October 31 of the renewal
year assigned by the commissioner. Each
renewal insurance producer license is valid for a period of 24 months. Licensees who submit renewal applications
postmarked or delivered on or before October 15 of the renewal year may
continue to transact business whether or not the renewal license has been
received by November 1. Licensees who
submit applications postmarked or delivered after October 15 of the renewal
year must not transact business after the expiration date of the license until
the renewal license has been received.
(c) All fees are nonreturnable, except that an overpayment of
any fee may be refunded upon proper application.
Sec. 5. Minnesota
Statutes 2004, section 72B.04, subdivision 10, is amended to read:
Subd. 10. [FEES.] A fee
of $80 $50 is imposed for each initial license or temporary
permit and $80 $50 for each renewal thereof or amendment
thereto. A fee of $20 is imposed for
the registration of each nonlicensed adjuster who is required to register under
section 72B.06. All fees shall be
transmitted to the commissioner and shall be payable to the Department of
Commerce.
Sec. 6. Minnesota
Statutes 2004, section 82B.09, subdivision 1, is amended to read:
Subdivision 1.
[AMOUNTS.] The following fees must be paid to the commissioner:
(1) $150 for each initial individual real estate
appraiser's license: $150 if the
license expires more than 12 months after issuance, $100 if the license expires
less than 12 months after issuance; and a fee of
(2) $100 for each renewal.
Sec. 7. Minnesota
Statutes 2004, section 115C.07, subdivision 3, is amended to read:
Subd. 3. [RULES.] (a)
The board shall adopt rules regarding its practices and procedures, the form
and procedure for applications for compensation from the fund, procedures for
investigation of claims and specifying the costs that are eligible for
reimbursement from the fund.
(b) The board may adopt rules requiring certification of
environmental consultants.
(c) The board may adopt other rules necessary to implement this
chapter.
(d) The board may use section 14.389 to adopt rules
specifying the competitive bidding requirements for consultant services
proposals.
(e) The board may use section 14.389 to adopt rules
specifying the written proposal and invoice requirements for consultant
services.
Sec. 8. Minnesota
Statutes 2004, section 115C.09, subdivision 3h, is amended to read:
Subd. 3h.
[REIMBURSEMENT; ABOVEGROUND TANKS IN BULK PLANTS.] (a) As used in this
subdivision, "bulk plant" means an aboveground or underground tank
facility with a storage capacity of more than 1,100 gallons but less than
1,000,000 gallons that is used to dispense petroleum into cargo tanks for
transportation and sale at another location.
(b) Notwithstanding any other provision in this chapter and any
rules adopted pursuant to this chapter, the board shall reimburse 90 percent of
an applicant's cost for bulk plant upgrades or closures completed between
June 1, 1998, and November 1, 2003, to comply with Minnesota Rules,
chapter 7151, provided that the board determines the costs were
incurred and reasonable. The
reimbursement may not exceed $10,000 per bulk plant. The board may provide reimbursement under this paragraph for
work completed after November 1, 2003, if the work was contracted for prior to
that date and was not completed by that date as a result of an unanticipated
situation, provided that an application for reimbursement under this paragraph,
which may be a renewal of an application previously denied, is submitted prior
to December 31, 2005.
(c) For corrective action at a bulk plant located on what is or
was railroad right-of-way, the board shall reimburse 90 percent of total
reimbursable costs on the first $40,000 of reimbursable costs and 100 percent
of any remaining reimbursable costs when the applicant can document that more
than one bulk plant was operated on the same section of right-of-way, as
determined by the commissioner of commerce.
Sec. 9. Minnesota
Statutes 2004, 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, 2007 2012.
Sec. 10. Minnesota
Statutes 2004, section 116C.779, subdivision 2, is amended to read:
Subd. 2. [RENEWABLE
ENERGY PRODUCTION INCENTIVE.] (a) Until January 1, 2018, up to $6,000,000
$10,900,000 annually must be allocated from available funds in the
account to fund renewable energy production incentives. $4,500,000 $9,400,000 of this
annual amount is for incentives for up to 100 200 megawatts of
electricity generated by wind energy conversion systems that are eligible for
the incentives under section 216C.41.
The balance of this amount, up to $1,500,000 annually, may be used for
production incentives for on-farm biogas recovery facilities that are eligible
for the incentive under section 216C.41 or for production incentives for other
renewables, to be provided in the same manner as under section 216C.41. Any portion of the $6,000,000 $10,900,000
not expended in any calendar year for the incentive is available for other
spending purposes under this section.
This subdivision does not create an obligation to contribute funds to
the account.
(b) The Department of Commerce shall determine eligibility of
projects under section 216C.41 for the purposes of this subdivision. At least quarterly, the Department of
Commerce shall notify the public utility of the name and address of each
eligible project owner and the amount due to each project under section
216C.41. The public utility shall make
payments within 15 working days after receipt of notification of payments due.
Sec. 11. Minnesota
Statutes 2004, section 116J.551, subdivision 1, is amended to read:
Subdivision 1. [GRANT
ACCOUNT.] A contaminated site cleanup and development grant account is created
in the general fund. Money in the
account may be used, as appropriated by law, to make grants as provided in
section 116J.554 and to pay for the commissioner's costs in reviewing
applications and making grants. Notwithstanding
section 16A.28, money appropriated to the account is available for four years.
Sec. 12. Minnesota
Statutes 2004, section 116J.571, is amended to read:
116J.571 [CREATION OF ACCOUNTS.]
Two greater Minnesota redevelopment accounts are
created, one in the general fund and one in the bond proceeds fund. Money in the accounts may be used to make
grants as provided in section 116J.575.
Money in the bond proceeds fund may only be used for eligible costs for
publicly owned property. Money in the
general fund may be used and to pay for the commissioner's costs in
reviewing the applications and making grants.
Sec. 13. Minnesota
Statutes 2004, section 116J.572, is amended to read:
116J.572 [DEFINITIONS.]
Subdivision 1. [SCOPE
OF APPLICATION.] For purposes of sections 116J.571 to 116J.575, the terms in
this section have the meanings given.
Subd. 2. [DEVELOPMENT
AUTHORITY.] "Development authority" includes a statutory or home rule
charter city, county, housing and redevelopment authority, economic development
authority, or port authority located outside.
Subd. 2a.
[METROPOLITAN AREA.] "Metropolitan area" means the
seven-county metropolitan area, as defined in section 473.121, subdivision 2.
Subd. 2b.
[MUNICIPALITY.] "Municipality" means the statutory or home
rule charter city, town, or, in the case of unorganized territory, county in
which the redevelopment is located.
Subd. 3. [ELIGIBLE
REDEVELOPMENT COSTS OR COSTS.] "Eligible Redevelopment
costs" or "costs" means the costs of land acquisition,
stabilizing unstable soils when infill is required, demolition,
infrastructure improvements, and ponding or other environmental
infrastructure; building construction, design and engineering; and costs
necessary for adaptive reuse of buildings, including remedial activities. Eligible costs do not include project
administration and legal fees.
Subd. 4.
[REDEVELOPMENT.] "Redevelopment" means recycling obsolete,
abandoned, or underutilized properties for new industrial, commercial, or
residential uses.
Sec. 14. Minnesota
Statutes 2004, section 116J.574, is amended to read:
116J.574 [GRANT APPLICATIONS.]
Subdivision 1.
[APPLICATION REQUIRED.] To obtain a redevelopment grant, a
development authority shall apply to the commissioner. The governing body of the municipality
must approve the application by resolution.
Subd. 2. [REQUIRED
CONTENT.] The commissioner shall prescribe and provide the application
form. The application must include at
least the following information:
(1) identification of the site;
(2) a redevelopment plan for the site;
(3) a detailed budget estimate, including
along with necessary supporting evidence, of the total redevelopment
costs for the site including the total eligible redevelopment costs;
(3) a complete (4) an assessment of the development
potential or likely use of the site after completion of the redevelopment
plan, including any specific commitments from third parties to construct
improvements on the site;
(4) a complete financing plan, including (5) the
manner in which the development authority uses innovative financial
partnerships between government, private for-profit, and nonprofit sectors municipality
will meet the local match requirement; and
(5) (6) any additional information or material that
the commissioner prescribes.
Sec. 15.
Minnesota Statutes 2004, section 116J.575, as amended by Laws 2005,
chapter 20, article 1, section 33, is amended to read:
116J.575 [GRANTS.]
Subdivision 1.
[COMMISSIONER DISCRETION.] The commissioner may make a grant for up to
50 percent of the eligible costs of a project.
The determination of whether to make a grant for a site is within the
discretion of the commissioner, subject to this section and sections 116J.571
to 116J.574 and available unencumbered money in the greater Minnesota
redevelopment account. Notwithstanding
section 116J.573, if the commissioner determines that the applications for
grants for projects in greater Minnesota are less than the amount of grant
funds available, the commissioner may make grants for projects anywhere in
Minnesota. The commissioner's decisions
and application of the priorities under this section are not subject to
judicial review, except for abuse of discretion.
Subd. 1a.
[PRIORITIES.] (a) If applications for grants exceed the available
appropriations, grants shall be made for sites that, in the commissioner's
judgment, provide the highest return in public benefits for the public costs
incurred. "Public benefits"
include job creation, environmental benefits to the state and region, efficient
use of public transportation, efficient use of existing infrastructure,
provision of affordable housing, multiuse development that constitutes
community rebuilding rather than single-use development, crime reduction,
blight reduction, community stabilization, and property tax base maintenance or
improvement. In making this judgment,
the commissioner shall give priority to redevelopment projects with one or more
of the following characteristics:
(1) the need for redevelopment in conjunction with
contamination remediation needs;
(2) the redevelopment project meets current tax increment
financing requirements for a redevelopment district and tax increments will
contribute to the project;
(3) the redevelopment potential within the municipality;
(4) proximity to public transit if located in the
metropolitan area; and
(5) multijurisdictional projects that take into account the
need for affordable housing, transportation, and environmental impact.
(b) The factors in paragraph (a) are not listed in a rank
order of priority; rather, the commissioner may weigh each factor, depending
upon the facts and circumstances, as the commissioner considers appropriate.
Subd. 2. [APPLICATION
CYCLES.] In making grants, the commissioner shall establish semiannual
application deadlines in which grants will be authorized from all or part of
the available money in the account.
Subd. 3. [MATCH
REQUIRED.] In order to qualify for a grant under sections 116J.571 to
116J.575, the municipality must pay for at least one-half of the redevelopment
costs as a local match from any money available to the municipality.
Sec. 16. Minnesota
Statutes 2004, section 116J.63, subdivision 2, is amended to read:
Subd. 2. [FEES.] (a)
Fees for reports, publications, or related publicity or promotional material
are not subject to the rulemaking requirements of chapter 14 and are not
subject to section 16A.1285. The fees
prescribed by the commissioner must be commensurate with the distribution
objective of the department for the material produced or with the cost of
furnishing the services. Except as
described in paragraph (b), all fees for materials and services must be
deposited in the general fund.
(b) The commissioner may sell marketing
materials at cost to economic development organizations and others in
quantities that would not otherwise be available through general fund
appropriations. Funds received must be
placed in a special revolving account and are appropriated to the commissioner
to pay for the production of the materials.
Sec. 17. Minnesota
Statutes 2004, 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 $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 A local community or
recognized Indian tribal government may retain 20 percent, but not more than
$100,000 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 a Minnesota investment revolving loan account in the state treasury. Funds in the account are appropriated to the
commissioner and must be used in the same manner as are funds appropriated to
the Minnesota investment fund. Funds
repaid to the state through existing Minnesota investment fund agreements must
be credited to the Minnesota investment revolving loan account effective July
1, 2003. 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. 18. Minnesota
Statutes 2004, section 116J.8747, subdivision 2, is amended to read:
Subd. 2. [QUALIFIED JOB
TRAINING PROGRAM.] To qualify for grants under this section, a job training
program must satisfy the following requirements:
(1) the program must be operated by a nonprofit corporation
that qualifies under section 501(c)(3) of the Internal Revenue Code;
(2) the program must spend at least $15,000 per graduate of the
program;
(3) the program must provide education and training in:
(i) basic skills, such as reading, writing, mathematics, and
communications;
(ii) thinking skills, such as reasoning, creative thinking,
decision making, and problem solving; and
(iii) personal qualities, such as responsibility, self-esteem,
self-management, honesty, and integrity;
(4) the program must provide income supplements, when needed,
to participants for housing, counseling, tuition, and other basic needs;
(5) the program's education and training course must last for an
average of at least six months;
(6) individuals served by the program must:
(i) be 18 years of age or older;
(ii) have federal adjusted gross income of no more than $11,000
per year in the two years calendar year immediately before
entering the program;
(iii) have assets of no more than $7,000,
excluding the value of a homestead; and
(iv) not have been claimed as a dependent on the federal tax
return of another person in the previous taxable year; and
(7) the program must be certified by the commissioner of
employment and economic development as meeting the requirements of this subdivision.
Sec. 19. Minnesota
Statutes 2004, section 116J.994, subdivision 7, is amended to read:
Subd. 7. [REPORTS BY
RECIPIENTS TO GRANTORS.] (a) A business subsidy grantor must monitor the
progress by the recipient in achieving agreement goals.
(b) A recipient must provide information regarding goals and
results for two years after the benefit date or until the goals are met,
whichever is later. If the goals are
not met, the recipient must continue to provide information on the subsidy
until the subsidy is repaid. The
information must be filed on forms developed by the commissioner in cooperation
with representatives of local government.
Copies of the completed forms must be sent to the local government
agency that provided the subsidy or to the commissioner if the grantor is a
state agency. If the Iron Range
Resources and Rehabilitation Board is the grantor, the copies must be sent to
the board. The report must include:
(1) the type, public purpose, and amount of subsidies and type
of district, if the subsidy is tax increment financing;
(2) the hourly wage of each job created with separate bands of
wages;
(3) the sum of the hourly wages and cost of health insurance
provided by the employer with separate bands of wages;
(4) the date the job and wage goals will be reached;
(5) a statement of goals identified in the subsidy agreement
and an update on achievement of those goals;
(6) the location of the recipient prior to receiving the
business subsidy;
(7) the number of employees who ceased to be employed by the
recipient when the recipient relocated to become eligible for the business
subsidy;
(8) why the recipient did not complete the project
outlined in the subsidy agreement at their previous location, if the recipient
was previously located at another site in Minnesota;
(8) (9) the name and address of the parent
corporation of the recipient, if any;
(9) (10) a list of all financial assistance by
all grantors for the project; and
(10) (11) other information the commissioner may
request.
A report must be filed no
later than March 1 of each year for the previous year. The local agency and the Iron Range
Resources and Rehabilitation Board must forward copies of the reports received
by recipients to the commissioner by April 1.
(c) Financial assistance that is excluded
from the definition of "business subsidy" by section 116J.993,
subdivision 3, clauses (4), (5), (8), and (16), is subject to the reporting
requirements of this subdivision, except that the report of the recipient must
include instead:
(1) the type, public purpose, and amount of the financial
assistance, and type of district if the assistance is tax increment financing;
(2) progress towards meeting goals stated in the assistance
agreement and the public purpose of the assistance;
(3) if the agreement includes job creation, the hourly wage of
each job created with separate bands of wages;
(4) if the agreement includes job creation, the sum of the
hourly wages and cost of health insurance provided by the employer with
separate bands of wages;
(5) the location of the recipient prior to receiving the
assistance; and
(6) other information the grantor requests.
(d) If the recipient does not submit its report, the local
government agency must mail the recipient a warning within one week of the
required filing date. If, after 14 days
of the postmarked date of the warning, the recipient fails to provide a report,
the recipient must pay to the grantor a penalty of $100 for each subsequent day
until the report is filed. The maximum
penalty shall not exceed $1,000.
Sec. 20. Minnesota
Statutes 2004, section 116J.994, subdivision 9, is amended to read:
Subd. 9. [COMPILATION
AND SUMMARY REPORT.] The Department of Employment and Economic Development must
publish a compilation and summary of the results of the reports for the
previous two calendar years by December 1 of 2004 and every other year
thereafter. The reports of the
government agencies to the department and the compilation and summary report of
the department must be made available to the public.
The commissioner must coordinate the production of reports so
that useful comparisons across time periods and across grantors can be
made. The commissioner may add other
information to the report as the commissioner deems necessary to evaluate
business subsidies. Among the
information in the summary and compilation report, the commissioner must
include:
(1) total amount of subsidies awarded in each development
region of the state;
(2) distribution of business subsidy amounts by size of the
business subsidy;
(3) distribution of business subsidy amounts by time category;
(4) distribution of subsidies by type and by public purpose;
(5) percent of all business subsidies that reached their goals;
(6) percent of business subsidies that did not reach their
goals by two years from the benefit date;
(7) total dollar amount of business subsidies that did not meet
their goals after two years from the benefit date;
(8) percent of subsidies that did not meet their goals and that
did not receive repayment;
(9) list of recipients that have failed to meet the terms of a
subsidy agreement in the past five years and have not satisfied their repayment
obligations;
(10) number of part-time and full-time jobs within separate
bands of wages for the entire state and for each development region of the
state; and
(11) benefits paid within separate bands of wages for the
entire state and for each development region of the state; and
(12) number of employees in the entire state and in each
development region of the state who ceased to be employed because their
employers relocated to become eligible for a business subsidy.
Sec. 21. Minnesota
Statutes 2004, section 116L.03, subdivision 2, is amended to read:
Subd. 2. [APPOINTMENT.]
The Minnesota Job Skills Partnership Board consists of: seven members appointed by the governor, the
chair of the governor's Workforce Development Council, the commissioner of
employment and economic development, the chancellor, or the chancellor's
designee, of the Minnesota State Colleges and Universities, the president, or
the president's designee, of the University of Minnesota, and two nonlegislator
members, one appointed by the Subcommittee on Committees of the senate
Committee on Rules and Administration and one appointed by the speaker of the
house. If the chancellor or the
president of the university makes a designation under this subdivision, the
designee must have experience in technical education. Four of the appointed members must be members of the governor's
Workforce Development Council, of whom two must represent organized labor and
two must represent business and industry.
One of the appointed members must be a representative of a nonprofit
organization that provides workforce development or job training services.
Sec. 22. Minnesota
Statutes 2004, section 116L.05, is amended by adding a subdivision to read:
Subd. 5. [USE OF
WORKFORCE DEVELOPMENT FUNDS.] After March 1 of any fiscal year, the board
may use workforce development funds for the purposes outlined in sections
116L.04, 116L.06, and 116L.10 to 116L.14, or to provide incumbent worker
training services under section 116L.18 if the following conditions have been
met:
(1) the board examines relevant economic indicators,
including the projected number of layoffs for the remainder of the fiscal year
and the next fiscal year, evidence of declining and expanding industries, the
number of initial applications for and the number of exhaustions of
unemployment benefits, job vacancy data, and any additional relevant
information brought to the board's attention;
(2) the board accounts for all allocations made in section
116L.17, subdivision 2;
(3) based on the past expenditures and projected revenue,
the board estimates future funding needs for services under section 116L.17 for
the remainder of the current fiscal year and the next fiscal year;
(4) the board determines there will be unspent funds after
meeting the needs of dislocated workers in the current fiscal year and there
will be sufficient revenue to meet the needs of dislocated workers in the next
fiscal year; and
(5) the board reports its findings in clauses (1) to (4) to
the chairs of legislative committees with jurisdiction over the workforce
development fund, to the commissioners of revenue and finance, and to the
public.
Sec. 23. Minnesota
Statutes 2004, section 116L.17, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITIONS.] (a) For the purposes of this section, the following terms
have the meanings given them in this subdivision.
(b) "Commissioner" means the commissioner of
employment and economic development.
(c) "Dislocated worker" means an individual who is a
resident of Minnesota at the time employment ceased or was working in the state
at the time employment ceased and:
(1) has been permanently separated or has received a notice of
permanent separation from public or private sector employment and is eligible
for or has exhausted entitlement to unemployment benefits, and is unlikely to
return to the previous industry or occupation;
(2) has been long-term unemployed and has limited opportunities
for employment or reemployment in the same or a similar occupation in the area
in which the individual resides, including older individuals who may have
substantial barriers to employment by reason of age;
(3) has been self-employed, including farmers and ranchers, and
is unemployed as a result of general economic conditions in the community in
which the individual resides or because of natural disasters; or
(4) is a displaced homemaker.
A "displaced homemaker" is an individual who has spent a
substantial number of years in the home providing homemaking service and (i)
has been dependent upon the financial support of another; and now due to
divorce, separation, death, or disability of that person, must find employment
to self support; or (ii) derived the substantial share of support from public
assistance on account of dependents in the home and no longer receives such
support cash assistance under chapter 256J.
To be eligible under this clause, the support must have ceased
while the worker resided in Minnesota.
(d) "Eligible organization" means a state or local
government unit, nonprofit organization, community action agency, business
organization or association, or labor organization.
(e) "Plant closing" means the announced or actual
permanent shutdown of a single site of employment, or one or more facilities or
operating units within a single site of employment.
(f) "Substantial layoff" means a permanent reduction
in the workforce, which is not a result of a plant closing, and which results
in an employment loss at a single site of employment during any 30-day period
for at least 50 employees excluding those employees that work less than 20
hours per week.
Sec. 24. [116L.18]
[SPECIAL INCUMBENT WORKER TRAINING GRANTS.]
Subdivision 1.
[PURPOSE.] The purpose of the special incumbent worker training
grants is to expand opportunities for businesses and workers to gain new skills
that are in demand in the Minnesota economy.
The board shall establish criteria for incumbent worker grants under
this section and may encourage creative training models, innovative
partnerships, and expansion or replication of promising practices.
Subd. 2.
[DEFINITIONS.] (a) For the purposes of this section, the following
terms have the meanings given them.
(b) "Incumbent worker" means an individual
employed by a qualifying employer.
(c) "Qualifying employer" means a for-profit
business or nonprofit organization in Minnesota with at least one full-time
paid employee. Public sector
organizations are not considered qualifying employers.
(d) "Eligible organization" has the meaning given
in section 116L.17.
Subd. 3. [AMOUNT
OF GRANTS.] A grant to an eligible organization may not exceed $400,000.
Subd. 4.
[MATCHING FUNDS.] The board shall require matching funds from
qualifying employers in the form of funding, equipment, or faculty.
Subd. 5. [USE OF
FUNDS.] Eligible organizations shall use funds granted under this section
for direct training services to provide a measurable increase in the
job-related skills of participating incumbent workers. Eligible organizations may also provide basic
assessment, counseling, and preemployment training services requested by the
qualifying employer. No funds may be
used for support services as described in section 116L.17, subdivision 4,
clause (2).
Subd. 6.
[PERFORMANCE OUTCOME MEASURES.] The board and the commissioner of
employment and economic development shall jointly develop performance outcome
measures and standards for this program.
The commissioner and board shall consult with eligible organizations in
establishing standards. Measures at a
minimum must include posttraining retention, promotion, and wage increase. The board and commissioner shall provide a
report to the legislature by March 1 of each year on the previous fiscal year's
program performance. Eligible
organizations must provide performance data in a timely manner for the
completion of this report.
Sec. 25. Minnesota
Statutes 2004, section 116L.20, subdivision 2, is amended to read:
Subd. 2. [DISBURSEMENT
OF SPECIAL ASSESSMENT FUNDS.] (a) The money collected under this section shall
be deposited in the state treasury and credited to the workforce development
fund to provide for employment and training programs. The workforce development fund is created as a special account in
the state treasury.
(b) All money in the fund not otherwise appropriated or
transferred is appropriated to the Job Skills Partnership Board for the
purposes of section 116L.17 and as provided for in paragraph (d). The board must act as the fiscal agent for
the money and must disburse that money for the purposes of section 116L.17, not
allowing the money to be used for any other obligation of the state. All money in the workforce development fund
shall be deposited, administered, and disbursed in the same manner and under
the same conditions and requirements as are provided by law for the other
special accounts in the state treasury, except that all interest or net income
resulting from the investment or deposit of money in the fund shall accrue to
the fund for the purposes of the fund.
(c) Reimbursement for costs related to collection of the
special assessment shall be in an amount negotiated between the commissioner
and the United States Department of Labor.
(d) If the board determines that the conditions of section
116L.05, subdivision 5, have been met, the board may use funds for the purposes
outlined in sections 116L.04, 116L.06, and 116L.10 to 116L.14, or to provide
incumbent worker training services under section 116L.18.
Sec. 26. Minnesota
Statutes 2004, section 183.41, is amended by adding a subdivision to read:
Subd. 4. [ANNUAL
PERMIT.] The commissioner shall issue an annual permit to a boat for the
purpose of carrying passengers for hire on the inland waters of the state
provided the boat satisfies the inspection requirements of this section. A boat subject to inspection under this
chapter shall be registered with the Division of Boiler Inspection and shall be
inspected before a permit may be issued.
Sec. 27. Minnesota
Statutes 2004, section 183.411, subdivision 2a, is amended to read:
Subd. 2a. [INSPECTION
FEES.] The commissioner may set fees fee for inspecting traction
engines, show boilers, and show engines shall be the hourly rate
pursuant to section 16A.1285 183.545, subdivision 3a.
Sec. 28. Minnesota
Statutes 2004, section 183.411, subdivision 3, is amended to read:
Subd. 3. [LICENSES.] A
license to operate steam farm traction engines, portable and stationary show
engines and portable and stationary show boilers shall be issued to an
applicant who:
(a) (1) is 18 years of age or older;
(b) (2) has a licensed second class or higher
class engineer or steam traction (hobby) engineer sign the affidavit attesting
to the applicant's competence in operating said devices;
(c) (3) passes a written test for competence in
operating said devices;
(d) (4) has at least 25 hours of actual operating
experience on said devices; and
(e) (5) pays the required fee.
A license shall be valid for the lifetime of the licensee. A onetime fee set by the commissioner
pursuant to section 16A.1285 183.545, subdivision 4, shall be
charged for the license.
Sec. 29. Minnesota
Statutes 2004, section 183.42, is amended to read:
183.42 [INSPECTION EACH YEAR AND REGISTRATION.]
Subdivision 1.
[INSPECTION.] Every owner, lessee, or other person having charge of
boilers, or pressure vessels, or any boat subject to
inspection under this chapter shall cause them to be inspected by the Division
of Boiler Inspection. Boilers and
boats subject to inspection under this chapter must be inspected at least
annually and pressure vessels inspected at least every two years except as
provided under section 183.45. A
person who fails to have the inspection required by this section shall pay to
the commissioner a penalty in the amount of the cost of inspection up to a
maximum of $1,000. The
commissioner shall assess a $250 penalty per applicable boiler or pressure
vessel for failure to have the inspection required by this section and may seal
the boiler or pressure vessel for refusal to allow an inspection as required by
this section.
Subd. 2.
[REGISTRATION.] Every owner, lessee, or other person having charge of
boilers or pressure vessels subject to inspection under this chapter shall
register said objects with the Division of Boiler Inspection. The registration shall be renewed annually
and is applicable to each object separately.
The fee for registration of a boiler or pressure vessel shall be pursuant
to section 183.545, subdivision 10. The
Division of Boiler Inspection may issue a billing statement for each boiler and
pressure vessel on record with the division, and may determine a monthly
schedule of billings to be followed for owners, lessees, or other persons
having charge of a boiler or pressure vessel subject to inspection under this
chapter.
Subd. 3.
[CERTIFICATE OF REGISTRATION.] The Division of Boiler Inspection
shall issue a certificate of registration that lists the boilers and pressure
vessels at the location, expiration date of the certificate of registration,
last inspection date of each boiler and pressure vessel, and maximum allowable
working pressure for each boiler and pressure vessel. The commissioner may make an electronic certificate of
registration available to be printed by the owner, lessee, or other person
having charge of the boiler or pressure vessel.
Sec. 30. Minnesota
Statutes 2004, section 183.44, subdivision 1, is amended to read:
Subdivision 1. [MASTERS
perform their duties as a
master AND PILOTS.] The Division of Boiler Inspection commissioner or
the commissioner's designee shall examine all masters and pilots of
boats and vessels carrying passengers for hire on the inland waters of the
state as to their qualifications and fitness.
If found trustworthy qualified and competent to or pilot of a boat carrying passengers for hire, they
shall be given issued a certificate license
authorizing them to act as such on the inland waters of the state. The license shall be renewed
annually. Fees for the original issue
and renewal of the license authorized under this section shall be pursuant to
section 183.545, subdivision 2.
Sec. 31. Minnesota
Statutes 2004, section 183.51, subdivision 2, is amended to read:
Subd. 2.
[APPLICATIONS.] Any person who desires an engineer's license shall make
submit a written application, on blanks furnished by the inspector. The person shall also successfully pass a
written examination for such grade of license applied for commissioner
or designee, at least 15 days before the requested exam date. The application is valid for one year from
the date the commissioner or designee received the application.
Sec. 32. Minnesota
Statutes 2004, section 183.51, is amended by adding a subdivision to read:
Subd. 2a.
[EXAMINATIONS.] Each applicant for a license must pass an examination
approved by the commissioner. The
examinations shall be of sufficient scope to establish the competency of the
applicant to operate a boiler of the applicable license class and grade.
Sec. 33. Minnesota
Statutes 2004, section 183.545, is amended to read:
183.545 [FEES FOR INSPECTION.]
Subdivision 1. [FEE
AMOUNT; VESSELS OPERATED ON INLAND WATERS.] The fees for the inspection
of the hull, boiler, machinery, and equipments of vessels are to be set by
the commissioner pursuant to section 16A.1285, for vessels of 50 tons burden or
over and vessels of less than 50 tons burden. operated on inland waters
and that carry passengers for hire are as follows:
(1) annual operating permit and safety inspections shall be
$200; and
(2) other inspections, including dry-dock inspections, boat
stability tests, and plan reviews, are billed at the hourly rate set in
subdivision 3a.
Subd. 2. [FEE AMOUNTS;
MASTERS AND PILOTS.] The commissioner shall, pursuant to section
16A.1285, set the license and application fee for an examination
of an applicant for a master's or pilot's license is $50, for
an or $20 if the applicant possesses a valid, unlimited, current United
States Coast Guard master's license.
The annual renewal of a master's or a pilot's license, and
for an is $20. The annual
renewal if paid later than ten 30 days after expiration is
$35. The fee for replacement of a
current, valid license is $20.
Subd. 3. [BOILER AND
PRESSURE VESSEL INSPECTION FEES.] The fees for the annual inspection of
boilers and biennial inspection of pressure vessels are to be set by the
commissioner pursuant to section 16A.1285, for as follows:
(a) (1) boiler inaccessible for internal
inspection, $55;
(b) (2) boiler accessible for internal inspection,
$55;
(c) (3) boiler internal inspection over 2,000
square feet heating surface shall be billed at the hourly rate set in
subdivision 3a;
(d) boiler internal inspection over 4,000 square feet
heating surface;
(e) boiler internal inspection over
10,000 square feet heating surface;
(f) (4) boiler accessible for internal inspection
requiring one-half day or more of inspection time shall be billed at the established
shop inspection fee hourly rate set in subdivision 3a;
(g) (5) pressure vessel for internal inspection
via manhole, $35; and
(h) (6) pressure vessel inaccessible for internal
inspection, $35.
An additional fee based on the scale of fees applicable to
an inspection shall be charged when it is necessary to make a special trip for
a hydrostatic test of a boiler or pressure vessel.
Subd. 3a.
[HOURLY RATE.] The commissioner shall, pursuant to section 16A.1285,
set shop inspection fees hourly rate for an inspection not set elsewhere
in this chapter is $80 per hour.
Inspection time includes all time related to the shop
inspection. Travel time, billed at
the hourly rate, and travel expenses shall be billed for shop inspections,
triennial audits, boat stability tests, hydrostatic tests of a boiler or
pressure vessel, or any other inspection or consultation requiring a special
trip.
Subd. 4. [APPLICANTS
BOILER ENGINEER LICENSE FEES.] The commissioner shall, pursuant to
section 16A.1285, set the fee for an examination of an applicant For the
following licenses, the nonrefundable license and application fee is:
(a) (1) chief engineer's license, $50;
(b) (2) first class engineer's license, $50;
(c) (3) second class engineer's license, $50;
(d) (4) special engineer's license, $20; and
(e) (5) traction or hobby boiler
engineer's license; and, $50.
(f) pilot's license.
If an applicant, after an examination, is entitled to
receive a license, it shall be issued without the payment of any additional
charge. Any license so issued expires
one year after the date of its issuance.
An engineer's license may be renewed upon application therefor
and the payment of an annual renewal fee as set by the commissioner
pursuant to section 16A.1285 of $20. The annual renewal, if paid later than 30 days after
expiration, is $35. The fee for
replacement of a current, valid license is $20.
Subd. 6. [NATIONAL
BOARD INSPECTORS.] The fee for an examination of an applicant for a National
Board of Boiler and Pressure Vessels Inspectors commission shall be set by
the commissioner pursuant to section 16A.1285 is $100.
Subd. 7. [NUCLEAR
ENDORSEMENT.] The fee for each examination of an applicant for a National Board
of Boiler and Pressure Vessels commissioned inspectors nuclear endorsement shall
be set by the commissioner pursuant to section 16A.1285 is $100.
Subd. 8. [CERTIFICATE
OF COMPETENCY.] The fee for issuance of the original state of Minnesota
certificate of competency for inspectors shall be set by the commissioner
pursuant to section 16A.1285 is $50. This fee is waived for inspectors who paid the examination
fee. The fee for an annual renewal of
the state of Minnesota certificate of competency shall be set by the
commissioner pursuant to section 16A.1285 is $35, and is due January
1 of each year. The fee for
replacement of a current, valid license is $35.
Subd. 9.
[DEPOSIT OF FEES.] Fees received under this section and section
183.57 must be deposited in the state treasury and credited to the general
fund.
Subd. 10.
[BOILER AND PRESSURE VESSEL REGISTRATION FEE.] The annual
registration fee for boilers and pressure vessels in use and required to be
inspected per section 183.42 shall be $10 per boiler and pressure vessel.
Sec. 34. Minnesota
Statutes 2004, section 183.57, is amended to read:
183.57 [REPORT OF INSURER; EXEMPTION FROM INSPECTION.]
Subdivision 1. [REPORT
REQUIRED.] Any insurance company insuring boilers and pressure vessels in this
state shall make a written file a report thereof showing
the date of inspection, the name of the person making the inspection, the
condition of the boiler or pressure vessel as disclosed by the inspection,
whether the same is boiler was operated by a properly licensed
engineer, and whether a policy of insurance has been issued by the
company with reference to the boiler or pressure vessel, and other
information as directed by the chief boiler inspector. Within 15 21 days after the
inspection, the insurance company shall mail a copy of file the
report to with the chief boiler inspector and or
designee. The insurer shall provide
a copy of the report to the person, firm, or corporation owning or operating
the inspected boiler or pressure vessel inspected. Such report shall be made annually for
boilers and biennially for pressure vessels.
Subd. 2. [EXEMPTION.]
Every boiler or pressure vessel as to which any insurance company authorized to
do business in this state has issued a policy of insurance, after the
inspection thereof, is exempt from inspection by the department made
under sections 183.375 to 183.62, while the same continues to be insured and
provided it continues to be inspected in accordance with the inspection
schedule set forth in sections 183.42 and 183.45, and the person, firm, or
corporation owning or operating the same has an unexpired certificate of exemption
from inspection, issued by the chief boiler inspector registration. The fee set by the commissioner pursuant
to section 16A.1285, on the first object inspected and on each object
thereafter shall apply to each exempt object.
A certificate of exemption expires one year from date of issue. The certificate of exemption shall be posted
in a conspicuous place near the boiler or pressure vessel or in the plant
office or boiler room described therein and to which it relates. Every insurance company shall give written
notice to the chief boiler inspector of the cancellation or expiration of every
policy of insurance issued by it with reference to policies in this state, and
the cause or reason for the cancellation or expiration. These notices of cancellation or expiration
shall show the date of the policy and the date when the cancellation has or
will become effective.
Subd. 4.
[CERTIFICATE OF EXEMPTION.] The Division of Boiler Inspection may issue
a billing and exemption certificate for each boiler and pressure vessel which
the division records indicate shall be or has been inspected by an insurance
company which is providing coverage for the boilers and pressure vessels. The division may determine the monthly
schedule of the billings to be followed for each business insured.
Subd. 5. [NOTICE
OF INSURANCE COVERAGE.] The insurer shall notify the commissioner or
designee in writing of its policy to insure and inspect boilers and pressure
vessels at a location within 30 days of the effective date of insurance
coverage, including binders. The
insurer must also provide a duplicate of the notification to the insured.
Subd. 6. [NOTICE
OF DISCONTINUED COVERAGE.] The insurer shall notify the commissioner or
designee in writing, within 30 days of the effective date, of the
discontinuation of insurance coverage of the boilers and pressure vessels at a
location and the cause or reason for the discontinuation. This notice shall show the effective date
when the discontinued policy takes effect.
Subd. 7. [PENALTIES.] The commissioner shall assess upon the insurer a
$50 penalty, per applicable boiler and pressure vessel, for failing to submit
an inspection report or notify the commissioner of insurance coverage or
discontinuation of insurance coverage as set forth in this section. The commissioner shall assess upon the
insurer a penalty of $100, per applicable boiler and pressure vessel, for
failing to conduct the required in-service inspection within 120 days after the
inspection was due in accordance with section 183.42.
Sec. 35. Minnesota
Statutes 2004, section 216C.41, subdivision 2, is amended to read:
Subd. 2. [INCENTIVE
PAYMENT; APPROPRIATION.] (a) Incentive payments must be made according to this
section to (1) a qualified on-farm biogas recovery facility, (2) the owner or
operator of a qualified hydropower facility or qualified wind energy conversion
facility for electric energy generated and sold by the facility, (3) a publicly
owned hydropower facility for electric energy that is generated by the facility
and used by the owner of the facility outside the facility, or (4) the owner of
a publicly owned dam that is in need of substantial repair, for electric energy
that is generated by a hydropower facility at the dam and the annual incentive payments
will be used to fund the structural repairs and replacement of structural
components of the dam, or to retire debt incurred to fund those repairs.
(b) Payment may only be made upon receipt by the commissioner
of finance commerce of an incentive payment application that
establishes that the applicant is eligible to receive an incentive payment and
that satisfies other requirements the commissioner deems necessary. The application must be in a form and submitted
at a time the commissioner establishes.
(c) There is annually appropriated from the general fund
renewable development account under section 116C.779 to the commissioner
of commerce sums sufficient to make the payments required under this section, other
than in addition to the amounts funded by the renewable development
account as specified in subdivision 5a.
Sec. 36. Minnesota
Statutes 2004, section 216C.41, subdivision 5, is amended to read:
Subd. 5. [AMOUNT OF
PAYMENT; WIND FACILITIES LIMIT.] (a) An incentive payment is based on the
number of kilowatt hours of electricity generated. The amount of the payment
is:
(1) for a facility described under subdivision 2, paragraph
(a), clause (4), 1.0 cent per kilowatt hour; and
(2) for all other facilities, 1.5 cents per kilowatt hour.
For electricity generated by
qualified wind energy conversion facilities, the incentive payment under this
section is limited to no more than 100 200 megawatts of nameplate
capacity.
(b) For wind energy conversion systems installed and contracted
for after January 1, 2002, the total size of a wind energy conversion system
under this section must be determined according to this paragraph. Unless the systems are interconnected with
different distribution systems, the nameplate capacity of one wind energy
conversion system must be combined with the nameplate capacity of any other
wind energy conversion system that is:
(1) located within five miles of the wind energy conversion
system;
(2) constructed within the same calendar year as the wind energy
conversion system; and
(3) under common ownership.
In
the case of a dispute, the commissioner of commerce shall determine the total
size of the system, and shall draw all reasonable inferences in favor of
combining the systems.
(c) In making a determination under paragraph (b), the
commissioner of commerce may determine that two wind energy conversion systems
are under common ownership when the underlying ownership structure contains
similar persons or entities, even if the ownership shares differ between the
two systems. Wind energy conversion
systems are not under common ownership solely because the same person or entity
provided equity financing for the systems.
Sec. 37. Minnesota
Statutes 2004, section 216C.41, subdivision 5a, is amended to read:
Subd. 5a. [RENEWABLE
DEVELOPMENT ACCOUNT.] The Department of Commerce shall authorize payment of the
renewable energy production incentive to wind energy conversion systems for 100
200 megawatts of nameplate capacity in addition to the capacity
authorized under subdivision 5 and to on-farm biogas recovery
facilities. Payment of the incentive
shall be made from the renewable energy development account as provided under
section 116C.779, subdivision 2.
Sec. 38. Minnesota
Statutes 2004, section 237.11, is amended to read:
237.11 [INSPECTING RECORDS AND PROPERTY; REPORTS REQUIRED.]
Every telephone company subject to the provisions of this
chapter, wherever organized, shall keep an office in this state, and make such
reports to the department as it shall from time to time require. All books, records, and files, whether they
relate to competitive or noncompetitive services, and all of its property shall
be at all times subject to inspection by the commission and the
department. It shall close its accounts
and take therefrom a balance sheet on December 31 of each year, and on or
before May 1 following, such balance sheet, together with such other
information as the department shall require, verified by an officer of the
telephone company, shall be filed with the commission and the department,
except that a local exchange carrier or a competitive local exchange carrier,
as defined in Minnesota Rules, chapter 7811, is only required to file an annual
report that includes the company's name, contact person, annual revenue, and
status of its 911 update plan.
In the event that any telephone company shall fail to file its
annual report, as provided by this section, the department is authorized to
make such an examination of the books, records, and vouchers of the company as
is necessary to procure the necessary data for the annual report and cause the
same to be prepared. The expense of
procuring this data and preparing this report shall be paid by the telephone
company failing to report, and the amount paid shall be credited by the
commissioner of finance to funds appropriated for the expense of the
department.
The department is authorized to force collection of such sum by
an action at law in the name of the department.
Sec. 39. Minnesota
Statutes 2004, section 237.295, subdivision 1, is amended to read:
Subdivision 1. [PAYMENT
FOR INVESTIGATION FILING FEE FOR NEW AUTHORITY.] (a) Whenever the
department or commission, in a proceeding upon its own motion, on complaint, or
upon an application to it, considers it necessary, in order to carry out the
duties imposed on it, to investigate the books, accounts, practices, and
activities of any company, parties to the proceeding shall pay the expenses
reasonably attributable to the proceeding. The department and commission shall ascertain the expenses, and
the department shall render a bill for those expenses to the parties, at the
conclusion of the proceeding. The
department is authorized to submit billings to parties at intervals selected by
the department during the course of a proceeding.
(b) The allocation of costs may be adjusted for cause by the
commission during the course of the proceeding, or upon the closing of the
docket and issuance of an order. In
addition to the rights granted in subdivision 3, parties to a proceeding may
object to the allocation at any time during the proceeding. Withdrawal by a party to a proceeding does
not absolve the party from paying allocated costs as determined by the
commission. The commission may decide
that a party should not pay any allocated costs of the proceeding.
(c) The bill constitutes notice of the assessment and a
demand for payment. The amount of the
bills assessed by the department under this subdivision must be paid by the
parties into the state treasury within 30 days from the date of
assessment. The total amount, in a
calendar year, for which a telephone company may become liable, by reason of
costs incurred by the department and commission within that calendar year, may
not exceed two-fifths of one percent of the gross jurisdictional operating
revenue of the telephone company in the last preceding calendar year. Direct charges may be assessed without
regard to this limitation until the gross jurisdictional operating revenue of
the telephone company for the preceding calendar year has been reported for the
first time. Where, under this
subdivision, costs are incurred within a calendar year that are in excess of
two-fifths of one percent of the gross jurisdictional operating revenues, the
excess costs are not chargeable as part of the remainder under subdivision 2.
(d) Except as otherwise provided in paragraph (e), for
purposes of assessing the cost of a proceeding to a party, "party"
means any entity or group subject to the laws and rules of this state, however
organized, whether public or private, whether domestic or foreign, whether for
profit or nonprofit, and whether natural, corporate, or political, such as a
business or commercial enterprise organized as any type or combination of
corporation, limited liability company, partnership, limited liability
partnership, proprietorship, association, cooperative, joint venture, carrier,
or utility, and any successor or assignee of any of them; a social or
charitable organization; and any type or combination of political subdivision,
which includes the executive, judicial, or legislative branch of the state, a
local government unit, an agency of the state or a local government unit, or a
combination of any of them.
(e) For assessment and billing purposes, "party"
does not include the Department of Commerce or the Residential Utilities
Division of the Office of Attorney General; any entity or group instituted
primarily for the purpose of mutual help and not conducted for profit; intervenors
awarded compensation under section 237.075, subdivision 10; or any individual
or group or counsel for the individual or group representing the interests of
end users or classes of end users of services provided by telephone companies
or telecommunications carriers, as determined by the commission. An application for a new authority must
be accompanied by a payment not to exceed $2,000 as determined by the Public
Utilities Commission. This fee will be
reviewed annually and adjusted accordingly.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 40. Minnesota
Statutes 2004, section 237.295, subdivision 2, is amended to read:
Subd. 2. [ASSESSMENT OF
COSTS.] The department and commission shall quarterly, at least 30 days before
the start of each quarter, estimate the total of their expenditures in the
performance of their duties relating to telephone companies, other than amounts
chargeable to telephone companies under subdivision 1, 5, or 6. The remainder must be assessed by the
department to the telephone companies operating in this state in proportion to
their respective gross jurisdictional operating revenues during the last
calendar year. The assessment must be
paid into the state treasury within 30 days after the bill has been mailed to
the telephone companies. The bill
constitutes notice of the assessment and demand of payment. The total amount that may be assessed to the
telephone companies under this subdivision may not exceed one-eighth three-eighths
of one percent of the total gross jurisdictional operating revenues during the
calendar year. The assessment for the
third quarter of each fiscal year must be adjusted to compensate for the amount
by which actual expenditures by the commission and department for the preceding
fiscal year were more or less than the estimated expenditures previously
assessed. A telephone company with
gross jurisdictional operating revenues of less than $5,000 is exempt from
assessments under this subdivision.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 41. [237.491]
[COMBINED PER NUMBER FEE.]
Subdivision 1.
[DEFINITIONS.] (a) The definitions in this subdivision apply to this
section.
(b) "911 emergency and public safety communications
program" means the program governed by chapter 403.
(c) "Minnesota telephone number" means a ten-digit
telephone number being used to connect to the public switched telephone network
and starting with area code 218, 320, 507, 612, 651, 763, or 952, or any
subsequent area code assigned to this state.
(d) "Service provider" means a provider doing
business in this state who provides real time, two-way voice service with a
Minnesota telephone number.
(e) "Telecommunications access Minnesota program"
means the program governed by sections 237.50 to 237.55.
(f) "Telephone assistance program" means the
program governed by sections 237.69 to 237.711.
Subd. 2. [PER
NUMBER FEE.] (a) By January 15, 2006, the commissioner of commerce shall report
to the legislature and to the senate Committee on Jobs, Energy, and Community
Development and the house Committee on Regulated Industries, recommendations
for the amount of and method for assessing a fee that would apply to each
service provider based upon the number of Minnesota telephone numbers in use by
current customers of the service provider.
The fee would be set at a level calculated to generate only the amount
of revenue necessary to fund:
(1) the telephone assistance program and the telecommunications
access Minnesota program at the levels established by the commission under
sections 237.52, subdivision 2, and 237.70; and
(2) the 911 emergency and public safety communications
program at the levels appropriated by law to the commissioner of public safety
and the commissioner of finance for purposes of sections 403.11, 403.113,
403.27, 403.30, and 403.31 for each fiscal year.
(b) The recommendations must include any changes to
Minnesota Statutes necessary to establish the procedures whereby each service
provider, to the extent allowed under federal law, would collect and remit the
fee proceeds to the commissioner of revenue.
The commissioner of revenue would allocate the fee proceeds to the three
funding areas in paragraph (a) and credit the allocations to the appropriate
accounts.
(c) The recommendations must be designed to allow the
combined per telephone number fee to be collected beginning July 1, 2006. The per access line fee used to collect
revenues to support the TAP, TAM, and 911 programs remains in effect until the
statutory changes necessary to implement the per telephone number fee have been
enacted into law.
(d) As part of the process of developing the recommendations
and preparing the report to the legislature required under paragraph (a), the
commissioner of commerce must, at a minimum, consult regularly with the
Departments of Public Safety, Finance, and Administration, the Public Utilities
Commission, service providers, the chairs and ranking minority members of the
senate and house committees, subcommittees, and divisions having jurisdiction
over telecommunications and public safety, and other affected parties.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 42. Minnesota Statutes
2004, section 239.011, subdivision 2, is amended to read:
Subd. 2. [DUTIES AND
POWERS.] To carry out the responsibilities in section 239.01 and subdivision 1,
the director:
(1) shall take charge of, keep, and maintain in good order the
standard of weights and measures of the state and keep a seal so formed as to
impress, when appropriate, the letters "MINN" and the date of sealing
upon the weights and measures that are sealed;
(2) has general supervision of the weights, measures, and weighing
and measuring devices offered for sale, sold, or in use in the state;
(3) shall maintain traceability of the state standards to the
national standards of the National Institute of Standards and Technology;
(4) shall enforce this chapter;
(5) shall grant variances from department rules, within the
limits set by rule, when appropriate to maintain good commercial practices or
when enforcement of the rules would cause undue hardship;
(6) shall conduct investigations to ensure compliance with this
chapter;
(7) may delegate to division personnel the responsibilities,
duties, and powers contained in this section;
(8) shall test annually, and approve when found to be correct,
the standards of weights and measures used by the division, by a town,
statutory or home rule charter city, or county within the state, or by a person
using standards to repair, adjust, or calibrate commercial weights and
measures;
(9) shall inspect and test weights and measures kept, offered,
or exposed for sale;
(10) shall inspect and test, to ascertain if they are correct,
weights and measures commercially used to:
(i) determine the weight, measure, or count of commodities or
things sold, offered, or exposed for sale, on the basis of weight, measure, or
count; and
(ii) compute the basic charge or payment for services rendered
on the basis of weight, measure, or count;
(11) shall approve for use and mark weights and measures that
are found to be correct;
(12) shall reject, and mark as rejected, weights and measures
that are found to be incorrect and may seize them if those weights and
measures:
(i) are not corrected within the time specified by the
director;
(ii) are used or disposed of in a manner not specifically
authorized by the director; or
(iii) are found to be both incorrect and not capable of being
made correct, in which case the director shall condemn those weights and
measures;
(13) shall weigh, measure, or inspect packaged commodities
kept, offered, or exposed for sale, sold, or in the process of delivery, to
determine whether they contain the amount represented and whether they are
kept, offered, or exposed for sale in accordance with this chapter and
department rules. In carrying out this
section, the director must employ recognized sampling procedures, such as those
contained in National Institute of Standards and Technology Handbook 133,
"Checking the Net Contents of Packaged Goods";
(14) shall prescribe the appropriate term or unit of weight or
measure to be used for a specific commodity when an existing term or
declaration of quantity does not facilitate value comparisons by consumers, or
creates an opportunity for consumer confusion;
(15) shall allow reasonable variations from the stated quantity
of contents, including variations caused by loss or gain of moisture during the
course of good distribution practice or by unavoidable deviations in good
manufacturing practice, only after the commodity has entered commerce within
the state;
(16) shall inspect and test petroleum products in accordance
with this chapter and chapter 296A;
(17) shall distribute and post notices for used motor oil and
used motor oil filters and lead acid battery recycling in accordance with
sections 239.54, 325E.11, and 325E.115;
(18) shall collect inspection fees in accordance with sections
239.10 and 239.101; and
(19) shall provide metrological services and support to
businesses and individuals in the United States who wish to market products and
services in the member nations of the European Economic Community, and other
nations outside of the United States by:
(i) meeting, to the extent practicable, the measurement quality
assurance standards described in the International Standards Organization ISO 9000,
Guide 25 17025;
(ii) maintaining, to the extent practicable, certification of
the metrology laboratory by a governing body appointed by the European
Economic Community an internationally accepted accrediting body such as
the National Voluntary Laboratory Accreditation Program (NVLAP); and
(iii) providing calibration and consultation services to
metrology laboratories in government and private industry in the United States.
Sec. 43. Minnesota
Statutes 2004, section 239.05, is amended by adding a subdivision to read:
Subd. 3a. [AUTOMOTIVE
FUEL.] For the purpose of enforcing the gasoline octane requirements in
section 239.792, "automotive fuel" has the meaning given it in Code
of Federal Regulations, title 16, section 306.0.
Sec. 44. Minnesota
Statutes 2004, section 239.05, subdivision 10b, is amended to read:
Subd. 10b. [OXYGENATE
ETHANOL BLENDER.] "Oxygenate Ethanol blender"
means a person who has registered with the division to blend and distribute,
transport, sell, or offer blends and distributes, transports, sells, or offers
to sell gasoline containing a minimum of 2.0 percent, and an average of 2.7
ten percent oxygen ethanol by weight volume.
Sec. 45. Minnesota
Statutes 2004, section 239.09, is amended to read:
239.09 [SPECIAL POLICE POWERS.]
When necessary to enforce this chapter or rules adopted under
the authority granted by section 239.06, the director is:
(1) authorized and empowered to arrest, without formal warrant,
any violator of sections 325E.11 and 325E.115 or of the statute in relation to
weights and measures;
(2) empowered to seize for use as evidence and without formal
warrant, any false weight, measure, weighing or measuring device, package, or
commodity found to be used, retained, or offered or exposed for sale or sold in
violation of law;
(3) during normal business hours, authorized to enter
commercial premises;
(4) if the premises are not open to the public, authorized to
enter commercial premises only after presenting credentials and obtaining
consent or after obtaining a search warrant;
(5) empowered to issue stop-use, hold, and removal orders with
respect to weights and measures commercially used, and packaged commodities or
bulk commodities kept, offered, or exposed for sale, that do not comply with
the weights and measures laws; and
(6) empowered, upon reasonable suspicion of a violation of the
weights and measures laws, to stop a commercial vehicle and, after presentation
of credentials, inspect the contents of the vehicle, require that the person in
charge of the vehicle produce documents concerning the contents, and require
the person to proceed with the vehicle to some specified place for inspection;
and
(7) empowered, after written warning, to issue citations of
not less than $100 and not more than $500 to a person who violates any
provision of this chapter, any provision of the rules adopted under the
authority contained in this chapter, or any provision of statutes enforced by
the Division of Weights and Measures.
Sec. 46. Minnesota
Statutes 2004, 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 $1 for every
1,000 gallons received. The commissioner
of revenue shall collect the fee. The
revenue from 81 cents of the fee must first be applied to cover the
amounts appropriated. Fifteen cents of
the inspection fee must be deposited in an account in the special revenue fund
and is appropriated to the commissioner of commerce for the cost of petroleum
product quality inspection expenses and for the inspection and testing of
petroleum product-measuring equipment operations of the Division of
Weights and Measures, petroleum supply monitoring, and the oil burner retrofit
program. The remainder of the fee
must be deposited in the general fund.
(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. 47.
Minnesota Statutes 2004, section 239.75, subdivision 1, is amended to
read:
Subdivision 1.
[INSPECTION TO BE MADE.] The director shall:
(1) take samples, free of charge, of petroleum products
wherever processed, blended, held, stored, imported, transferred, offered for
sale or use, or sold in Minnesota, limiting each sample to:
(i) two-tenths of one one-half gallon, except
when an octane test is planned; or
(ii) seven-tenths of one gallon for an octane test;
(2) inspect and test petroleum product samples according to the
methods of ASTM or other valid test methods adopted by rule, to determine
whether the products comply with the specifications in section 239.761;
(3) inspect petroleum product storage tanks to ensure that the
products are free from water and impurities;
(4) inspect and test samples submitted to the department by a
licensed distributor, making the test results available to the distributor;
(5) inspect the labeling, price posting, and price advertising
of petroleum product dispensers and advertising signs at businesses or
locations where petroleum products are sold, offered for sale or use, or
dispensed into motor vehicles;
(6) maintain records of all inspections and tests according to
the records retention policies of the Department of Administration;
(7) delegate to division personnel, at the director's
discretion, any or all of the responsibilities, duties, and powers in sections
239.75 to 239.80;
(8) publish octane test data and information to assist
persons who use, produce and, distribute, or sell gasoline
and gasoline-oxygenate blends petroleum-based heating and engine fuels;
(9) register gasoline-oxygenate blenders according to the
requirements of the EPA;
(10) audit the records of any person responsible for the
product to determine compliance with sections 239.75 to 239.792;
(11) (10) after consulting with the commissioner of
the Pollution Control Agency, grant a temporary exemption from the oxygenated
gasoline gasoline-ethanol blending requirements in section 239.791
if the supply of oxygenate ethanol is insufficient to produce gasoline-oxygenate
gasoline-ethanol blends during an EPA-designated carbon monoxide
control period; and
(12) (11) adopt, as an enforcement policy for the
division, reasonable margins of uncertainty for the tests used to determine
compliance with the specifications in section 239.761, the oxygen percentages
in section 239.791, and the octane requirements in section 239.792 and apply
the margins of uncertainty to only tests performed by the division, not by
adding the margins to uncertainties in tests performed by any person
responsible for the product.
Sec. 48.
Minnesota Statutes 2004, section 239.75, subdivision 5, is amended to
read:
Subd. 5. [PRODUCT
QUALITY, RESPONSIBILITY.] After a gasoline product petroleum-based
engine fuel is purchased, transferred, or otherwise removed from a refinery
or terminal, the person responsible for the product shall:
(1) keep the product free from contamination with water and
impurities;
(2) not blend the product with dissimilar petroleum products,
for example, gasoline must not be blended with diesel fuel;
(3) not blend the product with any contaminant, dye, chemical,
or additive, except:
(i) agriculturally derived, denatured ethanol that complies
with the specifications in this chapter;
(ii) an antiknock additive, or an additive designed to replace
tetra-ethyl lead, that is registered by the EPA; or
(iii) a dye to distinguish heating fuel from low sulfur diesel
fuel; or
(iv) biodiesel fuel that complies with the specifications in
this chapter; and
(4) maintain a record of the name or chemical composition of
the additive, with the product shipping manifest or bill of lading for one year
after the date of the manifest or bill.
Sec. 49. Minnesota
Statutes 2004, section 239.761, is amended to read:
239.761 [PETROLEUM PRODUCT SPECIFICATIONS.]
Subdivision 1.
[APPLICABILITY.] A person responsible for the product must meet the
specifications in this section. The
specifications apply to petroleum products processed, held, stored, imported,
transferred, distributed, offered for distribution, offered for sale or use, or
sold in Minnesota.
Subd. 2. [COORDINATION
WITH DEPARTMENTS OF REVENUE AND AGRICULTURE.] The petroleum product
specifications in this section are intended to match the definitions and
specifications in sections 41A.09 and 296A.01.
Petroleum products named in this section are defined in section 296A.01.
Subd. 3. [GASOLINE.]
(a) Gasoline that is not blended with ethanol must not be contaminated with
water or other impurities and must comply with ASTM specification D4814-01
D4814-04a. Gasoline that is not
blended with ethanol must also comply with the volatility requirements in Code
of Federal Regulations, title 40, part 80.
(b) After gasoline is sold, transferred, or otherwise removed
from a refinery or terminal, a person responsible for the product:
(1) may blend the gasoline with agriculturally derived ethanol
as provided in subdivision 4;
(2) shall not blend the gasoline with any oxygenate other than
denatured, agriculturally derived ethanol;
(3) shall not blend the gasoline with other petroleum products
that are not gasoline or denatured, agriculturally derived ethanol;
(4) shall not blend the gasoline with
products commonly and commercially known as casinghead gasoline, absorption
gasoline, condensation gasoline, drip gasoline, or natural gasoline; and
(5) may blend the gasoline with a detergent additive, an
antiknock additive, or an additive designed to replace tetra-ethyl lead, that
is registered by the EPA.
Subd. 4. [GASOLINE
BLENDED WITH ETHANOL.] (a) Gasoline may be blended with up to ten percent, by
volume, agriculturally derived, denatured ethanol that complies with the
requirements of subdivision 5.
(b) A gasoline-ethanol blend must:
(1) comply with the volatility requirements in Code of Federal
Regulations, title 40, part 80;
(2) comply with ASTM specification D4814-01 D4814-04a,
or the gasoline base stock from which a gasoline-ethanol blend was produced
must comply with ASTM specification D4814-01 D4814-04a; and
(3) not be blended with casinghead gasoline, absorption
gasoline, condensation gasoline, drip gasoline, or natural gasoline after the
gasoline-ethanol blend has been sold, transferred, or otherwise removed from a
refinery or terminal.
Subd. 5. [DENATURED
ETHANOL.] Denatured ethanol that is to be blended with gasoline must be agriculturally derived and must comply with ASTM
specification D4806-01 D4806-04a. This includes the requirement that ethanol may be denatured only
as specified in Code of Federal Regulations, title 27, parts 20 and 21.
Subd. 6. [GASOLINE
BLENDED WITH NONETHANOL OXYGENATE.] (a) A person responsible for the product
shall comply with the following requirements:
(1) after July 1, 2000, gasoline containing in excess of
one-third of one percent, in total, of nonethanol oxygenates listed in
paragraph (b) must not be sold or offered for sale at any time in this state;
and
(2) after July 1, 2005, gasoline containing any of the
nonethanol oxygenates listed in paragraph (b) must not be sold or offered for
sale in this state.
(b) The oxygenates prohibited under paragraph (a) are:
(1) methyl tertiary butyl ether, as defined in section 296A.01,
subdivision 34;
(2) ethyl tertiary butyl ether, as defined in section 296A.01,
subdivision 18; or
(3) tertiary amyl methyl ether.
(c) Gasoline that is blended with a nonethanol oxygenate must
comply with ASTM specification D4814-01 D4814-04a. Nonethanol oxygenates must not be blended
into gasoline after the gasoline has been sold, transferred, or otherwise
removed from a refinery or terminal.
Subd. 7. [HEATING FUEL
OIL.] Heating fuel oil must comply with ASTM specification D396-01 D396-02a.
Subd. 8. [DIESEL FUEL
OIL.] Diesel fuel oil must comply with ASTM specification D975-01a D975-04b,
except that diesel fuel oil is not required to meet the diesel lubricity
standard until the date that the biodiesel fuel requirement in section 239.77,
subdivision 2, becomes effective or December 31, 2005, whichever comes first.
Subd. 9.
[KEROSENE.] Kerosene must comply with ASTM specification D3699-01
D3699-03.
Subd. 10. [AVIATION
GASOLINE.] Aviation gasoline must comply with ASTM specification D910-00
D910‑04.
Subd. 11. [AVIATION
TURBINE FUEL, JET FUEL.] Aviation turbine fuel and jet fuel must comply with
ASTM specification D1655-01 D1655-04.
Subd. 12. [GAS TURBINE
FUEL OIL.] Fuel oil for use in nonaviation gas turbine engines must comply with
ASTM specification D2880-00 D2880-03.
Subd. 13. [E85.] A
blend of ethanol and gasoline, containing at least 60 percent ethanol and not
more than 85 percent ethanol, produced for use as a motor fuel in alternative
fuel vehicles as defined in section 296A.01, subdivision 5, must comply with
ASTM specification D5798-99 (2004).
Subd. 14. [M85.] A
blend of methanol and gasoline, containing at least 85 percent methanol,
produced for use as a motor fuel in alternative fuel vehicles as defined in
section 296A.01, subdivision 5, must comply with ASTM specification D5797-96.
Sec. 50. Minnesota
Statutes 2004, section 239.77, is amended by adding a subdivision to read:
Subd. 4.
[DISCLOSURE.] A refinery or terminal shall provide, at the time
diesel fuel is sold or transferred from the refinery or terminal, a bill of
lading or shipping manifest to the person who receives the fuel. For biodiesel-blended products, the bill of
lading or shipping manifest must disclose biodiesel content, stating volume
percentage, gallons of biodiesel per gallons of petroleum diesel base-stock, or
an ASTM "Bxx" designation where "xx" denotes the volume
percent biodiesel included in the blended product. This subdivision does not apply to sales or transfers of
biodiesel blend stock between refineries, between terminals, or between a refinery
and a terminal.
Sec. 51. Minnesota Statutes
2004, section 239.79, subdivision 4, is amended to read:
Subd. 4. [SALE OF
CERTAIN PETROLEUM PRODUCTS ON GROSS VOLUME BASIS.] A person responsible for the
products listed in this subdivision shall transfer, ship, distribute, offer for
distribution, sell, or offer to sell the products by volume. Volumetric measurement of the product must
not be temperature compensated, or adjusted by any other factor. This subdivision applies to gasoline, number
one and number two diesel fuel oils, number one and number two heating fuel
oils, kerosene, denatured ethanol that is to be blended into gasoline, and
an oxygenate that is to be blended into gasoline, and biodiesel. This subdivision does not apply to the
measurement of petroleum products transferred, sold, or traded between
refineries, between refineries and terminals, or between terminals.
Sec. 52. Minnesota
Statutes 2004, section 239.791, subdivision 1, is amended to read:
Subdivision 1. [MINIMUM
ETHANOL CONTENT REQUIRED.] (a) Except as provided in subdivisions 10 to 14, a
person responsible for the product shall ensure that all gasoline sold or
offered for sale in Minnesota must contain at least 10.0 percent denatured
ethanol by volume.
(b) For purposes of enforcing the minimum ethanol requirement
of paragraph (a), a gasoline/ethanol blend will be construed to be in
compliance if the ethanol content, exclusive of denaturants and permitted
contaminants, comprises not less than 9.2 percent by volume and not more than
10.0 percent by volume of the blend as determined by an appropriate United
States Environmental Protection Agency or American Society of Testing Materials
standard method of analysis of alcohol/ether content in motor engine
fuels.
Sec. 53. Minnesota
Statutes 2004, section 239.791, subdivision 7, is amended to read:
Subd. 7. [OXYGENATE
ETHANOL RECORDS; STATE AUDIT.] The director shall audit the records of
registered oxygenate ethanol blenders to ensure that each blender
has met all requirements in this chapter.
Specific information or data relating to sales figures or to processes
or methods of production unique to the blender or that would tend to adversely
affect the competitive position of the blender must be only for the
confidential use of the director, unless otherwise specifically authorized by
the registered blender.
Sec. 54. Minnesota
Statutes 2004, section 239.791, subdivision 8, is amended to read:
Subd. 8. [DISCLOSURE.]
A refinery or terminal, shall provide, at the time gasoline is sold or
transferred from the refinery or terminal, a bill of lading or shipping
manifest to the person who receives the gasoline. For oxygenated gasoline, the bill of lading or shipping manifest
must include the identity and the volume percentage or gallons of oxygenate
included in the gasoline, and it must state:
"This fuel contains an oxygenate.
Do not blend this fuel with ethanol or with any other
oxygenate." For nonoxygenated
gasoline sold or transferred before October 1, 1997, the bill or manifest must
state: "This fuel must not be sold
at retail in a carbon monoxide control area." For nonoxygenated gasoline sold or
transferred after September 30, 1997, the bill or manifest must state: "This fuel is not oxygenated. It must not be sold at retail in
Minnesota." This subdivision does
not apply to sales or transfers of gasoline between refineries, between
terminals, or between a refinery and a terminal.
Sec. 55. Minnesota
Statutes 2004, section 239.791, subdivision 15, is amended to read:
Subd. 15. [EXEMPTION
FOR CERTAIN BLEND PUMPS.] (a) A person responsible for the product, who
offers for sale, sells, or dispenses nonoxygenated premium gasoline under one
or more of the exemptions in subdivisions 10 to 14, may sell, offer for sale,
or dispense oxygenated gasoline that contains less than the minimum amount of
ethanol required under subdivision 1 if all of the following conditions are
met:
(1) the blended gasoline has an octane rating of 88 or greater;
(2) the gasoline is a blend of oxygenated gasoline meeting the
requirements of subdivision 1 with nonoxygenated premium gasoline;
(3) the blended gasoline contains not more than ten percent
nonoxygenated premium gasoline;
(4) the blending of oxygenated gasoline with nonoxygenated
gasoline occurs within the gasoline dispenser; and
(5) the gasoline station at which the gasoline is sold, offered
for sale, or delivered is equipped to store gasoline in not more than two
storage tanks.
(b) This subdivision applies only to those persons who
meet the conditions in paragraph (a), clauses (1) through (5), on
the effective date of this act August 1, 2004, and have
registered with the director within three months of the effective that
date of this act.
Sec. 56. Minnesota
Statutes 2004, section 239.792, is amended to read:
239.792 [GASOLINE OCTANE AUTOMOTIVE FUEL RATINGS,
CERTIFICATION, AND POSTING.]
Subdivision 1. [ the gasoline delivered. The stated octane number must be the average
of the "motor method" octane number and the "research
method" octane number as determined by the test methods in ASTM specification
D4814-01, or by a test method adopted by department rule producer of
automotive fuel must comply with the automotive fuel rating, certification, and
record-keeping requirements of Code of Federal Regulations, title 16, sections
306.5 to 306.7. DISCLOSURE
DUTIES OF REFINERS, IMPORTERS, AND PRODUCERS.] A manufacturer,
hauler, blender, agent, jobber, consignment agent refiner, importer,
or distributor who sells, delivers, or distributes gasoline or
gasoline-oxygenate blends, shall provide, at the time of delivery, a bill of
lading or shipping manifest to the person who receives the gasoline. The bill or manifest must state the minimum
octane of
Subd. 2. [DISPENSER
LABELING DUTIES OF DISTRIBUTORS.] A person responsible for the
product shall clearly, conspicuously, and permanently label each gasoline
dispenser that is used to sell gasoline or gasoline-oxygenate blends at retail
or to dispense gasoline or gasoline-oxygenate blends into the fuel supply tanks
of motor vehicles, with the minimum octane of the gasoline dispensed. The label must meet the following
requirements:
(a) The octane number displayed on the label must represent
the average of the "motor method" octane number and the
"research method" octane number as determined by the test methods in
ASTM specification D4814-01, or by a test method adopted by department rule.
(b) The label must be at least 2-1/2 inches high and three
inches wide, with a yellow background, black border, and black figures and
letters.
(c) The number representing the octane of the gasoline must
be at least one inch high.
(d) The label must include the words "minimum
octane" and the term "(R+M)/2" or "(RON+MON)/2." A
licensed distributor of automotive fuel must comply with the certification and
record-keeping provisions of Code of Federal Regulations, title 16, sections
306.8 and 306.9.
Subd. 3. [DUTIES
OF RETAILERS.] A person responsible for the product who sells or transfers
automotive fuel to a consumer must comply with the automotive fuel rating
posting and record-keeping requirements, and the label specifications of Code
of Federal Regulations, title 16, sections 306.10 to 306.12.
Subd. 4. [DUTIES
OF DIRECTOR.] Upon request, the director shall provide any person with a
copy of Code of Federal Regulations, title 16, part 306. Upon request, the director shall provide any
distributor, retailer, or organization of distributors or retailers with the
label specifications in Code of Federal Regulations, title 16, section 306.12.
Sec. 57. Minnesota
Statutes 2004, section 268.19, subdivision 1, is amended to read:
Subdivision 1. [USE OF
DATA.] (a) Except as otherwise provided by this section, data gathered from any
person pursuant to the administration of the Minnesota Unemployment Insurance
Law are private data on individuals or nonpublic data not on individuals as
defined in section 13.02, subdivisions 9 and 12, and may not be disclosed
except pursuant to a court order or section 13.05. A subpoena shall not be considered a court order. These data may be disseminated to and used
by the following agencies without the consent of the subject of the data:
(1) state and federal agencies specifically authorized access
to the data by state or federal law;
(2) any agency of any other state or any federal agency charged
with the administration of an unemployment insurance program;
(3) any agency responsible for the maintenance of a system of
public employment offices for the purpose of assisting individuals in obtaining
employment;
(4) human rights agencies within Minnesota that have
enforcement powers;
(5) the Department of Revenue only to the extent necessary for
its duties under Minnesota laws;
(6) public and private agencies responsible for administering
publicly financed assistance programs for the purpose of monitoring the
eligibility of the program's recipients;
(7) the Department of Labor and Industry and the Division of
Insurance Fraud Prevention in the Department of Commerce on an interchangeable
basis with the department for uses consistent with the administration of their
duties under Minnesota law;
(8) local and state welfare agencies for monitoring the
eligibility of the data subject for assistance programs, or for any employment
or training program administered by those agencies, whether alone, in
combination with another welfare agency, or in conjunction with the department
or to monitor and evaluate the statewide Minnesota family investment program by
providing data on recipients and former recipients of food stamps or food
support, cash assistance under chapter 256, 256D, 256J, or 256K, child care
assistance under chapter 119B, or medical programs under chapter 256B, 256D, or
256L;
(9) local and state welfare agencies for the purpose of
identifying employment, wages, and other information to assist in the
collection of an overpayment debt in an assistance program;
(10) local, state, and federal law enforcement agencies
for the sole purpose of ascertaining the last known address and employment
location of a person who is the subject of a criminal investigation;
(10) (11) the federal Immigration and
Naturalization Service shall have access to data on specific individuals and
specific employers provided the specific individual or specific employer is the
subject of an investigation by that agency; and
(11) (12) the Department of Health solely for the
purposes of epidemiologic investigations.
(b) Data on individuals and employers that are collected,
maintained, or used by the department in an investigation pursuant to section
268.182 are confidential as to data on individuals and protected nonpublic data
not on individuals as defined in section 13.02, subdivisions 3 and 13, and must
not be disclosed except pursuant to statute or court order or to a party named
in a criminal proceeding, administrative or judicial, for preparation of a
defense.
(c) Data gathered by the department pursuant to the
administration of the Minnesota unemployment insurance program must not be made
the subject or the basis for any suit in any civil proceedings, administrative
or judicial, unless the action is initiated by the department.
Sec. 58. Minnesota
Statutes 2004, section 296A.01, subdivision 2, is amended to read:
Subd. 2. [AGRICULTURAL
ALCOHOL GASOLINE.] "Agricultural alcohol gasoline" means a
gasoline-ethanol blend of up to ten percent agriculturally derived fermentation
ethanol derived from agricultural products, such as potatoes, cereal, grains,
cheese whey, sugar beets, forest products, or other renewable resources, that:
(1) meets the specifications in ASTM specification D4806-01
D4806-04a; and
(2) is denatured as specified in Code of Federal Regulations,
title 27, parts 20 and 21.
Sec. 59. Minnesota
Statutes 2004, section 296A.01, subdivision 7, is amended to read:
Subd. 7. [AVIATION
GASOLINE.] "Aviation gasoline" means any gasoline that is capable of
use for the purpose of producing or generating power for propelling internal
combustion engine aircraft, that meets the specifications in ASTM specification
D910-00 D910-04, and that either:
(1) is invoiced and billed by a producer, manufacturer,
refiner, or blender to a distributor or dealer, by a distributor to a dealer or
consumer, or by a dealer to consumer, as "aviation gasoline"; or
(2) whether or not invoiced and billed as provided in clause
(1), is received, sold, stored, or withdrawn from storage by any person, to be
used for the purpose of producing or generating power for propelling internal
combustion engine aircraft.
Sec. 60. Minnesota
Statutes 2004, section 296A.01, subdivision 8, is amended to read:
Subd. 8. [AVIATION
TURBINE FUEL AND JET FUEL.] "Aviation turbine fuel" and "jet
fuel" mean blends of hydrocarbons derived from crude petroleum, natural
gasoline, and synthetic hydrocarbons, intended for use in aviation turbine
engines, and that meet the specifications in ASTM specification D1655-01
D1655.04.
Sec. 61. Minnesota
Statutes 2004, section 296A.01, subdivision 14, is amended to read:
Subd. 14. [DIESEL FUEL
OIL.] "Diesel fuel oil" means a petroleum distillate or blend of
petroleum distillate and residual fuels, intended for use as a motor fuel in
internal combustion diesel engines, that meets the specifications in ASTM
specification D975-01A D975-04b, except that diesel fuel oil is not
required to meet the diesel lubricity standard until the date that the
biodiesel fuel requirement in section 239.77, subdivision 2, becomes effective
or December 31, 2005, whichever comes first. Diesel fuel includes number 1 and number 2 fuel oils. K-1 kerosene is not diesel fuel unless it is
blended with diesel fuel for use in motor vehicles.
Sec. 62. Minnesota
Statutes 2004, section 296A.01, subdivision 19, is amended to read:
Subd. 19. [E85.]
"E85" means a petroleum product that is a blend of agriculturally
derived denatured ethanol and gasoline or natural gasoline that typically
contains 85 percent ethanol by volume, but at a minimum must contain 60 percent
ethanol by volume. For the purposes of
this chapter, the energy content of E85 will be considered to be 82,000 BTUs
per gallon. E85 produced for use as a
motor fuel in alternative fuel vehicles as defined in subdivision 5 must comply
with ASTM specification D5798-99 (2004).
Sec. 63. Minnesota
Statutes 2004, section 296A.01, subdivision 20, is amended to read:
Subd. 20. [ETHANOL,
DENATURED.] "Ethanol, denatured" means ethanol that is to be blended
with gasoline, has been agriculturally derived, and complies with ASTM
specification D4806-01 D4806-04a. This includes the requirement that ethanol may be denatured
only as specified in Code of Federal Regulations, title 27, parts 20 and 21.
Sec. 64. Minnesota
Statutes 2004, section 296A.01, subdivision 22, is amended to read:
Subd. 22. [GAS TURBINE
FUEL OIL.] "Gas turbine fuel oil" means fuel that contains mixtures
of hydrocarbon oils free of inorganic acid and excessive amounts of solid or
fibrous foreign matter, intended for use in nonaviation gas turbine engines,
and that meets the specifications in ASTM specification D2880-00 D2880-03.
Sec. 65. Minnesota
Statutes 2004, section 296A.01, subdivision 23, is amended to read:
Subd. 23. [GASOLINE.]
(a) "Gasoline" means:
(1) all products commonly or commercially known or sold as
gasoline regardless of their classification or uses, except casinghead
gasoline, absorption gasoline, condensation gasoline, drip gasoline, or natural
gasoline that under the requirements of section 239.761, subdivision 3, must
not be blended with gasoline that has been sold, transferred, or otherwise
removed from a refinery or terminal; and
(2) any liquid prepared, advertised, offered for sale or sold
for use as, or commonly and commercially used as, a fuel in spark-ignition,
internal combustion engines, and that when tested by the Weights and Measures
Division meets the specifications in ASTM specification D4814-01 D4814-04a.
(b) Gasoline that is not blended with ethanol must not be
contaminated with water or other impurities and must comply with both ASTM
specification D4814-01 D4814-04a and the volatility requirements
in Code of Federal Regulations, title 40, part 80.
(c) After gasoline is sold, transferred, or otherwise removed
from a refinery or terminal, a person responsible for the product:
(1) may blend the gasoline with agriculturally derived ethanol,
as provided in subdivision 24;
(2) must not blend the gasoline with any oxygenate other than
denatured, agriculturally derived ethanol;
(3) must not blend the gasoline with other petroleum products
that are not gasoline or denatured, agriculturally derived ethanol;
(4) must not blend the gasoline with products commonly and
commercially known as casinghead gasoline, absorption gasoline, condensation
gasoline, drip gasoline, or natural gasoline; and
(5) may blend the gasoline with a detergent additive, an
antiknock additive, or an additive designed to replace tetra-ethyl lead, that
is registered by the EPA.
Sec. 66. Minnesota
Statutes 2004, section 296A.01, subdivision 24, is amended to read:
Subd. 24. [GASOLINE
BLENDED WITH NONETHANOL OXYGENATE.] "Gasoline blended with nonethanol
oxygenate" means gasoline blended with ETBE, MTBE, or other alcohol or
ether, except denatured ethanol, that is approved as an oxygenate by the EPA,
and that complies with ASTM specification D4814-01 D4814-04a. Oxygenates, other than denatured ethanol,
must not be blended into gasoline after the gasoline has been sold,
transferred, or otherwise removed from a refinery or terminal.
Sec. 67. Minnesota
Statutes 2004, section 296A.01, subdivision 25, is amended to read:
Subd. 25. [GASOLINE
BLENDED WITH ETHANOL.] "Gasoline blended with ethanol" means gasoline
blended with up to ten percent, by volume, agriculturally derived, denatured
ethanol. The blend must comply with the
volatility requirements in Code of Federal Regulations, title 40, part 80. The blend must also comply with ASTM
specification D4814-01 D4814-04a, or the gasoline base stock from
which a gasoline-ethanol blend was produced must comply with ASTM specification
D4814-01 D4814-04a; and the gasoline-ethanol blend must not be
blended with casinghead gasoline, absorption gasoline, condensation gasoline,
drip gasoline, or natural gasoline after the gasoline-ethanol blend has been sold,
transferred, or otherwise removed from a refinery or terminal. The blend need not comply with ASTM
specification D4814-01 D4814-04a if it is subjected to a standard
distillation test. For a distillation
test, a gasoline-ethanol blend is not required to comply with the temperature
specification at the 50 percent liquid recovery point, if the gasoline from
which the gasoline-ethanol blend was produced complies with all of the
distillation specifications.
Sec. 68. Minnesota
Statutes 2004, section 296A.01, subdivision 26, is amended to read:
Subd. 26. [HEATING FUEL
OIL.] "Heating fuel oil" means a petroleum distillate, blend of
petroleum distillates and residuals, or petroleum residual heating fuel that
meets the specifications in ASTM specification D396-01 D396-02a.
Sec. 69.
Minnesota Statutes 2004, section 296A.01, subdivision 28, is amended to
read:
Subd. 28. [KEROSENE.]
"Kerosene" means a refined petroleum distillate consisting of a
homogeneous mixture of hydrocarbons essentially free of water, inorganic acidic
and basic compounds, and excessive amounts of particulate contaminants and that
meets the specifications in ASTM specification D3699-01 D3699-03.
Sec. 70. Minnesota
Statutes 2004, section 298.22, is amended by adding a subdivision to read:
Subd. 9. [SALE
OR PRIVATIZATION OF FUNCTIONS.] The commissioner of Iron Range resources and
rehabilitation may not sell or privatize any project area or function of the
agency without prior approval by a majority vote of the board.
Sec. 71. [325F.991]
[911 EMERGENCY PHONE SERVICE REPRESENTATIONS.]
Subdivision 1.
[DEFINITIONS.] For purposes of this section, the terms defined in
this subdivision have the meanings given them.
(a) "911 emergency telecommunications system"
means a dedicated emergency telecommunications system required by section
403.025.
(b) "Person" means an individual, corporation,
firm, or other legal entity.
(c) "Service provider" means a person doing
business in Minnesota who provides real time, two-way voice service
interconnected with the public switched telephone network using numbers
allocated for Minnesota by the North American Numbering Plan Administration.
Subd. 2.
[REPRESENTATIONS OF 911 SERVICE.] A person shall not advertise,
market, or otherwise represent that the person furnishes a service capable of
providing access to emergency services by dialing 911 unless the person
provides a service that routes 911 calls through the 911 emergency
telecommunications system.
Subd. 3.
[DISCLOSURE.] A service provider that does not provide 911 dialing
that routes 911 calls through the 911 emergency telecommunications system must
disclose that fact in all advertisements, marketing materials, and
contracts. The disclosure must be in
capital letters, in 12-point font, and on the front page of the advertisement,
marketing materials, and contracts. The
disclosure must state: "THIS
SERVICE DOES NOT ROUTE 911 CALLS THROUGH THE 911 EMERGENCY SYSTEM."
Subd. 4.
[CERTAIN CALLS NOT 911 CALLS.] For purposes of this section, 911
calls routed to the general access number at a public safety answering point do
not qualify as being routed through a 911 emergency telecommunications system.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 72. Minnesota
Statutes 2004, section 326.975, subdivision 1, is amended to read:
Subdivision 1.
[GENERALLY.] (a) In addition to any other fees, each applicant for a
license under sections 326.83 to 326.98 shall pay a fee to the contractor's recovery
fund. The contractor's recovery fund is
created in the state treasury and must be administered by the commissioner in
the manner and subject to all the requirements and limitations provided by
section 82.43 with the following exceptions:
(1) each licensee who renews a license
shall pay in addition to the appropriate renewal fee an additional fee which
shall be credited to the contractor's recovery fund. The amount of the fee shall be based on the licensee's gross
annual receipts for the licensee's most recent fiscal year preceding the
renewal, on the following scale:
Fee Gross Receipts
$100
under $1,000,000
$150
$1,000,000 to $5,000,000
$200
over $5,000,000
Any person who receives a
new license shall pay a fee based on the same scale;
(2)(i) the sole purpose of this fund is to compensate
any aggrieved owner or lessee of residential property located within this state
who obtains a final judgment in any court of competent jurisdiction against a
licensee licensed under section 326.84, on grounds of fraudulent, deceptive, or
dishonest practices, conversion of funds, or failure of performance arising
directly out of any transaction when the judgment debtor was licensed and
performed any of the activities enumerated under section 326.83, subdivision
19, on the owner's residential property or on residential property rented by
the lessee, or on new residential construction which was never occupied prior
to purchase by the owner, or which was occupied by the licensee for less than
one year prior to purchase by the owner, and which cause of action arose on or
after April 1, 1994; and
(ii) reimburse the Department of Commerce for all legal and
administrative expenses, including staffing costs, incurred in administering
the fund;
(3) nothing may obligate the fund for more than $50,000 per
claimant, nor more than $75,000 per licensee; and
(4) nothing may obligate the fund for claims based on a cause
of action that arose before the licensee paid the recovery fund fee set in
clause (1), or as provided in section 326.945, subdivision 3.
(b) Should the commissioner pay from the contractor's recovery
fund any amount in settlement of a claim or toward satisfaction of a judgment
against a licensee, the license shall be automatically suspended upon the
effective date of an order by the court authorizing payment from the fund. No licensee shall be granted reinstatement
until the licensee has repaid in full, plus interest at the rate of 12 percent
a year, twice the amount paid from the fund on the licensee's account, and has
obtained a surety bond issued by an insurer authorized to transact business in
this state in the amount of at least $40,000.
Sec. 73. Minnesota
Statutes 2004, section 345.47, subdivision 3, is amended to read:
Subd. 3. [SECURITIES.]
Securities listed on an established stock exchange shall be sold at the
prevailing prices on the exchange.
Other securities may be sold over the counter at prevailing prices or, with
prior approval of the State Board of Investment, by another method the
commissioner determines advisable.
United States government savings bonds and United States war bonds shall
be presented to the United States for payment.
Sec. 74. Minnesota
Statutes 2004, section 345.47, subdivision 3a, is amended to read:
Subd. 3a. [HOLDING
PERIOD.] is
of a type customarily sold on a recognized market or of a type which may be
sold over the counter at prevailing prices, the commissioner may sell the
property without notice by publication or otherwise. The commissioner may proceed with the liquidation after holding
for one year, with the exception of securities being held as the result of an
insurance company demutualization, these types of securities may be sold upon
receipt. The language provided in this
section grants to the commissioner express authority to sell any property
including, but not limited to, stocks, bonds, notes, bills, and all other
public or private securities. A person
making a claim under section 345.35 is entitled to receive the securities
delivered to the administrator by the holder, if they still remain in the
custody of the administrator, or the net proceeds received from sale, and is
not entitled to receive any appreciation in the value of the property occurring
after sale by the commissioner. The
commissioner may liquidate all unclaimed securities currently held in custody
in accordance with the provisions of this section. All securities presumed abandoned under section 345.35 and
delivered to the commissioner must be held for at least three years before they
are sold. A person making a claim under
this section is entitled to receive either the securities delivered to the
commissioner by the holder, if they still remain in the hands of the
commissioner, or the proceeds received from the sale, but no person has any
claim under this section against the state, the holder, any transfer agent,
registrar, or other person acting for or on behalf of a holder for any
appreciation in the value of the property occurring after delivery by the
holder to the commissioner. If
the property
Sec. 75. Minnesota
Statutes 2004, section 373.40, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITIONS.] For purposes of this section, the following terms have
the meanings given.
(a) "Bonds" means an obligation as defined under
section 475.51.
(b) "Capital improvement" means acquisition or
betterment of public lands, development rights in the form of conservation
easements under chapter 84C, buildings, or other improvements within the county
for the purpose of a county courthouse, administrative building, health or
social service facility, correctional facility, jail, law enforcement center,
hospital, morgue, library, park, qualified indoor ice arena, and roads and
bridges. An improvement must have an
expected useful life of five years or more to qualify. "Capital improvement" does not
include light rail transit or any activity related to it or a recreation or
sports facility building (such as, but not limited to, a gymnasium, ice arena,
racquet sports facility, swimming pool, exercise room or health spa), unless
the building is part of an outdoor park facility and is incidental to the
primary purpose of outdoor recreation.
(c) "Commissioner" means the commissioner of
employment and economic development.
(d) "Metropolitan county" means a county
located in the seven-county metropolitan area as defined in section 473.121 or
a county with a population of 90,000 or more.
(e) (d) "Population" means the
population established by the most recent of the following (determined as of
the date the resolution authorizing the bonds was adopted):
(1) the federal decennial census,
(2) a special census conducted under contract by the United
States Bureau of the Census, or
(3) a population estimate made either by the Metropolitan
Council or by the state demographer under section 4A.02.
(f) (e) "Qualified indoor ice arena"
means a facility that meets the requirements of section 373.43.
(g) (f) "Tax capacity" means total
taxable market value, but does not include captured market value.
Sec. 76. Minnesota
Statutes 2004, section 373.40, subdivision 3, is amended to read:
Subd. 3. [CAPITAL
IMPROVEMENT PLAN.] (a) A county may adopt a capital improvement plan. The plan must cover at least the five-year
period beginning with the date of its adoption. The plan must set forth the estimated schedule, timing, and
details of specific capital improvements by year, together with the estimated
cost, the need for the improvement, and sources of revenues to pay for the
improvement. In preparing the capital
improvement plan, the county board must consider for each project and for the
overall plan:
(1) the condition of the county's existing
infrastructure, including the projected need for repair or replacement;
(2) the likely demand for the improvement;
(3) the estimated cost of the improvement;
(4) the available public resources;
(5) the level of overlapping debt in the county;
(6) the relative benefits and costs of alternative uses of the
funds;
(7) operating costs of the proposed improvements; and
(8) alternatives for providing services more efficiently
through shared facilities with other counties or local government units.
(b) The capital improvement plan and annual amendments to it must
be are not effective until approved by the county board after public
hearing. The county must submit the
capital improvement plan to the community development division of the
Department of Employment and Economic Development. The plan is not effective if the commissioner disapproves the
plan within 90 days after it was submitted.
If the commissioner has not disapproved the plan within 90 days after
its submission, the plan is deemed approved and effective. The commissioner shall disapprove a capital
improvement plan only if the commissioner determines (1) that the planned
improvements cannot be financed within the limits specified in subdivision 4,
or (2) the county in preparing the plan did not consider the factors listed in
this subdivision or failed to gather the information necessary to evaluate the
plan under the factors, or (3) the proposed improvements will result in
unnecessary duplication of public facilities provided by other units of
government in the region or there is insufficient demand for the facility. If the plan is disapproved by the
commissioner and the county board does not withdraw the plan, the capital
improvement plan must be submitted to the voters for approval. If a majority of the voters approve, the
plan is approved and effective.
Sec. 77. Minnesota
Statutes 2004, section 462A.05, subdivision 3a, is amended to read:
Subd. 3a. [REFINANCING NONPROFITS;
RESIDENTIAL HOUSING.] It may refinance the existing indebtedness of nonprofit
entities, as defined by the agency owners of rental property,
secured by residential housing for occupancy by persons and families of low and
moderate income, if refinancing is determined by the agency to be necessary to
reduce housing costs to an affordable level or to maintain the supply of
affordable low-income housing. The
authority granted in this subdivision is in addition to and not in limitation
of the authority granted in section 462A.05, subdivision 14.
Sec. 78. Minnesota
Statutes 2004, section 462A.33, subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE
RECIPIENTS.] Challenge grants or loans may be made to a city, a federally
recognized American Indian tribe or subdivision located in Minnesota, a tribal
housing corporation, a private developer, a nonprofit organization, or the
owner of the housing, including individuals.
For the purpose of this section, "city" has the meaning given
it in section 462A.03, subdivision 21.
To the extent practicable, grants and loans shall be made so that an
approximately equal number of housing units are financed in the metropolitan
area and in the nonmetropolitan area.
Sec. 79. Minnesota
Statutes 2004, section 517.08, subdivision 1b, is amended to read:
Subd. 1b. [TERM OF
LICENSE; FEE; PREMARITAL EDUCATION.] (a) The local registrar shall examine upon
oath the party applying for a license relative to the legality of the
contemplated marriage. If at the
expiration of a five-day period, on being satisfied that there is no legal
impediment to it, including the restriction contained in section 259.13, the
local registrar shall issue the license, containing the full names of the
parties before and after marriage, and county and state of residence, with the
county seal attached, and make a record of the date of issuance. The license shall be valid for a period of
six months. In case of emergency or
extraordinary circumstances, a judge of the district court of the county in
which the application is made, may authorize the license to be issued at any
time before the expiration of the five days.
Except as provided in paragraph (b), the local registrar shall collect
from the applicant a fee of $85 $75 for administering the oath,
issuing, recording, and filing all papers required, and preparing and
transmitting to the state registrar of vital statistics the reports of marriage
required by this section. If the
license should not be used within the period of six months due to illness or
other extenuating circumstances, it may be surrendered to the local registrar
for cancellation, and in that case a new license shall issue upon request of
the parties of the original license without fee. A local registrar who knowingly issues or signs a marriage
license in any manner other than as provided in this section shall pay to the
parties aggrieved an amount not to exceed $1,000.
(b) The marriage license fee for parties who have completed at
least 12 hours of premarital education is $20.
In order to qualify for the reduced fee, the parties must submit a
signed and dated statement from the person who provided the premarital
education confirming that it was received.
The premarital education must be provided by a licensed or ordained
minister or the minister's designee, a person authorized to solemnize marriages
under section 517.18, or a person authorized to practice marriage and family
therapy under section 148B.33. The
education must include the use of a premarital inventory and the teaching of
communication and conflict management skills.
(c) The statement from the person who provided the premarital
education under paragraph (b) must be in the following form:
"I, (name of educator), confirm that (names of both
parties) received at least 12 hours of premarital education that included the
use of a premarital inventory and the teaching of communication and conflict
management skills. I am a licensed or
ordained minister, a person authorized to solemnize marriages under Minnesota
Statutes, section 517.18, or a person licensed to practice marriage and family therapy
under Minnesota Statutes, section 148B.33."
The names of the parties in the educator's statement must be
identical to the legal names of the parties as they appear in the marriage
license application. Notwithstanding
section 138.17, the educator's statement must be retained for seven years,
after which time it may be destroyed.
(d) If section 259.13 applies to the request for a marriage
license, the local registrar shall grant the marriage license without the
requested name change. Alternatively,
the local registrar may delay the granting of the marriage license until the
party with the conviction:
(1) certifies under oath that 30 days have passed since service
of the notice for a name change upon the prosecuting authority and, if
applicable, the attorney general and no objection has been filed under section
259.13; or
(2) provides a certified copy of the court order granting
it. The parties seeking the marriage
license shall have the right to choose to have the license granted without the
name change or to delay its granting pending further action on the name change
request.
Sec. 80. Minnesota
Statutes 2004, section 517.08, subdivision 1c, is amended to read:
Subd. 1c. [DISPOSITION
OF LICENSE FEE.] (a) Of the marriage license fee collected pursuant to
subdivision 1b, paragraph (a), $15 must be retained by the county. The local registrar must pay $70 $60
to the commissioner of finance to be deposited as follows:
(1) $50 in the general fund;
(2) $3 in the special revenue fund to be appropriated to the
commissioner of education for parenting time centers under section 119A.37;
(3) $2 in the special revenue fund to be appropriated to the
commissioner of health for developing and implementing the MN ENABL program
under section 145.9255; and
(4) $10 in the special revenue fund to be appropriated to
the commissioner of employment and economic development for the displaced
homemaker program under section 116L.96; and
(5) $5 in the special revenue fund to be appropriated to
the commissioner of human services for the Minnesota Healthy Marriage and
Responsible Fatherhood Initiative under section 256.742.
(b) Of the $20 fee under subdivision 1b, paragraph (b), $15
must be retained by the county. The
local registrar must pay $5 to the commissioner of finance to be distributed as
provided in paragraph (a), clauses (2) and (3).
(c) The increase in the marriage license fee under paragraph
(a) provided for in Laws 2004, chapter 273, and disbursement of the increase in
that fee to the special fund for the Minnesota Healthy Marriage and Responsible
Fatherhood Initiative under paragraph (a), clause (5) (4), is
contingent upon the receipt of federal funding under United States Code, title
42, section 1315, for purposes of the initiative.
Sec. 81. Laws 1999,
chapter 224, section 7, as amended by Laws 2004, chapter 261, article 6,
section 3, is amended to read:
Sec. 7. [SUNSET.]
Sections 2 and 4 expire on August 1, 2005 2006,
and Minnesota Statutes 1998, sections 237.63, 237.65, and 237.68, expire on
December 31, 2004.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 82. [INCREASED JOB
TRAINING AND WAGES FOR MINORITIES.]
Subdivision 1.
[INITIATIVE.] The commissioner of employment and economic development
shall develop an initiative to promote employment opportunities for minorities,
including Native Americans, with a particular focus on opportunities for
American blacks, in the state of Minnesota.
At a minimum, the initiative should significantly expand the job
training available to minorities and promote substantial increases in the wages
paid to minorities, at least to a rate well above living wage, and within
several years to equality.
Subd. 2.
[INTERIM REPORT.] The commissioner, in consultation with the
Governor's Workforce Development Council, shall prepare an interim report
detailing the parameters of the initiative to the governor and the chair of the
finance committee in each house of the legislature that has jurisdiction over
employment. The interim report must be
made within 90 days of the effective date of this section.
Subd. 3. [FINAL
REPORT.] The commissioner, in consultation with the Governor's Workforce
Development Council, shall prepare a final report detailing a proposed
initiative by January 10, 2006.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 83. [SMALL
BUSINESS DEVELOPMENT STUDY.]
The commissioner of employment and economic development must
investigate options for charging fees for services that help companies seek
federal Phase II Small Business Innovation Research grants. The results and recommendations from this
study must be submitted to the chairs of the house and senate economic
development finance committees by February 1, 2006.
Sec. 84. [PREVAILING
WAGE ADVISORY COUNCIL.]
The commissioner of labor and industry and the commissioner
of employment and economic development shall convene a prevailing wage advisory
council. The advisory council shall
consist of 12 members as follows: the presidents
of the largest statewide Minnesota business and organized labor organizations
as measured by the number of employees of its business members and in its
affiliated labor organizations in Minnesota on July 1, 2005. The governor, the majority leader of the
senate, the speaker of the house of representatives, the minority leader of the
senate, and the minority leader of the house of representatives shall each
select a business and a labor representative.
At least four of the labor representatives shall be chosen from the
affiliated membership of the Minnesota AFL-CIO. At least two of the business representatives shall be
representatives of small employers as defined in Minnesota Statutes, section
177.24, subdivision 1, paragraph (a), clause (2). None of the council members shall represent attorneys, health
care providers, qualified rehabilitation consultants, or insurance companies.
The advisory council shall study whether:
(1) the responsibility of collecting information needed to
ascertain construction prevailing wages should be transferred from the
Department of Labor and Industry to the Department of Employment and Economic
Development;
(2) the construction prevailing wage rate should be
calculated on a regional basis; and
(3) the construction prevailing wage rate should be an
average of the rate plus benefits paid to workers engaged in the same class of
labor within the area.
The advisory council shall make a recommendation on these
issues to the governor and the chairs of the committees with jurisdiction over
labor issues in the senate and house of representatives by January 15, 2006.
Sec. 85.
[SESQUICENTENNIAL COMMISSION.]
Subdivision 1.
[COMMISSION; PURPOSE.] The Minnesota Sesquicentennial Commission is
established to plan for activities relating to Minnesota's 150th anniversary of
statehood. The commission shall create
a plan for capital improvements, celebratory activities, and public engagement
in every county in the state of Minnesota.
Subd. 2.
[MEMBERSHIP.] The commission shall consist of 17 members who shall
serve until the completion of the sesquicentennial year of statehood, appointed
as follows:
(1) nine members appointed by the governor, representing
major corporate, nonprofit, and public sectors of the state, selected from all
parts of the state;
(2) two members appointed by the speaker of the house of
representatives;
(3) two members appointed by the minority leader of the
house of representatives;
(4) two members from the majority party in the senate,
appointed by the Subcommittee on Committees; and
(5) two members from the minority party in the senate,
appointed by the Subcommittee on Committees.
Subd. 3.
[COMPENSATION; OPERATION.] Members shall select a chair from the
membership of the commission. The chair
shall convene all meetings and set the agenda for the commission. The Minnesota Historical Society shall
provide office space and staff support for the commission, and shall cooperate
with the University of Minnesota and Minnesota State Colleges and Universities
to support the programs of the commission.
Meetings shall be at the call of the chair. The commission may appoint an advisory council to advise and
assist the commission with its duties.
Members shall receive no compensation for service on the
Sesquicentennial Commission. Members
appointed by the governor may be reimbursed for expenses under Minnesota
Statutes, section 15.059, subdivision 3.
Subd. 4.
[DUTIES.] The commission shall have the following duties:
(1) to present to the governor and legislature a plan for
capital grants to pay for capital improvements on Minnesota's historic public
and private buildings, to be known as sesquicentennial grants;
(2) to seek funding for activities to celebrate the 150th
anniversary of statehood, and to form partnerships with private parties to
further this mission; and
(3) to present an annual report to the governor and
legislature outlining progress made towards the celebration of the
sesquicentennial.
Subd. 5. [COMMEMORATIVE
COIN.] The commission may arrange for design, production, distribution,
marketing, and sale of a commemorative coin.
Proceeds from sale of the commemorative coin are appropriated to the
commission.
Subd. 6.
[EXPIRATION.] The commission shall continue to operate until January
30, 2009, at which time it shall expire.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 86. [INSTRUCTION
TO REVISOR.]
The revisor of statutes shall renumber Minnesota Statutes,
section 239.05, as section 239.051, alphabetize the definitions, and correct
any cross-references to that section accordingly.
Sec. 87. [REPEALER.]
Minnesota Statutes 2004, sections 45.0295; 116J.573;
116J.58, subdivision 3; 116L.05, subdivision 4; 239.05, subdivisions 6a and 6b;
and 462C.15, are repealed.
ARTICLE 3
HUMAN
SERVICES APPROPRIATIONS
Section 1. [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 "2006" and
"2007" where used in this article, mean that the appropriation or
appropriations listed under them are available for the fiscal year ending June
30, 2006, or June 30, 2007, respectively.
SUMMARY
BY FUND
BIENNIAL
2006 2007 TOTAL
General $411,712,000 $420,246,000 $831,958,000
Health Care Access 249,000
249,000 498,000
Federal TANF 219,901,000 247,697,000
467,598,000
TOTAL $631,862,000
$668,192,000 $1,300,054,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec. 2. COMMISSIONER OF
HUMAN SERVICES
Subdivision 1. Total Appropriation
$631,862,000 $668,192,000
Summary by Fund
General 411,712,000 420,246,000
Health Care Access 249,000
249,000
Federal TANF 219,901,000 247,697,000
[FOOD STAMPS EMPLOYMENT AND TRAINING FUNDS.]
Notwithstanding Minnesota Statutes, sections 256J.626 and 256D.051,
subdivisions 1a, 6b, and 6c, federal food stamps employment and training funds
received as reimbursement of Minnesota family investment program consolidated
fund grant expenditures must be deposited in the general fund. Consistent with the receipt of these federal
funds, the commissioner may adjust the level of working family credit
expenditures claimed as TANF maintenance of effort.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[TANF FUNDS APPROPRIATED TO OTHER ENTITIES.]
Any expenditures from the TANF block grant shall be expended according to 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 ensure 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 or statutory language permits otherwise.
[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;
(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); and
(6) qualifying working family credit
expenditures under Minnesota Statutes, section 290.0671.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
(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) For fiscal years beginning with state
fiscal year 2005, the commissioner shall ensure 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.
(d) 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, does not apply if the grants or aids are federal TANF funds.
(e) Notwithstanding the expiration date
provided in section 6, paragraph (a), clauses (1) to (6), and paragraphs (b) to
(d), expire June 30, 2009.
[WORKING FAMILY CREDIT EXPENDITURES AS
TANF/MOE.] The commissioner may claim as TANF maintenance of effort up to the
following amounts of working family credit expenditures for the following
fiscal years:
(1) fiscal year 2006, $6,942,000; and
(2) fiscal year 2007 and thereafter,
$6,707,000.
[INCREASE WORKING FAMILY CREDIT EXPENDITURES
TO BE CLAIMED FOR TANF/MOE.] In addition to the amounts provided in this
section, the commissioner may count the following amounts of working family
credit expenditure as TANF/MOE:
(1) fiscal year 2006, $67,385,000;
(2) fiscal year 2007,
$69,839,000;
(3) fiscal year 2008,
$12,657,000; and
(4) fiscal year 2009,
$8,237,000.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[SPECIAL
REVENUE FUND TRANSFER.] Notwithstanding any law to the contrary, excluding
accounts authorized under Minnesota Statutes, section 16A.1286, and Minnesota
Statutes, chapter 254B, the commissioner shall transfer $1,139,000 of
uncommitted special revenue fund balances to the general fund. The actual transfers shall be identified
within the standard information provided to the chairs of the legislative
committees with jurisdiction over health and human services issues in December
2005.
Subd. 2. Children and
Economic Assistance Grants
Summary by Fund
General 369,129,000 377,643,000
Federal TANF 219,449,000 247,245,000
The amounts that may be spent from this
appropriation for each purpose are as follows:
(a) MFIP/DWP Grants
General 35,640,000 31,902,000
Federal TANF 104,204,000 106,020,000
(b) Support Services Grants
General 8,697,000
8,715,000
Federal TANF 102,594,000 102,632,000
(c) MFIP Child Care
Assistance Grants
General 41,170,000 20,030,000
Federal TANF 11,254,000 37,196,000
[MFIP CHILD CARE; TANF APPROPRIATION.] The
federal TANF appropriation is a onetime appropriation.
[TANF TRANSFER TO FEDERAL
CHILD CARE AND DEVELOPMENT FUND.] $17,946,000 in fiscal year 2006, $40,388,000
in fiscal year 2007, and $3,192,000 in fiscal year 2008 and
each fiscal year thereafter is appropriated to the
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
commissioner for the purposes of MFIP/Transition
Year child care under Minnesota Statutes, section 119B.05. The commissioner shall authorize transfer of
sufficient TANF funds to the federal child care and development fund to meet
this appropriation and shall ensure that all transferred funds are expended
according to the federal child care and development fund regulations.
(d) Basic Sliding Fee Child
Care Assistance Grants
General 6,592,000
24,911,000
[CHILD CARE AND DEVELOPMENT FUND UNEXPENDED
BALANCE.] In addition to the amount provided in this section, the commissioner
shall expend $16,254,000 in fiscal year 2006 and $2,085,000 in fiscal year 2007
from the federal child care and development fund unexpended balance for basic
sliding fee child care under Minnesota Statutes, section 119B.03. The commissioner shall ensure that all child
care and development funds are expended according to the federal child care and
development fund regulations.
[BASE ADJUSTMENT FOR FREEZE MAXIMUM RATES FOR CHILD
CARE ASSISTANCE.] The general fund base is increased by $4,301,000 in fiscal
year 2008 and $6,641,000 in fiscal year 2009 for basic sliding fee child care
assistance.
(e) Child Care Development
Grants
General 1,540,000
1,540,000
(f) Child Support
Enforcement Grants
General 3,255,000
3,255,000
(g) Children's Services
Grants
General 40,488,000 49,580,000
[BASE ADJUSTMENT FOR ADOPTION ASSISTANCE GRANTS.] The
general fund base is increased by $2,153,000 in fiscal year 2008 and $4,310,000
in fiscal year 2009 for adoption assistance grants.
[BASE ADJUSTMENT FOR RELATIVE CUSTODY ASSISTANCE
GRANTS.] The general fund base is increased by $838,000 in fiscal year 2008 and
$1,689,000 in fiscal year 2009 for relative custody assistance grants.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[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.
[PRIVATIZED ADOPTION GRANTS.] Federal
reimbursement for privatized adoption grant and foster care recruitment grant
expenditures is appropriated to the commissioner for adoption grants and foster
care and adoption administrative purposes.
(h) Children and Community
Services Grants
General 68,488,000 68,488,000
[DELAY PROJECTS OF REGIONAL SIGNIFICANCE.]
Notwithstanding Minnesota Statutes, section 256M.40, subdivision 2, the
projects of the regional significance grant program are delayed until July 1,
2007. The general fund base for the
program shall be $25,000,000 in fiscal year 2008 and $25,000,000 in fiscal year
2009.
(i) General Assistance
Grants
General 30,823,000 31,157,000
[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 fiscal year 2006 and $7,889,812 in fiscal year 2007. Funds to counties shall be allocated by the
commissioner using the allocation method specified in Minnesota Statutes,
section 256D.06.
(j) Minnesota Supplemental
Aid Grants
General 30,315,000 30,801,000
[EMERGENCY MINNESOTA SUPPLEMENTAL AID FUNDS.]
The amount appropriated for emergency Minnesota supplemental aid funds is limited to no more than $1,100,000 in
fiscal year 2006
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
and $1,100,000 in fiscal year 2007. Funds to counties shall be allocated by the
commissioner using the allocation method specified in Minnesota Statutes,
section 256D.46.
(k) Group Residential
Housing Grants
General 85,487,000 91,009,000
(l) Other Children and
Economic Assistance Grants
General 16,634,000 16,255,000
Federal TANF 1,397,000
1,397,000
[TRANSITIONAL HOUSING.] $3,238,000 in fiscal
year 2006 and $3,238,000 in fiscal year 2007 are appropriated for transitional
housing under Minnesota Statutes, section 119A.43. Of this amount, $1,397,000 in fiscal year 2006 and $1,397,000 in
fiscal year 2007 are onetime appropriations from the federal TANF fund. The general fund base for transitional
housing shall be $2,988,000 each year for the fiscal 2008-2009 biennium.
Subd. 3. Children and
Economic Assistance Management
Summary by Fund
General 42,583,000 42,603,000
Health Care Access 249,000
249,000
Federal TANF 452,000
452,000
The amounts that may be spent from the
appropriation for each purpose are as follows:
(a) Children and Economic
Assistance Administration
General 7,838,000
7,832,000
Federal TANF 452,000
452,000
(b) Children and Economic
Assistance Operations
General 34,745,000 34,771,000
Health Care Access 249,000
249,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[SPENDING AUTHORITY FOR FOOD STAMPS BONUS AWARDS.]
In the event that Minnesota qualifies for the United States Department of
Agriculture Food and Nutrition Services Food Stamp Program performance bonus
awards beginning in federal fiscal year 2004, the funding is appropriated to
the commissioner. The commissioner
shall retain 25 percent of the funding, with the other 75 percent divided among
the counties according to a formula that takes into account each county's
impact on state performance in the applicable bonus categories.
[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 $34,000 of child support cost recovery fees collected in fiscal
year 2006 and fiscal year 2007 to the PRISM special revenue account to offset
PRISM system costs of maintaining the fee.
[STUDY OF ECONOMIC IMPACT OF CHILD SUPPORT
GUIDELINES.] Of this amount, $20,000 is appropriated to the commissioner of
human services in fiscal year 2006 to pay the state's share of the cost of
study on the economic impact of child support guidelines in article 5, section
26.
[FINANCIAL INSTITUTION DATA MATCH AND PAYMENT OF
FEES.] The commissioner is authorized to allocate up to $310,000 each year in
fiscal year 2006 and fiscal year 2007 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. [TRANSFERS.]
Subdivision 1.
[GRANTS.] The commissioner of human services, with the approval of
the commissioner of finance, and after notification of the chairs of the relevant
senate budget division and house finance committee, may transfer unencumbered
appropriation balances for the biennium ending June 30, 2007, within fiscal
years among the MFIP, general assistance, medical assistance, MFIP child care
assistance under Minnesota Statutes, section 119B.05, Minnesota supplemental
aid, 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
relevant house and senate health committees 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. 4. [SPECIAL
REVENUE TRANSFER FOR CERTAIN PROGRAMS.]
(a) The balance of indirect cost reimbursement attributable
to federal grants transferred from the Department of Education to the
Department of Human Services and available at the close of fiscal year 2005
shall be transferred to the general fund.
(b) The balance of the child care child support recoveries
in the special revenue account established under Minnesota Statutes, section
119B.074, and available at the close of fiscal year 2005 shall be transferred
to the general fund.
Sec. 5. [INDIRECT COSTS
NOT TO FUND PROGRAMS.]
The commissioners of health and human services shall not use
indirect cost allocations to pay for the operational costs of any program for
which they are responsible.
Sec. 6. [SUNSET OF
UNCODIFIED LANGUAGE.]
All uncodified language contained in this article expires on
June 30, 2007, unless a different expiration date is explicit.
Sec. 7. [EFFECTIVE
DATE.]
The provisions in this article are effective July 1, 2005,
unless a different effective date is specified.
ARTICLE
4
DEPARTMENT
OF HUMAN SERVICES FORECAST ADJUSTMENT
Section 1.
[ADJUSTMENT.]
The dollar amounts shown are added to or, if shown in
parentheses, are subtracted from the appropriations in Laws 2003, First Special
Session chapter 14, as amended by Laws 2004, chapter 272, or other law, and are
appropriated from the general fund, or any other fund named, to the Department
of Human Services for the purposes specified in this article, to be available
for the fiscal year indicated for each purpose. The figure "2005" used in this article means that the
appropriation or appropriations listed are available for the fiscal year ending
June 30, 2005.
SUMMARY
BY FUND
2005
General Fund 8,280,000
TANF (16,831,000)
TOTAL (8,551,000)
2005
Sec. 2. COMMISSIONER OF
HUMAN SERVICES
Subdivision 1. Total
Appropriation
(8,551,000)
Summary by Fund
General 8,280,000
TANF (16,831,000)
Subd. 2. Continuing
Care Grants
General (6,017,000)
The amount that may be spent from this
appropriation for each purpose is as follows:
Group Residential Housing
General 6,017,000
Subd.
3. Economic Support Grants
General 22,940,000
TANF (16,831,000)
The amount that may be spent from this
appropriation for each purpose is as follows:
(a) Minnesota Family Investment Program
General 21,000,000
TANF (16,831,000)
(b) General Assistance 2,840,000
(c) Minnesota Supplemental Aid
(900,000)
Subd. 4. Child Care Total
Appropriation (20,677,000)
General Fund (20,677,000)
ARTICLE
5
CHILDREN AND FAMILIES
Section 1. Minnesota
Statutes 2004, section 119B.02, is amended by adding a subdivision to read:
Subd. 7. [ANNUAL
REPORT.] The commissioner shall report each January, using the most current
data sources available to the agency, on the monthly average cost of child care
assistance per family, the basic sliding fee waiting list, provider's
willingness to care for children from families accessing child care assistance
as documented in the child care resource and referral program report, the child
care assistance program participation by income level as compared to income
eligibility levels, trends in families applying for MFIP due to child care
reasons, the type of care selected by child care assistance families as
compared to historical trends and to that selected by the general public, and
the percentage of child care center and family provider rates that are equal to
or less than the child care assistance maximum rate. The commissioner must also report on the progress toward
measurement of the school readiness of children in families receiving child
care assistance and of the length of continuous employment of parents by child
care assistance sub-programs.
Sec. 2. Minnesota
Statutes 2004, section 119B.13, subdivision 1, is amended to read:
Subdivision 1. [SUBSIDY
RESTRICTIONS.] (a) The provider rates determined under this section for
fiscal year 2003 and implemented July 1, 2002, are to be continued in effect
through June 30, 2007. The commissioner
of human services shall modify the rate tables for child care centers published
in Department of Human Services Bulletin No. 03-68-07 so that in counties with
regional or statewide cells, the maximum rates must be the higher of the 100th
percentile of the 2002 market rate survey data for the county or the rate
currently identified in the bulletin.
Beginning in fiscal year 2008, the maximum rate paid for child care
assistance in any county or multicounty region under the child care fund
may not exceed shall be the lesser of the 75th percentile rate
for like-care arrangements in the county or multicounty region as
surveyed by the commissioner or the previous year's rate for like-care
arrangements in the county increased by the percent change in the average
quarterly national CPI-U index for the current state fiscal year over the
average quarterly index for the previous state fiscal year. When the commissioner determines that, using
the commissioner's established protocol, the number of providers responding to
the survey is too small to determine the 75th percentile rate for like-care
arrangements in a county or multicounty region, the commissioner may establish
the 75th percentile maximum rate based on like-care arrangements in a county,
region, or category that the commissioner deems to be similar.
(b) A rate which includes a special needs rate paid
under subdivision 3 may be in excess of the maximum rate allowed under this
subdivision.
(c) 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.
(d) 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 any family co-payment fee.
(e) The commissioner of human services must report each
January on the access that families receiving child care assistance have to
child care programs by identifying the percentage of child care center and
family child care provider rates that are equal to or less than the maximum
rates paid by the child care assistance programs. The commissioner must report the average percentage change in
surveyed rates by provider type. The
commissioner shall also report the percentage change in the average quarterly
national CPI-U index for the four quarters up to and including the quarter in
which the most recent rate survey began over the four previous quarters. Reporting must be based on the rate data
collected in the most recent rate survey.
Sec. 3.
Minnesota Statutes 2004, section 119B.13, is amended by adding a
subdivision to read:
Subd. 7. [ABSENT
DAYS.] Child care providers may not be reimbursed for more than 25 absent
days per child, excluding holidays, in a fiscal year, or for more than ten
consecutive absent days, unless the child has a documented medical condition
that causes more frequent absences.
Documentation of medical conditions must be on the forms and submitted
according to the timelines established by the commissioner.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 4. Minnesota
Statutes 2004, section 245A.10, subdivision 4, is amended to read:
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 Other
Center
Program
License Fee
License Fee
1 to 24 persons $300
$225 $400
25 to 49 persons $450
$340 $600
50 to 74 persons $600
$450 $800
75 to 99 persons $750
$565 $1,000
100 to 124 persons
$900 $675
$1,200
125 to 149 persons
$1,200 $900
$1,400
150 to 174 persons
$1,400 $1,050
$1,600
175 to 199 persons
$1,600 $1,200
$1,800
200 to 224 persons
$1,800 $1,350
$2,000
225 or more persons
$2,000 $1,500
$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.
Sec. 5. Minnesota
Statutes 2004, section 254A.035, subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP
TERMS, COMPENSATION, REMOVAL AND EXPIRATION.] The membership of this council
shall be composed of 17 persons who are American Indians and who are appointed
by the commissioner. The commissioner
shall appoint one representative from each of the following groups: Red Lake Band of Chippewa Indians; Fond du
Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota Chippewa
Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band, Minnesota
Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth Band,
Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux
Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux
Indian Reservation; International Falls Northern Range; Duluth Urban Indian
Community; and two representatives
from the Minneapolis Urban Indian Community and two from the St. Paul Urban
Indian Community. The terms,
compensation, and removal of American Indian Advisory Council members shall be
as provided in section 15.059. The
council expires June 30, 2001 2008.
[EFFECTIVE DATE.] This
section is effective retroactively from June 30, 2001.
Sec. 6. Minnesota
Statutes 2004, section 254A.04, is amended to read:
254A.04 [CITIZENS ADVISORY COUNCIL.]
There is hereby created an Alcohol and Other Drug Abuse
Advisory Council to advise the Department of Human Services concerning the
problems of alcohol and other drug dependency and abuse, composed of ten
members. Five members shall be
individuals whose interests or training are in the field of alcohol dependency
and abuse; and five members whose interests or training are in the field of
dependency and abuse of drugs other than alcohol. The terms, compensation and removal of members shall be as
provided in section 15.059. The council
expires June 30, 2001 2008.
The commissioner of human services shall appoint members whose terms end
in even-numbered years. The
commissioner of health shall appoint members whose terms end in odd-numbered
years.
[EFFECTIVE DATE.] This
section is effective retroactively from June 30, 2001.
Sec. 7. Minnesota
Statutes 2004, section 256.01, is amended by adding a subdivision to read:
Subd. 14b.
[AMERICAN INDIAN CHILD WELFARE PROJECTS.] (a) The commissioner of
human services may authorize projects to test tribal delivery of child welfare
services to American Indian children and their parents and custodians living on
the reservation. The commissioner has
authority to solicit and determine which tribes may participate in a
project. Grants may be issued to
Minnesota Indian tribes to support the projects. The commissioner may waive existing state rules as needed to
accomplish the projects.
Notwithstanding section 626.556, the commissioner may authorize projects
to use alternative methods of investigating and assessing reports of child
maltreatment, provided that the projects comply with the provisions of section
626.556 dealing with the rights of individuals who are subjects of reports or
investigations, including notice and appeal rights and data practices
requirements. The commissioner may seek
any federal approvals necessary to carry out the projects as well as seek and
use any funds available to the commissioner, including use of federal funds,
foundation funds, existing grant funds, and other funds. The commissioner is authorized to advance
state funds as necessary to operate the projects. Federal reimbursement applicable to the projects is appropriated to
the commissioner for the purposes of the projects. The projects must be required to address responsibility for
safety, permanency, and well-being of children.
(b) For the purposes of this section, "American Indian
child" means a person under 18 years of age who is a tribal member or
eligible for membership in one of the tribes chosen for a project under this
subdivision and who is residing on the reservation of that tribe.
(c) In order to qualify for an American Indian child welfare
project, a tribe must:
(1) be one of the existing tribes with reservation land in
Minnesota;
(2) have a tribal court with jurisdiction over child custody
proceedings;
(3) have a substantial number of children for whom
determinations of maltreatment have occurred;
(4) have capacity to respond to reports of abuse and neglect
under section 626.556;
(5) provide a wide range of services to families in need of
child welfare services; and
(6) have a tribal-state title IV-E
agreement in effect.
(d) Grants awarded under this section may be used for the
nonfederal costs of providing child welfare services to American Indian
children on the tribe's reservation, including costs associated with:
(1) assessment and prevention of child abuse and neglect;
(2) family preservation;
(3) facilitative, supportive, and reunification services;
(4) out-of-home placement for children removed from the home
for child protective purposes; and
(5) other activities and services approved by the
commissioner that further the goals of providing safety, permanency, and
well-being of American Indian children.
(e) When a tribe has initiated a project and has been
approved by the commissioner to assume child welfare responsibilities for
American Indian children of that tribe under this section, the affected county
social service agency is relieved of responsibility for responding to reports
of abuse and neglect under section 626.556 for those children during the time
within which the tribal project is in effect and funded. The commissioner shall work with tribes and
affected counties to develop procedures for data collection, evaluation, and
clarification of ongoing role and financial responsibilities of the county and
tribe for child welfare services prior to initiation of the project. Children who have not been identified by the
tribe as participating in the project shall remain the responsibility of the
county. Nothing in this section shall alter
responsibilities of the county for law enforcement or court services.
(f) The commissioner shall collect information on outcomes
relating to child safety, permanency, and well-being of American Indian
children who are served in the projects.
Participating tribes must provide information to the state in a format
and completeness deemed acceptable by the state to meet state and federal
reporting requirements.
Sec. 8. Minnesota
Statutes 2004, section 256.01, is amended by adding a subdivision to read:
Subd. 23.
[ANNUAL REPORT.] Beginning July 1, 2005, the commissioner shall
prepare an annual report of the number of eligible applicants who applied in
the prior calendar year for general assistance, under chapter 256D; MFIP, under
chapter 256J; and food support, under chapter 256D, who had not lived in
Minnesota for the 12 months prior to the application month. The report shall indicate the number of
applicants by state of prior residence or by the general category of foreign
country.
Sec. 9. Minnesota
Statutes 2004, section 256.741, subdivision 4, is amended to read:
Subd. 4. [EFFECT OF
ASSIGNMENT.] Assignments in this section take effect upon a determination that
the applicant is eligible for public assistance. The amount of support assigned under this subdivision may not
exceed the total amount of public assistance issued or the total support
obligation, whichever is less. Child
care support collections made according to an assignment under subdivision 2,
paragraph (c), must be deposited, subject to any limitations of federal law, by
the commissioner of human services in the child support collection account in
the special revenue fund and appropriated to the commissioner of education for
child care assistance under section 119B.03.
These collections are in addition to state and federal funds
appropriated to the child care in the general fund.
Sec. 10.
Minnesota Statutes 2004, section 256B.0924, subdivision 3, is amended to
read:
Subd. 3. [ELIGIBILITY.]
Persons are eligible to receive targeted case management services under this
section if the requirements in paragraphs (a) and (b) are met.
(a) The person must be assessed and determined by the local
county agency to:
(1) be age 18 or older;
(2) be receiving medical assistance;
(3) have significant functional limitations; and
(4) be in need of service coordination to attain or maintain
living in an integrated community setting.
(b) The person must be a vulnerable adult in need of adult
protection as defined in section 626.5572, or is an adult with mental
retardation as defined in section 252A.02, subdivision 2, or a related
condition as defined in section 252.27, subdivision 1a, and is not receiving
home and community-based waiver services, or is an adult who lacks a
permanent residence and who has been without a permanent residence for at least
one year or on at least four occasions in the last three years.
Sec. 11. Minnesota
Statutes 2004, section 256B.093, subdivision 1, is amended to read:
Subdivision 1. [STATE
TRAUMATIC BRAIN INJURY PROGRAM.] The commissioner of human services shall:
(1) maintain a statewide traumatic brain injury program;
(2) supervise and coordinate services and policies for persons
with traumatic brain injuries;
(3) contract with qualified agencies or employ staff to provide
statewide administrative case management and consultation;
(4) maintain an advisory committee to provide recommendations
in reports to the commissioner regarding program and service needs of persons
with traumatic brain injuries;
(5) investigate the need for the development of rules or
statutes for the traumatic brain injury home and community-based services
waiver;
(6) investigate present and potential models of service
coordination which can be delivered at the local level; and
(7) the advisory committee required by clause (4) must consist
of no fewer than ten members and no more than 30 members. The commissioner shall appoint all advisory
committee members to one- or two-year terms and appoint one member as chair. Notwithstanding section 15.059, subdivision
5, the advisory committee does not terminate until June 30, 2005 2008.
Sec. 12. Minnesota
Statutes 2004, section 256D.06, is amended by adding a subdivision to read:
Subd. 1d.
[STANDARD OF ASSISTANCE.] For a general assistance applicant who has
resided in the state for less than 90 days and who lives independently in the
community, the standard of assistance shall be 60 percent of the full
standard. The full standard of
assistance shall be available beginning the first day of either the month that the 90 days' residency is
completed if the 90th day occurs on or before the 15th of the month or the
following month if the 90th day occurs on the 16th of the month or after. The 30-day residence period in section
256D.02, subdivision 12a, shall count toward the 90-day payment standard.
Sec. 13. Minnesota
Statutes 2004, section 256D.06, subdivision 5, is amended to read:
Subd. 5. [ELIGIBILITY;
REQUIREMENTS.] (a) Any applicant, otherwise eligible for general
assistance and possibly eligible for maintenance benefits from any other source
shall (a) (1) make application for those benefits within 30 days
of the general assistance application; and (b) (2) execute an
interim assistance authorization agreement on a form as directed by the
commissioner.
(b) The commissioner shall review a denial of an
application for other maintenance benefits and may require a recipient of
general assistance to file an appeal of the denial if appropriate. If found eligible for benefits from other
sources, and a payment received from another source relates to the period
during which general assistance was also being received, the recipient shall be
required to reimburse the county agency for the interim assistance paid. Reimbursement shall not exceed the amount of
general assistance paid during the time period to which the other maintenance
benefits apply and shall not exceed the state standard applicable to that time
period.
(c) The commissioner shall adopt rules authorizing
county agencies or other client representatives to retain from the amount
recovered under an interim assistance agreement 25 percent plus actual
reasonable fees, costs, and disbursements of appeals and litigation, of
providing special assistance to the recipient in processing the recipient's
claim for maintenance benefits from another source. The may contract with the county agencies, qualified
agencies, organizations, or persons to provide advocacy and support services to
process claims for federal disability benefits for applicants or recipients of
services or benefits supervised by the commissioner using money retained
under this section shall be from the state share of the recovery. The commissioner or the county agency may
contract with qualified persons to provide the special assistance.
(d) The rules adopted by the commissioner shall
include the may provide methods by which county agencies shall
identify, refer, and assist recipients who may be eligible for benefits under
federal programs for the disabled. This
subdivision does not require repayment of per diem payments made to shelters
for battered women pursuant to section 256D.05, subdivision 3.
(e) The total amount of interim assistance recoveries
retained under this section for advocacy, support, and claim processing
services shall not exceed 35 percent of the interim assistance recoveries in
the prior fiscal year.
Sec. 14. Minnesota
Statutes 2004, section 256D.06, subdivision 7, is amended to read:
Subd. 7. [SSI
CONVERSIONS AND BACK CLAIMS.] (a) [SSI
CONVERSIONS.] The commissioner of human services shall contract with agencies
or organizations capable of ensuring that clients who are presently receiving
assistance under sections 256D.01 to 256D.21, and who may be eligible for
benefits under the federal Supplemental Security Income program, apply and,
when eligible, are converted to the federal income assistance program and made
eligible for health care benefits under the medical assistance program. The commissioner shall ensure that money
owing to the state under interim assistance agreements is collected.
(b) [BACK CLAIMS FOR
FEDERAL HEALTH CARE BENEFITS.] The commissioner shall also directly or through
contract implement procedures for collecting federal Medicare and medical
assistance funds for which clients converted to SSI are retroactively eligible.
(c) [ADDITIONAL
REQUIREMENTS.] The commissioner shall benefits and provide that
information to the local agency. The
commissioner shall modify the MAXIS computer system to provide information on
clients who have been on general assistance for two years or longer. The list of clients shall be provided to
local services for screening under this section. begin contracting contract
with agencies to ensure implementation of this section within 14 days after
April 29, 1992. County contracts
with providers for residential services shall include the requirement that
providers screen residents who may be eligible for federal
(d) [REPORT.] The
commissioner shall report to the legislature by January 15, 1993, on the
implementation of this section. The
report shall contain information on the following:
(1) the number of clients converted from general assistance
to SSI, by county;
(2) information on the organizations involved;
(3) the amount of money collected through interim assistance
agreements;
(4) the amount of money collected in federal Medicare or
Medicaid funds;
(5) problems encountered in processing conversions and back
claims; and
(6) recommended changes to enhance recoveries and maximize
the receipt of federal money in the most efficient way possible.
Sec. 15. Minnesota
Statutes 2004, section 256I.05, subdivision 1e, is amended to read:
Subd. 1e.
[SUPPLEMENTARY RATE FOR CERTAIN FACILITIES.] Notwithstanding the
provisions of subdivisions 1a and 1c, beginning July 1, 2001 2005,
a county agency shall negotiate a supplementary rate in addition to the rate
specified in subdivision 1, equal to 46 percent of the amount specified in
subdivision 1a not to exceed $700 per month, including any
legislatively authorized inflationary adjustments, for a group residential
housing provider that:
(1) is located in Hennepin County and has had a group
residential housing contract with the county since June 1996;
(2) operates in three separate locations a 71-bed 75-bed
facility, a 50-bed facility, and two 40-bed facilities a 26‑bed
facility; and
(3) serves a chemically dependent clientele, providing 24 hours
per day supervision and limiting a resident's maximum length of stay to 13
months out of a consecutive 24-month period.
Sec. 16. Minnesota
Statutes 2004, section 256J.12, subdivision 1, is amended to read:
Subdivision 1. [SIMPLE
RESIDENCY.] To be eligible for MFIP or DWP, an assistance unit must have
established residency in this state which means the assistance unit is present
in the state and intends to remain here.
A person who lives in this state and who entered this state with a job
commitment or to seek employment in this state, whether or not that person is
currently employed, meets the criteria in this subdivision.
Sec. 17. Minnesota
Statutes 2004, section 256J.12, is amended by adding a subdivision to read:
Subd. 5.
[RESIDENCY REQUIREMENT FOR DWP APPLICANTS.] Assistance to an eligible
DWP family unit in which all members have resided in this state for fewer than
90 consecutive days shall be paid at the standard specified in section 256J.95,
subdivision 21. The 30-day residence
period shall count toward the 90-day DWP residence requirement.
Sec. 18. Minnesota
Statutes 2004, section 256J.37, subdivision 3a, is amended to read:
Subd. 3a. [RENTAL
SUBSIDIES; UNEARNED INCOME.] (a) Effective July 1, 2003, The county
agency shall count $50 $200 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 $50 $200. 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.
(d) Prior to implementing this provision, the commissioner must
identify the MFIP participants subject to this provision and provide written
notice to these participants at least 30 days before the first grant
reduction. The notice must inform the
participant of the basis for the potential grant reduction, the exceptions to
the provision, if any, and inform the participant of the steps necessary to
claim an exception. A person who is
found not to meet one of the exceptions to the provision must be notified and
informed of the right to a fair hearing under section 256J.40. The notice must also inform the participant
that the participant may be eligible for a rent reduction resulting from a
reduction in the MFIP grant and encourage the participant to contact the local
housing authority.
[EFFECTIVE DATE.] This
section is effective the first day of the second month after the date of
approval by the United States Department of Agriculture.
Sec. 19. Minnesota
Statutes 2004, section 256J.515, is amended to read:
256J.515 [OVERVIEW OF EMPLOYMENT AND TRAINING SERVICES.]
During the first meeting with participants, job counselors must
ensure that an overview of employment and training services is provided that:
(1) stresses the necessity and opportunity of immediate
employment;
(2) outlines the job search resources offered;
(3) outlines education or training opportunities available;
(4) describes the range of work activities, including
activities under section 256J.49, subdivision 13, clause (18), that are
allowable under MFIP to meet the individual needs of participants;
(5) explains the requirements to comply with an employment
plan;
(6) explains the consequences for failing to comply;
(7) explains the services that are available to support job
search and work and education; and
(8) provides referral information about shelters and programs
for victims of family violence and the time limit exemption for family violence
victims; and
(9) explains the probationary employment periods new
employees may serve after being hired and any assistance with job retention
services that may be available.
Failure to attend the overview of employment and training
services without good cause results in the imposition of a sanction under
section 256J.46.
An applicant who requests and qualifies for a family violence
waiver is exempt from attending a group overview. Information usually presented in an overview must be covered
during the development of an employment plan under section 256J.521,
subdivision 3.
Sec. 20. Minnesota
Statutes 2004, 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 104-193;
(5) median placement wage rate;
(6) caseload by months of TANF assistance;
(7) percent of MFIP and diversionary work program (DWP) 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 baseline 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. For purposes of measuring the
self-support index, participants under section 256J.425, subdivisions 2 and 3,
are excluded. The statistical
methodology shall control differences across counties in economic conditions
and demographics of the MFIP and DWP 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. For purposes of measuring
the work participation rate, participants under sections 256J.425, subdivisions
2 and 3; and 256J.561, subdivision 2, paragraph (d), clauses (2) and (3), and
subdivision 3, are excluded.
Sec. 21. Minnesota
Statutes 2004, section 256J.95, is amended by adding a subdivision to read:
Subd. 21.
[INTERSTATE PAYMENT STANDARDS.] (a) Effective July 1, 2005, the
amount of assistance paid to an eligible DWP family unit in which all members
have resided in this state for fewer than 90 consecutive days shall be
calculated according to paragraph (b).
(b) Payment must be calculated by applying DWP budgeting
policies, and the unit's net income must be deducted from the payment standard
in the state of immediate prior residence or Minnesota, whichever is less. Payments shall be vendor paid according to
subdivision 1, paragraph (d).
(c) The lesser payment must continue until the DWP family
unit meets the 90-day residency requirement.
A family unit that has not resided in Minnesota for 90 days is not
exempt from the payment provisions solely because a child is born in Minnesota
to a member of the family unit.
(d) Any eligible noncitizen who comes directly to Minnesota
from another country, and whose United States Citizenship and Immigration
Services (USCIS) settlement destination is Minnesota, will receive the amount
calculated using DWP policy and standards.
If the USCIS settlement destination is another state, apply the lesser
of the payment standard for that size family in the state of immediate prior
residence or the standards under DWP.
(e) The assistance unit shall be eligible for the full
amount of assistance based on DWP standards beginning either the month during
which the 90-day residency requirement is met, if the 90th day occurs on or
before the 15th of the month, or the following month if the 90th day occurs on
the 16th of the month or after.
(f) This policy applies whether or not the family unit
received similar benefits while residing in the state of immediate prior
residence.
(g) For the purposes of this section, "state of
immediate prior residence" means the state in which the applicant declares
the applicant spent the most time in the 30 days prior to moving to Minnesota.
(h) Applicants must provide verification of their state of
immediate prior residence, in the form of tax statements, a driver's license,
automobile registration, rent receipts, or other forms of verification approved
by the commissioner.
Sec. 22. Minnesota
Statutes 2004, section 256J.95, is amended by adding a subdivision to read:
Subd. 22.
[TEMPORARY ABSENCE FROM MINNESOTA.] For an assistance unit that has
met the 30-day residency requirements in section 256J.12, subdivisions 1 to 4,
the 90-day period in subdivision 21 is not affected by a subsequent absence
from Minnesota for fewer than 30 consecutive days, provided the family unit
maintains a residence in Minnesota.
Sec. 23. Minnesota
Statutes 2004, section 256J.95, is amended by adding a subdivision to read:
Subd. 23.
[INELIGIBLE MANDATORY UNIT MEMBERS.] The 90-day residency requirement
in subdivision 21 does not apply if the family unit includes an ineligible
mandatory family unit member who has resided in Minnesota for 90 consecutive
days immediately before the unit's date of application.
Sec. 24. [256K.26]
[LONG-TERM HOMELESS SUPPORTIVE SERVICES.]
Subdivision 1.
[ESTABLISHMENT AND PURPOSE.] The commissioner shall establish the
long-term homeless supportive services fund to provide integrated services
needed to stabilize individuals, families, and youth living in supportive
housing developed to further the goals set forth in Laws 2003, chapter 128,
article 15, section 9.
Subd. 2. [IMPLEMENTATION.] The commissioner, in consultation with the
commissioners of the Department of Corrections and the Minnesota Housing
Finance Agency, counties, providers and funders of supportive housing and
services, shall develop application requirements and make funds available
according to this section, with the goal of providing maximum flexibility in
program design.
Subd. 3.
[DEFINITIONS.] For purposes of this section, the following terms have
the meanings given:
(1) "long-term homelessness" means lacking a
permanent place to live continuously for one year or more or at least four
times in the past three years; and
(2) "household" means an individual, family, or
unaccompanied minor experiencing long-term homelessness.
Subd. 4. [COUNTY
ELIGIBILITY.] Counties are eligible for funding under this section. Priority will be given to proposals
submitted on behalf of multicounty partnerships.
Subd. 5.
[CONTENT OF PROPOSALS.] Proposals will be evaluated on the extent to
which they:
(1) include partnerships with providers of services or other
partners;
(2) develop strategies to enhance housing stability for
people experiencing long-term homelessness by integrating services and
establishing consistent services and procedures across jurisdictions as
appropriate;
(3) evidence a commitment to working with the commissioners
of human services, corrections, and the Housing Finance Agency to identify
appropriate households to be served under this section and serve households as
defined in subdivision 3. The
commissioner may also set criteria for serving people at significant risk of
experiencing long-term homelessness, with a priority on serving families with
minor children;
(4) ensure that projects make maximum use of mainstream
resources, including employment, social, and health services, and leverage
additional public and private resources in order to serve the maximum number of
households;
(5) demonstrate cost-effectiveness by identifying and
prioritizing those services most necessary for housing stability; and
(6) evaluate and report on outcomes of the projects
according to protocols developed by the commissioner of human services in
cooperation with the commissioners of corrections and the Housing Finance
Agency. Evaluation would include
methods for determining the quality of the integrated service approach,
improvement in outcomes, cost savings, or reduction in service disparities that
may result.
Subd. 6.
[OUTCOMES.] Projects will be selected to further the following
outcomes:
(1) reduce the number of Minnesota individuals and families
that experience long-term homelessness;
(2) increase the number of housing opportunities with
supportive services;
(3) develop integrated, cost-effective service models that
address the multiple barriers to obtaining housing stability faced by people
experiencing long-term homelessness, including abuse, neglect, chemical
dependency, disability, chronic health problems, or other factors including
ethnicity and race that may result in poor outcomes or service disparities;
(4) encourage partnerships among counties, community
agencies, schools, and other providers so that the service delivery system is
seamless for people experiencing long-term homelessness;
(5) increase employability,
self-sufficiency, and other social outcomes for individuals and families
experiencing long-term homelessness; and
(6) reduce inappropriate use of emergency health care,
shelter, chemical dependency, foster care, child protection, corrections, and
similar services used by people experiencing long-term homelessness.
Subd. 7.
[ELIGIBLE SERVICES.] Services eligible for funding under this section
are all services needed to maintain households in permanent supportive housing,
as determined by the county or counties administering the project or projects.
Subd. 8.
[FAMILIES EXPERIENCING LONG-TERM HOMELESSNESS.] The commissioner, in
consultation with the commissioners of housing finance and corrections, shall
assess whether the definition of long-term homelessness impacts the ability of
families with minor children experiencing homelessness to obtain services
necessary to support housing stability.
Sec. 25. Minnesota
Statutes 2004, section 260.835, is amended to read:
260.835 [AMERICAN INDIAN CHILD WELFARE ADVISORY COUNCIL.]
Subdivision 1.
[CREATION.] The commissioner shall appoint an American Indian Advisory
Council to help formulate policies and procedures relating to Indian child
welfare services and to make recommendations regarding approval of grants
provided under section 260.785, subdivisions 1, 2, and 3. The council shall consist of 17 members
appointed by the commissioner and must include representatives of each of the
11 Minnesota reservations who are authorized by tribal resolution, one
representative from the Duluth Urban Indian Community, three representatives
from the Minneapolis Urban Indian Community, and two representatives from the
St. Paul Urban Indian Community.
Representatives from the urban Indian communities must be selected
through an open appointments process under section 15.0597. The terms, compensation, and removal of
American Indian Child Welfare Advisory Council members shall be as provided in
section 15.059.
Subd. 2.
[EXPIRATION.] Notwithstanding section 15.059, subdivision 5, the
American Indian Child Welfare Advisory Council expires June 30, 2008.
[EFFECTIVE DATE.] This
section is effective retroactively from June 30, 2003.
Sec. 26. [STUDY OF
ECONOMIC IMPACT OF CHILD SUPPORT GUIDELINES.]
Subdivision 1.
[STUDY.] The commissioner of human services shall employ a private
provider of policy studies to conduct an economic analysis of the child support
guidelines contained in this act to evaluate:
(1) whether the guidelines fairly represent the cost of
raising children for the respective parental income levels, excluding medical
support, child care, and education costs;
(2) whether the standards for medical support and child care
costs fairly apportion those costs between the parents, after consideration of
the respective tax benefits; and
(3) whether the guidelines fairly reflect each parent's
ability to provide for basic housing needs.
The results of the study shall be completed by no later than
January 30, 2006. The private provider
must have experience in evaluating or establishing child support guidelines,
using the income shares approach, in other states.
Sec. 27.
[REPEALER.]
(a) Laws 2003, First Special Session chapter 14, article 9,
section 34, is repealed.
(b) Minnesota Statutes 2004, sections 119B.074 and 256D.54,
subdivision 3, are repealed.
(c) Minnesota Rules, parts 9500.1254 and 9500.1256, are
repealed.
ARTICLE
6
JOBS
AND ECONOMIC DEVELOPMENT SUPPLEMENTAL APPROPRIATIONS
Section 1. [JOBS AND
ECONOMIC DEVELOPMENT SUPPLEMENTAL APPROPRIATIONS.]
The appropriations in this article are available after House
File No. 1664 is passed by the house of representatives and are added to the
appropriations in article 1.
The shown sums 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 "2006" and "2007," where used in this article, mean
that the appropriation or appropriations listed under them are available for
the fiscal year ending June 30, 2006, or June 30, 2007, respectively. The term "first year" means the
fiscal year ending June 30, 2006, and the term "second year" means
the fiscal year ending June 30, 2007.
Sec. 2. EMPLOYMENT AND
ECONOMIC DEVELOPMENT
Subdivision 1. Total
Appropriation $2,921,000
$2,921,000
The amounts that may be spent from this
appropriation for each program are specified in the following subdivisions.
Subd. 2. Workforce
Partnerships 500,000 500,000
$500,000 the first year and $500,000 the
second year are for a grant under Minnesota Statutes, section 116J.8747, to
Twin Cities RISE! to provide training to hard-to-train individuals.
Subd. 3. Workforce
Services 2,421,000 2,421,000
(a) $1,600,000 the first year and $1,600,000
the second year are for extended employment services for persons with severe
disabilities or related conditions under Minnesota Statutes, section 268A.15.
(b) $821,000 the first year and $821,000 the
second year are for grants for programs that provide employment support to
persons with mental illness under Minnesota Statutes, sections 268A.13 and
268A.14. Up to $43,000 each year may be
used for administrative and salary expenses.
Sec. 3.
HOUSING FINANCE AGENCY 6,500,000
This appropriation is available in the second year
and is for the economic development and housing challenge program under
Minnesota Statutes, section 462A.33.
This is a onetime appropriation and is not to be added to the department's
base.
ARTICLE 7
HUMAN SERVICES SUPPLEMENTAL APPROPRIATIONS
Section 1. [HUMAN
SERVICES SUPPLEMENTAL APPROPRIATIONS.]
The appropriations in this
article are available after House File No. 1664 is passed by the house of
representatives and are added to the
appropriations in article 3.
The shown sums 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 "2006" and "2007," where used in this article, mean
that the appropriation or appropriations listed under them are available for
the fiscal year ending June 30, 2006, or June 30, 2007, respectively. The term "first year" means the
fiscal year ending June 30, 2006, and the term "second year" means
the fiscal year ending June 30, 2007.
Sec. 2. CHILDREN AND ECONOMIC
ASSISTANCE GRANTS
Subdivision 1. Total
Appropriation $1,403,000
$1,255,000
Subd.
2. Child Care Assistance Provider Reimbursement Rate Grant Program
$1,403,000 the first year and $1,255,000 the second
year are appropriated from the general fund for the child care assistance
provider reimbursement rate grant program under section 3. This is a onetime appropriation and is not
to be added to the department's base.
Sec. 3. [CHILD CARE
ASSISTANCE PROVIDER REIMBURSEMENT RATE GRANT PROGRAM.]
Subdivision 1.
[PURPOSE AND ESTABLISHMENT.] The commissioner of human services shall
establish a child care assistance provider reimbursement rate grant program for
the purpose of allowing certain providers to be reimbursed at rates above the
75th percentile of the market rate as established by the most current market
rate survey under Minnesota Statutes, section 119B.13, and published by the
Department of Human Services. These
providers must be reimbursed at a rate more closely aligned with the actual
cost of care in order to maintain child care capacity in nonmetropolitan areas
of Minnesota. For purposes of this
section, "nonmetropolitan" means all Minnesota counties with the
exceptions of Anoka, Carver, Dakota, Hennepin, Olmsted, Ramsey, St. Louis,
Scott, Stearns, and Washington.
Subd. 2.
[PROVIDER ELIGIBILITY.] (a) A nonmetropolitan child care center
providing legal child care services as defined under Minnesota Statutes,
section 245A.03, is eligible for the grant program established under this
section if the center or facility is limited to reimbursement at or less than
$160 per week for any age category, as published by the Department of Human
Services, for services provided to families receiving child care assistance
under Minnesota Statutes, chapter 119B.
(b) A nonmetropolitan licensed family child care home
providing legal child care services as defined under Minnesota Statutes,
section 245A.03, is eligible for the grant program established under this
section if the individual is limited to reimbursement at or less than $115 per
week for any age category, as published by the Department of Human Services,
for services provided to families receiving child care assistance under
Minnesota Statutes, chapter 119B.
Subd. 3.
[APPLICATION PROCEDURE.] Child care providers may apply to the
commissioner of human services, or the commissioner's designee, for the child
care assistance provider reimbursement rate grant program on the forms and
according to the timelines established by the commissioner. The commissioner, or the commissioner's
designee, has 30 calendar days from the date of receipt of an application to
notify the applicant of the eligibility determination.
Subd. 4.
[PROVIDER REIMBURSEMENT RATES.] Notwithstanding Minnesota Statutes,
section 119B.13, subdivision 1, and Laws 2003, First Special Session chapter
14, article 9, section 34, and to the extent funds are available, the
commissioner of human services shall reimburse child care providers who the
commissioner or the commissioner's designee has determined eligible under
subdivision 2, for care provided to families receiving child care assistance
under Minnesota Statutes, chapter 119B, at a rate that is the lesser of (1) the
rate charged to private pay families, or (2) the 100th percentile of the most
current market rate survey.
Notwithstanding any law or rule to the contrary, providers under this
section may be reimbursed on a half-day basis.
Grant program reimbursements to providers under this section may be made
retroactive to the day following final enactment.
Subd. 5. [SUNSET
DATE.] The grant program under this section sunsets on June 30, 2007.
ARTICLE
8
REGULATION
OF SERVICE CONTRACTS
Section 1. [59B.01]
[SCOPE AND PURPOSE.]
(a) The purpose of this chapter is to create a legal
framework within which service contracts may be sold in this state.
(b) The following are exempt from this chapter:
(1) warranties;
(2) maintenance agreements;
(3) warranties, service contracts, or maintenance agreements
offered by public utilities or their affiliates;
(4) service contracts sold or offered for sale to persons other
than consumers;
(5) service contracts on tangible property where the
tangible property for which the service contract is sold has a purchase price
of $250 or less exclusive of sales tax; and
(6) motor vehicle service contracts as defined in section
65B.29, subdivision 1, paragraph (1).
(c) The types of agreements referred to in paragraph (b) are
not subject to chapters 60A to 79A, except as otherwise specifically provided
by law.
Sec. 2. [59B.02]
[DEFINITIONS.]
Subdivision 1.
[TERMS.] For the purposes of this chapter, the terms defined in this
section have the meanings given them.
Subd. 2.
[ADMINISTRATOR.] "Administrator" means the person who is
responsible for the administration of the service contracts or the service
contracts plan or who is responsible for any filings required by this chapter.
Subd. 3.
[COMMISSIONER.] "Commissioner" means the commissioner of
commerce.
Subd. 4.
[CONSUMER.] "Consumer" means a natural person who buys,
other than for purposes of resale, any tangible personal property that is
distributed in commerce and that is normally used for personal, family, or
household purposes and not for business or research purposes.
Subd. 5.
[MAINTENANCE AGREEMENT.] "Maintenance agreement" means a
contract of limited duration that provides for scheduled maintenance only.
Subd. 6.
[PERSON.] "Person" means an individual, partnership,
corporation, incorporated or unincorporated association, joint stock company,
reciprocal, syndicate, or any similar entity or combination of entities acting
in concert.
Subd. 7.
[PREMIUM.] "Premium" means the consideration paid to an
insurer for a reimbursement insurance policy.
Subd. 8.
[PROVIDER.] "Provider" means a person who is contractually
obligated to the service contract holder under the terms of the service
contract.
Subd. 9.
[PROVIDER FEE.] "Provider fee" means the consideration paid
for a service contract.
Subd. 10.
[REIMBURSEMENT INSURANCE POLICY.] "Reimbursement insurance
policy" means a policy of insurance issued to a provider to either provide
reimbursement to the provider under the terms of the insured service contracts
issued or sold by the provider or, in the event of the provider's
nonperformance, to pay on behalf of the provider all covered contractual
obligations incurred by the provider under the terms of the insured service
contracts issued or sold by the provider.
Subd. 11.
[SERVICE CONTRACT.] "Service contract" means a contract or
agreement for a separately stated consideration for a specific duration to
perform the repair, replacement, or maintenance of property or indemnification
for repair, replacement, or maintenance, for the operational or structural
failure due to a defect in materials, workmanship, or normal wear and tear,
with or without additional provisions for incidental payment of indemnity under
limited circumstances. Service
contracts may provide for the repair, replacement, or maintenance of property
for damage resulting from power surges and accidental damage from handling.
Subd. 12.
[SERVICE CONTRACT HOLDER OR CONTRACT HOLDER.] "Service contract
holder" or "contract holder" means a person who is the purchaser
or holder of a service contract.
Subd. 13.
[WARRANTY.] "Warranty" means a warranty made solely by the
manufacturer, importer, or seller of property or services without
consideration, that is not negotiated or separated from the sale of the
product, and is incidental to the sale of the product, that guarantees
indemnity for defective parts, mechanical or electrical breakdown, labor, or
other remedial measures, such as repair or replacement of the property or
repetition of services.
Sec. 3. [59B.03]
[REQUIREMENTS FOR TRANSACTING BUSINESS.]
Subdivision 1.
[APPOINTMENT OF ADMINISTRATOR.] A provider may, but is not required
to, appoint an administrator or other designee to be responsible for any or all
of the administration of service contracts and compliance with this chapter.
Subd. 2.
[CONTRACT COPIES AND RECEIPTS.] Service contracts must not be issued,
sold, or offered for sale in this state unless the provider has:
(1) provided a receipt for, or other written evidence of,
the purchase of the service contract to the contract holder;
(2) provided a copy of the service contract to the service
contract holder within a reasonable period of time from the date of purchase;
and
(3) complied with this chapter.
Subd. 3.
[REGISTRATION.] Each provider of service contracts sold in this state
shall file a registration with the commissioner on a form prescribed by the
commissioner. Each provider shall pay
to the commissioner a fee in the amount of $750 annually.
Subd. 4.
[FINANCIAL REQUIREMENTS.] In order to ensure the faithful performance
of a provider's obligations to its contract holders, each provider is responsible
for complying with the requirements of one of the following:
(1) insure all service contracts under a reimbursement
insurance policy issued by an insurer authorized to transact insurance in this
state, a risk retention group, as that term is defined in United States Code,
title 15, section 3901(A)(4), as long as that risk retention group is in full
compliance with the federal Liability Risk Retention Act of 1986, United States
Code, title 15, section 3901, et al., or issued pursuant to sections 60A.195 to
60A.209, and either:
(i) the insurer or risk retention group shall, at the time
the policy is filed with the commissioner, and continuously thereafter,
maintain surplus as to policyholders and paid-in capital of at least
$15,000,000, and annually file audited financial statements with the
commissioner; or
(ii) the commissioner may authorize an insurer or risk
retention group that has surplus as to policyholders and paid-in capital of
less than $15,000,000 but at least equal to $10,000,000 to issue the insurance
required by this section if the insurer or risk retention group demonstrates to
the satisfaction of the commissioner that the company maintains a ratio of
direct written premiums, wherever written, to surplus as to policyholders and
paid-in capital of not greater than 3 to 1; or
(2)(i) maintain a funded reserve account for obligations
under contracts issued and outstanding in this state. The reserves must not be less than 40 percent of gross
consideration received, less claims paid, on the sale of the service contract
for all in-force contracts. The reserve
account is subject to examination and review by the commissioner; and
(ii) place in trust with the commissioner a financial
security deposit, having a value of not less than five percent of the gross
consideration received, less claims paid, on the sale of the service contract
for all service contracts issued and in force, but not less than $25,000,
consisting of one of the following:
(A) a surety bond issued by an authorized surety;
(B) securities of the type eligible for deposit by
authorized insurers in this state;
(C) cash;
(D) a letter of credit issued by a qualified financial
institution containing an evergreen clause which prevents the expiration of the
letter without due notice from the issuer; or
(E) another form of security prescribed by rules of the
commissioner; or
(3)(i) maintain, or its parent company maintain, a net worth
or stockholders' equity of $100,000,000; and
(ii) upon request, provide the commissioner with a copy of
the provider's or the provider's parent company's most recent Form 10-K or Form
20-F filed with the Securities and Exchange Commission (SEC) within the last
calendar year, or if the company does not file with the SEC, a copy of the
company's audited financial statements, which shows a net worth of the provider
or its parent company of at least $100,000,000. If the provider's parent company's Form 10-K, Form 20-F, or
audited financial statements are filed to meet the provider's financial
stability requirement, then the parent company shall agree to guarantee the
obligations of the provider relating to service contracts sold by the provider
in this state.
Subd. 5. [RIGHT
OF RETURN.] Service contracts must require the provider to permit the
service contract holder to return the service contract within 20 days of the
date the service contract was mailed to the service contract holder or within
ten days of delivery if the service contract is delivered to the service
contract holder at the time of sale or within a longer time period permitted
under the service contract. Upon return
of the service contract to the provider within the applicable time period, if
no claim has been made under the service contract before its return to the
provider, the service contract is void and the provider shall refund to the
service contract holder, or credit the account of the service contract holder,
with the full purchase price of the service contract. The right to void the service contract provided in this paragraph
is not transferable and applies only to the original service contract
purchaser, and only if no claim has been made before its return to the
provider. A ten percent penalty per
month must be added to a refund that is not paid or credited within 45 days
after return of the service contract to the provider.
Subd. 6.
[PREMIUM TAXES.] (a) Provider fees collected on service contracts are
not subject to premium taxes.
(b) Premiums for reimbursement insurance policies are
subject to applicable taxes.
Subd. 7.
[LICENSING EXEMPTION.] Except for the registration requirements in
subdivision 3, providers and related service contract sellers, administrators,
and other persons marketing, selling, or offering to sell service contracts are
exempt from any licensing requirements of this state.
Subd. 8.
[INSURANCE EXEMPTION.] The marketing, sale, offering for sale,
issuance, making, proposing to make, and administration of service contracts by
providers and related service contract sellers, administrators, and other
persons are exempt from all other provisions of the insurance laws of this
state, except as provided in section 72A.20, subdivision 38.
Sec. 4. [59B.04]
[REQUIRED DISCLOSURES; REIMBURSEMENT INSURANCE POLICY.]
Subdivision 1.
[RIGHT TO PAYMENT OR REIMBURSEMENT.] Reimbursement insurance policies
insuring service contracts issued, sold, or offered for sale in this state
shall state that the insurer that issued the reimbursement insurance policy
shall either reimburse or pay on behalf of the provider any covered sums the
provider is legally obligated to pay or, in the event of the provider's
nonperformance, shall provide the service which the provider is legally
obligated to perform according to the provider's contractual obligations under
the service contracts issued or sold by the provider.
Subd. 2. [RIGHT
TO APPLY TO COMPANY.] In the event covered service is not provided by the
service contract provider within 60 days of proof of loss by the service
contract holder, the contract holder is entitled to apply directly to the
reimbursement insurance company.
Sec. 5. [59B.05]
[REQUIRED DISCLOSURE; SERVICE CONTRACTS.]
Subdivision 1.
[READABILITY AND GENERAL DISCLOSURE.] Service contracts marketed,
sold, offered for sale, issued, made, proposed to be made, or administered in
this state must be written, printed, or typed in clear, understandable language
that is easy to read and must disclose the requirements set forth in this
section, as applicable.
Subd. 2. [IDENTITIES
OF PARTIES.] Service contracts must state the name and address of the
provider, and must identify any administrator if different from the provider,
the service contract seller, and the service contract holder to the extent that
the name of the service contract holder has been furnished by the service
contract holder. The identities of the
parties are not required to be preprinted on the service contract and may be
added to the service contract at the time of sale.
Subd. 3. [TOTAL
PURCHASE PRICE AND SALES TERMS.] Service contracts must state the total
purchase price and the terms under which the service contract is sold. The purchase price is not required to be
preprinted on the service contract and may be negotiated at the time of sale
with the service contract holder.
Subd. 4.
[DEDUCTIBLES.] Service contracts must state the existence of any
deductible amount, if applicable.
Subd. 5.
[COVERAGES, LIMITATIONS, AND EXCLUSIONS.] No particular causes of
loss or property are required to be covered, but service contracts must specify
the merchandise and services to be provided and, with equal prominence, any
limitations, exceptions, or exclusions including, but not limited to, any
damage or breakdown not covered by the service contract.
Subd. 6.
[RESTRICTIONS ON TRANSFERABILITY.] Service contracts must state any
restrictions governing the transferability of the service contract, if
applicable.
Subd. 7.
[CANCELLATION TERMS.] Service contracts must state the terms,
restrictions, or conditions governing cancellation of the service contract
prior to the termination or expiration date of the service contract by either
the provider or the service contract holder.
The provider of the service contract shall mail a written notice to the
contract holder at the last known address of the service contract holder
contained in the records of the provider at least 15 days before cancellation
by the provider. Five days' notice is
required if the reason for cancellation is nonpayment of the provider fee, a material
misrepresentation by the service contract holder to the provider, or a
substantial breach of duties by the service contract holder relating to the
covered product or its use. The notice
must state the effective date of the cancellation and the reason for the
cancellation.
Subd. 8. [DUTIES
OF CONTRACT HOLDER.] Service contracts must set forth all of the obligations
and duties of the service contract holder, such as the duty to protect against
any further damage and any requirement to follow the owner's manual.
Subd. 9.
[EXCLUSIONS; CONSEQUENTIAL DAMAGES AND PREEXISTING CONDITIONS.] Service
contracts may exclude coverage for consequential damages or preexisting
conditions. These exclusions, if
applicable, must be stated in the contract.
Sec. 6.
[59B.06] [ADDITIONAL REQUIRED DISCLOSURE; SERVICE CONTRACTS.]
Subdivision 1.
[INSURANCE DISCLOSURE.] Service contracts insured under a
reimbursement insurance policy pursuant to section 59B.03, subdivision 4,
clause (1), must contain a statement in substantially the following form: "Obligations of the provider under this
service contract are insured under a service contract reimbursement insurance
policy." The service contract must
also state the name and address of the insurer.
Subd. 2. [DISCLOSURE
OF NO INSURANCE.] Service contracts not insured under a reimbursement
insurance policy pursuant to section 59B.03, subdivision 4, clause (1), must
contain a statement in substantially the following form: "Obligations of the provider under this
service contract are backed by the full faith and credit of the provider."
Sec. 7. [59B.07]
[PROHIBITED ACTS.]
Subdivision 1.
[DECEPTIVE NAMES.] A provider shall not use in its name the words
insurance, casualty, surety, mutual, or any other words descriptive of the
insurance, casualty, or surety business; or a name deceptively similar to the
name or description of any insurance or surety corporation, or to the name of
any other provider. The word
"guaranty" or similar word may be used by a provider. This section does not apply to a company that
was using any of the prohibited language in its name before the effective date
of this chapter. However, a company
using the prohibited language in its name shall include in its service
contracts a statement in substantially the following form: "This agreement is not an insurance
contract."
Subd. 2. [FALSE
OR MISLEADING STATEMENTS.] A provider or its representative shall not in its
service contracts, literature, or otherwise make, permit, or cause to be made
any false or misleading statement or omit any material statement that would be
considered misleading if omitted.
Subd. 3.
[REQUIRED PURCHASE.] A person, such as a bank, savings association,
lending institution, manufacturer, or seller of any product shall not require
the purchase of a service contract as a condition of a loan or a condition for
the sale of any property.
Sec. 8. [59B.08]
[RECORD-KEEPING REQUIREMENTS.]
Subdivision 1.
[GENERALLY.] The provider shall keep accurate accounts, books, and
records concerning transactions regulated under this chapter.
The provider's accounts, books, and records include the
following:
(1) copies of each type of service contracts sold;
(2) the name and address of each service contract holder to the
extent that the name and address have been furnished by the service contract
holder;
(3) a list of the locations where service contracts are
marketed, sold, or offered for sale; and
(4) written claims files which shall contain sufficient
information for the commissioner to ascertain whether a claim has been adjusted
in conformity with the terms of the service contract, including at least the
dates and description of claims related to the service contracts.
Subd. 2.
[RETENTION.] (a) Except as provided in paragraph (b), the provider
shall retain all records required to be maintained by this section for at least
three years after the specified period of coverage has expired.
(b) A provider discontinuing business
in this state shall maintain its records until it furnishes the commissioner
satisfactory proof that it has discharged all obligations to contract holders
in this state.
Subd. 3.
[MEDIUM.] The records required by this chapter may be, but are not
required to be, maintained on a computer disk or other record-keeping
technology. If the records are
maintained in other than hard copy, the records must be capable of duplication
to legible hard copy at the request of the commissioner.
Sec. 9. [59B.09]
[TERMINATION OF REIMBURSEMENT INSURANCE POLICY.]
An insurer that issued a reimbursement insurance policy may
not terminate the policy unless the insurer mails or delivers written notice of
the termination to the commissioner at least 30 days before the effective date
of termination. The termination of a
reimbursement insurance policy does not reduce the issuer's responsibility for
service contracts issued by providers before the date of the termination.
Sec. 10. [59B.10]
[OBLIGATION OF REIMBURSEMENT INSURANCE POLICY INSURERS.]
Insurers issuing reimbursement insurance to providers are
deemed to have received the premiums for the insurance upon the payment of
provider fees by consumers for service contracts issued by the insured
providers.
Nothing in this chapter prevents or limits the right of an
insurer which issued a reimbursement insurance policy to seek indemnification
or subrogation against a provider if the issuer pays or is obligated to pay the
service contract holder sums that the provider was obligated to pay pursuant to
the provisions of the service contract.
Sec. 11. [59B.11]
[SEVERABILITY PROVISION.]
If any provision of this chapter or the application of the
provision to any person or circumstances are held invalid, the remainder of
this chapter and the application of the provision to person or circumstances
other than those as to which it is held invalid, must not be affected.
Sec. 12. Minnesota
Statutes 2004, section 72A.20, is amended by adding a subdivision to read:
Subd. 38.
[UNFAIR CLAIMS SERVICE; SERVICE CONTRACTS.] No person shall, in
connection with a service contract regulated under chapter 59B:
(1) attempt to settle claims on the basis of an application
or any other material document which was altered without notice to, or
knowledge or consent of, the service contract holder;
(2) make a material misrepresentation to the warranty holder
for the purpose and with the intent of effecting settlement of the claims,
loss, or damage under the contract on less favorable terms than those provided
in, and contemplated by, the contract; or
(3) commit or perform with such frequency as to indicate a
general business practice any of the following practices:
(i) failure to properly investigate claims;
(ii) misrepresentation of pertinent facts or contract
provisions relating to coverages at issue;
(iii) failure to acknowledge and act upon communications
within a reasonable time with respect to claims;
(iv) denial of claims without conducting reasonable
investigations based upon available information;
(v) failure to affirm or deny coverage
of claims upon written request of the warranty holder within a reasonable time
after proof-of-loss statements have been completed; or
(vi) failure to timely provide a reasonable explanation to
the warranty holder of the basis in the contract in relation to the facts or
applicable law for denial of a claim or for the offer of a compromise
settlement.
Sec. 13. [EFFECTIVE
DATE.]
Sections 1 to 12 are effective January 1, 2006, and apply to
service contracts issued on or after that date. A provider transacting business in this state on or before the
date of the enactment of this chapter, which submits an application for
registration as a provider under Minnesota Statutes, section 59B.03,
subdivision 3, within 30 days after the commissioner makes the application
available, may continue to transact business in this state until final agency
action is taken by the commissioner regarding the registration application and
all rights to administrative and judicial review related to that final agency
action have been exhausted or have expired.
ARTICLE
9
SUPPLEMENTAL
APPROPRIATIONS
Section 1.
[SUPPLEMENTAL APPROPRIATIONS.]
The provisions in this article are effective after H. F. No.
2427 is passed by the house of representatives and are added to the
appropriations in article 3.
Sec. 2. [AMENDMENT.]
H. F. No. 2427 is amended on page 2, line 5, by deleting
".00014" and inserting ".000112"
Sec. 3. Minnesota
Statutes 2004, section 256K.35, is amended by adding a subdivision to read:
Subd. 5.
[APPROPRIATION.] An amount equal to the proceeds of the deed tax
under section 287.21, subdivision 1, paragraph (b), clause (3), on .000028 of
the net consideration is appropriated from the general fund to the commissioner
of human services for at risk youth out-of-wedlock pregnancy prevention grants
under this section. A minimum of 35
percent of these grant funds must be awarded to eligible applicants located
outside of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington
Counties."
Delete the title and insert:
"A bill for an act relating to state government;
appropriating money for jobs, economic development, and human services
purposes; establishing and modifying certain programs; providing for accounts,
assessments and fees; making changes to programs for children and families;
amending Minnesota Statutes 2004, sections 41A.09, subdivision 2a; 60A.14,
subdivision 1; 60K.55, subdivision 2; 72A.20, by adding a subdivision; 72B.04,
subdivision 10; 82B.09, subdivision 1; 115C.07, subdivision 3; 115C.09,
subdivision 3h; 115C.13; 116C.779, subdivision 2; 116J.551, subdivision 1;
116J.571; 116J.572; 116J.574; 116J.575, as amended; 116J.63, subdivision 2;
116J.8731, subdivision 5; 116J.8747, subdivision 2; 116J.994, subdivisions 7,
9; 116L.03, subdivision 2; 116L.05, by adding a subdivision; 116L.17,
subdivision 1; 116L.20, subdivision 2; 119B.02, by adding a subdivision;
119B.13, subdivision 1, by adding a subdivision; 183.41, by adding a
subdivision; 183.411, subdivisions 2a, 3; 183.42; 183.44, subdivision 1;
183.51, subdivision 2, by adding a subdivision; 183.545; 183.57; 216C.41,
subdivisions 2, 5, 5a; 237.11; 237.295, subdivisions 1, 2; 239.011, subdivision
2; 239.05, subdivision 10b, by adding a subdivision; 239.09; 239.101,
subdivision 3; 239.75, subdivisions 1, 5; 239.761; 239.77, by adding a
subdivision; 239.79, subdivision 4; 239.791, subdivisions 1, 7, 8, 15; 239.792;
245A.10, subdivision 4; 254A.035, subdivision 2; 254A.04;
256.01, by adding subdivisions; 256.741, subdivision 4; 256B.0924, subdivision
3; 256B.093, subdivision 1; 256D.06, subdivisions 5, 7, by adding a
subdivision; 256I.05, subdivision 1e; 256J.12, subdivision 1, by adding a
subdivision; 256J.37, subdivision 3a; 256J.515; 256J.751, subdivision 2;
256J.95, by adding subdivisions; 256K.35, by adding a subdivision; 260.835;
268.19, subdivision 1; 296A.01, subdivisions 2, 7, 8, 14, 19, 20, 22, 23, 24,
25, 26, 28; 298.22, by adding a subdivision; 326.975, subdivision 1; 345.47,
subdivisions 3, 3a; 373.40, subdivisions 1, 3; 462A.05, subdivision 3a;
462A.33, subdivision 2; 517.08, subdivisions 1b, 1c; Laws 1999, chapter 224,
section 7, as amended; proposing coding for new law in Minnesota Statutes,
chapters 45; 116L; 237; 256K; 325F; proposing coding for new law as Minnesota
Statutes, chapter 59B; repealing Minnesota Statutes 2004, sections 45.0295;
116J.573; 116J.58, subdivision 3; 116L.05, subdivision 4; 119B.074; 239.05,
subdivisions 6a, 6b; 256D.54, subdivision 3; 462C.15; Laws 2003, First Special
Session chapter 14, article 9, section 34; Minnesota Rules, parts 9500.1254;
9500.1256."
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.
SECOND READING OF HOUSE BILLS
H. F. No. 944 was read for the second time.
SECOND READING OF SENATE BILLS
S. F. Nos. 493 and 1335 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Rukavina and Sertich introduced:
H. F. No. 2478, A bill for an act relating to the town of White
and the city of Biwabik; authorizing general obligations of the town of White.
The bill was read for the first time and referred to the
Committee on Taxes.
Johnson, R.; Finstad and Dorn introduced:
H. F. No. 2479, A bill for an act relating to taxation;
providing a temporary increase in the levy limit for the Region Nine Regional
Development Commission.
The bill was read for the first time and referred to the
Committee on Taxes.
Finstad, Urdahl, Sviggum, Sertich and Lillie introduced:
H. F. No. 2480, A bill for an act relating to state and local
government operations; providing a process for developing a new baseball
stadium; establishing a metropolitan stadium authority; providing for the
membership and powers of the authority; authorizing the Metropolitan Council to
issue bonds; providing powers of the host communities; proposing coding for new
law in Minnesota Statutes, chapter 473; repealing Minnesota Statutes 2004,
sections 473I.01; 473I.02; 473I.03; 473I.04; 473I.05; 473I.06; 473I.07;
473I.08; 473I.09; 473I.10; 473I.11; 473I.12; 473I.13.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs.
Erhardt; Larson; Cox; Hornstein; Tingelstad; Samuelson;
Peterson, N.; Beard; Hausman; Lieder and Abeler introduced:
H. F. No. 2481, A bill for an act relating to transportation;
increasing motor fuel tax rates; changing vehicle registration tax; revising
county state-aid fund distribution formula; authorizing local wheelage taxes;
providing for deposit of revenues from wheelage tax and motor vehicle sales
tax; authorizing issuance of $1,000,000,000 in state trunk highway bonds;
proposing constitutional amendment for dedication of motor vehicle sales tax
revenues for transportation; appropriating money; amending Minnesota Statutes
2004, sections 162.07, subdivision 1, by adding subdivisions; 163.051; 168.013,
subdivision 1a; 296A.07, subdivision 3; 296A.08, subdivision 2; 297A.94;
297B.09, subdivision 1.
The bill was read for the first time and referred to the
Committee on Transportation Finance.
Gunther, for the Committee on Jobs and Economic Opportunity
Policy and Finance, introduced:
H. F. No. 2482, A bill for an act relating to gambling;
providing for operation of lottery gaming machines and the conduct of other
nonlottery games at a gaming facility; licensing and regulating the gaming
facility; imposing a gaming transaction fee on gaming at the gaming facility;
appropriating money; amending Minnesota Statutes 2004, sections 240.13, by
adding a subdivision; 240.135; 240.30, subdivision 1; 299L.07, subdivisions 2,
2a; 340A.410, subdivision 5; 349A.01, subdivision 10, by adding subdivisions;
349A.04; 349A.10, subdivisions 3, 6; 349A.13; 541.20; 541.21; 609.75,
subdivision 3; 609.761, by adding a subdivision; proposing coding for new law
in Minnesota Statutes, chapters 16A; 299L; 349A.
The bill was read for the first time and referred to the
Committee on Ways and Means.
MESSAGES FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
S. F. No. 1116.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to
the House.
Patrick E. Flahaven, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 1116
A bill for an act relating to natural resources; requiring
lifejackets for children aboard watercraft; amending Minnesota Statutes 2004,
section 86B.501, by adding a subdivision.
April 4, 2005
The Honorable James P.
Metzen
President of the Senate
The Honorable Steve Sviggum
Speaker of the House of
Representatives
We, the undersigned conferees for S. F. No. 1116, report
that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No.
1116 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2004, section 86B.501, is amended by adding a
subdivision to read:
Subd. 3. [GRANT
ALLEN LAW; LIFEJACKET REQUIRED FOR CHILDREN.] (a) No person may operate a
watercraft under way with a child under ten years of age aboard unless the
child is:
(1) wearing an appropriate personal flotation device
approved under subdivision 1; or
(2) below the top deck or in an enclosed cabin.
(b) Paragraph (a) does not apply to commercial watercraft
where the child is a passenger and the operator is licensed by the state of
Minnesota or the United States Coast Guard to carry passengers for hire. Paragraph (a) also does not apply if the
watercraft is anchored for the purpose of swimming or diving.
(c) A first violation of this subdivision prior to May 1,
2006, shall not result in a penalty, but is punishable only by a safety
warning.
(d) Any violation other than a violation addressed in
paragraph (c) is to be considered a petty misdemeanor.
[EFFECTIVE DATE.] This
section is effective the day following final enactment."
We request adoption of this report and repassage of the bill.
Senate Conferees: Satveer Chaudhary, Dennis R. Frederickson and
John C. Hottinger.
House Conferees: Charlotte Samuelson, Tom Hackbarth and David
Dill.
Samuelson moved that the report of the Conference Committee on
S. F. No. 1116 be adopted and that the bill be repassed as
amended by the Conference Committee.
The motion prevailed.
S. F. No. 1116, A bill for an act relating to natural
resources; requiring lifejackets for children aboard watercraft; amending
Minnesota Statutes 2004, section 86B.501, by adding a subdivision.
The bill was read for the third time, as amended by Conference,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 102 yeas
and 28 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davnie
Dean
Demmer
Dempsey
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Lanning
Larson
Latz
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Newman
Nornes
Opatz
Otremba
Paymar
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Soderstrom
Solberg
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, B.
Buesgens
Davids
DeLaForest
Dill
Erickson
Finstad
Hamilton
Heidgerken
Holberg
Hoppe
Johnson, J.
Kohls
Krinkie
Lesch
Magnus
Marquart
Olson
Paulsen
Peppin
Rukavina
Seifert
Smith
Sykora
Thao
Vandeveer
Westrom
Wilkin
The bill was repassed, as amended by Conference, and its title
agreed to.
CONSENT CALENDAR
S. F. No. 244, A bill for an act relating to education;
providing for consecutive teaching experience for a teacher whose probationary
employment is interrupted by military service; amending Minnesota Statutes
2004, section 122A.40, subdivision 5.
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 131 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Newman
Nornes
Olson
Opatz
Otremba
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
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 Supplemental Calendar for the Day for Tuesday, April 26, 2005:
H. F. No. 1333; S. F. No. 180;
H. F. Nos. 1692, 473, 68, 894 and 436;
S. F. No. 1841; H. F. Nos. 731 and 1595;
S. F. No. 4; H. F. Nos. 1915, 1555, 1389, 419,
1164, 1461 and 2035; S. F. Nos. 879 and 1016;
H. F. Nos. 604 and 1939; S. F. No 493; and H. F. No. 949.
CALENDAR FOR THE DAY
S. F. No. 453, A bill for an act relating to auctioneers;
modifying auctioneer license numbering requirements for county auditors;
amending Minnesota Statutes 2004, sections 330.01, subdivision 1; 330.08.
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 131 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Newman
Nornes
Olson
Opatz
Otremba
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 1333, A bill for an act relating to local government;
permitting the city of Wabasha to establish a port authority commission;
proposing coding for new law in Minnesota Statutes, chapter 469.
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 131 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson,
M.
Newman
Nornes
Olson
Opatz
Otremba
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
The Speaker called Kelliher to the Chair.
S. F. No. 180, A bill for an act relating to education;
providing for parent discretion in classroom placement of children of multiple
birth; proposing coding for new law in Minnesota Statutes, chapter 120A.
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
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Newman
Nornes
Olson
Opatz
Otremba
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 1915 was reported
to the House.
The Speaker resumed the Chair.
Zellers and Peppin moved to amend H. F. No. 1915, the first
engrossment, as follows:
Page 4, line 21, after "Robbinsdale" insert
", and including the addition of 180 new hospital beds beginning in
2010,"
Page 4, line 29, after "hospital" insert
"except as provided in this clause (19)"
The motion prevailed and the amendment was adopted.
Howes; Simon; Thissen; Peterson, N.; Beard; Davids; Huntley;
Erickson; Erhardt; Slawik; Sykora and Tingelstad moved to amend H. F. No. 1915,
the first engrossment, as amended, as follows:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2004, 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;
(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. Beds constructed under this clause shall not
be eligible for reimbursement under medical assistance, general assistance
medical care, or MinnesotaCare;
(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;
(17) a project involving the addition of 14 new hospital beds
to be used for rehabilitation services in an existing hospital in Itasca
County; or
(18) a project to add 20 licensed beds in
existing space at a hospital in Hennepin County that closed 20 rehabilitation
beds in 2002, provided that the beds are used only for rehabilitation in the
hospital's current rehabilitation building.
If the beds are used for another purpose or moved to another location,
the hospital's licensed capacity is reduced by 20 beds; or
(19) a project involving the establishment of a new hospital
in the city of Maple Grove by an existing hospital that relocates or
redistributes beds from its current site or adds new licensed beds, provided
that the project applicant demonstrates to the satisfaction of the commissioner
the ability of the project applicant to meet the following criteria:
(i) it will have a significant commitment to providing
uncompensated care, including discounts for uninsured patients, coordination
with community health centers and other providers of care to low-income
uninsured persons, and coordination with other hospitals providing
uncompensated care and serving public program recipients;
(ii) it will provide a full continuum of behavioral health services,
including mental health services for children and adolescents and alternatives
to inpatient care;
(iii) it will have an electronic medical records system and
a commitment to invest in information technology improvements;
(iv) it will be a site for workforce development for a broad
spectrum of health-care-related occupations and have a significant commitment
to providing clinical training programs for physicians and other health care
providers, including, but not limited to, obstetrics and gynecology,
pediatrics, psychiatry, and pediatric psychiatry, in coordination with other
medical education training programs in the state;
(v) it will coordinate with other health care providers to
reduce the duplication of high-cost services and technology; and
(vi) it will provide a broad range of senior services to
enable seniors to remain living in the community.
The exception under this clause is available for the
establishment of only one new hospital.
Between June 30, 2005, and August 30, 2005, an entity that has a plan
for such a hospital that has been previously determined by the commissioner to
be in the public interest according to section 144.552 and desires to establish
a new hospital must submit to the commissioner an application for an exception
under this clause. The application must
contain the plan, a true copy of the commissioner's determination, any
additional relevant evidence not contained in the plan that is supportive of
the application, and evidence of compliance with the criteria specified in this
clause.
When submitting a plan to the commissioner for approval, an
applicant must pay the commissioner for the commissioner's cost of reviewing
the plan, as determined by the commissioner and notwithstanding section
16A.1283. Money received by the
commissioner under this section is appropriated to the commissioner for the
purpose of administering this section.
The commissioner shall review each application to determine
compliance with the criteria. If the
commissioner determines an application complies with the criteria, the
commissioner shall issue an order approving an application by October 30, 2005."
Delete the title and insert:
"A bill for an act relating to health; providing an
exception to the hospital construction moratorium; appropriating money;
amending Minnesota Statutes 2004, section 144.551, subdivision 1."
A roll call was requested and properly seconded.
The Speaker called Abrams to the Chair.
The question was taken on the Howes et al amendment and the
roll was called.
Pursuant to rule 2.05, Ruud requested that she be excused from
voting on the Howes et al amendment to H. F. No. 1915, the first
engrossment, as amended. The request
was granted by the Speaker.
There were 61 yeas and 70 nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Atkins
Beard
Clark
Davids
Davnie
Dempsey
Dill
Dorn
Eken
Emmer
Entenza
Erhardt
Erickson
Fritz
Goodwin
Greiling
Hansen
Hornstein
Hosch
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Kahn
Kelliher
Koenen
Krinkie
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Mahoney
Mariani
Moe
Murphy
Opatz
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, N.
Poppe
Scalze
Sertich
Sieben
Simon
Slawik
Smith
Soderstrom
Solberg
Sykora
Thissen
Tingelstad
Vandeveer
Walker
Welti
Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Dean
DeLaForest
Demmer
Dittrich
Dorman
Eastlund
Ellison
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Johnson, J.
Juhnke
Klinzing
Knoblach
Kohls
Lanning
Loeffler
Magnus
Marquart
McNamara
Meslow
Mullery
Nelson, M.
Newman
Nornes
Olson
Otremba
Penas
Peppin
Peterson, S.
Powell
Rukavina
Ruth
Sailer
Samuelson
Seifert
Severson
Simpson
Thao
Urdahl
Wagenius
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
Westrom and Beard moved to amend H. F. No. 1915, the first
engrossment, as amended, as follows:
Pages 1 to 4, delete section 1 and insert:
"Section 1.
[REPEALER.]
Minnesota Statutes, section 144.551, is repealed."
Amend the title accordingly
The motion did not prevail and the amendment was not adopted.
H. F. No. 1915, A bill for an act relating to health; providing
an exception to the hospital construction moratorium; amending Minnesota
Statutes 2004, section 144.551, subdivision 1.
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.
Pursuant to rule 2.05, the Speaker excused Ruud from voting on
final passage of H. F. No. 1915, the first engrossment, as
amended.
There were 126 yeas and 5 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Newman
Nornes
Olson
Otremba
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Dempsey
Howes
Huntley
Jaros
Opatz
The bill was passed, as amended, 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
Goodwin moved that the name of Hansen be added as an author on
H. F. No. 420. The
motion prevailed.
Bradley moved that the name of Cybart be added as an author on
H. F. No. 619. The
motion prevailed.
Clark moved that the name of Sailer be added as an author on
H. F. No. 655. The
motion prevailed.
Hansen moved that the name of Hortman be added as an author on
H. F. No. 730. The
motion prevailed.
Sykora moved that the names of Newman, Buesgens, Demmer,
Heidgerken, Erickson, Klinzing and Meslow be added as authors on
H. F. No. 872. The
motion prevailed.
Beard moved that the name of Welti be added as an author on
H. F. No. 914. The
motion prevailed.
Larson moved that the name of Hansen be added as an author on
H. F. No. 1796. The
motion prevailed.
Simpson moved that his name be stricken as an author on
H. F. No. 1890. The
motion prevailed.
Larson moved that the name of Hansen be added as an author on
H. F. No. 2174. The
motion prevailed.
Larson moved that the name of Hansen be added as an author on
H. F. No. 2377. The
motion prevailed.
Meslow moved that the name of Tingelstad be added as an author
on H. F. No. 2465. The
motion prevailed.
The Speaker resumed the Chair.
Holberg moved that H. F. No. 2461 be recalled
from the Committee on Taxes and be re-referred to the Committee on Capital
Investment. The motion prevailed.
Lenczewski moved that H. F. No. 2482 be recalled
from the Committee on Ways and Means and be re-referred to the Committee on
Taxes.
A roll call was requested and properly seconded.
The question was taken on the Lenczewski motion and the roll
was called. There were 79 yeas and 53
nays as follows:
Those who
voted in the affirmative were:
Anderson, B.
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dean
DeLaForest
Dempsey
Dill
Dittrich
Dorman
Dorn
Ellison
Entenza
Erhardt
Fritz
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Krinkie
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Olson
Opatz
Otremba
Paymar
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Soderstrom
Solberg
Thao
Thissen
Vandeveer
Wagenius
Walker
Welti
Those who
voted in the negative were:
Abeler
Abrams
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Demmer
Eastlund
Eken
Emmer
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Hoppe
Johnson, J.
Klinzing
Knoblach
Kohls
Lanning
Magnus
McNamara
Meslow
Newman
Nornes
Paulsen
Peppin
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Sykora
Tingelstad
Urdahl
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion prevailed and H. F. No. 2482 was recalled from the
Committee on Ways and Means and re-referred to the Committee on Taxes.
ADJOURNMENT
Paulsen moved that when the House adjourns today it adjourn
until 12:00 noon, Wednesday, April 27, 2005.
The motion prevailed.
Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands
adjourned until 12:00 noon, Wednesday, April 27, 2005.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives